ASSEMBLY, No. 516

 

STATE OF NEW JERSEY

 

211th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2004 SESSION

 

 

Sponsored by:

Assemblywoman BONNIE WATSON COLEMAN

District 15 (Mercer)

Assemblyman WILFREDO CARABALLO

District 29 (Essex and Union)

Assemblyman JOHN F. MCKEON

District 27 (Essex)

 

 

 

 

SYNOPSIS

    Establishes minimum energy efficiency standards for certain products.

 

CURRENT VERSION OF TEXT

    Introduced Pending Technical Review by Legislative Counsel.

 

(Sponsorship Updated As Of: 3/12/2004)


An Act concerning energy efficiency and supplementing Title 48 of the Revised Statutes.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. As used in this act:

    "Board" means the Board of Public Utilities;

    "Cable television box" means a device that acts as a tuner for cable television programming and that converts signals received from a cable service provider to a signal usable by a television set;

    "Ceiling fan" means a non-portable device that is suspended from a ceiling for circulating air via the rotation of fan blades;

    "Ceiling fan lighting kit" means the equipment used to provide light from a ceiling fan, which equipment may be integral such that the ceiling fan light kit is hardwired to the ceiling fan, or attachable such that the ceiling fan light kit is not, at the time of sale, physically attached to the fan. Attachable ceiling fan light kits may be included inside the ceiling fan package at the time or sale or sold separately for subsequent attachment to a ceiling fan;

    "Commercial clothes washer" means a soft mount front-loading or soft mount top-loading clothes washer that is designed for use in: applications where the occupants of more than one household will be using it, including multi-family housing common areas and coin laundries; or other commercial applications, if the clothes container compartment is no greater than 3.5 cubic feet for horizontal-axis clothes washers, or no greater than 4.0 cubic feet for vertical-axis clothes washers;

    "Commercial refrigerator or freezer" means a reach-in cabinet, pass-through cabinet, roll-in cabinet and roll-through cabinet model of a refrigerator or freezer, and a refrigerator-freezer with less than 85 cubic feet of capacity and that are not federally regulated products under the National Appliance Energy Conservation Act of 1987, Pub.L.100-12;

    "Commissioner" means the Commissioner of Environmental Protection;

    "Digital television converter box" means a device that receives and decodes digital broadcast signals for display by an analog television set;

    "Illuminated exit sign" means an internally illuminated sign that is designed to be permanently fixed in place and used to identify an exit, a light source illuminates the sign or letters from within, and the background of the sign is not transparent;

    "Large packaged air-conditioning equipment" means packaged air-conditioning equipment having 20 tons or more of cooling capacity;

    "Low-voltage dry-type distribution transformer" means a transformer with an input voltage of 600 volts or less, is between 14kVa and 2,501kVa in size, is air-cooled, and does not use oil as a coolant;

    "Packaged air-conditioning equipment" means air-conditioning equipment that is built as a package and shipped as a whole to end-user sites;

    "Set-top box" means a cable television box, wireless television receiver or digital television converter box;

    "Torchiere lighting fixture" means a portable electric lighting fixture with a reflector bowl directing light upward to provide indirect illumination;

    "Traffic signal module" means a standard 8-inch (200 mm) or 12-inch (300 mm) round traffic signal indication, consisting of a light source, lens and all parts necessary for operation, and communicates movement messages to drivers through red, amber and green colors, and may include arrow modules in the same colors to indicate turning movements;

    "Transformer" means a device consisting essentially of two or more coils of insulated wire that transfers alternating current by electromagnetic induction from one coil to another in order to change the original voltage or current value;

    "Unit heater" means a self-contained fan-type heater that uses natural gas, propane, or fuel oil and is designed to be installed within a heated space. Unit heaters include an apparatus or appliance to supply heat, and a fan for circulating air over a heat exchange surface, all enclosed in a common casing. Unit heaters do not include "warm air furnaces" as specifically defined under the federal Energy Policy Act of 1992, Pub.L.102-486; and

    "Wireless television receiver" means a device used in conjunction with a dish antenna to receive satellite or other wireless television programming and that converts signals from a dish antenna for use by a television set.

