A4156 1R

An Act concerning energy efficiency standards for certain products and amending and supplementing P.L.2005, c.42.

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

1. Section 1 of P.L.2005, c.42 (C.48:3-99) is amended to read as follows:

1. As used in [this act] P.L.2005, c.42 (C.48:3-99 et seq.):

“Air-cooled very large commercial package air conditioning and heating equipment'' means air-cooled, water-cooled, evaporative-cooled or water source (but not ground water source), electrically operated, unitary central air conditioners and central air conditioning heat pumps for commercial application that are rated at or above 240,000 Btu per hour and below 760,000 Btu per hour in cooling capacity;

"Ballast" means a device used with an electric discharge lamp to obtain necessary circuit conditions (voltage, current and waveform) for starting and operating the lamp;

"Board" means the Board of Public Utilities;

"Bottle-type water dispenser" means a water dispenser that uses a bottle or reservoir as the source of potable water;

"Coefficient of performance" means the ratio of heating capacity in watts to the power input values in watts obtained at standards rating conditions;

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

"Commercial refrigerator, freezer, and refrigerator-freezer equipment" means refrigeration equipment that: [a.] (1) is not a consumer product; [b.] (2) operates at a chilled, frozen, combination chilled/frozen, or variable temperature; [c.] (3) displays or stores merchandise either horizontally, semi-vertically, or vertically; [d.] (4) may have transparent or solid hinged doors or both, sliding doors, a combination of hinged and sliding doors or no doors; [e.] (5) is designed either for pull-down temperature applications or holding temperature applications; and [f.] (6) is connected to a self-contained condensing unit;

¹["Commissioner" means the Commissioner of Environmental Protection;]¹

"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, attached or separable speakers, and can reproduce audio from one or more of the following media: magnetic tape, CD, DVD, or flash memory. "Compact audio product" shall not include products that can be independently powered by internal batteries or that have a powered external satellite antenna, or that can provide a video output signal;

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

"Digital versatile disc" or "DVD" means a laser-encoded plastic medium capable of storing a large amount of digital audio, video, and computer data;

"Digital versatile disc player" or "digital versatile disc recorder" means commercially-available electronic products encased in a single housing that includes an integral power supply and for which the sole purpose is the decoding and the production or recording of digitized video signal on a DVD. A "DVD recorder" shall not include models that have an electronic programming guide function that provides an interactive, onscreen menu of television listings, and that downloads program information from the vertical blanking interval of a regular television signal;

"Electricity ratio" means 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 part 430 of title 10, Code of Federal Regulations, and Ef is expressed in millions of British thermal units (Btus) per year;

"Energy efficiency ratio" means the ratio of the cooling capacity in Btu per hour to the power input values in watts obtained at standard rating conditions expressed in Btu per watt-hours;

"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;

"Holding temperature applications" means commercial refrigerator, freezer, and refrigerator-freezer equipment that is not designed for "pull-down" temperature applications;

"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;

"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, and does not include those types of transformers specifically excluded from the low voltage dry-type distribution transformer definition published in the California Code of Regulations, Title 20: Division 2, Chapter 4, Article 4: Appliance Efficiency Regulations, as amended in November 2002;

"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;

"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;

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

"Portable electric spa" means a factory-built electric spa or hot tub, supplied with equipment for heating and circulating water;

"Probe-start metal halide ballast" means a ballast used to operate metal halide lamps, which does not contain an igniter and which instead starts lamps by using a third starting electrode probe in the arc tube;

"Pull-down temperature applications" means commercial refrigerator, freezer, and refrigerator-freezer equipment specifically designed to rapidly reduce all product content temperatures from various ambient temperatures at a minimum reduction rate of 4.3 degrees Fahrenheit per hour over a 12-hour period to an overall integrated product temperature equal to 38 degrees Fahrenheit when fully loaded with beverage containers;

"Residential boiler" means a self-contained low-pressure appliance for supplying steam or hot water primarily designed for space heating, which uses natural gas, propane, or home heating oil, and which has a heat input rate of less than 300,000 Btu per hour;

