BILL REQ. #: H-0631.3
| State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 02/04/13.
AN ACT Relating to creating new efficiency standards; amending RCW 19.260.030, 19.260.040, 19.260.050, and 19.27.170; reenacting and amending RCW 19.260.020; and adding a new section to chapter 19.27 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 19.260.020 and 2009 c 565 s 18 and 2009 c 501 s 1 are
each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter
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. It may also include
integrated components for storing or dispensing ice, or both.
(2) "Bottle-type water dispenser" means a water dispenser that uses
a bottle or reservoir as the source of potable water.
(3) "Commercial hot food holding cabinet" means a heated, fully
enclosed compartment, with one or more solid or partial 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"
does not include heated glass merchandising cabinets, drawer warmers,
or cook and hold appliances.
(4)(a) "Commercial refrigerators and freezers" means refrigerators,
freezers, or refrigerator-freezers designed for use by commercial or
institutional facilities for the purpose of storing or merchandising
food products, beverages, or ice at specified temperatures that: (i)
Incorporate most components involved in the vapor-compression cycle and
the refrigerated compartment in a single cabinet; and (ii) may be
configured with either solid or transparent doors as a reach-in
cabinet, pass-through cabinet, roll-in cabinet, or roll-through
cabinet.
(b) "Commercial refrigerators and freezers" does not include: (i)
Products with 85 cubic feet or more of internal volume; (ii) walk-in
refrigerators or freezers; (iii) consumer products that are federally
regulated pursuant to 42 U.S.C. Sec. 6291 et seq.; (iv) products
without doors; or (v) freezers specifically designed for ice cream.
(5) "Compensation" means money or any other valuable thing,
regardless of form, received or to be received by a person for services
rendered.
(6) "Cook and hold appliance" means a multiple mode appliance
intended for cooking food that may be used to hold the temperature of
the food that has been cooked in the same appliance.
(7) "Department" means the department of commerce.
(8) "Drawer warmer" means an appliance that consists of one or more
heated drawers and that is designed to hold hot food that has been
cooked in a separate appliance at a specified temperature.
(9) "Heated glass merchandising cabinet" means an appliance with a
heated cabinet constructed of glass or clear plastic doors which, with
seventy percent or more clear area, is designed to display and maintain
the temperature of hot food that has been cooked in a separate
appliance.
(10) "Hot water dispenser" means a small electric water heater that
has a measured storage volume of no greater than one gallon.
(11) "Mini-tank electric water heater" means a small electric water
heater that has a measured storage volume of more than one gallon and
a rated storage volume of less than twenty gallons.
(12) "Pass-through cabinet" means a commercial refrigerator or
freezer with hinged or sliding doors on both the front and rear of the
unit.
(13) "Point-of-use water dispenser" means a water dispenser that
uses a pressurized water utility connection as the source of potable
water.
(14) "Pool heater" means an appliance designed for heating
nonpotable water contained at atmospheric pressure for swimming pools,
spas, hot tubs, and similar applications.
(15) "Portable electric spa" means a factory-built electric spa or
hot tub, supplied with equipment for heating and circulating water.
(16) "Reach-in cabinet" means a commercial refrigerator or freezer
with hinged or sliding doors or lids, but does not include roll-in or
roll-through cabinets or pass-through cabinets.
(17) "Residential pool pump" means a pump used to circulate and
filter pool water in order to maintain clarity and sanitation.
(18)(a) "Roll-in cabinet" means a commercial refrigerator or
freezer with hinged or sliding doors that allow wheeled racks of
product to be rolled into the unit.
(b) "Roll-through cabinet" means a commercial refrigerator or
freezer with hinged or sliding doors on two sides of the cabinet that
allow wheeled racks of product to be rolled through the unit.
(19) "Showerhead" means a device through which water is discharged
for a shower bath.
(20) "Showerhead tub spout diverter combination" means a group of
plumbing fittings sold as a matched set and consisting of a control
valve, a tub spout diverter, and a showerhead.
