DEPARTMENT OF COMMERCE

[Filed January 6, 2020, 8:46 a.m., effective February 6, 2020]

Effective Date of Rule: Thirty-one days after filing.

Purpose: Commerce amended rules concerning the 2019 appliance standards legislation (chapter 19.260 RCW). These draft rules are the first phase of rules and include the majority of products from the legislation, notably the first in nation design requirement for electric storage water heaters.

Citation of Rules Affected by this Order: New WAC 194-24-100, 194-24-105, 194-24-110, 194-24-115, 194-24-120, 194-24-125, 194-24-130, 194-24-135, 194-24-140, 194-24-145, 194-24-150, 194-24-155, 194-24-160, 194-24-165, 194-24-170, 194-24-175 and 194-24-180; repealing WAC 194-24-040, 194-24-050 and 194-24-060; and amending WAC 194-24-020, 194-24-030, and 194-24-070.

Statutory Authority for Adoption: RCW 19.260.070.

Adopted under notice filed as WSR 19-22-098 on November 6, 2019.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 17, Amended 3, Repealed 3.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: January 6, 2020.

Chapter 194-24 WAC

APPLIANCE ((ENERGY EFFICIENCY))STANDARDS

AMENDATORY SECTION(Amending WSR 07-14-092, filed 6/29/07, effective 7/30/07)

WAC 194-24-020Purpose and scope.

The purpose of these rules is to establish efficiency standards and design requirements for certain products sold or installed in the state assuring consumers and businesses that such products meet minimum efficiency performance levels thus saving energy and money on utility bills. This chapter applies ((equally)) to products ((regardless of whether they are sold, offered for sale, or))sold or offered for sale, lease, or rent in the state, except those sold wholesale in Washington for final retail sale outside the state and those designed and sold exclusively for use in recreational vehicles, or other mobile equipment. The standards and design requirements apply regardless of whether the product is installed as a stand-alone product or as a component of another product.

AMENDATORY SECTION(Amending WSR 07-14-092, filed 6/29/07, effective 7/30/07)

WAC 194-24-030Definitions.

((The following words and terms have the following meanings for the purposes of this chapter unless otherwise indicated:

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

(3)(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.

(4) "Compensation" means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.

(5) "Department" means the department of community, trade, and economic development.

(6) "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.

(7) "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.

(8) "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.

(9) "Pass-through cabinet" means a commercial refrigerator or freezer with hinged or sliding doors on both the front and rear of the unit.

(10) "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.

(11) "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.

(12)(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.

(13)(a) "Single-voltage external AC to DC power supply" means a device that:

(i) Is designed to convert line voltage alternating current input into lower voltage direct current output;

(ii) Is able to convert to only one DC output voltage at a time;

(iii) Is sold with, or intended to be used with, a separate end-use product that constitutes the primary power load;

(iv) Is contained within a separate physical enclosure from the end-use product;

(v) Is connected to the end-use product via a removable or hard-wired male/female electrical connection, cable, cord, or other wiring; and

(vi) Has a nameplate output power less than or equal to 250 watts.

(b) "Single-voltage external AC to DC power supply" does not include:

(i) Products with batteries or battery packs that physically attach directly to the power supply unit;

(ii) Products with a battery chemistry or type selector switch and indicator light; or

(iii) Products with a battery chemistry or type selector switch and a state of charge meter.

(14) "State-regulated incandescent reflector lamp" means a lamp that is not colored or designed for rough or vibration service applications, that has an inner reflective coating on the outer bulb to direct the light, an E26 medium screw base, and a rated voltage or voltage range that lies at least partially within 115 to 130 volts, and that 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;

(b) A reflector, parabolic aluminized reflector, or similar bulb shape and which has a diameter of 2.25 to 2.75 inches.

(15)(a) "Unit heater" means a self-contained, vented fan-type commercial space heater that uses natural gas or propane, and that is designed to be installed without ducts within a heated space.

(b) "Unit heater" does not include any products covered by federal standards established pursuant to 42 U.S.C. Sec. 6291 et seq., or any product that is a direct vent, forced flue heater with a sealed combustion burner.))The definitions in chapter 19.260 RCW apply throughout this chapter.

(1) The following terms have the same meaning as used in the California Rule:

(a) Showerheads;

(b) Tub spout diverters;

(d) Lavatory faucets and replacement aerators;

(e) Kitchen faucets and replacement aerators;

(f) Public lavatory faucets and replacement aerators;

(g) Urinals;

(h) Water closets; and

(i) Computers and computer monitors.

(2) "California Rule" means Title 20, Article 4, California Code of Regulations, in effect on January 2019, revised September 2019.

(3) "MAEDbS" means the modernized appliance efficiency database system established pursuant to section 1606(c) of the California Rule and maintained by the California energy commission.

AMENDATORY SECTION(Amending WSR 07-14-092, filed 6/29/07, effective 7/30/07)

WAC 194-24-070Penalties for noncompliance.