"Residential furnace" means a self-contained space heater designed to supply heated air through ducts of more than 10 inches length and which utilizes only single-phase electric current, or single-phase electric current or DC current in conjunction with natural gas, propane, or home heating oil, and which: (1) is designed to be the principle heating source for the living space of one or more residences; (2) is not contained within the same cabinet with a central air conditioner whose rated cooling capacity is above 65,000 Btu per hour; and (3) has a heat input rate of less than 225,000 Btu per hour;

"Residential pool pump" means a pump used to circulate and filter residential swimming pool water in order to maintain clarity and sanitation;

"Self-contained condensing unit” means a factory-made assembly of refrigerating components designed to compress and liquefy a specific refrigerant that is an integral part of the refrigerated equipment and consists of one or more refrigerant compressors, refrigerant condensers, condenser fans and motors, and factory supplied accessories;

"Single-voltage external AC to DC power supply" means a device that: (1) is designed to convert line voltage AC input into lower voltage DC output; (2) is able to convert to only one DC output voltage at a time; (3) is sold with, or intended to be used with, a separate end-use product that constitutes the primary power load; (4) is contained within a separate physical enclosure from the end-use product; (5) is connected to the end-use product via a removable or hard-wired male/female electrical connection, cable, cord or other wiring; (6) does not have batteries or battery packs, including those that are removable, that physically attach directly to the power supply unit; (7) does not have a battery chemistry or type selector switch and indicator light, or does not have a battery chemistry or type selector switch and a state of charge meter; and (8) has a nameplate output power less than or equal to 250 watts;

"State-regulated incandescent reflector lamp" means a lamp, not colored or designed for rough or vibration service applications, with an inner reflective coating on the outer bulb to direct the light, an E26 medium screw base, a rated voltage or voltage range that lies at least partially within 115 to 130 volts, and that falls into either of the following categories: a blown PAR (BPAR), bulged reflector (BR), elliptical reflector (ER) or similar bulb shape with a diameter equal to or greater than 2.25 inches; or a reflector (R), parabolic aluminized reflector (PAR) or similar bulb shape with a diameter of 2.25 to 2.75 inches, inclusive;

"Temperature reset" means an automatic means for adjusting the temperature of the water supplied by a residential boiler such that an incremental change in inferred heat load ¹or hot water load¹ produces a corresponding incremental change in supply water temperature. When there is no inferred heat load ¹or hot water load¹, such an automatic means adjusts the supply water temperature to no more than 140° Fahrenheit (F);

"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]

"Walk-in refrigerator and freezer" means a refrigerated space that can be walked into and has a total chilled and frozen storage area of less than 3,000 square feet, operates at chilled (above 32°F) or frozen (at or below 32°F) temperature, and is connected to a self-contained or remote condensing unit. “Walk-in refrigerator and freezer” excludes (1) refrigerated warehouses, and (2) products designed and marketed exclusively for medical, scientific or research purposes; and

"Water dispenser" means a factory-made assembly that mechanically cools and heats potable water and that dispenses the cooled or heated water by integral or remote means.

(cf: P.L.2005, c.42, s.1)

2. Section 2 of P.L.2005, c.42 (C.48:3-100) is amended to read as follows:

2. a. The provisions of [this act] P.L.2005, c.42 (C.48:3-99 et seq.) 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) commercial clothes washers;

(2) commercial refrigerators and freezers;

(3) illuminated exit signs;

(4) air- cooled very large commercial package air conditioning and heating equipment;

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

(6) torchiere lighting fixtures;

(7) traffic signal modules; and

(8) unit heaters.

b. The provisions of P.L.2005, c.42 (C.48:3-99 et seq.) shall also 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) bottle-type water dispensers;

(2) commercial hot food holding cabinets;

(3) compact audio products;

(4) digital versatile disc players and digital versatile disc recorders;

(5) metal halide lamp fixtures;

(6) portable electric spas;

(7) residential furnaces and residential boilers;

(8) residential pool pumps;

(9) single-voltage external AC to DC power supplies;

(10) State-regulated incandescent reflector lamps; ¹and¹

(11) walk-in refrigerators and freezers ¹[; and

(12) any other products as may be designated by the board in accordance with section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill)].

