Chapter 437 Oregon Laws 2005
AN ACT
HB 3363
Relating to energy efficiency.
Whereas energy efficiency standards for certain products sold or installed in this state assure consumers and businesses that such products meet minimum efficiency performance levels, saving them money on utility bills; and
Whereas efficiency standards save energy and reduce pollution, including global warming emissions and other environmental impacts associated with the production, distribution and use of electricity and natural gas; and
Whereas efficiency standards contribute to the economy of this state by helping to better balance energy supply and demand, thus reducing pressure for higher natural gas and electricity prices; and
Whereas saving consumers and businesses money on energy bills helps state and local economies, because energy bill savings can be spent on local goods and services; and
Whereas efficiency standards can make the electric power grid more reliable by reducing the strain on the grid during peak demand periods; and
Whereas improved energy efficiency can reduce or delay the need for new power plants, power transmission lines and power distribution system upgrades; now, therefore,
Be It Enacted by the People of the State of
Oregon:
SECTION
1. As used in sections 1 to 9 of
this 2005 Act, unless the context clearly requires otherwise:
(1)
“Automatic commercial ice cube machine” means a factory-made assembly, not
necessarily shipped in one package, consisting of a condensing unit and
ice-making section operating as an integrated unit with means for making and
harvesting ice cubes, and any integrated components for storing or dispensing
ice.
(2)
“Ballast” means a device used with an electric discharge lamp to obtain
necessary circuit conditions for starting and operating the lamp.
(3)
“Commercial clothes washer” means a soft mount horizontal-axis or vertical-axis
clothes washer that:
(a)
Has a clothes compartment no greater than 3.5 cubic feet in the case of a
horizontal-axis product or no greater than 4 cubic feet in the case of a
vertical-axis product; and
(b)
Is designed for use by more than one household.
(4)
“Commercial prerinse spray valve” means a handheld device designed and marketed
for use with commercial dishwashing equipment and that sprays water on dishes,
flatware and other food service items for the purpose of removing food residue
prior to their cleaning.
(5)
“Commercial refrigerators or freezers” means refrigerators, freezers or
refrigerator-freezers, smaller than 85 cubic feet of internal volume and
designed for use by commercial or institutional facilities for the purpose of
storing or merchandising food products, beverages or ice at specified
temperatures, other than products without doors, walk-in refrigerators or
freezers, consumer products that are federally regulated pursuant to 42 U.S.C.
6291 et seq. or freezers specifically designed for ice cream. “Commercial
refrigerators or freezers”:
(a)
Must incorporate most components involved in the vapor-compression cycle and
the refrigerated compartment in a single cabinet; and
(b)
May be configured with either solid or transparent doors as a reach-in cabinet,
pass-through cabinet, roll-in cabinet or roll-through cabinet.
(6)
“High-intensity discharge lamp” means a lamp in which light is produced by the
passage of an electric current through a vapor or gas, and in which the
light-producing arc is stabilized by bulb wall temperature and the arc tube has
a bulb wall loading in excess of three watts per square centimeter.
(7)
“Illuminated exit sign” means an internally illuminated sign that is designed
to be permanently fixed in place to identify a building exit, that consists of
an electrically powered integral light source that illuminates the legend
“EXIT” and any directional indicators and that provides contrast between the
legend, any directional indicators and the background.
(8)
“Metal halide lamp” means a high-intensity discharge lamp in which the major
portion of the light is produced by radiation of metal halides and their
products of dissociation, possibly in combination with metallic vapors.
(9)
“Metal halide lamp fixture” means a light fixture designed to be operated with
a metal halide lamp and a ballast for a metal halide lamp.
(10)
“Pass-through cabinet” means a commercial refrigerator or freezer with hinged
or sliding doors on both the front and rear of the unit.
(11)
“Probe-start metal halide lamp ballast” means a ballast used to operate metal
halide lamps that does not contain an igniter and that instead starts metal
halide lamps by using a third starting electrode probe in the arc tube.
(12)
“Reach-in cabinet” means a commercial refrigerator or freezer with hinged or
sliding doors or lids, other than roll-in or roll-through cabinets or
pass-through cabinets.
