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A BILL TO BE ENTITLED
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AN ACT
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relating to efficiency standards for certain appliances; providing |
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a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Health and Safety Code, is |
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amended by adding Chapter 392 to read as follows: |
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Chapter 392. APPLIANCE EFFICIENCY STANDARDS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 392.001. DEFINITIONS. In this chapter: |
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(1) "Ballast" means a device used with an electric |
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discharge lamp to obtain necessary circuit conditions involving |
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voltage, current, and waveform, for starting and operating the |
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lamp. |
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(2) "Bottle-type water dispenser" means a water |
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dispenser that uses a bottle or reservoir as the source of potable |
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water. |
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(3) "Commercial hot food holding cabinet" means a |
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heated, fully enclosed compartment with one or more solid or glass |
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doors that is designed to maintain the temperature of hot food that |
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has been cooked in a separate appliance. |
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(4) "Compact audio product," also known as a mini, |
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mid, micro, or shelf audio system, means an integrated audio system |
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encased in a single housing that includes an amplifier and radio |
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tuner with attached or separable speakers that can reproduce audio |
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from magnetic tape, compact disc, DVD, or flash memory. |
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(5) "Digital versatile disc" or "DVD" means a |
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laser-encoded plastic medium capable of storing a large amount of |
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digital audio, video, or computer data. |
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(6) "DVD player" means a digital versatile disc player |
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that: |
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(A) is a commercially available electronic |
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product encased in a single housing that includes an integral power |
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supply; and |
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(B) is designed to decode digitized video signals |
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on a DVD. |
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(7) "DVD recorder" means a digital versatile disc |
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recorder that: |
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(A) is a commercially available electronic |
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product encased in a single housing that includes an integral power |
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supply; and |
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(B) is designed for the production or recording |
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of digitized video signals on a DVD. |
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(8) "Energy Star Program" means the United States |
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Environmental Protection Agency's Energy Star Program. |
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(9) "High-intensity discharge lamp" means a lamp in |
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which: |
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(A) light is produced by the passage of an |
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electric current through a vapor or gas; |
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(B) the light-producing arc is stabilized by bulb |
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wall temperature; and |
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(C) the arc tube has a bulb wall loading of |
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greater than three watts per square centimeter. |
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(10) "Metal halide lamp" means a high-intensity |
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discharge lamp in which the major portion of the light is produced |
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by radiation of metal halides and their products of dissociation. |
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(11) "Metal halide lamp fixture" means a fixture |
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designed to be operated with a metal halide lamp and a ballast for a |
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metal halide lamp. |
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(12) "Portable electric spa" means a factory-built |
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electric spa or hot tub, supplied with equipment for heating and |
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circulating water. |
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(13) "Residential pool pump" means a pump used to |
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circulate and filter residential swimming pool water to maintain |
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the water's clarity and sanitation. |
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(14) "Single-voltage external AC to DC power supply" |
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means a device that: |
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(A) is designed to convert line voltage |
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alternating current input into lower voltage direct current output; |
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(B) is able to convert to only one direct current |
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output voltage at a time; |
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(C) is intended to be used with a separate |
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end-use product that constitutes the primary power load; |
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(D) is contained in a physical enclosure separate |