The board may propose to the President of the Senate and the Speaker of the General Assembly, and the chairs of the Senate Environment Committee and the Assembly Environment and Solid Waste Committee, or the respective successor committees, every three years a list of new standards for products not specifically listed in this subsection. When considering new products to propose to the President of the Senate, the Speaker of the General Assembly, and the chairs of the Senate Environment Committee and the Assembly Environment and Solid Waste Committee, the board shall determine that any new or increased efficiency standard for a certain product would serve to promote energy conservation in the State, be life cycle cost effective for consumers who purchase and use the new products, and be technologically feasible and economically justified.¹

c. The provisions of [this act] P.L.2005, c.42 (C.48:3-99 et seq.) 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.

(cf P.L.2005, c.42, s.2)

3. Section 3 of P.L.2005, c.42 (C.48:3-101) is amended to read as follows:

3. Within one year of the effective date of [this act] P.L.2005, c.42 (C.48:3-99 et seq.), the Board of Public Utilities ¹and the Commissioner of Community Affairs¹ , 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 subsection a. of section 2 of [this act] P.L.2005, c.42 (C.48:3-100). ¹Rules and regulations adopted by the Commissioner of Community Affairs pursuant to the “State Uniform Construction Code Act,” P.L.1975, c.217 (C.52:27D-119 et seq.) and P.L.2005, c.42 (C.48:3-99 et seq.) shall require that all such new products, when used in construction or installed in a building or structure, conform to the minimum efficiency standards set forth in this section.¹ The rules and regulations ¹adopted pursuant to this section¹ shall provide for the following minimum efficiency standards:

a. Commercial clothes washers shall meet the ¹following¹ requirements ¹[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, provided that such washers shall not be required to meet the modified energy factor requirements until 2007 and shall not be required to meet the water factor requirements until 2010;] :

Standards for Commercial Clothes Washers
Appliance	Clothes Container Component Capacity (ft³)	Minimum Modified Energy Factor Effective January 1, 2007	Minimum Water Factor Effective January 1, 2010
Front-loading washers	<3.5ft.³	1.26	9.5
Top-loading washers	<1.6ft.³	0.65	9.5
Top-loading washers	>=1.65ft³ and <4ft³	1.26	9.5

Commercial top-loading semi-automatic clothes washers and commercial suds-savings clothes washers manufactured on or after January 1, 2005 shall have an unheated rinse option.¹

b. (1) Each self-contained commercial refrigerator, freezer, and refrigerator-freezer equipment designed for holding temperature applications sold on or after January 1, 2010, shall meet the following standards:

(a) Refrigerators with solid doors: 0.10 times V plus 2.04 kilowatt hours per day;

(b) Refrigerators with transparent doors: 0.12 times V plus 3.34 kilowatt hours per day;

(d) Freezers with transparent doors: 0.75 times V plus 4.10 kilowatt hours per day;

(e) Refrigerators/freezers with solid doors: the greater of 0.27 times AV minus 0.71 kilowatt hours per day or 0.70 kilowatt hours per day; and

(f) Refrigerators/freezers with separate refrigeration systems: the sum of the standard applicable to the refrigerator and the standard applicable to the freezer.

For refrigerators, freezers, and refrigerator-freezers with doors, the rating temperatures shall be the integrated average temperature of 38 degrees Fahrenheit (plus or minus two degrees Fahrenheit) for refrigerator compartments and zero degrees Fahrenheit (plus or minus two degrees Fahrenheit for freezer compartments).