(21) "State-regulated incandescent reflector lamp" means a lamp
that is not colored or designed for rough or vibration service
applications, has 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 falls
into one of the following categories:
(a) A bulged reflector or elliptical reflector bulb shape and which
has a diameter which equals or exceeds 2.25 inches; or
(b) A reflector, parabolic aluminized reflector, or similar bulb
shape and which has a diameter of 2.25 to 2.75 inches.
(22) "Tub spout diverter" means a device designed to stop the flow
of water into a bathtub and to divert it so that the water discharges
through a showerhead.
(23) "Wine chillers designed and sold for use by an individual"
means refrigerators designed and sold for the cooling and storage of
wine by an individual.
(24) "Battery charger systems" means a battery charger coupled with
its batteries or battery chargers coupled with their batteries, which
together are referred to as battery charger systems. This term covers
all rechargeable batteries or devices incorporating a rechargeable
battery and the chargers used with them. The charging circuitry of
battery charger systems may or may not be located within the housing of
the end-use device itself. In many cases, the battery may be charged
with a dedicated external charger and power supply combination that is
separate from the device that runs on power from the battery. Battery
charger systems include, but are not limited to:
(a) Electronic devices with a battery that are normally charged
with AC line voltage or DC input voltage through an internal or
external power supply and a dedicated battery charger;
(b) The battery and battery charger components of devices that are
designed to run on battery power during part or all of their
operations;
(c) Dedicated battery systems primarily designed for electrical or
emergency backup; and
(d) Devices whose primary function is to charge batteries, along
with the batteries they are designed to charge. These units include
chargers for power tool batteries and chargers for automotive, AA, AAA,
C, D, or 9 V rechargeable batteries, as well as chargers for batteries
used in larger industrial motive equipment and a la carte chargers.
(25) "À la carte charger" means a battery charger that is
individually packaged without batteries. "À la carte charger" includes
those with multivoltage or multiport capabilities.
(26) "Battery analyzer" means a device:
(a) Used to analyze and report a battery's performance and overall
condition;
(b) Capable of being programmed and performing service functions to
restore capability in deficient batteries; and
(c) Not intended or marketed to be used on a daily basis for the
purpose of charging batteries.
(27) "Illuminated exit sign" means:
(a) A sign that is designed to be permanently fixed in place to
identify an exit; and
(b) A sign that: (i) Consists of an electrically powered integral
light source that illuminates the legend "EXIT" and any directional
indicators; and (ii) provides contrast between the legend, any
directional indicators, and the background.
(28) "Large battery charger system" means a battery charger system,
other than a battery charger system for golf carts, with a rated input
power of more than two kilowatts.
(29) "Small battery charger system" means a battery charger system
with a rated input power of two kilowatts or less, and includes golf
cart battery charger systems regardless of the output power.
(30) "High light output double-ended quartz halogen lamp" means a
lamp that:
(a) Is designed for general outdoor lighting purposes;
(b) Contains a tungsten filament;
(c) Has a rated initial lumen value of greater than 6,000 and less
than 40,000 lumens;
(d) Has at each end a recessed single contact, R7s base;
(e) Has a maximum overall length between four and eleven inches;
(f) Has a nominal diameter less than 3/4 inch;
(g) Is designed to be operated at a voltage not less than 110 volts
and not greater than 200 volts or is designed to be operated at a
voltage between 235 volts and 300 volts;
(h) Is not a tubular quartz infrared heat lamp; and
(i) Is not a lamp marked and marketed as a stage and studio lamp
with a rated life of 500 hours or less.
(31) "Consumer product" means any article, other than an
automobile, as defined in 49 U.S.C. Sec. 32901(a)(3):
(a) Of a type which in operation consumes, or is designed to
consume, energy or, with respect to showerheads, faucets, water
closets, and urinals, water; and which, to any significant extent, is
distributed in commerce for personal use or consumption by individuals;
(b) Without regard to whether such an article of such type is in
fact distributed in commerce for personal use or consumption by an
individual, except that the term includes fluorescent lamp ballasts,
general service fluorescent lamps, incandescent reflector lamps,
showerheads, faucets, water closets, and urinals distributed in
commerce for personal or commercial use or consumption.