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from the end-use product; |
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(E) is designed to be connected to the end-use |
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product by a removable or hard-wired electrical connection, cable, |
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cord, or other wiring; |
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(F) has a nameplate output power less than or |
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equal to 250 watts; |
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(G) does not have a fixed or removable battery or |
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battery pack that physically attaches directly to the power supply |
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converter unit; and |
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(H) does not have: |
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(i) a battery chemistry or type selector |
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switch and indicator light; or |
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(ii) a battery chemistry or type selector |
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switch and a state of charge meter. |
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(15) "State-regulated incandescent reflector lamp" |
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means a lamp that: |
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(A) is not colored or designed for rough or |
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vibration service applications; |
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(B) has an inner reflective coating on the outer |
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bulb to direct the light; |
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(C) has a standard E26 (Edison 26 millimeter) |
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medium screw base; |
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(D) has a rated voltage or voltage range at least |
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partially within the range of 115 to 130 volts; and |
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(E) is one of the following types: |
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(i) a blown parabolic aluminized reflector |
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(BPAR) lamp, bulged reflector (BR) lamp, elliptical reflector (ER) |
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lamp, or a lamp with a similar bulb shape with a diameter equal to or |
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greater than 2.25 inches; or |
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(ii) a reflector (R) lamp, a parabolic |
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aluminized reflector (PAR) lamp, or a lamp with a similar bulb shape |
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with a diameter of 2.25 to 2.75 inches. |
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(16) "Walk-in freezer" means a refrigerated space a |
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person can walk into that: |
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(A) has a total frozen storage area of less than |
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3,000 square feet; |
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(B) operates at a temperature at or below 32 |
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degrees Fahrenheit; and |
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(C) is connected to a self-contained or remote |
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condensing unit. |
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(17) "Walk-in refrigerator" means a refrigerated |
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space a person can walk into that: |
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(A) has a total chilled storage area of less than |
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3,000 square feet; |
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(B) operates at a chilled temperature above 32 |
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degrees Fahrenheit; and |
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(C) is connected to a self-contained or remote |
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condensing unit. |
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(18) "Water dispenser" means a factory-made assembly |
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that mechanically cools and heats potable water and that dispenses |
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the cooled or heated water by integral or remote means. |
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Sec. 392.002. APPLICABILITY; EXEMPTIONS. (a) This chapter |
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applies to the following new products sold, offered for sale, or |
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installed in this state: |
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(1) bottle-type water dispensers; |
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(2) commercial hot food holding cabinets; |
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(3) compact audio products; |
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(4) DVD players and recorders; |
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(5) metal halide lamp fixtures; |
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(6) portable electric spas; |
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(7) residential pool pumps; |
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(8) single-voltage external AC to DC power supplies; |
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(9) state-regulated incandescent reflector lamps; |
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(10) walk-in refrigerators and freezers; and |
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(11) any other products that are designated by the |
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comptroller in accordance with Section 392.102. |
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(b) This chapter does not apply to: |
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(1) a new product manufactured in this state and sold |
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outside the state; |
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(2) a new product manufactured outside this state and |
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sold at wholesale inside the state for final retail sale and |
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installation outside the state; |
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(3) a product installed in a mobile manufactured home |
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at the time of the home's construction; |
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(4) a product designed expressly for installation and |