(2) Each self-contained commercial refrigerator, freezer, and refrigerator-freezer equipment designed for pull-down temperature applications sold on or after January 1, 2010, shall meet the following standards:

(a) Refrigerators with transparent doors: 0.126 times V plus 3.51 kilowatt hours per day; and

(b) Freezers with transparent doors 0.788 times V plus 4.3 kilowatt hours per day.

As used in this subsection, "V" means the chilled or frozen compartment volume in cubic feet as defined in the Association of Home Appliance Manufacturers Standard HRF1-1979; "integrated average temperature" means the average temperature of all test package measurements taken during the test; and "AV" means the adjusted volume in cubic feet defined as 1.63 times the frozen temperature compartment volume in cubic feet plus the chilled temperature compartment volume in cubic feet;

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

d. Each air-cooled very large commercial package air conditioning and heating equipment sold on or after January 1, 2010, shall meet the following standards:

(1) The minimum energy efficiency ratio of air-cooled central air conditioners at or above 240,000 Btu per hour in cooling capacity and less than 760,000 Btu per hour in cooling capacity shall be 10.0 for equipment with no heating or electric resistance heating and 9.8 for equipment with all other heating system types that are integrated into the equipment at a standard rating of 95 degrees Fahrenheit dry bulb.

(2) The minimum energy efficiency ratio of air-cooled central air conditioner heat pumps at or above 240,000 Btu per hour in cooling capacity and less than 760,000 Btu per hour in cooling capacity shall be 9.5 for equipment with no heating or electric resistance heating and 9.3 for equipment with all other heating system types that are integrated into the equipment at a standard rating of 95 degrees Fahrenheit dry bulb.

(3) The minimum coefficient of performance in the heating mode of air-cooled central air conditioning heat pumps at or above 240,000 Btu per hour in cooling capacity and less than 760,000 Btu per hour in cooling capacity shall be 3.2 at a high temperature rating of 47 degrees Fahrenheit dry bulb;

e. 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;

f. 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;

g. 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

h. Unit heaters shall be equipped with an intermittent ignition device and shall have either power venting or an automatic flue damper.

(cf: P.L.2005, c.42, s.3)

4. (New section) Within one year of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Board of Public Utilities ¹and the Commissioner of Community Affairs¹, in consultation with Commissioner of Environmental Protection and any other appropriate State agencies, shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing minimum efficiency standards for the types of new products set forth in subsection b. of section 2 of P.L.2005, c.42 (C.48:3-100). ¹Rules and regulations adopted by the Commissioner of Community Affairs pursuant to the “State Uniform Construction Code Act,” P.L.1975, c.217 (C.52:27D-119 et seq.) and P.L.2005, c.42 (C.48:3-99 et seq.) shall require that all such new products, when used in construction or installed in a building or structure, conform to the minimum efficiency standards set forth in this section.¹ The rules and regulations ¹adopted pursuant to this section¹ shall provide for the following minimum efficiency standards:

a. Bottle-type water dispensers designed for dispensing both hot and cold water shall not have standby energy consumption greater than 1.2 kilowatt-hours per day, as measured in accordance with the test criteria contained in version 1 of the United States Environmental Protection Agency's "Energy Star Program Requirements for Bottled Water Coolers," except units with an integral, automatic timer shall not be tested using Section D, "Timer Usage," of the test criteria;

b. 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" in effect on August 15, 2003;

c. Compact audio products shall not use more than 2 watts in standby-passive mode for those without a permanently illuminated clock display and 4 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";

d. Digital versatile disc players and digital versatile disc recorders shall not use more than 3 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";

e. 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 shall not contain a probe-start metal halide ballast;

f. Portable electric spas shall not have a standby power greater than 5(V2/3) Watts where V=the total volume in gallons, as measured pursuant to the test method for portable electric spas contained in Section 1604 of title 20, California Code of Regulations;

g. (1) Residential furnaces and residential boilers shall comply with the following Annual Fuel Utilization Efficiency (AFUE), electricity ratio and design requirements:

Product Type	Minimum AFUE	Maximum Electricity Ratio	Design Requirements
Natural gas- and propane-fired furnaces	90%	2.0%	none
Oil-fired furnaces ≥ 94,000 Btu/hour in capacity	¹[None] Federal minimum¹	2.0%	none
Oil-fired furnaces < 94,000 Btu/hour in capacity	¹[None] Federal minimum¹	2.3%	none
Natural gas- and propane-fired hot water residential boilers	82%	Not applicable	No standing pilot Temperature reset required
Natural gas- and propane-fired steam residential boilers	80%	Not applicable	No standing pilot
Oil-fired hot water residential boilers	84%	Not applicable	Temperature reset required
Oil-fired steam residential boilers	82%	Not applicable	none

(2) Residential boilers shall only be operable if the temperature reset is installed. AFUE shall be measured in accordance with the federal test method for measuring the energy consumption of furnaces and boilers contained in Appendix N to subpart B of part 430 of title 10, Code of Federal Regulations; and

(3) ¹[The board may adopt rules to exempt compliance with the forgoing residential furnace or residential boiler AFUE standards at any building, site or location where complying with those standards would be in conflict with any local zoning ordinance, building or plumbing code, or other rule regarding installation and venting of residential furnaces or residential boilers;]

If the cost of installation of a natural gas- or propane-fired furnace cannot be recovered within 10 years, that furnace shall not be required to meet the 90% minimum AFUE standard pursuant to this section.¹

h. (1) Residential pool pump motors may not be split-phase or capacitor start-induction run type motors; and

(2) Pool pump motors with a capacity of one horsepower or more shall have the capability of operating at two or more speeds with a low speed having a rotation rate that is no more than one-half of the motor's maximum rotation rate. Pool pump motor controls shall have the capability of operating the pool pump at least two speeds. The default circulation speed shall be the lowest speed, with a high speed override capability being for a temporary period not to exceed one normal cycle;

i. (1) Single-voltage external AC to DC power supplies shall meet the energy efficiency requirements in the following table:

Nameplate Output Power	Minimum Efficiency in Active Mode
0 to < 1 watt	0.49 * Nameplate Output
≥l watt and ≤49 watts	009*Ln (Nameplate Output Power) + 0.49
>49 watts	0.84

	Maximum Energy Consumption in No-Load Mode
0 to < 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.

(2) This standard applies to single voltage AC to DC power supplies that are sold individually and to those that are sold as a component of or in conjunction with another product;

(3) Single voltage external AC to DC power supplies that require United States Food and Drug Administration listing and approval as a medical device are exempt from the requirements of this subsection;

(4) Single voltage external AC to DC power supplies made available by a manufacturer directly to a consumer or to a service or repair facility after and separate from the original sale of the product requiring the power supply as a service part or spare part shall not be required to meet the standards of this subsection until January 1, 2013; and

(5) For purposes of this subsection, the efficiency of single-voltage external AC to DC power supplies shall be measured in accordance with ¹[the test methodology specified by the United States Environmental Protection Agency's Energy Star Program, "Test Method for Calculating the Energy Efficiency of Single-Voltage External AC-DC and AC-AC Power Supplies (August 11, 2004)" except that tests shall be conducted at 115 volts only] applicable federal standards¹ ;

j. (1) State-regulated incandescent reflector lamps shall meet the minimum average lamp efficacy requirements for federally-regulated incandescent reflector lamps contained in 42 U.S.C. s.6295 (i)(1)(A); and

(2) The following types of incandescent reflector lamps are exempt from these requirements:

(a) lamps rated at 50 watts or less of the following types: BR30, ER30, BR40, and ER40;

(b) lamps rated at 65 watts of the following types: BR30, BR40, and ER40; and

k. Walk-in refrigerators and freezers shall meet the following requirements:

(1) All walk-in refrigerators and freezers shall have:

(a) automatic door closers that firmly close all reach-in doors and that firmly close walk-in doors no wider than 3 feet 9 inches and no higher than 6 feet 11 inches that have been closed to within one inch of full closure;

