81R26419 KJM-D

By: Anchia H.B. No. 2210

Substitute the following for H.B. No. 2210:

By: Hardcastle C.S.H.B. No. 2210

A BILL TO BE ENTITLED

AN ACT

relating to efficiency standards for certain appliances; providing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 5, Health and Safety Code, is amended by adding Chapter 392 to read as follows:

CHAPTER 392. APPLIANCE EFFICIENCY STANDARDS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 392.001. DEFINITIONS. In this chapter:

(1) "Bottle-type water dispenser" means a water dispenser that uses a bottle or reservoir as the source of potable water.

(2) "Commercial hot food holding cabinet" means a heated, fully enclosed compartment with one or more solid or glass doors that is designed to maintain the temperature of hot food that has been cooked in a separate appliance.

(3) "Energy Star Program" means the United States Environmental Protection Agency's Energy Star Program.

(4) "Portable electric spa" means a factory-built electric spa or hot tub, supplied with equipment for heating and circulating water.

(5) "Residential pool pump" means a pump used to circulate and filter residential swimming pool water to maintain the water's clarity and sanitation.

(6) "Total horsepower" means the product of a motor's service factor and nameplate horsepower.

(7) "Water dispenser" means a factory-made assembly that mechanically cools and heats potable water and that dispenses the cooled or heated water by integral or remote means.

Sec. 392.002. APPLICABILITY; EXEMPTIONS. (a) This chapter applies to the following new products sold, offered for sale, or installed in this state:

(1) bottle-type water dispensers;

(2) commercial hot food holding cabinets;

(3) portable electric spas; and

(4) residential pool pumps.

(b) This chapter does not apply to:

(1) a new product manufactured in this state and sold outside the state;

(2) a new product manufactured outside this state and sold at wholesale inside the state for final retail sale and installation outside the state;

(3) a product installed in a mobile manufactured home at the time of the home's construction;

(4) a product designed expressly for installation and use in a recreational vehicle;

(5) a commercial heated glass merchandizing cabinet, drawer warmer, or cook-and-hold appliance for hot food; or

(6) water pumps that are labeled as not intended for use as a swimming pool filtration system and are used in:

(A) a water feature;

(B) a fountain;

(C) a spa jet; or

(D) a process other than filtration.

[Sections 392.003-392.050 reserved for expansion]

SUBCHAPTER B. EFFICIENCY STANDARDS

Sec. 392.051. MINIMUM EFFICIENCY STANDARDS FOR CERTAIN APPLIANCES. (a) Not later than September 1, 2010, the comptroller, in consultation with the State Energy Conservation Office, shall adopt rules establishing minimum efficiency standards for each type of new product described by Section 392.002(a).

(b) If the federal law establishes an Energy Star Program efficiency standard for an appliance covered by this chapter, the standard set under this chapter is preempted by the federal law unless an application for waiver under Section 392.102 is granted.

Sec. 392.052. NEW OR INCREASED EFFICIENCY STANDARDS. (a) The comptroller may adopt rules to establish increased efficiency standards for a product listed in Section 392.002(a).

(b) In considering increased standards, the comptroller, in consultation with the State Energy Conservation Office, shall prescribe increased efficiency standards if the comptroller determines that the standards would:

(1) serve to promote energy conservation in this state; and

(2) be cost-effective for consumers who purchase and use the new product.

Sec. 392.053. EFFECTIVE DATE OF STANDARDS. A standard established under this subchapter takes effect on the first anniversary of the date the rule establishing the standard is adopted.

Sec. 392.054. BOTTLE-TYPE WATER DISPENSERS. A bottle-type water dispenser designed for dispensing both hot and cold water may not have standby energy consumption greater than 1.2 kilowatt-hours per day, as measured in accordance with the test criteria contained in version 1 of the "Energy Star Program Requirements for Bottled Water Coolers," except that Section D, "Timer Usage," of those test criteria may not be used to test units with an integral, automatic timer.

Sec. 392.055. COMMERCIAL HOT FOOD HOLDING CABINETS. (a) A commercial hot food holding cabinet must have a maximum idle energy rate of not greater than 40 watts per cubic foot of interior volume, as determined by the "idle energy rate-dry test" in ASTM F2140-01, "Standard Test Method for Performance of Hot Food Holding Cabinets," copyright 2007 ASTM International.

