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OLR Bill Analysis
sSB 301
AN ACT CONCERNING ENERGY EFFICIENCY STANDARDS AND
GRANTS FOR RETROFITTING PROJECTS.
SUMMARY
This bill changes the types of products subject to energy efficiency
standards by adding 18 products, taking away 13 other products, and
changing standards for certain other products. As under current law,
these standards apply to new products sold or leased, offered for sale or
lease, or installed in the state.
The bill allows, rather than requires, the Department of Energy and
Environmental Protection (DEEP) commissioner to adopt regulations to
designate efficiency standards for additional products and also allows
her to establish greenhouse gas (GHG) emissions standards if the
department makes certain findings. The bill also allows the
commissioner to adopt standards for additional products if certain
federal standards would have applied to the products had they not been
voided after publication.
The bill requires product manufacturers to certify compliance with
DEEP by submitting documentation on their products’ certification by
certain state and federal entities.
The bill also expands DEEP’s multi-housing retrofit pilot program by
allowing it to offer grants in addition to loans. It limits the amount of
bond funding DEEP may use for the grants and extends certain
program-related deadlines.
Finally, the bill makes minor, technical, and conforming changes.
EFFECTIVE DATE: October 1, 2024, except the provisions on the
multi-housing retrofit pilot program are effective upon passage. 2024SB-00301-R000345-BA.DOCX
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APPLIANCE STANDARDS
Applicability
Under the bill, as under current law, these standards apply to new
products, but they do not apply to the following:
1. new products manufactured in the state and sold outside the
state,
2. new products manufactured outside the state and sold at
wholesale inside the state for final retail sale and installation
outside the state,
3. products installed in mobile manufactured homes at the time of
construction, or
4. products designed expressly for installation and use in
recreational vehicles.
New Standards for Newly Regulated Products
Starting January 1, 2026, the bill sets new standards for 18 products,
newly defined and regulated under the bill, as shown in the table below.
These requirements apply to new products sold or leased, offered for
sale or lease, or installed in the state.
Table: Newly Regulated Products and Standards, Effective 1/1/26
Product Definition Standard or Testing Requirement
Commercial
Dishwasher
Machine designed to clean and
sanitize plates, pots, pans, glasses,
cups, bowls, utensils, and trays by
spraying detergent solution and a
sanitizing rinse
Qualification criteria in the federal
Environmental Protection Agency’s
(EPA) “Energy Star Program
Requirements for Commercial
Dishwashers” if products are in the
scope of the version 2.0 product
specification
Commercial
Fryer
Appliance, including a cooking
vessel, in which food is cooked in oil
rather than on the vessel’s bottom,
including electric and gas fryers
Qualification criteria in EPA’s
“Energy Star Program Requirements
for Commercial Fryers” if products
are in the scope of the version 2.0
product specification
Commercial
Ovens
Chamber designed to heat, roast, or
bake food by conduction,
convection, radiation, or
Qualification criteria in EPA’s
“Energy Star Program Requirements
for Commercial Ovens” if products 2024SB-00301-R000345-BA.DOCX
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Product Definition Standard or Testing Requirement
electromagnetic energy are in the scope of the version 2.2
product specification
Commercial
Steam
Cookers
Device with one or more food-
steaming compartments where
energy from the steam is transferred
to the food by direct contact
Version 1.2 product specification of
EPA’s “Energy Star Program
Requirements for Commercial
Steam Cookers”
Faucets Lavatory faucets, kitchen faucets,
public lavatory faucets, or
replacement aerators for these
faucets
Tested according to the “Uniform
Test Method for Measuring the
Water Consumption of Faucets and
Showerheads” (10 C.F.R. § 430,
Subpart B, Appendix S)
Public
Lavatory
Faucet and
Replacement
Aerators
Fitting intended to be installed in
nonresidential bathrooms that have
walk-in traffic
Not exceed a maximum flow rate of
0.5 gallons per minute at 60 pounds
per square inch
Lavatory
Faucets and
Replacement
Aerators
Not defined Not exceed a maximum flow rate of
1.5 gallons per minute at 60 pounds
per square inch
Residential
Kitchen
Faucets and
Replacement
Aerators
Not defined Not exceed a maximum flow rate of
1.8 gallons per minute at 60 pounds
per square inch, with optional
temporary flow of 2.2 gallons per
minute, if they default back to the
other flow rate after each use
Gas
Fireplaces
Not defined Automatically extinguish any pilot
flame when the main gas burner
flame is put out, or prevent the main
gas burner flame’s ignition source
from continuously burning for more
than seven days since the burner’s
last use
Heating Gas
Fireplaces
Not defined In addition to the above standard, a
fireplace efficiency of at least 50%
when tested according to the
Canadian Standards Association
P.4.1-15, “Testing Method for
Measuring Annual Fireplace
Efficiency”
High Color
Rendering
