82R481 ALL-D

By: Ellis S.B. No. 457

A BILL TO BE ENTITLED

AN ACT

relating to minimum efficiency standards for certain products; 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. PRODUCT EFFICIENCY STANDARDS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 392.001. DEFINITIONS. In this chapter:

(1) "Residential pool pump" means a product, consisting in part of a motor and an impeller and housing, designed to circulate and filter residential swimming pool water to maintain the water's clarity and sanitation.

(2) "Residential pool pump motor" means a definite purpose motor designed for use in a residential pool pump.

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

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

(1) residential pool pumps;

(2) residential pool pump motors; and

(3) residential pool pump motor controls.

(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; or

(3) water pumps that are labeled as not intended for use as a swimming pool filtration pump 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 PRODUCTS. (a) Not later than September 1, 2012, the comptroller, in consultation with the State Energy Conservation Office, by rule shall establish minimum efficiency standards for each type of new product described by Section 392.002(a).

(b) If a federal law establishes a minimum efficiency standard for a product 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 REVISED EFFICIENCY STANDARDS. (a) The comptroller by rule may establish a new or revised efficiency standard for a product described by Section 392.002(a).

(b) The comptroller, in consultation with the State Energy Conservation Office, by rule shall establish a new or revised standard if the comptroller determines that the standard would:

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

(2) be cost-effective for consumers who purchase and use a new product to which the standard applies.

(c) Notwithstanding Subsections (a) and (b), the comptroller may not establish a new or revised standard for a product described by Section 392.002(a) if the standard would provide for less stringent energy efficiency requirements than a standard prescribed by Section 392.054 or a rule adopted under Section 392.051.

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. RESIDENTIAL POOL PUMPS, RESIDENTIAL POOL PUMP MOTORS, AND RESIDENTIAL POOL PUMP MOTOR CONTROLS. (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.

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

(1) have the capability of operating at two or more speeds 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 pool pump motor 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 residential pool pump motor capable of operating at two or more speeds must have the capability of operating the pool pump at two or more speeds. The control's default circulation speed setting may not exceed one-half of the motor's maximum rotation rate. Any high-speed override capability must be for a temporary period not to exceed one 24-hour cycle without resetting to the default setting.

[Sections 392.055-392.100 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 this chapter or a rule adopted under this chapter.

(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 prescribed by or 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 standard.

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 a state efficiency standard 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 prescribed by or adopted under this chapter shall test samples of the product in accordance with the test methods or procedures adopted under this chapter.

(b) The comptroller, in consultation with the State Energy Conservation Office, by rule shall adopt test methods or procedures for determining a product's energy efficiency. The comptroller shall adopt test methods or procedures approved by the United States Department of Energy or, in the absence of those test methods or procedures, other appropriate nationally recognized test methods or procedures.

(c) The comptroller may adopt an updated test method or procedure when a new version of a test method or procedure becomes available.

Sec. 392.152. PRODUCT CERTIFICATION. (a) The manufacturer of a new product subject to an efficiency standard prescribed by or 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 prescribed by or 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 prescribed by or adopted under this chapter for compliance with the applicable efficiency standard. If a product tested is found not to be in compliance with the standard, 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 standard.

Sec. 392.155. INSPECTIONS. The comptroller may have periodic inspections conducted of a distributor or retailer of new products described by Section 392.002(a) subject to an efficiency standard prescribed by or 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 an efficiency standard 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) An efficiency standard prescribed by a rule adopted under Subchapter B, Chapter 392, Health and Safety Code, as added by this Act, applies only to the sale or offer for sale of a new product to which that chapter applies that occurs on or after January 1, 2013.

(b) Notwithstanding Subsection (a) of this section, a new residential pool pump, residential pool pump motor, or residential pool pump motor control that does not meet an efficiency standard prescribed by Section 392.054, Health and Safety Code, as added by this Act, may be sold in this state through December 31, 2013.

SECTION 4. This Act takes effect September 1, 2011.