Sec. 2 RCW 19.260.030 and 2009 c 501 s 2 are each amended to read
as follows:
(1) This chapter applies to the following types of new products
sold, offered for sale, or installed in the state:
(a) Automatic commercial ice cube machines;
(b) Commercial refrigerators and freezers;
(c) State-regulated incandescent reflector lamps;
(d) Wine chillers designed and sold for use by an individual;
(e) Hot water dispensers and mini-tank electric water heaters;
(f) Bottle-type water dispensers and point-of-use water dispensers;
(g) Pool heaters, residential pool pumps, and portable electric
spas;
(h) Tub spout diverters; ((and))
(i) Commercial hot food holding cabinets;
(j) High light output double-ended quartz halogen lamps; and
(k) Battery charger systems, except those:
(i) Used to charge a motor vehicle that is powered by an electric
motor drawing current from rechargeable storage batteries, fuel cells,
or other portable sources of electrical current, and which may include
a nonelectrical source of power designed to charge batteries and
components thereof. This exception does not apply to forklifts or
autoettes, electric personal assistive mobility devices, golf carts,
and low-speed vehicles, as those vehicles are defined in division 1 of
the California vehicle code in effect as of the effective date of this
section;
(ii) That are classified as class II or class III devices for human
use under the federal food, drug, and cosmetic act as of the effective
date of this section and require United States food and drug
administration listing and approval as a medical device;
(iii) Used to charge a battery or batteries in an illuminated exit
sign;
(iv) With input that is three phase of line-to-line three hundred
volts root mean square or more and is designed for a stationary power
application;
(v) That are battery analyzers; or
(vi) That are voltage independent or voltage and frequency
independent uninterruptible power supplies as defined by the
international electrotechnical commission 62040-3 ed.2.0 as of the
effective date of this section.
(2) This chapter applies equally to products whether they are sold,
offered for sale, or installed as stand-alone products or as components
of other products.
(3) This chapter does not apply to:
(a) New products manufactured in the state and sold outside the
state;
(b) New products manufactured outside the state and sold at
wholesale inside the state for final retail sale and installation
outside the state;
(c) Products installed in mobile manufactured homes at the time of
construction; or
(d) Products designed expressly for installation and use in
recreational vehicles.
Sec. 3 RCW 19.260.040 and 2009 c 501 s 3 are each amended to read
as follows:
The minimum efficiency standards specified in this section apply to
the types of new products set forth in RCW 19.260.030.
(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:
| Equipment type | Type of cooling | Harvest rate (lbs. ice/24 hrs.) | Maximum energy use (kWh/100 lbs.) | Maximum condenser water use (gallons/100 lbs. ice) |
| Ice-making head | water | <500 | 7.80 - .0055H | 200 - .022H |
| > | 5.58 - .0011H | 200 - .022H | ||
| > | 4.0 | 200 - .022H | ||
| Ice-making head | air | 450 | 10.26 - .0086H | Not applicable |
| > | 6.89 - .0011H | Not applicable | ||
| Remote condensing but not remote compressor | air | <1000 | 8.85 - .0038 | Not applicable |
| > | 5.10 | Not applicable | ||
| Remote condensing and remote compressor | air | <934 | 8.85 - .0038H | Not applicable |
| > | 5.3 | Not applicable | ||
| Self-contained models | water | <200 | 11.40 - .0190H | 191 - .0315H |
| > | 7.60 | 191 - .0315H | ||
| Self-contained models | air | <175 | 18.0 - .0469H | Not applicable |
| > | 9.80 | Not applicable | ||
| Where H | ||||
| Equipment Type | Doors | Maximum Daily Energy Consumption (kWh) |
| Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are refrigerators | Solid | 0.10V+ 2.04 |
| Transparent | 0.12V+ 3.34 | |
| Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are "pulldown" refrigerators | Transparent | .126V+ 3.51 |
| Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are freezers | Solid | 0.40V+ 1.38 |
| Transparent | 0.75V+ 4.10 | |
| Reach-in cabinets that are refrigerator-freezers with an AV of 5.19 or higher | Solid | 0.27AV - 0.71 |
| kWh V AV | ||
| Product or compartment type | Integrated average product temperature in degrees Fahrenheit |
| Refrigerator | 38+ 2 |
| Freezer | 0+ 2 |
| Maximum Leakage Rate | ||
| Appliance | Testing Conditions | Effective January 1, 2009 |
| When new | 0.01 gpm | |
| Tub spout diverters | After 15,000 cycles of diverting | 0.05 gpm |
Sec. 4 RCW 19.260.050 and 2009 c 501 s 4 are each amended to read
as follows:
(1) No new commercial refrigerator or freezer or state-regulated
incandescent reflector lamp manufactured on or after January 1, 2007,
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
RCW 19.260.040. No new automatic commercial ice cube machine
manufactured on or after January 1, 2008, 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 RCW 19.260.040.