Index
Fluorescent
Lamps
Fluorescent lamp with a color
rendering index of at least 87 that is
not a compact fluorescent lamp
Minimum standards under federal
regulations (10 C.F.R. §
430.32(n)(4)) in effect January 1,
2021, as measured according to the
“Uniform Test Method for Measuring
Average Lamp Efficiency, Color
Rendering Index, and Correlated 2024SB-00301-R000345-BA.DOCX
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Product Definition Standard or Testing Requirement
Color Temperature” in 10 C.F.R. §
430, Subpart B, Appendix R, as in
effect January 1, 2022
Residential
Ventilating
Fans
Ceiling, wall-mounted, or remotely
mounted in-line fan designed for use
in a bathroom or utility room to move
air out of the building
In-line residential ventilating fans:
fan motor efficiency of at least 2.8
cubic feet per minute (CFM) per watt
All other fans: fan motor efficiency of
at least 1.4 CFM per watt for airflows
under 90 CFM and at least 2.8 CFM
per watt for all other airflows when
tested according to the Home
Ventilation Institute Publication 916,
“HVI Airflow Test Procedure”
Showerheads Device through which water is
discharged for a shower bath,
including a hand-held showerhead
but not a safety shower showerhead
Not exceed a maximum flow rate of
2.0 gallons per minute at 80 pounds
per square inch when tested
according to the “Uniform Test
Method for Measuring the Water
Consumption of Faucets and
Showerheads” under 10 C.F.R. §
430, Subpart B, Appendix S
Water
Coolers
Freestanding device that consumes
energy to cool or heat potable water
If covered by EPA’s “Energy Star
Program Requirements for Water
Coolers” version 2.0 product
specification: an “on mode” with no
water draw and meet energy
consumption standards that vary by
cooler type, as explained below,
tested according to the Energy Star
test requirements
Storage-type
Hot and Cold
Unit Water
Coolers
Water cooler (1) that dispenses both
hot and cold water and may
dispense room temperature water
and (2) where thermally conditioned
water is stored in a tank in the water
cooler and available
instantaneously, including point-of-
use, dry storage compartment, and
bottled water coolers
0.87 of one kilowatt-hour per day (it
is unclear whether this standard is
0.87 or one kilowatt-hour per day)
On-demand
Hot and Cold
Unit Water
Coolers
Water cooler that (1) dispenses both
hot and cold water and may
dispense room temperature water
and (2) heats water as requested
and typically takes a few minutes to
deliver
0.18 of one kilowatt-hour per day (it
is unclear whether this standard is
0.18 or one kilowatt-hour per day)
Cook and
Cold Unit
Water cooler that dispenses both
cold and room temperature water
0.16 kilowatt-hour per day 2024SB-00301-R000345-BA.DOCX
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Product Definition Standard or Testing Requirement
Water
Coolers
Cold-only
Water
Coolers
Not defined 0.16 kilowatt-hour per day
Computers
and
Computer
Monitors
Same as defined in California Code
of Regulations, Title 30, Division 2,
Chapter 4, Article 4, § 1602
Requirements under California Code
of Regulations, Title 20, Division 2,
Chapter 4, Article 4, § 1605.3(v),
using the test methods that
regulation prescribes
Under the bill, faucet efficiency standards do not apply to a metering
faucet, which is a fitting that, when turned on, will gradually shut itself
off over a period of several seconds.
Products With Changed Standards Under the Bill
The bill changes statutory efficiency standards for several products,
as shown in the table below. The standards apply to new products sold
or leased, offered for sale or lease, or installed in the state.
Table: Products With Changed Standards Under the Bill
Product Standard Under Current Law Standard Under the Bill
Commercial Hot Food
Holding Cabinets
Requirements under January
2006 California Code of
Regulations, Title 20, Division
2, Chapter 4, Article 4,
Appliance Efficiency
Regulations, § 1605.3
EPA’s “Energy Star Program
Requirements for Commercial
Hot Food Holding Cabinets,”
version 2.0
Portable Electric Spas ANSI/APSP/ICC-14-2019,
“American National Standard
for Portable Electric Spa
Energy Efficiency”
Under current law, a portable electric spa is a factory-built electric
spa or hot tub, supplied with equipment to heat and circulate water. The
bill expands this product to include spas with equipment at the time of
sale or sold separately for subsequent attachment. A commercial hot
food holding cabinet is a heated, fully-enclosed compartment with at
least one solid or transparent door designed to maintain the
temperature of hot food that was cooked in a separate appliance.
For these products, the bill eliminates the current standard on 2024SB-00301-R000345-BA.DOCX
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October 1, 2024, and makes the new standard effective January 1, 2026.
Products With Standards the Bill Retains
Under current law, DEEP must adopt regulations to set minimum
efficiency standards that are also described in statute. The bill eliminates
this requirement and instead sets standards in statute for products with
standards unchanged under the bill, including:
1. torchiere lighting fixtures,
2. metal halide lamp fixtures,
3. state regulated incandescent reflector lamps,
4. walk-in refrigerators and freezers,
5. residential pool pumps, and
6. televisions.