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use in a recreational vehicle; |
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(5) a commercial heated glass merchandizing cabinet, |
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drawer warmer, or cook-and-hold appliance for hot food; |
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(6) a compact audio product that: |
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(A) can be independently powered by internal |
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batteries; |
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(B) has a powered external satellite antenna; or |
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(C) can provide a video output signal; |
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(7) a DVD recorder that has an electronic programming |
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guide function that provides an interactive, onscreen menu of |
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television listings and downloads program information from the |
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vertical blanking interval of a regular television signal; |
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(8) a refrigerated warehouse; |
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(9) a chilled-space product designed and marketed |
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exclusively for medical, scientific, or research purposes; |
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(10) a single-voltage external AC to DC power supply |
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that requires United States Food and Drug Administration listing |
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and approval as a medical device; or |
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(11) an incandescent reflector lamp that is rated at: |
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(A) 50 watts or less with a diameter of 30/8 or |
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40/8 inches and is one of the following types: BR30, ER30, BR40, and |
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ER40; |
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(B) 65 watts with a diameter of 30/8 or 40/8 |
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inches and is one of the following types: BR30, BR40, and ER40; or |
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(C) 45 watts or less with a diameter of 20/8 |
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inches (R20 lamps). |
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[Sections 392.003-392.050 reserved for expansion] |
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SUBCHAPTER B. EFFICIENCY STANDARDS |
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Sec. 392.051. MINIMUM EFFICIENCY STANDARDS FOR CERTAIN |
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APPLIANCES. Not later than September 1, 2008, the comptroller, in |
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consultation with the state energy conservation office, shall adopt |
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rules establishing minimum efficiency standards for each type of |
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new product described by Section 392.002(a). |
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Sec. 392.052. NEW OR INCREASED EFFICIENCY STANDARDS. (a) |
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The comptroller may adopt rules to establish increased efficiency |
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standards for a product listed in Section 392.002(a) or to |
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establish standards for a product not listed in that subsection. |
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(b) In considering new or increased standards, the |
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comptroller, in consultation with the state energy conservation |
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office, shall prescribe new or increased efficiency standards if |
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the comptroller determines that the standards would: |
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(1) serve to promote energy conservation in this |
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state; and |
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(2) be cost-effective for consumers who purchase and |
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use the new product. |
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Sec. 392.053. EFFECTIVE DATE OF STANDARDS. A standard |
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established under this subchapter takes effect on the first |
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anniversary of the date the rule establishing the standard is |
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adopted. |
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Sec. 392.054. BOTTLE-TYPE WATER DISPENSERS. A bottle-type |
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water dispenser designed for dispensing both hot and cold water may |
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not have standby energy consumption greater than 1.2 kilowatt-hours |
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per day, as measured in accordance with the test criteria contained |
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in version 1 of the "Energy Star Program Requirements for Bottled |
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Water Coolers," except that Section D, "Timer Usage," of those test |
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criteria may not be used to test units with an integral, automatic |
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timer. |
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Sec. 392.055. COMMERCIAL HOT FOOD HOLDING CABINETS. (a) A |
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commercial hot food holding cabinet must have a maximum idle energy |
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rate of not greater than 40 watts per cubic foot of interior volume, |
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as determined by the "idle energy rate-dry test" in ASTM F2140-01, |
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"Standard Test Method for Performance of Hot Food Holding |
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Cabinets," copyright 2007 ASTM International. |
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(b) Interior volume must be measured in accordance with the |
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method shown in the "Energy Star Program Requirements for |
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Commercial Hot Food Holding Cabinets" as in effect on August 15, |
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2003. |