(2) On or after January 1, 2008, no new commercial refrigerator or
freezer or state-regulated incandescent reflector lamp manufactured on
or after January 1, 2007, may be installed for compensation in the
state unless the efficiency of the new product meets or exceeds the
efficiency standards set forth in RCW 19.260.040. On or after January
1, 2009, no new automatic commercial ice cube machine manufactured on
or after January 1, 2008, may be installed for compensation in the
state unless the efficiency of the new product meets or exceeds the
efficiency standards set forth in RCW 19.260.040.
(3) Standards for state-regulated incandescent reflector lamps are
effective on the dates specified in subsections (1) and (2) of this
section.
(4) The following products, if manufactured on or after January 1,
2010, may not be sold or offered in the state unless the efficiency of
the new product meets or exceeds the efficiency standards set forth in
RCW 19.260.040:
(a) Wine chillers designed and sold for use by an individual;
(b) Hot water dispensers and mini-tank electric water heaters;
(c) Bottle-type water dispensers and point-of-use water dispensers;
(d) Pool heaters, residential pool pumps, and portable electric
spas;
(e) Tub spout diverters; and
(f) Commercial hot food holding cabinets.
(5) The following products, if manufactured on or after January 1,
2010, may not be installed for compensation in the state on or after
January 1, 2011, unless the efficiency of the new product meets or
exceeds the efficiency standards set forth in RCW 19.260.040:
(a) Wine chillers designed and sold for use by an individual;
(b) Hot water dispensers and mini-tank electric water heaters;
(c) Bottle-type water dispensers and point-of-use water dispensers;
(d) Pool heaters, residential pool pumps, and portable electric
spas;
(e) Tub spout diverters; and
(f) Commercial hot food holding cabinets.
(6)(a) Except as provided in (b) and (c) of this subsection, large
and small battery charger systems, if manufactured on or after January
1, 2014, may not 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 RCW 19.260.040.
(b) Small battery charger systems that are not consumer products,
if manufactured on or after January 1, 2017, may not 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 RCW 19.260.040.
(c) Battery backup and uninterruptible power supplies that are not
consumer products, if manufactured on or after January 1, 2017, may not
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 RCW
19.260.040.
(7) Large and small battery charger systems, if manufactured on or
after January 1, 2014, may not be installed for compensation in the
state on or after January 1, 2015, unless the efficiency of the new
product meets or exceeds the efficiency standards set forth in RCW
19.260.040.
(8) A high light output double-ended quartz halogen lamp, if
manufactured on or after January 1, 2014, may not 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 RCW 19.260.040.
(9) A high light output double-ended quartz halogen lamp, if
manufactured on or after January 1, 2014, may not be installed for
compensation in the state on or after January 1, 2015, unless the
efficiency of the new product meets or exceeds the efficiency standards
set forth in RCW 19.260.040.
