01/23/08 0006s

30Apr2008… 1337h

2008 SESSION

07-1327

03/09

SENATE BILL 259

COMMITTEE: Energy, Environment and Economic Development

ANALYSIS

This bill establishes energy efficiency standards that certain appliances and equipment must meet to be sold or installed in this state.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/23/08 0006s

30Apr2008… 1337h

07-1327

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

Be it Enacted by the Senate and House of Representatives in General Court convened:

310:1 New Chapter; Minimum Energy Efficiency Standards for Certain Products. Amend RSA by inserting after chapter 339-F the following new chapter:

CHAPTER 339-G

MINIMUM ENERGY EFFICIENCY STANDARDS FOR CERTAIN PRODUCTS

339-G:1 Definitions. In this chapter:

I. “Bottle-type water dispenser” means a water dispenser that uses a bottle or reservoir as the source of potable water.

II. “Commission” means the public utilities commission.

III. “Commercial hot food holding cabinet” means a heated, fully-enclosed compartment with one or more solid or glass doors that are designed to maintain the temperature of hot food that has been cooked in a separate appliance. “Commercial hot food holding cabinet” does not include heated glass merchandizing cabinets, drawer warmers, or cook-and-hold appliances.

IV. “Electricity ratio” means the ratio of furnace electricity use to total furnace energy use. Electricity ratio = (3.412*E_AE)/(1000*E_F + 3.412*E_AE) where E_AE (average annual auxiliary electrical consumption) and E_F (average annual fuel energy consumption) are defined in Appendix N to subpart B of part 430 of title 10 of the Code of Federal Regulations and E_F is expressed in millions of BTUs per year.

V. “Residential furnace” means a self-contained space heater designed to supply heated air through ducts of more than 10 inches length and which utilizes only single-phase electric current, or single-phase electric current or DC current in conjunction with natural gas, propane, or home heating oil, and which:

(a) Is designed to be the principle heating source for the living space of one or more residences;

(b) Is not contained within the same cabinet with a central air conditioner whose rated cooling capacity is above 65,000 BTU per hour; and

(c) Has a heat input rate of less than 225,000 BTU per hour.

VI. “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.

339-G:2 Applicability.

I. The provisions of this chapter apply to the testing, certification, and enforcement of efficiency standards for the following types of new products sold, offered for sale, or installed in the state:

(a) Bottle-type water dispensers;

(b) Commercial hot food holding cabinets; and

(c) Residential furnaces.

II. The provisions of this chapter do not apply to:

(a) New products manufactured in the state and sold outside the state;

(b) New products manufactured outside the state and sold at wholesale inside the state for final retail sale and installation outside the state;

(c) Products installed in mobile manufactured homes at the time of construction;

(d) Products designed expressly for installation and use in recreational vehicles; or

(e) Residential furnaces that use natural gas or propane and that are installed as replacements for previously installed furnaces.

339-G:3 Minimum Energy Efficiency Standards.

I. Bottle-type water dispensers designed for dispensing both hot and cold water shall not have standby energy consumption greater than 1.2 kilowatt hours per day, as measured in accordance with the test criteria contained in Version 1.1 of the United States Environmental Protection Agency’s “ENERGY STAR Program Requirements for Bottled Water Coolers,” except that units with an integral, automatic timer shall not be tested using Section D, “Timer Usage,” of the test criteria.

II. Commercial hot food holding cabinets shall have a maximum idle energy rate of 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” published by ASTM International. Interior volume shall be measured in accordance with the method shown in the United States Environmental Protection Agency’s “ENERGY STAR Program Requirements for Commercial Hot Food Holding Cabinets” as in effect on August 15, 2003.

III.(a) Residential furnaces shall comply with the following Annual Fuel Utilization Efficiency (AFUE), and electricity ratio:

Product Type Minimum Maximum electricity

AFUE Ratio

Natural gas- and propane- 90 percent 2.0 percent

fired furnaces

(b) The commission may adopt rules to exempt compliance with the residential furnace AFUE standards at any building, site or location where complying with the standards would be in conflict with any local zoning ordinance, building or plumbing code, or other rule regarding installation and venting of residential furnaces.

339-G:4 Sale and Installation of Products.