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Sec. 392.056. COMPACT AUDIO PRODUCTS. A compact audio |
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product may not use more than two watts in standby-passive mode for |
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a product without a permanently illuminated clock display and four |
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watts in standby-passive mode for a product with a permanently |
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illuminated clock display, as measured in accordance with |
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International Electrotechnical Commission (IEC) test method |
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62087:2002-2003(E), "Methods of measurement for the power |
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consumption of audio, video, and related equipment." |
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Sec. 392.057. DVD PLAYERS OR RECORDERS. A DVD player or |
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recorder may not use more than three watts in standby-passive mode, |
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as measured in accordance with International Electrotechnical |
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Commission (IEC) test method 62087:2002-2003(E), "Methods of |
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measurement for the power consumption of audio, video, and related |
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equipment." |
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Sec. 392.058. METAL HALIDE LAMP FIXTURES. A metal halide |
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lamp fixture designed to be operated with a lamp that has a wattage |
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rating of 150 to 500 watts may not contain a ballast to operate the |
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lamp known as a "probe-start metal halide ballast" that: |
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(1) does not contain an igniter; and |
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(2) starts the lamp by using a third starting |
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electrode probe in the arc tube. |
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Sec. 392.059. PORTABLE ELECTRIC SPAS. A portable electric |
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spa may not have a standby power greater than 5(V2/3) watts where V |
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equals the total volume in gallons. Standby power must be measured |
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in accordance with the test method for portable electric spas |
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contained in Section 1604, Title 20, California Code of |
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Regulations, as of December 2006. |
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Sec. 392.060. RESIDENTIAL POOL PUMP MOTORS. (a) A |
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residential pool pump motor may not be a split-phase or capacitor |
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start-induction run type motor. |
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(b) A residential pool pump motor with a capacity of one |
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horsepower or more must have the capability of operating at more |
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than one speed with a low speed having a rotation rate that is not |
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more than one-half of the motor's maximum rotation rate. |
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(c) Pool pump motor controls must have the capability of |
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operating the pool pump at more than one speed. The pump's default |
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circulation speed must be the lowest speed, and the pump's high |
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speed override capability must be governed by a control device that |
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allows the higher circulation speed to operate only for a temporary |
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period not to exceed one normal cycle. |
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Sec. 392.061. SINGLE-VOLTAGE EXTERNAL AC TO DC POWER |
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SUPPLIES. (a) A single-voltage external AC to DC power supply must |
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meet the minimum energy efficiency and maximum energy consumption |
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requirements provided by the following table: |
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Nameplate Output Power |
Minimum Energy |
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Efficiency in Active Mode |
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0 to < 1 watt |
0.49 * Nameplate Output |
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=1 watt and =49 watts |
0.09*Ln(Nameplate Output Power) + 0.49 |
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Consumption in No-Load Mode |
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0 to < 10 watts |
0.5 watts |
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= 10 watts and =250 watts |
0.75 watts |
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Where Ln (Nameplate Output) = Natural Logarithm of the |
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nameplate output expressed in watts |
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(b) These standards apply to single-voltage external AC to |
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DC power supplies that are sold individually and to those that are |
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sold as a component of or in conjunction with another product. |
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(c) For purposes of this section, the efficiency of a |
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single-voltage external AC to DC power supply must be measured in |
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accordance with the test methodology specified by the Energy Star |
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Program "Test Method for Calculating the Energy Efficiency of |
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Single-Voltage External AC-DC and AC-AC Power Supplies (August 11, |
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2004)," except that tests shall be conducted at 115 volts only. |
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Sec. 392.062. STATE-REGULATED INCANDESCENT REFLECTOR |
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LAMPS. A state-regulated incandescent reflector lamp must meet the |
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minimum average lamp efficacy requirements for federally regulated |