Sec. 5 RCW 19.27.170 and 1991 c 347 s 16 are each amended to read
as follows:
(1) The state building code council shall adopt rules under chapter
34.05 RCW that implement and incorporate the water conservation
performance standards in ((subsections (4) and (5))) subsection (3) of
this section. These standards shall apply to all new construction and
all remodeling involving replacement of plumbing fixtures in all
residential, hotel, motel, school, industrial, commercial use, or other
occupancies determined by the council to use significant quantities of
water.
(2) ((The legislature recognizes that a phasing-in approach to
these new standards is appropriate. Therefore, standards in subsection
(4) of this section shall take effect on July 1, 1990. The standards
in subsection (5) of this section shall take effect July 1, 1993.)) No individual, public or private corporation, firm, political
subdivision, government agency, or other legal entity may, for purposes
of use in this state, distribute, sell, offer for sale, import,
install, or approve for installation any plumbing fixtures unless the
fixtures meet the standards as provided for in this section.
(3)
(((4) Standards for water use efficiency effective July 1, 1990.))
(3)(a) Standards for waterclosets. The guideline for maximum water
use allowed in gallons per flush (gpf) for any of the following
waterclosets is the following:
| Tank-type toilets . . . . . . . . . . . . | 3.5 gpf. |
| Flushometer-valve toilets . . . . . . . . . . . . | 3.5 gpf. |
| Flushometer-tank toilets . . . . . . . . . . . . | 3.5 gpf. |
| Electromechanical hydraulic toilets . . . . . . . . . . . . | 3.5 gpf. |
| (( | |
| Lavatory faucets . . . . . . . . . . . . | (( 1.5 gpm. |
| Kitchen faucets . . . . . . . . . . . . | (( 2.2 gpm. |
| Replacement aerators . . . . . . . . . . . . | (( 2.2 gpm. |
| Public lavatory faucets other than metering . . . . . . . . . . . . | 0.5 gpm. |
NEW SECTION. Sec. 6 A new section is added to chapter 19.27 RCW
to read as follows:
(1) Any city or county may enact an ordinance authorizing the sale
and installation of plumbing fixtures that do not comply with RCW
19.260.040 upon its determination that either the unique configuration
of building drainage systems or portions of a public sewer system
within the jurisdiction, or both, require a greater quantity of water
to flush the system in a manner consistent with public health. At the
request of a public agency providing sewer services within the
jurisdiction, the city or county shall hold a public hearing on the
need for an ordinance as provided in this subsection. Prior to the
hearing or the enactment of the ordinance, those agencies responsible
for the provision of water and sewer services within the jurisdiction,
if different than the agency considering adoption of the ordinance,
must be given at least thirty days' notice of the meeting at which the
ordinance may be considered or adopted.
(2) Notwithstanding RCW 19.27.170, water closets and urinals that
do not meet the efficiency standards referenced in RCW 19.27.170 may be
sold or installed for compensation in the state if one of the following
circumstances is met:
(a) Installation of the water closet or urinal in compliance with
the efficiency standards outlined in RCW 19.27.170 would require
modifications to plumbing system components located beneath a finished
wall or surface; or
(b) The nonlow consumption water closets, urinals, and flushometer
valves, if any, would be installed in a home or building that has been
identified by a local, state, or federal governmental entity as a
historical site and historically accurate water closets and urinals
that comply with the flush volumes specified in RCW 19.27.170 are not
available.
(3) This section does not preempt any actions taken by cities,
counties, or water or sewer districts that prescribe more restrictive
conservation requirements affecting either:
(a) The sale, installation, or use of low consumption water
closets, urinals, showerheads, faucets, metered faucets, and
flushometer valves; or
(b) The continued use of nonlow consumption water closets, urinals,
showerheads, faucets, metered faucets, or flushometer valves.
(4) This section does not grant any new or additional powers to
cities, counties, or water or sewer districts to promulgate or
establish laws, ordinances, regulations, or rules governing the sale,
installation, or use of low consumption water closets, urinals,
showerheads, faucets, metered faucets, or flushometer valves.
(5) Nothing in this section restricts the authority of the state
building code council to require any additional conditions on the
installation and use of nonwater-supplied urinals.