(b) wall, ceiling and door insulation of at least R-28 for refrigerators. Door insulation requirements shall not apply to glazed portions of doors, nor to structural members;

(c) wall, ceiling, and door insulation of at least R-32 for freezers. Door insulation requirements shall not apply to glazed portions of doors, or to structural members;

(d) floor insulation of at least R-28 for freezers;

(e) for single-phase evaporator fan motors of under one horsepower and less than 460 volts, electronically commutated motors. The board may delay implementation of this subparagraph upon a determination that such motors are only available from one manufacturer or in insufficient quantifies to serve the needs of the walk-in industry for evaporator-fan applications;

(f) for condenser fan motors of under one horsepower, either electronically commutated motors, permanent split capacitor-type motors, or polyphase motors of one-half horsepower or more; and

(g) for all interior lights, light sources with an efficacy of 40 lumens per watt or more, including ballast losses, if any. Light sources with an efficacy of 40 lumens per watt or less, including ballast losses, if any, may be used in conjunction with a timer or device that turns off the lights within 15 minutes of when the walk-in is not occupied;

(2) In addition to the requirements in subparagraph (a) of paragraph (1) of this subsection, walk-in refrigerators and freezers with transparent reach-in doors shall meet the following requirements:

(a) transparent reach-in doors and windows in walk-in doors for walk-in freezers shall be of triple-pane glass with either heat-reflective treated glass or gas fill;

(b) transparent reach-in doors and windows in walk-in doors for walk-in refrigerators shall be either double-pane glass with heat-reflective treated glass and gas fill or triple pane glass with either heat-reflective treated glass or gas fill;

(c) if the appliance has an anti-sweat heater without anti-sweat heat controls, then the appliance shall have a total door rail, glass, and frame heater power draw of no more than 7.1 watts per square foot of door opening for freezers and 3.0 watts per square foot of door opening for refrigerators; and

(d) 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 more than 7.1 watts per square foot of door opening for freezers and 3.0 watts per square foot of door opening for refrigerators, then 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.

5. (New section) The Board of Public Utilities ¹and the Commissioner of Community Affairs¹, in consultation with the Commissioner of Environmental Protection, may establish, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), increased efficiency standards on the products listed in section 3 of P.L.2005, c.42 (C.48:3-101) and section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill). The board ¹and the Commissioner of Community Affairs¹, in consultation with the ¹[commissioner] Commissioner of Environmental Protection¹, also may, pursuant to the "Administrative Procedure Act," establish standards for products not specifically listed in section 3 of P.L.2005, c.42 (C.48:3-101) and section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill). In considering such new or amended standards, the board ¹and the Commissioner of Community Affairs¹, in consultation with the ¹[commissioner] Commissioner of Environmental Protection¹, 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 rules or regulations establishing the increased efficiency standards. ¹Rules and regulations adopted by the Commissioner of Community Affairs pursuant to the “State Uniform Construction Code Act,” P.L.1975, c.217 (C.52:27D-119 et seq.) and P.L.2005, c.42 (C.48:3-99 et seq.) shall require that all such new products, when used in construction or installed in a building or structure, conform to any such new or increased efficiency standards that may be applicable.¹ The board may apply for a waiver of federal preemption in accordance with federal procedures set forth at 42 U.S.C. s.6297 (d) for those products regulated by the federal government.

(cf: P.L.2005, c.42, s.3)

6. Section 4 of P.L.2005, c.42 (C.48:3-102) is amended to read as follows:

4. a. Except as provided in subsection c. of this section, within two years of the effective date of [this act] P.L.2005, c.42 (C.48:3-99 et seq.), no new product of a type set forth in subsection a. of section 2 of [this act] P.L.2005, c.42 (C.48:3-100) 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 rules and regulations adopted pursuant to section 3 of [this act] P.L.2005, c.42 (C.48:3-101). ¹The sale or offering for sale of any new product in violation of this section, if there is no regular or intended use of the product other than in building construction or installation in a building or structure, or if the product is publicly advertised or otherwise promoted for use in building construction or installation in a building or structure, shall constitute a violation of paragraph (5) of subsection a. of section 20 of P.L.1975, c.217 (C.52:27D-138).¹