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incandescent reflector lamps contained in 42 U.S.C. Section |
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6295(i)(1)(A), as in effect on January 1, 2007. |
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Sec. 392.063. WALK-IN REFRIGERATORS AND FREEZERS. (a) A |
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walk-in refrigerator or freezer must have: |
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(1) automatic door closers that firmly close all |
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reach-in doors and that firmly close walk-in doors not wider than 3 |
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feet 9 inches and not higher than 6 feet 11 inches that have been |
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closed to within one inch of full closure; |
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(2) wall, ceiling, and door insulation resistance |
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values of at least R-28 for refrigerators and R-32 for freezers, |
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except for glazed portions of doors and structural members; |
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(3) a floor insulation resistance value of at least |
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R-28 for freezers; |
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(4) for a single-phase evaporator fan motor rated at |
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less than one horsepower and at less than 460 volts, an |
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electronically commutated motor; |
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(5) for a condenser fan motor rated at less than one |
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horsepower: |
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(A) an electronically commutated motor; |
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(B) a permanent split capacitor-type motor; or |
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(C) a polyphase motor of one-half horsepower or |
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more; and |
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(6) except as provided by Subsection (d), for all |
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interior lights, light sources with an efficacy of 40 lumens per |
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watt or more, including ballast losses. |
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(b) In addition to the requirements under Subsection (a), a |
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walk-in refrigerator or freezer with transparent reach-in doors |
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must have the following: |
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(1) transparent reach-in doors or windows in walk-in |
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doors for a walk-in freezer of triple-pane glass with |
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heat-reflective treated glass or gas fill; |
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(2) transparent reach-in doors or windows in walk-in |
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doors for a walk-in refrigerator of double-pane or triple-pane |
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glass with heat-reflective treated glass and gas fill; |
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(3) for an appliance that has an anti-sweat heater |
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without anti-sweat heat controls, a total door rail, glass, and |
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frame heater power draw of not more than 7.1 watts per square foot |
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of door opening for a freezer and 3.0 watts per square foot of door |
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opening for a refrigerator; and |
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(4) for an appliance that has an anti-sweat heater |
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with anti-sweat heat controls and the total door rail, glass, and |
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frame heater power draw is more than 7.1 watts per square foot of |
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door opening for a freezer or 3.0 watts per square foot of door |
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opening for a refrigerator, anti-sweat heat controls that reduce |
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the energy use of the anti-sweat heater in an amount corresponding |
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to the relative humidity in the air outside the door or to the |
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condensation on the inner glass pane. |
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(c) The comptroller may delay implementation of Subsection |
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(a)(4) on a determination that the specified motors are available |
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only from one manufacturer or in quantities insufficient to serve |
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the needs of the walk-in industry for evaporator-fan applications. |
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(d) A walk-in refrigerator or freezer may have interior |
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light sources with an efficacy of less than 40 lumens per watt, |
|
including ballast losses, if the lights are used in conjunction |
|
with a timer or device that turns the lights off whenever the |
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refrigerator or freezer is unoccupied for a period not to exceed 15 |
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minutes. |
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[Sections 392.064-392.100 reserved for expansion] |
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SUBCHAPTER C. IMPLEMENTATION AND MODIFICATION OF EFFICIENCY |
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STANDARDS |
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Sec. 392.101. PRODUCT COMPLIANCE. (a) A new product |
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described by Section 392.002(a) may not be sold or offered for sale |
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in this state unless the efficiency of the new product meets or |
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exceeds the applicable efficiency standards prescribed by the rules |
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adopted under Subchapter B. |
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(b) On or after the first anniversary of the date the sale or |
|
offering for sale of a new product becomes subject to an efficiency |
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standard adopted under this chapter, that product may not be |