(13)
“Roll-in cabinet” means a commercial refrigerator or freezer with hinged or
sliding doors that allow wheeled racks to be rolled into the unit.
(14)
“Roll-through cabinet” means a commercial refrigerator or freezer with hinged
or sliding doors on two sides of the cabinet that allow wheeled racks to be
rolled through the unit.
(15)
“Single-voltage external AC to DC power supply” means a device, other than a
product with batteries or battery packs that physically attach directly to the
power supply unit, a product with a battery chemistry or type selector switch
and indicator light or a product with a battery chemistry or type selector
switch and a state of charge meter, that:
(a)
Is designed to convert line voltage alternating current input into lower
voltage direct current output;
(b)
Is able to convert to only one direct current output voltage at a time;
(c)
Is sold with, or intended to be used with, a separate end-use product that
constitutes the primary power load;
(d)
Is contained within a separate physical enclosure from the end-use product;
(e)
Is connected to the end-use product via a removable or hard-wired male or
female electrical connection, cable, cord or other wiring; and
(f)
Has a nameplate output power less than or equal to 250 watts.
(16)
“State-regulated incandescent reflector lamp” means a lamp that is not colored
or designed for rough or vibrating service applications, that has an inner
reflective coating on the outer bulb to direct the light, that has an E26
medium screw base, that has a rated voltage or voltage range that lies at least
partially within 115 to 130 volts and that falls into one of the following
categories:
(a)
A bulged reflector or elliptical reflector bulb shape that has a diameter that
equals or exceeds 2.25 inches; or
(b)
A reflector, parabolic aluminized reflector or similar bulb shape that has a
diameter of 2.25 to 2.75 inches.
(17)
“Torchiere” means a portable electric lighting fixture with a reflective bowl
that directs light upward so as to produce indirect illumination.
(18)
“Traffic signal module” means a standard traffic signal indicator, consisting
of a light source, a lens and all other parts necessary for operation, that is:
(a)
Eight inches, or approximately 200 millimeters, in diameter; or
(b)
Twelve inches, or approximately 300 millimeters, in diameter.
(19) “Unit heater” means a self-contained, vented fan-type commercial space heater, other than a consumer product covered by federal standards established pursuant to 42 U.S.C. 6291 et seq. or that is a direct vent, forced flue heater with a sealed combustion burner, that uses natural gas or propane and that is designed to be installed without ducts within a heated space.
SECTION
2. (1) Except as provided in
subsection (2) of this section, a person may not sell or offer for sale a new
commercial prerinse spray valve, commercial refrigerator or freezer,
illuminated exit sign, single-voltage external AC to DC power supply,
state-regulated incandescent reflector lamp, torchiere, traffic signal module
or unit heater unless the energy efficiency of the new product meets or exceeds
the minimum energy efficiency standards specified in section 5 of this 2005
Act.
(2)
A person may sell or offer for sale a new product not meeting efficiency
standards specified in subsection (1) of this section if the product is:
(a)
Manufactured in this state and sold outside this state;
(b)
Manufactured outside this state and sold at wholesale inside this state for
final retail sale and installation outside this state;
(c)
Installed in a mobile or manufactured home at the time of construction; or
(d) Designed expressly for installation and use in recreational vehicles.
SECTION 3. Section 2 of this 2005 Act is amended to read:
Sec. 2. (1) Except as provided in subsection (2) of this section, a person may not sell or offer for sale a new commercial prerinse spray valve, commercial refrigerator or freezer, illuminated exit sign, single-voltage external AC to DC power supply, state-regulated incandescent reflector lamp, torchiere, traffic signal module, automatic commercial ice cube machine, metal halide lamp fixture or unit heater unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards specified in section 5 of this 2005 Act.
(2) A person may sell or offer for sale a new product not meeting efficiency standards specified in subsection (1) of this section if the product is:
(a) Manufactured in this state and sold outside this state;
(b) Manufactured outside this state and sold at wholesale inside this state for final retail sale and installation outside this state;
(c) Installed in a mobile or manufactured home at the time of construction; or
(d) Designed expressly for installation and use in recreational vehicles.
