74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1895
Senate Bill 375
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Natural Resources and Alternative Energy)
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 as
introduced.
Establishes minimum energy efficiency standards for certain
products. Prohibits sale or installation of products that do not
meet standards. Allows Director of State Department of Energy to
adopt rules in certain cases to update minimum efficiency
standards. Requires director to introduce bill at Legislative
Assembly to conform statutory minimum efficiency standards with
rules. Requires director to apply for waiver of federal
preemption in certain cases.
A BILL FOR AN ACT
Relating to minimum energy efficiency standards; creating new
provisions; and amending ORS 469.229, 469.233, 469.238,
469.239, 469.255 and 469.261.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 469.229 is amended to read:
469.229. As used in ORS 469.229 to 469.261, 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) 'Bottle-type water dispenser' means a water dispenser
that uses a bottle or reservoir as the source of potable
water. + }
{ - (3) - } { + (4) + } '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.
{ + (5)(a) 'Commercial hot food holding cabinet' means an
appliance that is a heated, fully-enclosed compartment with one
or more solid doors and is designed to maintain the temperature
of hot food that has been cooked in a separate appliance.
(b) 'Commercial hot food holding cabinet' does not include
heated glass merchandising cabinets, drawer warmers or
cook-and-hold appliances. + }
{ - (4) - } { + (6) + } ' 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) - } { + (7) + } '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.
{ + (8)(a) 'Compact audio product,' also known as a mini,
mid, micro or shelf audio system, means an integrated audio
system encased in a single housing that includes an amplifier and
radio tuner and attached or separable speakers that can reproduce
audio from one or more of the following media:
(A) Magnetic tape;
(B) Compact disc;
(C) DVD; or
(D) Flash memory.
(b) 'Compact audio product' does not include products that can
be independently powered by internal batteries, have a powered
external satellite antenna or can provide a video output signal.
(9) 'Compensation' means money or any other valuable thing,
regardless of form, received or to be received by a person for
services rendered.
(10) 'Digital versatile disc' or 'DVD' means a laser-encoded
plastic medium capable of storing a large amount of digital
audio, video and computer data.
(11)(a) 'Digital versatile disc player' or 'digital versatile
disc recorder' means a commercially-available electronic product
encased in a single housing that includes an integral power
supply and for which the sole purpose is, respectively, the
decoding and the production or recording of digitized video
signal on a DVD.
(b) 'Digital versatile disc recorder' does not include models
that have an electronic programming guide function that provides
an interactive, on-screen menu of television listings and
downloads program information from the vertical blanking interval
of a regular television signal.
(12) 'Electricity ratio' is the ratio of furnace electricity
use to total furnace energy use. Electricity ratio =
(3.412*EAE)/(1000*EF + 3.412*EAE) where EAE (average annual
auxiliary electrical consumption) and EF (average annual fuel
energy consumption) are defined in Appendix N to subpart B of 10
C.F.R. 430 and EF is expressed in millions of Btu per year. + }
{ - (6) - } { + (13) + } '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) - } { + (14) + } '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) - } { + (15) + } '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) - } { + (16) + } '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) - } { + (17) + } 'Pass-through cabinet' means a
commercial refrigerator or freezer with hinged or sliding doors
on both the front and rear of the unit.
{ + (18) 'Portable electric spa' means a factory-built
electric spa or hot tub supplied with equipment for heating and
circulating water. + }
{ - (11) - } { + (19) + } '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) - } { + (20) + } '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.
{ + (21) 'Residential furnace' means a self-contained space
heater designed to supply heated air through ducts of more than
10 inches in length and that 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
that:
(a) Is designed to be the principal 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. + }
{ - (13) - } { + (22) + } '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) - } { + (23) + } '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) - } { + (24) + } '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) - } { + (25) + } '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) - } { + (26) + } 'Torchiere' means a portable
electric lighting fixture with a reflective bowl that directs
light upward so as to produce indirect illumination.
{ - (18) - } { + (27) + } '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) - } { + (28) + } '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.
{ + (29) 'Walk-in refrigerator' and 'walk-in freezer' mean a
space refrigerated to temperatures, respectively, at or above and
below 32 F that can be walked into.