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installed for compensation in this state unless the efficiency of |
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the product meets or exceeds the applicable efficiency standards |
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prescribed by the rules adopted under Subchapter B. |
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Sec. 392.102. APPLICATION FOR WAIVER. For purposes of this |
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chapter, the comptroller may apply for a waiver of federal |
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preemption in accordance with federal procedures under 42 U.S.C. |
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Section 6297(d) to authorize state efficiency standards for a |
|
product regulated by the federal government. |
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[Sections 392.103-392.150 reserved for expansion] |
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SUBCHAPTER D. TESTING, CERTIFICATION, LABELING, AND ENFORCEMENT |
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Sec. 392.151. PRODUCT TESTING. (a) The manufacturer of a |
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new product subject to an efficiency standard adopted under this |
|
chapter shall test samples of the product in accordance with the |
|
test procedures adopted under this chapter. |
|
(b) The comptroller, in consultation with the State Energy |
|
Conservation Office, by rule shall adopt test procedures for |
|
determining a product's energy efficiency if Subchapter B does not |
|
provide for the procedures. The comptroller shall adopt test |
|
methods approved by the United States Department of Energy or, in |
|
the absence of those test methods, other appropriate nationally |
|
recognized test methods. |
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(c) The comptroller may adopt revised test procedures when |
|
new versions of test procedures become available. |
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Sec. 392.152. PRODUCT CERTIFICATION. (a) Except as |
|
provided by Subsection (c), the manufacturer of a new product |
|
subject to an efficiency standard adopted under this chapter shall |
|
certify to the comptroller that the product is in compliance with |
|
that standard according to test results. |
|
(b) The comptroller shall adopt rules governing the |
|
certification of products under this section and shall coordinate |
|
certification by this state with the certification programs of |
|
other states and federal agencies with similar standards. |
|
(c) Subsection (a) does not apply to a manufacturer of |
|
single-voltage external AC to DC power supplies, walk-in |
|
refrigerators, or walk-in freezers. |
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Sec. 392.153. PRODUCT LABELING. (a) The manufacturer of a |
|
new product subject to an efficiency standard adopted under this |
|
chapter shall identify each product offered for sale or |
|
installation in this state as being in compliance with this chapter |
|
by means of a mark, label, or tag on the product and packaging at the |
|
time of sale or installation. |
|
(b) The comptroller shall adopt rules governing the |
|
identification of products and packaging under this section. The |
|
rules must to the greatest practical extent be coordinated with the |
|
labeling programs of other states and federal agencies with |
|
equivalent efficiency standards. The comptroller shall allow the |
|
use of existing marks, labels, or tags that connote compliance with |
|
the efficiency requirements of this chapter. |
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Sec. 392.154. COMPTROLLER TESTING FOR EFFICIENCY STANDARDS |
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COMPLIANCE. (a) The comptroller may test products subject to an |
|
efficiency standard adopted under this chapter for compliance with |
|
the applicable efficiency standards. If a product tested is found |
|
not to be in compliance with the standards, the comptroller shall: |
|
(1) impose against the manufacturer of the product an |
|
assessment in an amount sufficient to recover the costs of |
|
purchasing and testing the product; and |
|
(2) make information available to the public on any |
|
product found to be not in compliance with the standards. |
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Sec. 392.155. INSPECTIONS. The comptroller may have |
|
periodic inspections conducted of a distributor or retailer of new |
|
products covered by Section 392.002 subject to an efficiency |
|
standard adopted under this chapter to determine compliance with |
|
this chapter. The inspections must be conducted at reasonable and |
|
convenient hours. Notice must be given before an inspection may be |
|
conducted. |
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Sec. 392.156. COMPLAINTS. The comptroller shall |
|
investigate a complaint received concerning a violation of this |
|
chapter and shall report the results of the investigation to the |
|
attorney general. |
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Sec. 392.157. ATTORNEY GENERAL ENFORCEMENT. The attorney |
|
general may institute proceedings to enforce this chapter. |
|
Sec. 392.158. VIOLATIONS AND PENALTIES. (a) The |
|
comptroller shall issue a warning to a person for the person's first |
|
violation of this chapter. |
|
(b) A person's second and subsequent violations are subject |
|
to a civil penalty of not more than $250. |
|
(c) Each violation constitutes a separate violation, and |
|
each day that a violation continues constitutes a separate |
|
violation. |
|
(d) A penalty assessed under this section is in addition to |
|
costs assessed under Section 392.154. |
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Sec. 392.159. RULES FOR IMPLEMENTATION AND ENFORCEMENT. |
|
The comptroller may adopt additional rules necessary to ensure the |
|
proper implementation and enforcement of this chapter. |
|
SECTION 2. (a) The efficiency standards prescribed by |
|
rules adopted under Subchapter B, Chapter 392, Health and Safety |
|
Code, as added by this Act, apply only to the sale or offer of sale |
|
of a new product to which that chapter applies that occurs on or |
|
after January 1, 2009. |
|
(b) Notwithstanding Subsection (a) of this section: |
|
(1) a new residential pool pump that does not meet the |
|
efficiency standards contained in Sections 392.060(b) and (c), |
|
Health and Safety Code, as added by this Act, may be sold in this |
|
state through December 31, 2009; and |
|
(2) a new single-voltage external AC to DC power |
|
supply made available by a manufacturer directly to a consumer or to |
|
a service or repair facility after and separate from the original |
|
sale of a product requiring the power supply as a service part or |
|
spare part is not required to meet the standards of Section 392.061, |
|
Health and Safety Code, as added by this Act, until January 1, 2013. |
|
SECTION 3. This Act takes effect September 1, 2007. |