SECTION 4. Section 2 of this 2005 Act, as amended by section 3 of this 2005 Act, is amended to read:
Sec. 2. (1) Except as provided in subsection (2) of this section, a person may not sell or offer for sale a new commercial clothes washer, commercial prerinse spray valve, commercial refrigerator or freezer, illuminated exit sign, single-voltage external AC to DC power supply, state-regulated incandescent reflector lamp, torchiere, traffic signal module, automatic commercial ice cube machine, metal halide lamp fixture or unit heater unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards specified in section 5 of this 2005 Act.
(2) A person may sell or offer for sale a new product not meeting efficiency standards specified in subsection (1) of this section if the product is:
(a) Manufactured in this state and sold outside this state;
(b) Manufactured outside this state and sold at wholesale inside this state for final retail sale and installation outside this state;
(c) Installed in a mobile or manufactured home at the time of construction; or
(d) Designed expressly for installation and use in recreational vehicles.
SECTION
5. The following minimum energy
efficiency standards for new products are established:
(1)(a) Automatic commercial ice cube machines must have daily energy use and daily water use no greater than the applicable values in the following table:
____________________________________________________________________________
Equipment type Type of Harvest rate Maximum Maximum
cooling (lbs. ice/24 hrs.) energy use condenser
(kWh/100
lbs.) water use
(gallons/100 lbs. ice)
Ice-making head water <500 7.80 - .0055H 200 - .022H
>=500<1436 5.58 - .0011H 200 - .022H
>=1436 4.0 200 - .022H
Ice-making head air <450 10.26 - .0086H Not applicable
>=450 6.89 - .0011H Not applicable
Remote condensing
but not remote
compressor air <1000 8.85 - .0038 Not
applicable
>=1000 5.10 Not applicable
Remote condensing
and remote
compressor air <934 8.85 - .0038H Not
applicable
>=934 5.30 Not applicable
Self-contained
models water <200 11.40
- .0190H 191 - .0315H
>=200 7.60 191 - .0315H
Self-contained
models air <175 18.0 - .0469H Not
applicable
>=175 9.80 Not applicable
Where H = harvest rate in pounds per 24 hours, which must be reported within 5 percent of the tested value. Maximum water use applies only to water used for the condenser.
____________________________________________________________________________
(b)
For purposes of this subsection, automatic commercial ice cube machines shall
be tested in accordance with the ARI 810-2003 test method as published by the
Air-Conditioning and Refrigeration Institute. Ice-making heads include all
automatic commercial ice cube machines that are not split system ice makers or
self-contained models as defined in ARI 810-2003.
(2)
Commercial clothes washers must have a minimum modified energy factor of 1.26
and a maximum water consumption factor of 9.5. For purposes of this subsection,
capacity, modified energy factor and water consumption factor are defined and
shall be measured in accordance with the federal test method for commercial
clothes washers under 10 C.F.R. 430.23.
(3)
Commercial prerinse spray valves must have a flow rate equal to or less than
1.6 gallons per minute when measured in accordance with the ASTM
International’s “Standard Test Method for Prerinse Spray Valves,” ASTM
F2324-03.
(4)(a) Commercial refrigerators or freezers must meet the applicable requirements listed in the following table:
____________________________________________________________________________
Equipment Type Doors Maximum Daily
Energy Consumption (kWh)
Reach-in cabinets, pass-through
cabinets and roll-in or roll-through Solid 0.10V + 2.04
cabinets that are refrigerators Transparent 0.12V + 3.34
Reach-in cabinets, pass-through
cabinets and roll-in or roll-through
cabinets that are “pulldown”
refrigerators Transparent .126V + 3.51
Reach-in cabinets, pass-through
cabinets and roll-in or roll-through Solid 0.40V + 1.38
cabinets that are freezers Transparent 0.75V + 4.10
Reach-in cabinets that are
refrigerator-freezers with and
AV of 5.19 or higher Solid 0.27AV - 0.71
kWh = kilowatt hours
V = total volume (ft3)
AV = adjusted volume = [1.63 x freezer volume (ft3)] + refrigerator volume (ft3)
____________________________________________________________________________
(b)
For purposes of this subsection:
(A)
“Pulldown” designates products designed to take a fully stocked refrigerator
with beverages at 90 degrees Fahrenheit and cool those beverages to a stable
temperature of 38 degrees Fahrenheit within 12 hours or less.