(30) 'Water dispenser' means a factory-made assembly that
mechanically cools and heats potable water and dispenses the
cooled or heated water by integral or remote means. + }
SECTION 2. ORS 469.233 is amended to read:
469.233. 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 -.0055H200 -.022H
/500<1436 5.58 -.0011H200 -.022H
/1436 4.0 200 -.022H
Ice-making heair <450 10.26 -.0086Not applicable
/450 6.89 -.0011HNot 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 -.0038HNot applicable
/934 5.30 Not applicable
Self-contained
models water <200 11.40 -.0190191 -.0315H
/200 7.60 191 -.0315H
Self-contained
models air <175 18.0 -.0469HNot 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
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Reach-in cabinets, pass-through
cabinets and roll-in or roll-through
cabinets that are '
pulldown'
refrigerators Transparent .126V + 3.51
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
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
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Reach-in cabinets that are
refrigerator-freezers with an
AV of 5.19 or higher Solid 0.27AV - 0.71
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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.
{ + (12) Bottle-type water dispensers 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
United States Environmental Protection Agency's 'Energy Star
Program Requirements for Bottled Water Coolers,' except that
units with an integral, automatic timer may not be tested using
Section D, ' Timer Usage,' of the test criteria.
(13) 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.
(14) Compact audio products may not use more than two watts in
standby passive mode for those without a permanently illuminated
clock display and four watts in standby passive mode for those
with a permanently illuminated clock display, as measured in
accordance with International Electrotechnical Commission (IEC)
test method 62087:2002(E), 'Methods of Measurement for the Power
Consumption of Audio, Video, and Related Equipment. '
(15) Digital versatile disc players and digital versatile disc
recorders may not use more than three watts in standby passive
mode, as measured in accordance with International
Electrotechnical Commission (IEC) test method 62087:2002(E), '
Methods of Measurement for the Power Consumption of Audio, Video,
and Related Equipment. '
(16) Portable electric spas may not have a standby power
greater than 5(V2/3) Watts where V=the total volume in gallons,
as measured in accordance with the test method for portable
electric spas contained in the California Code of Regulations,
Title 20, Division 2, Chapter 4, section 1604.
(17) Residential furnaces that utilize natural gas or propane
shall have a minimum Annual Fuel Utilization Efficiency (AFUE) of
90 percent and a maximum electricity ratio of two percent. AFUE
shall be measured in accordance with the federal test method for
measuring the energy consumption of furnaces pursuant to Appendix
N to subpart B of 10 C.F.R. 430.
(18)(a) Walk-in refrigerators and walk-in freezers with the
applicable motor types shown in the table below shall include the
required components shown. + }
________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
Motor Type Required Components
All Interior lights: light sources with an efficacy of 45
lumens per watt or more, including ballast losses
(if any).
All Automatic door closers that firmly close all
reach-in doors
All Automatic door closers that firmly close all walk-in
doors no wider than 3.9 feet and no higher than
6.9 feet that have been closed to within one
inch of full closure.
All Wall, ceiling and door insulation at least R-28 for
refrigerators and at least R-34 for freezers
All Floor insulation at least R-28 for freezers (no
requirement for refrigerators)
Condenser fan motors (i) Electronically commutated motors,
under one horsepower (ii) Permanent split capacitor-type motors, or
(iii) Polyphase motors of ? horsepower or more
Single-phase evaporatElectronically commutated motors
fan motors of under one
horsepower and less
than 460 volts + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
________________________________________________________________
{ + (b) In addition to the requirements in paragraph (a),
walk-in refrigerators and walk-in freezers with transparent
reach-in doors shall meet the following requirements:
(A) Transparent reach-in doors shall be of triple pane glass
with either heat-reflective treated glass or gas fill;
(B) If the appliance has an anti-sweat heater without
anti-sweat controls, the appliance shall have a total door rail,
glass and frame heater power draw of no more than 40 watts if it
is a freezer or 17 watts if it is a refrigerator per foot of door
frame width; and
(C) If the appliance has an anti-sweat heater with anti-sweat
heat controls, and the total door rail, glass, and frame heater
power draw is 40 watts or greater per foot of door frame width if
it is a freezer or 17 watts or greater per foot of door frame
width if it is a refrigerator, the anti-sweat heat controls shall
reduce the energy use of the anti-sweat heater in an amount
corresponding to the relative humidity in the air outside the
door or to the condensation on the inner glass pane. + }
SECTION 3. ORS 469.238, as amended by section 3, chapter 437,
Oregon Laws 2005, is amended to read:
469.238. (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 { + , bottle-type water dispenser, commercial hot food
holding cabinet, compact audio product, digital versatile disc
player, digital versatile disc recorder, residential furnace,
portable electric spa, walk-in refrigerator or walk-in
freezer + } unless the energy efficiency of the new product meets
or exceeds the minimum energy efficiency standards specified in
ORS 469.233.
