Texas 2009 - 81st Regular

Texas House Bill HB2210 Compare Versions

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1	1	81R26419 KJM-D
2	2	By: Anchia H.B. No. 2210
3	3	Substitute the following for H.B. No. 2210:
4	4	By: Hardcastle C.S.H.B. No. 2210
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to efficiency standards for certain appliances; providing
10	10	a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle C, Title 5, Health and Safety Code, is
13	13	amended by adding Chapter 392 to read as follows:
14	14	CHAPTER 392. APPLIANCE EFFICIENCY STANDARDS
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 392.001. DEFINITIONS. In this chapter:
17	17	(1) "Bottle-type water dispenser" means a water
18	18	dispenser that uses a bottle or reservoir as the source of potable
19	19	water.
20	20	(2) "Commercial hot food holding cabinet" means a
21	21	heated, fully enclosed compartment with one or more solid or glass
22	22	doors that is designed to maintain the temperature of hot food that
23	23	has been cooked in a separate appliance.
24	24	(3) "Energy Star Program" means the United States
25	25	Environmental Protection Agency's Energy Star Program.
26	26	(4) "Portable electric spa" means a factory-built
27	27	electric spa or hot tub, supplied with equipment for heating and
28	28	circulating water.
29	29	(5) "Residential pool pump" means a pump used to
30	30	circulate and filter residential swimming pool water to maintain
31	31	the water's clarity and sanitation.
32	32	(6) "Total horsepower" means the product of a motor's
33	33	service factor and nameplate horsepower.
34	34	(7) "Water dispenser" means a factory-made assembly
35	35	that mechanically cools and heats potable water and that dispenses
36	36	the cooled or heated water by integral or remote means.
37	37	Sec. 392.002. APPLICABILITY; EXEMPTIONS. (a) This chapter
38	38	applies to the following new products sold, offered for sale, or
39	39	installed in this state:
40	40	(1) bottle-type water dispensers;
41	41	(2) commercial hot food holding cabinets;
42	42	(3) portable electric spas; and
43	43	(4) residential pool pumps.
44	44	(b) This chapter does not apply to:
45	45	(1) a new product manufactured in this state and sold
46	46	outside the state;
47	47	(2) a new product manufactured outside this state and
48	48	sold at wholesale inside the state for final retail sale and
49	49	installation outside the state;
50	50	(3) a product installed in a mobile manufactured home
51	51	at the time of the home's construction;
52	52	(4) a product designed expressly for installation and
53	53	use in a recreational vehicle;
54	54	(5) a commercial heated glass merchandizing cabinet,
55	55	drawer warmer, or cook-and-hold appliance for hot food; or
56	56	(6) water pumps that are labeled as not intended for
57	57	use as a swimming pool filtration system and are used in:
58	58	(A) a water feature;
59	59	(B) a fountain;
60	60	(C) a spa jet; or
61	61	(D) a process other than filtration.
62	62	[Sections 392.003-392.050 reserved for expansion]
63	63	SUBCHAPTER B. EFFICIENCY STANDARDS
64	64	Sec. 392.051. MINIMUM EFFICIENCY STANDARDS FOR CERTAIN
65	65	APPLIANCES. (a) Not later than September 1, 2010, the comptroller,
66	66	in consultation with the State Energy Conservation Office, shall
67	67	adopt rules establishing minimum efficiency standards for each type
68	68	of new product described by Section 392.002(a).
69	69	(b) If the federal law establishes an Energy Star Program
70	70	efficiency standard for an appliance covered by this chapter, the
71	71	standard set under this chapter is preempted by the federal law
72	72	unless an application for waiver under Section 392.102 is granted.
73	73	Sec. 392.052. NEW OR INCREASED EFFICIENCY STANDARDS. (a)
74	74	The comptroller may adopt rules to establish increased efficiency
75	75	standards for a product listed in Section 392.002(a).
76	76	(b) In considering increased standards, the comptroller, in
77	77	consultation with the State Energy Conservation Office, shall
78	78	prescribe increased efficiency standards if the comptroller
79	79	determines that the standards would:
80	80	(1) serve to promote energy conservation in this
81	81	state; and
82	82	(2) be cost-effective for consumers who purchase and
83	83	use the new product.
84	84	Sec. 392.053. EFFECTIVE DATE OF STANDARDS. A standard
85	85	established under this subchapter takes effect on the first
86	86	anniversary of the date the rule establishing the standard is
87	87	adopted.
88	88	Sec. 392.054. BOTTLE-TYPE WATER DISPENSERS. A bottle-type
89	89	water dispenser designed for dispensing both hot and cold water may
90	90	not have standby energy consumption greater than 1.2 kilowatt-hours
91	91	per day, as measured in accordance with the test criteria contained
92	92	in version 1 of the "Energy Star Program Requirements for Bottled
93	93	Water Coolers," except that Section D, "Timer Usage," of those test
94	94	criteria may not be used to test units with an integral, automatic
95	95	timer.