Products No Longer Subject to Statutory Efficiency Standards
Under the Bill
Under the bill, the following appliances are no longer subject to
statutory minimum efficiency requirements:
1. commercial clothes washers,
2. commercial refrigerators and freezers,
3. illuminated exit signs,
4. large packaged air-conditioning equipment,
5. low voltage dry-type distribution transformers,
6. traffic signal modules,
7. unit heaters,
8. residential furnaces and boilers, 2024SB-00301-R000345-BA.DOCX
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9. single-voltage external AC to DC power supplies,
10. bottle-type water dispensers,
11. pool heaters,
12. compact audio players, and
13. DVD players and recorders.
Efficiency and GHG Emissions Standards for Additional Products
Under current law, the DEEP commissioner must adopt regulations
to designate additional products to include in its regulation of appliance
efficiency standards if doing so would (1) be cost effective for
consumers, (2) not impose an unreasonable burden on businesses in the
state, and (3) promote energy conservation in the state.
The bill authorizes, rather than requires, the DEEP commissioner to
designate standards for additional products this way, and also allows
her to establish GHG emission standards for additional products. Under
the bill, the DEEP commissioner may set these standards if doing so
would be cost effective for consumers, not impose unreasonable burden
on business in the state, and either (1) promote energy conservation or
(2) make reasonable further progress towards the state’s required GHG
reduction levels. The bill also authorizes these standards to include
requirements on the product’s ability to interface with an electric
utility’s demand response program.
Standards in Federal Regulations for Additional Products
The bill allows the DEEP commissioner to adopt regulations to
designate additional products to include in its regulation of appliance
efficiency standards if the products were in energy standards issued or
approved for publication by the U.S. Department of Energy by January
1, 2018, but then withdrawn, repealed, or voided. For these products,
the bill requires the previously applicable federal energy conservation
standard as it existed on January 1, 2018. Under the bill, this provision
does not apply to standards a court sets aside upon the petition of
someone adversely affected. 2024SB-00301-R000345-BA.DOCX
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Eliminated Provision on the Multi-State Appliance Standards
Commission
The bill eliminates the requirement for the DEEP commissioner to (1)
consult with the Multi-State Appliance Standards Collaborative to
identify additional efficiency standards; (2) review all California
standards and those from other states in the collaborative if she so
chooses; and (3) adopt these standards if she makes the findings
described above on cost efficacy, business burden, and energy
conservation.
Biennial Review and Standards Increase
Current law requires DEEP to biennially review and increase,
through regulations, the efficiency standards if DEEP determines that
they would (1) promote energy conservation in the state and (2) be cost-
effective for consumers. The bill keeps this requirement and makes the
next review due October 1, 2026.
Compliance and Enforcement
Under current law, product manufacturers must certify compliance
with efficiency standards to DEEP if (1) no efficiency standards exist for
their products in California and (2) DEEP adopts efficiency standards
for their product. The bill instead requires the manufacturers to submit
documentation on a DEEP-prescribed form, about their products’
certification by:
1. the California Energy Commission;
2. the EPA’s Water Sense Program, or successor water efficiency
program;
3. the federal Energy Star Program, or successor energy efficiency
program; or
4. a third-party certification body designated by the DEEP
commissioner.
Under the bill, as under current law, DEEP must annually publish a
list of certified products. 2024SB-00301-R000345-BA.DOCX
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The bill allows the DEEP commissioner to (1) periodically inspect
new product distributors and retailers, or have them inspected, either in
person or online, and (2) establish a process to anonymously report
potential violations through DEEP’s website.
Under existing law and the bill, the attorney general may enforce
state appliance standards. Violators are subject to a civil penalty of up
to $250 and each violation is a separate offense, as is each day the
violation continues.
HOUSING REVOLVING LO AN FUND
Current law requires DEEP, in collaboration with the Department of
Housing, to start one or more pilot programs that gives financing for
qualifying retrofit projects in multi-family homes located in
environmental justice communities or alliance districts (e.g., energy
efficiency projects or projects to address health concerns). This financing
is currently funded through the Housing Environmental Improvement
Revolving Loan Fund, with $125 million in GO bonds authorized to
capitalize the fund.
The bill allows DEEP to provide grants under the program, but caps
the amount of bond funds that may be used for the grants at $20 million.
The bill correspondingly renames the fund as the “Housing
Environmental Improvement Revolving Loan and Grant Fund.” It also
delays the following deadlines by one year:
1. when DEEP must start accepting applications (from July 1, 2024,
to July 1, 2025);
2. when DEEP must report to the Housing Committee (from
October 1, 2027, to October 1, 2028);
3. the pilot program’s termination date (from September 30, 2028,
to September 30, 2029); and
4. for when $75 million of the $125 million bond authorization is
effective (FY 24 to FY 25). 2024SB-00301-R000345-BA.DOCX
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COMMITTEE ACTION
Energy and Technology Committee
Joint Favorable Substitute
Yea 14 Nay 5 (03/21/2024)