b. Except as provided in subsection c. of this section, within three years of the effective date of [this act] P.L.2005, c.42 (C.48:3-99 et seq.), no new product for a type set forth in subsection a. of section 2 of [this act] P.L.2005, c.42 (C.48:3-100) may be installed in the State unless the energy efficiency of the new product meets or exceeds the efficiency standards set forth in the rules and regulations adopted pursuant to section 3 of [this act] P.L.2005, c.42 (C.48:3-101).

c. The standards for commercial refrigerator, freezer, and refrigerator-freezer equipment and for air-cooled very large commercial package air conditioning and heating equipment become effective for equipment sold or installed in this State on or after January 1, 2010.

d. (1) ¹[On or after June 1, 2009] Beginning one year after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill)¹ , no new product of a type set forth in subsection b. of section 2 of ¹[P.L. , c. (C. ) (pending before the Legislature as this bill)] P.L.2005, c.42 (C.48:3-100)¹ may be sold or offered for sale in the State unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the rules and regulations adopted pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(2) Notwithstanding the provisions of paragraph (1) of this subsection, residential pool pumps that do not meet the efficiency standards contained in paragraph (2) of subsection h. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) may be sold or installed in the State until June 1, 2010.

e. No later than six months after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the ¹[commissioner] Commissioner of Community Affairs¹, in consultation with the Attorney General, shall determine if implementation of State standards for residential furnaces and residential boilers requires a waiver from federal preemption. The ¹[commissioner] Commissioner of Community Affairs¹ shall make separate determinations for each part of the State standards including minimum AFUE, maximum electricity ratio and any prescriptive requirements. If the ¹[commissioner] Commissioner of Community Affairs¹ determines that a waiver from federal preemption is not needed for any part, then on or after January 1, 2009, or the date which is one year after the date of that determination, if later, no new residential furnace or residential boiler may be sold or offered for sale in the State unless the efficiency of the new product meets or exceeds the applicable non-preempted part of the efficiency standards set forth in the rules and regulations adopted pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill). If the ¹[commissioner] Commissioner of Community Affairs¹ determines that a waiver from federal preemption is required for all or part of the State standards, then the commissioner shall apply for such waiver within one year of that determination. Upon approval of the waiver application, the applicable State standards shall go into effect at the earliest date permitted by federal law.

f. On or after June 1, 2010, no new product, except for residential pool pumps, of a type set forth in subsection b. of section 2 of P.L.2005, c.42 (C.48:3-100) may be installed in the State unless the energy efficiency of the new product meets or exceeds the efficiency standards set forth in the rules and regulations adopted pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

g. On or after June 1, 2011, no new residential pool pumps may be installed in the State unless the energy efficiency of the residential pool pump meets or exceeds the efficiency standards set forth in the rules and regulations adopted pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2005, c.42, s.4)

7. Section 5 of P.L.2005, c.42 (C.48:3-103) is amended to read as follows:

5. a. The Board of Public Utilities ¹and the Commissioner of Community Affairs¹ , 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] P.L.2005, c.42 (C.48:3-100) if such procedures are not ¹already¹ provided for in the ¹[standard building code of New Jersey] State Uniform Construction Code adopted pursuant to P.L.1975, c.217 (C.52:27D-119 et seq.)¹. The board ¹and the Commissioner of Community Affairs¹ 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 ¹[standard building code of New Jersey] State Uniform Construction Code¹ .