I. After December 31, 2008, no new bottle-type water dispenser or commercial hot food holding cabinet shall be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards in RSA 339-G:3. After December 31, 2009 no new bottle-type water dispenser or commercial hot food holding cabinet shall be installed in the state unless the energy efficiency of the new product meets or exceeds the efficiency standards in RSA 339-G:3.

II. Within 6 months after the effective date of this section, the commission, in consultation with the attorney general, shall determine if implementation of state standards for residential furnaces requires a waiver from federal preemption. The commission shall make separate determinations for each part of the state standards including minimum Annual Fuel Utilization Efficiency (AFUE), maximum electricity ratio, and any prescriptive requirements. If the commission determines that a waiver from federal preemption is not needed for any part, then after December 31, 2008, or the date which is one year after the date of said determination, if later, no new residential furnace may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the applicable non-preempted part of the efficiency standards in RSA 339-G:3. If the commission determines that a waiver from federal preemption is required for all or part of the state standards, then the commission shall apply for such waiver within one year of such determination and upon approval of such waiver application, the applicable state standards shall go into effect at the earliest date permitted by federal law. The commission shall certify any determinations and approvals under this paragraph to the secretary of state and the director of the office of legislative services.

339-G:5 Modified and Additional Standards. The commission may establish more stringent efficiency standards for the products listed in RSA 339-G:2, I. Every 2 years, the commission shall propose to the general court new efficiency standards for products not listed in RSA 339-G:2, I. Standards proposed by the commission shall promote energy conservation in the state and be lifecycle cost-effective for consumers who purchase and use the products. The commission may apply for a waiver from preemption in accordance with federal procedures for those products regulated by the federal government. The commission may adopt rules, pursuant to RSA 541-A, necessary to implement the provisions of this section.

339-G:6 Testing. The manufacturers of products listed in RSA 339-G:2, I shall test samples of their products in accordance with the test procedures established in this chapter or those specified in the state building code as defined in RSA 155-A. The commission shall adopt by rule test procedures for determining the energy efficiency of the products listed in RSA 339-G:2, I if such procedures are not provided for in RSA 339-G:3 or in the state building code. The commission shall adopt United States Department of Energy approved test methods, or in the absence of such test methods, other appropriate nationally-recognized test methods. The commission may adopt updated test methods when new versions of test procedures become available.

339-G:7 Certification and Identification.

I. Manufacturers of new products listed in RSA 339-G:2, I shall certify to the commission that such products are in compliance with the provisions of this chapter. Such certifications shall be based on test results. The commission shall adopt rules, pursuant to RSA 541-A, governing the certification of such products and may coordinate with the certification programs of other states with similar standards.

II. Manufacturers of new products listed in RSA 339-G:2, I shall identify each product offered for sale or installation in the state as in compliance with the provisions of this chapter by means of a mark, label, or tag on the product and packaging at the time of sale or installation. The commission shall adopt rules, pursuant to RSA 541-A, governing the identification of such products and packaging, which shall be coordinated to the greatest practical extent with the labeling programs of other states and federal agencies with equivalent efficiency standards. The commission shall allow the use of existing marks, labels, or tags which connote compliance with the efficiency requirements of this chapter.

339-G:8 Inspections. With prior notice and at reasonable and convenient hours, the commission may cause periodic inspections to be made of distributors or retailers of new products listed in RSA 339-G:2, I in order to determine compliance with the provisions of this chapter. The commission shall also coordinate with local enforcement agencies regarding inspections prior to occupancy of newly constructed buildings containing new products that are also covered by the state building code.

339-G:9 Enforcement; Penalties. The commission shall cause investigations to be made of complaints received concerning violations of this chapter and shall report the results of such investigations to the attorney general. The attorney general may institute proceedings to enforce the provisions of this chapter. Any manufacturer, distributor, or retailer who violates any provision of this chapter shall be issued a warning by the commission for any first violation. Repeat violations shall be subject to a civil penalty of not more than $250. Each violation of this chapter shall constitute a separate offense, and each day that such violation continues shall constitute a separate offense.

310:2 Effective Date. This act shall take effect January 1, 2009.

Approved: July 2, 2008

Effective Date: January 1, 2009