S-3411               _______________________________________________

 

                                                   SENATE BILL NO. 4667

                        _______________________________________________

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Senators Williams, Kreidler and Halsan

 

 

Read first time 1/20/86 and referred to Committee on Energy & Utilities.

 

 


AN ACT Relating to appliance energy efficiency; and adding new sections to chapter 19.27A RCW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.     Except as provided in section 10 of this act, on or after the effective date of rules adopted by the state energy office under section 2 or 3 of this act, no person may advertise to sell, offer to sell, or sell any new appliance that does not meet the energy efficiency standards established in such rules.

 

          NEW SECTION.  Sec. 2.     (1) Before January 1, 1988, the state energy office shall adopt by rule energy efficiency standards for freezers, refrigerators, refrigerator-freezers, and water heaters.

          (2) In establishing or updating energy efficiency standards adopted under subsection (1) of this section, the state energy office shall adopt standards equivalent to appliance energy efficiency requirements in effect at that time or scheduled to take effect under the laws of the state of California, unless the office finds that the California standards are not economically justified.  If the state energy office finds that the California standards are not economically justified, the state energy office may adopt any other standards that it finds economically justified.  In determining whether a standard is economically justified, the state energy office shall use the estimated life-cycle costs to consumers over the equipment service life of the appliance.  No standard may be adopted that results in additional estimated total costs to the consumer over the equipment service life of the appliance.

 

 

          NEW SECTION.  Sec. 3.     (1) Not later than January 1, 1989, and every four years thereafter, the state energy office shall determine the appropriateness of adopting additional appliance energy efficiency standards.  If the office finds it is appropriate, the office shall adopt by rule additional energy efficiency standards for any appliance that consumes a significant amount of energy on a state-wide basis.

          (2) In determining whether to adopt additional energy efficiency standards under subsection (1) of this section, the office shall consider:

          (a) The long-term economic efficiency of additional energy conservation in the state;

          (b) Any standards adopted by other states or the federal government; and

          (c) The costs and benefits to consumers of additional energy conservation for new appliances.

          (3) If the office determines that it is appropriate to adopt additional energy efficiency standards under this section, the office shall establish only such standards that the office determines to be feasible and attainable, and economically justified.  In determining whether a standard is economically justified, the state energy office shall use the estimated life-cycle costs to consumers over the equipment service life of the appliance.  No standard may be adopted that results in additional estimated total costs to the consumer over the equipment service life of the appliance.

          (4) Notwithstanding any other provision of this section, the office shall not establish additional energy efficiency standards under this section for any appliance that will conflict with chapter 19.27 RCW.

 

          NEW SECTION.  Sec. 4.     Before the effective date of rules adopted by the state energy office under section 2 or 3 of this act, the state energy office shall establish by rule:

          (1) A program administered by the state energy office to certify that new appliances comply with the energy efficiency standards adopted under section 2 or 3 of this act, which may include accepting certification of any appliance by another jurisdiction that has standards at least as stringent as the standards adopted under section 2 or 3 of this act; and

          (2) An application fee to be submitted to the state energy office by a manufacturer, dealer, or seller applying for certification of an appliance.

 

          NEW SECTION.  Sec. 5.     The state energy office shall review standards established under sections 2 and 3 of this act at least every four years to determine whether it is appropriate to update the standards according to the criteria set forth in section 3 of this act.

 

          NEW SECTION.  Sec. 6.     No new appliance of the type for which energy efficiency standards have been established under section 2 or 3 of this act may be advertised for sale, offered for sale, or sold on or after the effective date of the rules established by the state energy office unless the date of manufacture of the appliance is permanently displayed in an accessible place on the appliance.

 

          NEW SECTION.  Sec. 7.     A person who sells a new appliance that does not comply with the energy efficiency standards established under section 2 or 3 of this act has committed an act in violation of RCW 19.86.020.

 

          NEW SECTION.  Sec. 8.     Sections 2 and 3 of this act do not apply to a used appliance.  As used in this section, "used appliance" means any appliance that has been sold, bargained, exchanged, or given away or has had its ownership transferred from the person who first acquired the appliance from the manufacturer or the manufacturer's dealer or agent, and so used to have become what is commonly known as "second hand" within the ordinary meaning of that term.

 

          NEW SECTION.  Sec. 9.     To aid and advise the state energy office in the adoption of energy efficiency standards under sections 2 and 3 of this act, the director of the state energy office may establish an advisory committee.

 

          NEW SECTION.  Sec. 10.    Notwithstanding section 1 of this act, a person may, prior to two years after the effective date of any rule adopted by the state energy office under section 2 or 3 of this act, advertise to sell, offer to sell, or sell an appliance manufactured before the effective date of the energy efficiency standards whether or not the appliance complies with the standards that became effective after the appliance was manufactured.

 

          NEW SECTION.  Sec. 11.    No rule adopted by the state energy office under section 2 or 3 of this act may take effect earlier than twelve months after final adoption of the rule.

 

          NEW SECTION.  Sec. 12.    Standards adopted under section 2 or 3 of this act are in addition to, and may be more stringent than, any other requirements established by law.

 

          NEW SECTION.  Sec. 13.    By January 1, 1988, and each year thereafter,  the director of the state energy office shall submit a report to the governor and the legislature regarding the actions of the state energy office under sections 1 through 12 of this act.

 

          NEW SECTION.  Sec. 14.    Sections 1 through 13 of this act are each added to chapter 19.27A RCW.