(B)
Daily energy consumption shall be measured in accordance with the American
National Standards Institute/American Society of Heating, Refrigerating and
Air-Conditioning Engineers test method 117-2002, except that:
(i)
The back-loading doors of pass-through and roll-through refrigerators and
freezers must remain closed throughout the test; and
(ii) The controls of all commercial refrigerators or freezers shall be adjusted to obtain the following product temperatures, in accordance with the California Code of Regulations, Title 20, Division 2, Chapter 4, Article 4, section 1604, table A-2, effective November 27, 2002:
____________________________________________________________________________
Product or compartment type Integrated average product temperature
in
degrees Fahrenheit
Refrigerator 38 +/-
2
Freezer 0 +/- 2
____________________________________________________________________________
(5)
Illuminated exit signs must have an input power demand of five watts or less
per illuminated face. For purposes of this subsection, input power demand shall
be measured in accordance with the conditions for testing established by the
United States Environmental Protection Agency’s Energy Star exit sign program
version 3.0. Illuminated exit signs must also meet all applicable building and
safety codes.
(6)
Metal halide lamp fixtures designed to be operated with lamps rated greater
than or equal to 150 watts but less than or equal to 500 watts may not contain
a probe-start metal halide lamp ballast.
(7)(a) Single-voltage external AC to DC power supplies must meet the requirements in the following table:
____________________________________________________________________________
Nameplate output Minimum Efficiency in Active Mode
<1 Watt 0.49
* Nameplate Output
>= 1 Watt
and
<= 49 Watts 0.09
* Ln (Nameplate Output) + 0.49
>49 Watts 0.84
Maximum
Energy Consumption in No-Load Mode
<= 10 Watts 0.5 Watts
>10 Watts
and <= 250 Watts 0.75 Watts
Where Ln (Nameplate Output) - Natural Logarithm of the nameplate output expressed in Watts
____________________________________________________________________________
(b)
For the purposes of this subsection, efficiency of single-voltage external AC
to DC power supplies shall be measured in accordance with the United States
Environmental Protection Agency’s “Test Method for Calculating the Energy
Efficiency of Single-Voltage External AC to DC and AC to AC Power Supplies,”
dated August 11, 2004.
(8)(a) State-regulated incandescent reflector lamps, other than 50 watt elliptical reflector lamps, must meet the minimum efficiencies in the following table:
____________________________________________________________________________
Wattage Minimum
average lamp efficiency
(lumens per watt)
40 - 50 10.5
51 - 66 11.0
67 - 85 12.5
86 - 115 14.0
116 - 155 14.5
156 - 205 15.0
____________________________________________________________________________
(b)
Lamp efficiency shall be measured in accordance with the applicable test method
found in 10 C.F.R. 430.23.
(9)
Torchieres may not use more than 190 watts. A torchiere uses more than 190
watts if any commercially available lamp or combination of lamps can be
inserted in a socket and cause the torchiere to draw more than 190 watts when
operated at full brightness.
(10)(a) Traffic signal modules must have maximum and nominal wattage that does not exceed the applicable values in the following table:
____________________________________________________________________________
Module Type Maximum
Wattage Nominal Wattage
(at 74°C) (at 25°C)
12” red ball (or 300 mm circular) 17 11
8” red ball (or 200 mm circular) 13 8
12” red arrow (or 300 mm arrow) 12 9
12” green ball (or 300 mm circular) 15 15
8” green ball (or 200 mm circular) 12 12
12” green arrow (or 300 mm arrow) 11 11
____________________________________________________________________________
(b)
For purposes of this subsection, maximum wattage and nominal wattage shall be
measured in accordance with and under the testing conditions specified by the
Institute for Transportation Engineers “Interim LED Purchase Specification,
Vehicle Traffic Control Signal Heads, Part 2: Light Emitting Diode Vehicle
Traffic Signal Modules.”