96	96	Sec. 392.055. COMMERCIAL HOT FOOD HOLDING CABINETS. (a) A
97	97	commercial hot food holding cabinet must have a maximum idle energy
98	98	rate of not greater than 40 watts per cubic foot of interior volume,
99	99	as determined by the "idle energy rate-dry test" in ASTM F2140-01,
100	100	"Standard Test Method for Performance of Hot Food Holding
101	101	Cabinets," copyright 2007 ASTM International.
102	102	(b) Interior volume must be measured in accordance with the
103	103	method shown in the "Energy Star Program Requirements for
104	104	Commercial Hot Food Holding Cabinets" as in effect on August 15,
105	105	2003.
106	106	Sec. 392.056. PORTABLE ELECTRIC SPAS. A portable electric
107	107	spa may not have a standby power greater than 5(V2/3) watts where V
108	108	equals the fill volume in gallons. Standby power must be measured
109	109	in accordance with the test method for portable electric spas
110	110	contained in Section 1604, Title 20, California Code of
111	111	Regulations, as of December 2008.
112	112	Sec. 392.057. RESIDENTIAL POOL PUMP MOTORS. (a) A
113	113	residential pool pump motor may not be a split-phase or capacitor
114	114	start-induction run type motor except that the following are not
115	115	prohibited by this subsection:
116	116	(1) a two-speed motor with a low-speed section that is
117	117	a capacitor start-induction run type; and
118	118	(2) a 48-frame motor designed for use with
119	119	above-ground pools, portable spas, or whirlpool bathtubs.
120	120	(b) A residential pool pump motor with a total horsepower
121	121	capacity of one or more must:
122	122	(1) have the capability of operating at more than one
123	123	speed with a low speed having a rotation rate that is not more than
124	124	one-half of the motor's maximum rotation rate; and
125	125	(2) be operated with a pump control with the
126	126	capability to operate the pump at two or more speeds.
127	127	(c) A pool pump motor control that is sold for use with a
128	128	pool pump capable of operating at more than one speed must have the
129	129	capability of operating the pool pump at more than one speed. The
130	130	pump's default circulation speed may not exceed one-half of the
131	131	motor's maximum rotation rate.
132	132	[Sections 392.058-392.100 reserved for expansion]
133	133	SUBCHAPTER C. IMPLEMENTATION AND MODIFICATION OF EFFICIENCY
134	134	STANDARDS
135	135	Sec. 392.101. PRODUCT COMPLIANCE. (a) A new product
136	136	described by Section 392.002(a) may not be sold or offered for sale
137	137	in this state unless the efficiency of the new product meets or
138	138	exceeds the applicable efficiency standards prescribed by the rules
139	139	adopted under Subchapter B.
140	140	(b) On or after the first anniversary of the date the sale or
141	141	offering for sale of a new product becomes subject to an efficiency
142	142	standard adopted under this chapter, that product may not be
143	143	installed for compensation in this state unless the efficiency of
144	144	the product meets or exceeds the applicable efficiency standards
145	145	prescribed by the rules adopted under Subchapter B.
146	146	Sec. 392.102. APPLICATION FOR WAIVER. For purposes of this
147	147	chapter, the comptroller may apply for a waiver of federal
148	148	preemption in accordance with federal procedures under 42 U.S.C.
149	149	Section 6297(d) to authorize state efficiency standards for a
150	150	product regulated by the federal government.
151	151	[Sections 392.103-392.150 reserved for expansion]
152	152	SUBCHAPTER D. TESTING, CERTIFICATION, LABELING, AND ENFORCEMENT
153	153	Sec. 392.151. PRODUCT TESTING. (a) The manufacturer of a
154	154	new product subject to an efficiency standard adopted under this
155	155	chapter shall test samples of the product in accordance with the
156	156	test procedures adopted under this chapter.
157	157	(b) The comptroller, in consultation with the State Energy
158	158	Conservation Office, by rule shall adopt test procedures for
159	159	determining a product's energy efficiency if Subchapter B does not
160	160	provide for the procedures. The comptroller shall adopt test
161	161	methods approved by the United States Department of Energy or, in
162	162	the absence of those test methods, other appropriate nationally
163	163	recognized test methods.
164	164	(c) The comptroller may adopt revised test procedures when
165	165	new versions of test procedures become available.
166	166	Sec. 392.152. PRODUCT CERTIFICATION. (a) The manufacturer
167	167	of a new product subject to an efficiency standard adopted under
168	168	this chapter shall certify to the comptroller that the product is in
169	169	compliance with that standard according to test results.