(b) Interior volume must be measured in accordance with the method shown in the "Energy Star Program Requirements for Commercial Hot Food Holding Cabinets" as in effect on August 15, 2003.

Sec. 392.056. PORTABLE ELECTRIC SPAS. A portable electric spa may not have a standby power greater than 5(V2/3) watts where V equals the fill volume in gallons. Standby power must be measured in accordance with the test method for portable electric spas contained in Section 1604, Title 20, California Code of Regulations, as of December 2008.

Sec. 392.057. RESIDENTIAL POOL PUMP MOTORS. (a) A residential pool pump motor may not be a split-phase or capacitor start-induction run type motor except that the following are not prohibited by this subsection:

(1) a two-speed motor with a low-speed section that is a capacitor start-induction run type; and

(2) a 48-frame motor designed for use with above-ground pools, portable spas, or whirlpool bathtubs.

(b) A residential pool pump motor with a total horsepower capacity of one or more must:

(1) have the capability of operating at more than one speed with a low speed having a rotation rate that is not more than one-half of the motor's maximum rotation rate; and

(2) be operated with a pump control with the capability to operate the pump at two or more speeds.

(c) A pool pump motor control that is sold for use with a pool pump capable of operating at more than one speed must have the capability of operating the pool pump at more than one speed. The pump's default circulation speed may not exceed one-half of the motor's maximum rotation rate.

[Sections 392.058-392.100 reserved for expansion]

SUBCHAPTER C. IMPLEMENTATION AND MODIFICATION OF EFFICIENCY

STANDARDS

Sec. 392.101. PRODUCT COMPLIANCE. (a) A new product described by Section 392.002(a) may not be sold or offered for sale in this state unless the efficiency of the new product meets or exceeds the applicable efficiency standards prescribed by the rules adopted under Subchapter B.

(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 standard adopted under this chapter, that product may not be installed for compensation in this state unless the efficiency of the product meets or exceeds the applicable efficiency standards prescribed by the rules adopted under Subchapter B.

Sec. 392.102. APPLICATION FOR WAIVER. For purposes of this chapter, the comptroller may apply for a waiver of federal preemption in accordance with federal procedures under 42 U.S.C. Section 6297(d) to authorize state efficiency standards for a product regulated by the federal government.

[Sections 392.103-392.150 reserved for expansion]

SUBCHAPTER D. TESTING, CERTIFICATION, LABELING, AND ENFORCEMENT

Sec. 392.151. PRODUCT TESTING. (a) The manufacturer of a 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.

(c) The comptroller may adopt revised test procedures when new versions of test procedures become available.

Sec. 392.152. PRODUCT CERTIFICATION. (a) 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.

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.

Sec. 392.154. COMPTROLLER TESTING FOR EFFICIENCY STANDARDS COMPLIANCE. 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.

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.

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.

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.

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. Section 389.002, Health and Safety Code, is amended to read as follows:

Sec. 389.002. USE OF CERTAIN INFORMATION FOR FEDERAL RECOGNITION OF EMISSIONS REDUCTIONS. (a) The commission, using information derived from the reports to the commission under Sections 386.205, 388.003(e), and 388.006, shall take all appropriate and necessary actions so that emissions reductions achieved by means of activities under Chapters 386 and 388 are credited by the United States Environmental Protection Agency to the appropriate emissions reduction objectives in the state implementation plan.

(b) The commission shall work with the Energy Systems Laboratory at the Texas Engineering Experiment Station of The Texas A&M University System to ensure that the emissions reductions achieved by the efficiency standards established under Chapter 392 are credited by the United States Environmental Protection Agency to the appropriate emissions reduction objectives in the state implementation plan.

SECTION 3. (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, 2011.

(b) Notwithstanding Subsection (a) of this section, a new residential pool pump that does not meet the efficiency standards contained in Section 392.057, Health and Safety Code, as added by this Act, may be sold in this state through December 31, 2011.

SECTION 4. This Act takes effect September 1, 2009.