(11) Unit heaters must be equipped with intermittent ignition devices and must have either power venting or an automatic flue damper.
SECTION
6. (1) Except as provided in
subsection (2) of this section, a person may not install a new commercial
prerinse spray valve, commercial refrigerator or freezer, illuminated exit
sign, single-voltage external AC to DC power supply, state-regulated incandescent
reflector lamp, torchiere, traffic signal module or unit heater for
compensation unless the energy efficiency of the new product meets or exceeds
the minimum energy efficiency standards specified in section 5 of this 2005
Act.
(2)
A person may install a new product not meeting efficiency standards specified
in subsection (1) of this section if the product is:
(a)
Installed in a mobile or manufactured home at the time of construction; or
(b) Designed expressly for installation and use in recreational vehicles.
SECTION 7. Section 6 of this 2005 Act is amended to read:
Sec. 6. (1) Except as provided in subsection (2) of this section, a person may not install a new commercial clothes washer, commercial prerinse spray valve, commercial refrigerator or freezer, illuminated exit sign, single-voltage external AC to DC power supply, state-regulated incandescent reflector lamp, torchiere, traffic signal module, automatic commercial ice cube machine, metal halide lamp fixture or unit heater for compensation unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards specified in section 5 of this 2005 Act.
(2) A person may install a new product not meeting efficiency standards specified in subsection (1) of this section if the product is:
(a) Installed in a mobile or manufactured home at the time of construction; or
(b) Designed expressly for installation and use in recreational vehicles.
SECTION 8. Notwithstanding section 5 of this 2005 Act, the State Department of Energy shall periodically review the minimum energy efficiency standards specified in section 5 of this 2005 Act and shall report to the Legislative Assembly when the standards need to be updated, due to federal action or to the outcome of collaborative consultations with manufacturers and the energy departments of other states.
SECTION
9. (1) A manufacturer of a
product specified in section 2 of this 2005 Act that is sold or offered for
sale, or installed or offered for installation, in this state shall test
samples of their products in accordance with the test methods specified in
section 5 of this 2005 Act or, if more stringent, those specified in the state
building code.
(2)
The State Department of Energy shall adopt test methods for products required
to be tested under this section if the test methods are not provided for in
section 5 of this 2005 Act or in the state building code. The department shall
use test methods approved by the United States Department of Energy or, in the
absence of federal test methods, other appropriate nationally recognized test
methods for guidance in adopting test methods. The State Department of Energy
may periodically review and revise its test methods.
(3)
A manufacturer required to test a product pursuant to this section, except for
a manufacturer of single-voltage external AC to DC power supplies, shall
certify to the State Department of Energy that the products are in compliance
with the minimum energy efficiency standards specified in section 5 of this
2005 Act. The manufacturer shall base its certification on the testing
performed pursuant to this section. The department shall establish rules
governing the certification of these products and may coordinate with the
certification programs of other states and federal agencies with similar
standards.
(4) A manufacturer required to test a product pursuant to this section shall identify each product that complies with the minimum energy efficiency standards specified in section 5 of this 2005 Act by means of a mark, label or tag on the product and packaging at the time of sale or installation. The department shall establish rules governing the identification of the products and packaging, which shall be coordinated to the greatest extent practicable with the labeling programs of other states and federal agencies with equivalent efficiency standards.
SECTION
10. (1) Section 2 of this 2005
Act becomes operative January 1, 2007.
(2)
The amendments to section 2 of this 2005 Act by section 3 of this 2005 Act
become operative January 1, 2008.
(3)
Section 6 of this 2005 Act becomes operative January 1, 2008.
(4) The amendments to sections 2 and 6 of this 2005 Act by sections 4 and 7 of this 2005 Act become operative January 1, 2009.
Approved by the Governor July 1, 2005
Filed in the office of Secretary of State July 1, 2005
Effective date January 1, 2006
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