73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3442
B-Engrossed
House Bill 3363
Ordered by the Senate June 14
Including House Amendments dated May 19 and Senate Amendments
dated June 14
Sponsored by Representatives DINGFELDER, JENSON; Senator ATKINSON
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Establishes minimum energy efficiency standards for certain
products. Prohibits sale or installation of products not meeting
standards. Directs manufacturers of products to test and certify
products as meeting standards.
A BILL FOR AN ACT
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: + }
________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
Equipment typType oHarvest rateMaximum Maximum
coolin(lbs. ice/24energy use condenser
(kWh/100 lbswater use
(gallons/100 lbs. ice) + }
{ +
Ice-making hewater <500 7.80 - .0055200 - .022H
>=500<1436 5.58 - .0011200 - .022H
>=1436 4.0 200 - .022H
Ice-making heair <450 10.26 - .008Not applicable
>=450 6.89 - .0011Not applicable
Remote condensing
but not remote
compressor air <1000 8.85 - .0038Not applicable
>=1000 5.10 Not applicable
Remote condensing
and remote
compressor air <934 8.85 - .0038Not applicable
>=934 5.30 Not applicable
Self-contained
models water <200 11.40 - .019191 - .0315H
>=200 7.60 191 - .0315H
Self-contained
models air <175 18.0 - .0469Not applicable
>=175 9.80 Not applicable + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + 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: + }
________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
Equipment Type Doors Maximum Daily
Energy Consumption (kWh) + }
{ +
Reach-in cabinets, pass-through
cabinets and roll-in or roll-tSolidh 0.10V + 2.04
cabinets that are refrigeratorTransparent 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-tSolidh 0.40V + 1.38
cabinets that are freezers Transparent 0.75V + 4.10
Reach-in cabinets that are
refrigerator-freezers with an
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) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
________________________________________________________________
{ + (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: + }
________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
Product or compartment tyIntegrated average product temperature
in degrees Fahrenheit
Refrigerator 38 +/-
2
Freezer 0 +/-
2 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
________________________________________________________________
{ + (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: + }
________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
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 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
________________________________________________________________
{ + (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: + }
________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
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 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
________________________________________________________________
{ + (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: + }
________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
Module Type Maximum WattagNominal Wattage
(at 74C) (at 25C) + }
{ +
12'
red ball (or 300 mm circul17) 11
8'
red ball (or 200 mm circul13) 8
12'
red arrow (or 300 mm arrow12 9
+ }
{ +
12'
green ball (or 300 mm circ15ar) 15
8'
green ball (or 200 mm circ12ar) 12
12'
green arrow (or 300 mm arr11) 11 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
________________________________________________________________
{ + (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. + }
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