FINAL BILL REPORT

2SHB 1444

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 286 L 19

Synopsis as Enacted

Brief Description: Concerning appliance efficiency standards.

Sponsors: House Committee on Appropriations (originally sponsored by Representatives Morris, Fitzgibbon, Tarleton and Ormsby; by request of Department of Commerce).

House Committee on Environment & Energy

House Committee on Appropriations

Senate Committee on Environment, Energy & Technology

Senate Committee on Ways & Means

Background:

Appliance Efficiency and Testing Standards.

Federal law generally allows states to establish minimum efficiency and testing standards for products that are not covered by federal appliance efficiency regulations. Once a federal efficiency standard is established for a given appliance, the federal standard will preempt existing state standards unless the state is granted a waiver of federal preemption. Appliances for which federal efficiency and testing standards have been established include:

Washington law sets minimum efficiency and testing standards for several categories of appliances sold, offered for sale, or installed in the state, including:

The Department of Commerce (Department) may recommend updates to the state appliance efficiency and testing standards. The Department may also recommend establishing state standards for additional non-federally covered appliances. In making its recommendations, the Department must use certain criteria, including that:

Water Conservation Performance Standards.

The State Building Code Council is required to adopt rules that implement and incorporate water conservation performance standards for certain plumbing fixtures. The state water conservation performance standards supersede all local government codes. After July 1, 1990, cities, towns, and counties may not amend or otherwise adopt water conservation performance standards for certain plumbing fixtures.

Retail Electric Customer Privacy and Consumer Protection.

An electric utility may not sell private or proprietary customer information. An electric utility may not disclose private or proprietary customer information with or to its affiliates, subsidiaries, or any other third party for the purposes of marketing services or product offerings to a retail electric customer who does not already subscribe to that service or product, unless the utility has first obtained the customer's written or electronic permission to do so.

Disclosure or sale of private or proprietary customer information by a third party, when prohibited by a contract with the electric utility, is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the Consumer Protection Act.

Any other person who legally possess private or proprietary retail electric customer information that is captured or obtained for a commercial purpose may not sell, lease, or otherwise disclose the private or proprietary customer information to another person unless:

Summary:

Repeal of Federally Preempted Appliance Efficiency and Testing Standards.

The state appliance efficiency and testing standards for the following products have been preempted by federal standards and are repealed:

Amendments to Existing State Appliance Efficiency and Testing Standards.

Beginning January 1, 2020, portable electric spas must meet the efficiency requirements of, and be tested in accordance with, the American National Standards for Portable Electric Spa Energy Efficiency (ANSI/APSP/ICC-14 2014).

Beginning July 19, 2021, residential pool pumps must meet requirements specified in the dedicated-purpose pool pump rules published by the United States Department of Energy on January 18, 2017, and effective on May 18, 2017.

Showerhead tub spout diverter combinations and showerheads must meet the requirements in the California Code of Regulations, Title 20, section 1605.3 in effect as of January 1, 2018.

The idle energy rate of commercial hot food holding cabinets must be determined using the ANSI/ASTM F2140-11 standard test methods for the performance of hot food holding cabinets.

The state standards for hot water dispensers, bottle-type water dispensers, and point-of-use water dispensers expire on January 1, 2020.

New State Appliance Efficiency and Testing Standards.

State appliance efficiency and testing standards are established for the following appliances:

If manufactured on or after January 1, 2021, the following appliances may not be sold or offered for sale, lease or rent in the state unless they meet the state's efficiency standards:

No new general service lamp manufactured on or after January 1, 2020, may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the state's efficiency standards.

No new air compressor manufactured on or after January 1, 2022, may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the state's efficiency standards.

No new portable air conditioner manufactured on or after February 1, 2022, may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the state's efficiency standards.

No new high color rendering index fluorescent lamps may be sold or offered for sale in the state after January 1, 2023, unless the efficiency of the new product meets or exceeds the state's efficiency standards. The Department of Commerce (Department) may establish by rule an earlier effective date, not before January 1, 2022, if the State of California adopts a comparable standard with an effective date before January 1, 2023.

Electric Storage Water Heater Design Requirements.

An electric storage water heater, if manufactured on or after January 1, 2021, may not be installed, sold, or offered for sale, lease, or rent in the state unless it has a modular demand response communications port compliant with certain standards.

The Department may establish a later effective date for, or suspend enforcement of, requirements for electric storage water heaters if the Department determines that doing so is in the public interest.

Private and proprietary customer information collected, stored, conveyed, transmitted, or retrieved by an electric storage water heater equipped with a modular demand response port is subject to retail electric customer privacy and consumer protection provisions.

An electric utility supplying electricity to a building in which an electric storage water heater that meets the design requirements has been installed may not, without first having obtained in writing the customer's affirmative consent, alter or otherwise require the utility customer to alter the usage of electricity or water relating to the electric storage water heater on the basis of information collected by the electric storage water heater or any associated device.

Department of Commerce.

The Department may adopt rules that incorporate by reference federal efficiency standards for federally covered products only as the standards existed on January 1, 2018. The Department, in consultation with the Office of the Attorney General, must regularly submit a report to the Legislature on federal standards that preempt the state appliance efficiency and testing standards. Any report on federal preemption must be transmitted at least 30 days before the state of any regular legislative session.

The Department may adopt by rule more recent versions of any state efficiency standard or test method, including any product definition associated with the standard or test method, in order to maintain or improve consistency with other comparable standards in other states.

Repeal of Certain Water Conservation Performance Standards.

The following provisions are repealed:

Votes on Final Passage:

House

57

41

Senate

26

22

(Senate amended)

House

55

39

(House concurred)

Effective:

July 28, 2019