 

    2. a. The provisions of this act shall 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:

    (1) ceiling fans and ceiling fan light kits;

    (2) commercial clothes washers;

    (3) commercial refrigerators and freezers;

    (4) illuminated exit signs;

    (5) large packaged air-conditioning equipment;

    (6) low-voltage dry-type distribution transformers;

    (7) set-top boxes;

    (8) torchiere lighting fixtures;

    (9) traffic signal modules;

    (10) unit heaters; and

    (11) such other products as may be designated in accordance with section 5 of this act.

    b. The provisions of this act shall not apply to:

    (1) new products manufactured in the State and sold outside the State;

    (2) new products manufactured outside the State and sold at wholesale inside the State for final retail sale and installation outside the State;

    (3) products installed in mobile manufactured homes at the time of construction; or

    (4) products designed expressly for installation and use in recreational vehicles.

 

    3. Within one year of the effective date of this act, the Board of Public Utilities, in consultation with the Commissioner of Environmental Protection, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing minimum energy efficiency standards for the types of new products set forth in section 2 of this act. The regulations shall provide for the following minimum efficiency standards:

    a. Ceiling fans and ceiling fan light kits shall meet the Tier I criteria of the product specification of the "Energy Star Program Requirements for Residential Ceiling Fans" developed by the United States Environmental Protection Agency;

    b. Commercial clothes washers shall meet the requirements set forth in Table P-3 of section 1605.3, California Code of Regulations, Title 20: Division 2, Chapter 4, Article 4, Appliance Efficiency Regulations;

    c. Commercial refrigerators and freezers shall meet the requirements set forth in Table A-6 of section 1605.3 of the California Code of Regulations, Title 20: Division 2, Chapter 4, Article 4, Appliance Efficiency Regulations;

    d. Illuminated exit signs shall meet the requirements of the "Energy Star Program Requirements for Exit Signs" developed by the United States Environmental Protection Agency;

    e. Large packaged air-conditioning equipment shall meet the Tier II efficiency levels of the "Minimum Equipment Efficiencies for Unitary Commercial Air Conditioners" and "Minimum Equipment Efficiencies for Heat Pumps" developed by the Consortium for Energy Efficiency, Boston, Massachusetts;

    f. Low-voltage dry type distribution transformers shall meet or exceed the energy efficiency values shown in Table 4-2 of National Electrical Manufacturers Association Standard TP-1-1996;

    g. Set-top boxes shall meet the Tier 2 criteria of the product specifications of the "Energy Star Program Requirements for Set-Top Boxes" developed by the United States Environmental Protection Agency;

    h. Torchiere lighting fixtures shall not consume more than 190 watts and shall not be capable of operating with lamps that total more than 190 watts;

    i. Traffic signal modules shall meet the product specifications of the "Energy Star Program Requirements for Traffic Signals" developed by the United States Environmental Protection Agency; and

    j. Unit heaters shall not have pilot lights and shall have either power venting or an automatic flue damper.

 

    4. a. Within two years of the effective date of this act, no new product of a type set forth in section 2 of this act may be sold or offered for sale in the State unless the energy efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted pursuant to section 3 of this act.

    b. Within three years of the effective date of this act, no new product for a type set forth in section 2 of this act may be installed in the State unless the energy efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted pursuant to section 3 of this act.

 

    5. The Board of Public Utilities, in consultation with the Commissioner of Environmental Protection, may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establish increased efficiency standards on the products listed in section 2 of this act. The board, in consultation with the commissioner, also may, pursuant to the "Administrative Procedure Act," establish standards for products not specifically listed in section 2 of this act. In considering such new or amended standards, the board, in consultation with the commissioner, shall set efficiency standards upon a determination that increased efficiency standards would serve to promote energy conservation in the State and would be cost-effective for consumers who purchase and use such new products, provided no new or increased efficiency standards shall become effective within one year following the adoption of any amended regulations establishing such increased efficiency standards. The board may apply for a waiver of federal preemption in accordance with federal procedures set forth at U.S.Code 6297 (d) for those products regulated by the federal government.