170	170	(b) The comptroller shall adopt rules governing the
171	171	certification of products under this section and shall coordinate
172	172	certification by this state with the certification programs of
173	173	other states and federal agencies with similar standards.
174	174	Sec. 392.153. PRODUCT LABELING. (a) The manufacturer of a
175	175	new product subject to an efficiency standard adopted under this
176	176	chapter shall identify each product offered for sale or
177	177	installation in this state as being in compliance with this chapter
178	178	by means of a mark, label, or tag on the product and packaging at the
179	179	time of sale or installation.
180	180	(b) The comptroller shall adopt rules governing the
181	181	identification of products and packaging under this section. The
182	182	rules must to the greatest practical extent be coordinated with the
183	183	labeling programs of other states and federal agencies with
184	184	equivalent efficiency standards. The comptroller shall allow the
185	185	use of existing marks, labels, or tags that connote compliance with
186	186	the efficiency requirements of this chapter.
187	187	Sec. 392.154. COMPTROLLER TESTING FOR EFFICIENCY STANDARDS
188	188	COMPLIANCE. The comptroller may test products subject to an
189	189	efficiency standard adopted under this chapter for compliance with
190	190	the applicable efficiency standards. If a product tested is found
191	191	not to be in compliance with the standards, the comptroller shall:
192	192	(1) impose against the manufacturer of the product an
193	193	assessment in an amount sufficient to recover the costs of
194	194	purchasing and testing the product; and
195	195	(2) make information available to the public on any
196	196	product found to be not in compliance with the standards.
197	197	Sec. 392.155. INSPECTIONS. The comptroller may have
198	198	periodic inspections conducted of a distributor or retailer of new
199	199	products covered by Section 392.002 subject to an efficiency
200	200	standard adopted under this chapter to determine compliance with
201	201	this chapter. The inspections must be conducted at reasonable and
202	202	convenient hours. Notice must be given before an inspection may be
203	203	conducted.
204	204	Sec. 392.156. COMPLAINTS. The comptroller shall
205	205	investigate a complaint received concerning a violation of this
206	206	chapter and shall report the results of the investigation to the
207	207	attorney general.
208	208	Sec. 392.157. ATTORNEY GENERAL ENFORCEMENT. The attorney
209	209	general may institute proceedings to enforce this chapter.
210	210	Sec. 392.158. VIOLATIONS AND PENALTIES. (a) The
211	211	comptroller shall issue a warning to a person for the person's first
212	212	violation of this chapter.
213	213	(b) A person's second and subsequent violations are subject
214	214	to a civil penalty of not more than $250.
215	215	(c) Each violation constitutes a separate violation, and
216	216	each day that a violation continues constitutes a separate
217	217	violation.
218	218	(d) A penalty assessed under this section is in addition to
219	219	costs assessed under Section 392.154.
220	220	Sec. 392.159. RULES FOR IMPLEMENTATION AND ENFORCEMENT.
221	221	The comptroller may adopt additional rules necessary to ensure the
222	222	proper implementation and enforcement of this chapter.
223	223	SECTION 2. Section 389.002, Health and Safety Code, is
224	224	amended to read as follows:
225	225	Sec. 389.002. USE OF CERTAIN INFORMATION FOR FEDERAL
226	226	RECOGNITION OF EMISSIONS REDUCTIONS. (a) The commission, using
227	227	information derived from the reports to the commission under
228	228	Sections 386.205, 388.003(e), and 388.006, shall take all
229	229	appropriate and necessary actions so that emissions reductions
230	230	achieved by means of activities under Chapters 386 and 388 are
231	231	credited by the United States Environmental Protection Agency to
232	232	the appropriate emissions reduction objectives in the state
233	233	implementation plan.
234	234	(b) The commission shall work with the Energy Systems
235	235	Laboratory at the Texas Engineering Experiment Station of The Texas
236	236	A&M University System to ensure that the emissions reductions
237	237	achieved by the efficiency standards established under Chapter 392
238	238	are credited by the United States Environmental Protection Agency
239	239	to the appropriate emissions reduction objectives in the state
240	240	implementation plan.
241	241	SECTION 3. (a) The efficiency standards prescribed by
242	242	rules adopted under Subchapter B, Chapter 392, Health and Safety
243	243	Code, as added by this Act, apply only to the sale or offer of sale
244	244	of a new product to which that chapter applies that occurs on or
245	245	after January 1, 2011.
246	246	(b) Notwithstanding Subsection (a) of this section, a new
247	247	residential pool pump that does not meet the efficiency standards
248	248	contained in Section 392.057, Health and Safety Code, as added by
249	249	this Act, may be sold in this state through December 31, 2011.
250	250	SECTION 4. This Act takes effect September 1, 2009.