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.