 

    6. a. The Board of Public Utilities, in consultation with the Commissioner of Environmental Protection, shall adopt, pursuant to the "Administrative Procedure Act," procedures for testing the energy efficiency of the new products covered by section 2 of this act if such procedures are not provided for in the standard building code of New Jersey. The board shall use United States Department of Energy approved test methods, or in the absence of such test methods, other appropriate nationally recognized test methods. The manufacturers of such products shall cause samples of such appliances to be tested in accordance with the test procedures adopted pursuant to this section or those specified in the standard building code of New Jersey.

    b. Manufacturers of new products covered by section 2 of this act shall certify to the board that such products are in compliance with the provisions of this act. The board, in consultation with the commissioner, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), regulations governing the certification of such products and may propose to work in coordination with the certification program of other states with similar standards.

    c. The board may test products covered by section 2 of this act using an accredited testing facility. If products so tested are found not to be in compliance with the minimum efficiency standards established under section 3 of this act, the commissioner shall: (1) charge the manufacturer of such products for the cost of product purchase and testing, and (2) provide information to the public on products found not to be in compliance with the standards.

 

    7. The Board of Public Utilities, in consultation with the Commissioner of Environmental Protection, may cause periodic inspections to be made of distributors or retailers of new products covered by section 2 of this act in order to determine compliance with the provisions of this act. The board shall also work with the Commissioner of Community Affairs to coordinate the inspections for new products that are also covered by the standard building code of New Jersey.

 

    8. a. The Board of Public Utilities, in consultation with the Commissioner of Environmental Protection, shall cause investigations to be made of complaints received concerning violations of this act and shall report the results of such investigations to the Attorney General. The Attorney General may institute proceedings to enforce the provisions of this act.

    b. A manufacturer, distributor or retailer who violates any provision of this act shall be issued a warning by the board for any first violation. Repeat violations shall be subject to a civil penalty of not more than $250. Each violation of this act shall constitute a separate offense, and each day that the violation continues shall constitute a separate offense. Penalties assessed under this act are in addition to costs assessed pursuant to subsection c. of section 6 of this act.

 

    9. The Board of Public Utilities, in consultation with the Commissioner of Environmental Protection, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any further regulations as may be necessary to implement the provisions of this act.

 

    10. This act shall take effect immediately.

 

STATEMENT

 

    This bill would require the Board of Public Utilities (BPU), in consultation with the Commissioner of Environmental Protection, within one year, to establish minimum energy efficiency standards for the following types of new products sold, offered for sale or installed in the State:

    (1) ceiling fans and ceiling fan light kits;

    (2) commercial clothes washers;

    (3) commercial refrigerators and freezers;

    (4) illuminated exit signs;

    (5) large packaged air-conditioning equipment;

    (6) low-voltage dry-type distribution transformers;

    (7) set-top boxes;

    (8) torchiere lighting fixtures;

    (9) traffic signal modules;

    (10) unit heaters; and

    (11) such other products as may be designated by the BPU, in consultation with the Commissioner of Environmental Protection.

    The provisions of the bill would not apply to: (1) new products manufactured in the State and sold outside the State; (2) new products manufactured outside the State and sold at wholesale inside the State for final retail sale and installation outside the State; (3) products installed in mobile manufactured homes at the time of construction; and (4) products designed expressly for installation and use in recreational vehicles.

    The bill would provide that, within two years of the effective date, no new product of a type set forth in the bill of this act may be sold or offered for sale in the State unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards. The bill would further provide that, within three years of the effective date, no new product for a type set forth in the bill may be installed in the State unless the energy efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted pursuant to the bill.

    Under the bill, manufacturers of new products specified in the bill would by required to certify that such products are in compliance with the provisions of the bill. The bill also establishes a civil penalty not to exceed $250 for noncompliance.