(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. ORS 469.238, as amended by sections 3 and 4, chapter
437, Oregon Laws 2005, is amended to read:
469.238. (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 { + , bottle-type water dispenser,
commercial hot food holding cabinet, compact audio product,
digital versatile disc player, digital versatile disc recorder,
residential furnace, portable electric spa, walk-in refrigerator
or walk-in freezer + } unless the energy efficiency of the new
product meets or exceeds the minimum energy efficiency standards
specified in ORS 469.233.
(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. ORS 469.239, as amended by section 7, chapter 437,
Oregon Laws 2005, is amended to read:
469.239. (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 { + , bottle-type water dispenser, commercial hot food
holding cabinet, compact audio product, digital versatile disc
player, digital versatile disc recorder, residential furnace,
portable electric spa, walk-in refrigerator or walk-in
freezer + } for compensation unless the energy efficiency of the
new product meets or exceeds the minimum energy efficiency
standards specified in ORS 469.233.
(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 6. ORS 469.255 is amended to read:
469.255. (1) A manufacturer of a product specified in ORS
469.238 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 ORS
469.233 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 ORS 469.233 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, { + walk-in refrigerators and walk-in
freezers + } shall certify to the State Department of Energy that
the products are in compliance with the minimum energy efficiency
standards specified in ORS 469.233. 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 ORS 469.233 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 7. ORS 469.261 is amended to read:
469.261. { + (1)(a) + } Notwithstanding ORS 469.233, the State
Department of Energy shall periodically review the minimum energy
efficiency standards specified in ORS 469.233 { + . + } { - 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. - }
{ + (b) After the review pursuant to subsection (1) of this
section, the Director of the State Department of Energy may adopt
rules to update the minimum energy efficiency standards specified
in ORS 469.233 if the director determines that the standards need
to be updated:
(A) To promote energy conservation in the state;
(B) To achieve cost-effectiveness for consumers; or
(C) Due to federal action or to the outcome of collaborative
consultations with manufacturers and the energy departments of
other states.
(c) After the review pursuant to subsection (1) of this
section, the director of the department may adopt rules to
establish new minimum energy efficiency standards if the director
determines that new standards are needed:
(A) To promote energy conservation in the state;
(B) To achieve cost-effectiveness for consumers; or
(C) Due to federal action or to the outcome of collaborative
consultations with manufacturers and the energy departments of
other states.
(d) If the director adopts rules under paragraph (b) of this
subsection to update the minimum energy efficiency standards
specified in ORS 469.233 or under paragraph (c) of this
subsection to establish new minimum energy efficiency standards:
(A) The rules may not take effect until one year following
their adoption by the director; and
(B) The Governor shall cause to be introduced at the next
Legislative Assembly a bill to conform the statutory minimum
energy efficiency standards to the minimum energy efficiency
standards adopted by the director in rule.
(2) If the director determines that implementation of a state
minimum energy efficiency standard requires a waiver of federal
preemption, the director shall apply for a waiver of federal
preemption pursuant to 42 U.S.C. 6297 (d). + }
SECTION 8. { + (1) The minimum efficiency standard for
interior lights established in ORS 469.233 (18)(a) become
operative on January 1, 2010.
(2) If the Director of the State Department of Energy applies
for a waiver of federal preemption under ORS 469.261 for a
residential furnace, then:
(a) ORS 469.238 shall become operative for residential furnaces
at the earliest date permitted by federal law; and
(b) ORS 469.239 shall become operative for residential furnaces
one year after the earliest date permitted by federal law. + }
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