b. Manufacturers of new products covered by section 2 of [this act] P.L.2005, c.42 (C.48:3-100), ¹[except for single voltage external AC to DC power supplies, walk-in refrigerators, and walk-in freezers,]¹ shall certify to the board ¹and to the Commissioner of Community Affairs¹ that such products are in compliance with the provisions of [this act] P.L.2005, c.42 (C.48:3-99 et seq.) ¹or with applicable preemptive federal standards, as the case may be¹. The board ¹and the Commissioner of Community Affairs¹, in consultation with the ¹[commissioner] Commissioner of Environmental Protection¹, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and 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] P.L.2005, c.42 (C.48:3-100) 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] P.L.2005, c.42 (C.48:3-101) and section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), the ¹[commissioner] board¹ shall: (1) charge the manufacturer of such products for the cost of product purchase and testing [,]; and (2) ¹in cooperation with the Commissioner of Community Affairs and the Commissioner of Environmental Protection,¹ provide information to the public on products found not to be in compliance with the standards.

d. Testing procedures for commercial refrigerator, freezer, and refrigerator-freezer equipment and for air-cooled very large commercial package air conditioning and heating equipment shall be as follows:

(1) commercial refrigerator, freezer, and refrigerator-freezer equipment shall be tested in accordance with the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) Standard 117-2002 - "Method of Testing Closed Refrigerators" (ANSI Approved) [.];

(2) air-cooled very large commercial package air conditioning and heating equipment shall be tested in accordance with Air-Conditioning and Refrigeration Institute Standard 340/360-2000 "Commercial and Industrial Unitary Air-Conditioning and Heat Pump Equipment" (ANSI Approved).

(cf: P.L.2005, c.42, s.5)

8. Section 6 of P.L.2005, c.42 (C.48:3-104) is amended to read as follows:

6. The Board of Public Utilities ¹and the Commissioner of Community Affairs¹ , 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] P.L.2005, c.42 (C.48:3-100) in order to determine compliance with the provisions of [this act] P.L.2005, c.42 (C.48:3-99 et seq.). The ¹[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] sale or offering for sale of any new product in violation of P.L.2005, c.42 (C.48:3-99 et seq.), if there is no regular or intended use of the product other than in building construction or installation in a building or structure, or if the product is publicly advertised or otherwise promoted for use in building construction or installation in a building or structure, shall constitute a violation of paragraph (5) of subsection a. of section 20 of P.L.1975, c.217 (C.52:27D-138¹.

(cf: P.L.2005, c.42, s.6)

9. Section 7 of P.L.2005, c.42 (C.48:3-105) is amended to read as follows:

7. 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] P.L.2005, c.42 (C.48:3-99 et seq.) and shall report the results of such investigations to the Attorney General ¹and the Commissioner of Community Affairs¹. The Attorney General may institute proceedings to enforce the provisions of [this act] P.L.2005, c.42 (C.48:3-99 et seq.). ¹In addition, the Commissioner of Community Affairs shall enforce the provisions of P.L.2005, c.42 (C.48:3-99 et seq.) pursuant to the “State Uniform Construction Code Act,” P.L.1975, c.217 (C.52:27D-119 et seq.) with regard to any violation involving building construction or installation of any equipment or device in a building or structure.¹

b. A manufacturer, distributor or retailer who violates any provision of [this act] P.L.2005, c.42 (C.48:3-99 et seq.) 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] P.L.2005, c.42 (C.48:3-99 et seq.) shall constitute a separate offense, and each day that the violation continues shall constitute a separate offense. Penalties assessed under [this act] P.L.2005, c.42 (C.48:3-99 et seq.) are in addition to costs assessed pursuant to subsection c. of section 5 of [this act] P.L.2005, c.42 (C.48:3-103) ¹and to penalties assessed pursuant to the “State Uniform Construction Code Act,” P.L.1975, c.217 (C.52:27D-119 et seq.)¹.

(cf: P.L.2005, c.42, s.7)

10. Section 8 of P.L.2005, c.42 (C.48:3-106) is amended to read as follows:

8. The Board of Public Utilities ¹and the Commissioner of Community Affairs¹ , 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 rules and regulations as may be necessary to implement the provisions of [this act] P.L.2005, c.42 (C.48:3-99 et seq.).

(cf: P.L.2005, c.42, s.8)

11. This act shall take effect immediately.