((The energy policy division shall investigate complaints received concerning violations of these rules. Any manufacturer or distributor who violates this chapter shall be issued a warning by the director of the department for any first violation. Repeat violations are subject to a civil penalty of not more than two hundred fifty dollars per day.))In applying the penalty provision in RCW 19.260.070(6), the department may consider each unit of a noncompliant product to be a separate violation.

WAC 194-24-100Residential pool pumps.

(1) Scope. This rule applies to new residential pool pumps manufactured on or after January 1, 2010, and installed for compensation in the state on or after January 1, 2011.

(2) Standard. Through July 18, 2021, residential pool pumps must meet requirements specified in California Code of Regulations, Title 20, section 1605.3 in effect as of July 26, 2009. Beginning July 19, 2021, residential pool pumps must meet requirements specified in the dedicated-purpose pool pump rule published by the United States Department of Energy on January 18, 2017, (82 Fed. Reg. 5650) and effective on May 18, 2017.

(3) Testing. Through July 18, 2021, residential pool pumps must meet the test criteria as measured in accordance with California Code of Regulations, Title 20, section 1604 in effect as of February 5, 2018. Beginning July 19, 2021, residential pool pumps must meet the test criteria specified in the dedicated-purpose pool pump rule published by the United States Department of Energy on January 18, 2017, (82 Fed. Reg. 5650) and effective on May 18, 2017.

(4) Listing. Through July 18, 2021, each manufacturer must cause to be listed each residential pool pump, by model number, in MAEDbS.

(5) Marking. Through July 18, 2021, every unit of every residential pool pump must comply with the requirements of California Code of Regulations, Title 20, section 1607 in effect as of July 26, 2009.

WAC 194-24-105Portable electric spas.

(1) Scope. This rule applies to new portable electric spas manufactured on or after January 1, 2010, and installed for compensation in the state on or after January 1, 2011.

(2) Standard. Portable electric spas must meet the requirements of the American National Standard for portable electric spa energy efficiency (ANSI/APSP/ICC-14 2014).

(3) Testing. Portable electric spas must be tested in accordance with the method specified in the American National Standard for portable electric spa energy efficiency (ANSI/APSP/ICC-14 2014).

(4) Listing. Each manufacturer must cause to be listed each portable electric spa, by model number, in MAEDbS.

(5) Marking. Every unit of every portable electric spa must comply with the requirements of section 1607 of the California Rule.

WAC 194-24-110Tub spout diverters.

(1) Scope. This rule applies to new tub spout diverters manufactured on or after January 1, 2010, and installed for compensation in the state on or after January 1, 2011.

(2) Standard. Tub spout diverters that are within the scope and definition of the applicable regulation must meet the requirements in the California Rule, section 1605.3.

(3) Testing. Tub spout diverters must meet the testing criteria as measured in accordance with the test methods prescribed in the California Rule, section 1604.

(4) Listing. Each manufacturer must cause to be listed each tub spout diverter, by model number, in MAEDbS.

(5) Marking. Every unit of every tub spout diverter must comply with the requirements of section 1607 of the California Rule.

WAC 194-24-115Commercial hot food holding cabinets.

(1) Scope. This rule applies to new commercial hot food holding cabinets manufactured on or after January 1, 2010, and installed for compensation in the state on or after January 1, 2011.

(2) Standard. The idle energy rate of commercial hot food holding cabinets shall be no greater than 40 watts per cubic foot of measured interior volume.

(3) Testing. The idle energy rate of commercial hot food holding cabinets shall be determined using ANSI/ASTM F2140-11 standard test method for the performance of hot food holding cabinets (test for idle energy rate dry test). Commercial hot food holding cabinet interior volume shall be calculated using straight line segments following the gross interior dimensions of the appliance and using the following equation: Interior height × interior width × interior depth. Interior volume shall not account for racks, air plenums, or other interior parts.

(4) Listing. Each manufacturer must cause to be listed each commercial hot food holding cabinet, by model number, in MAEDbS.

(5) Marking. Every unit of every commercial hot food holding cabinet must comply with the requirements of section 1607 of the California Rule.

WAC 194-24-120Commercial dishwashers.

(1) Scope. This rule applies to new commercial dishwashers manufactured on or after January 1, 2021.

(2) Standard. Commercial dishwashers must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial dishwashers, version 2.0.

(3) Testing. Commercial dishwashers must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial dishwashers, version 2.0.

(4) Listing. Each manufacturer must cause to be listed each commercial dishwasher, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every commercial dishwasher must have an ENERGY STAR® label.

WAC 194-24-125Commercial fryers.

(1) Scope. This rule applies to new commercial fryers manufactured on or after January 1, 2021.

(2) Standard. Commercial fryers must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial fryers, version 2.0.

(3) Testing. Commercial fryers must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial fryers, version 2.0.

(4) Listing. Each manufacturer must cause to be listed each commercial fryer, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every commercial fryer must have an ENERGY STAR® label.

WAC 194-24-130Commercial steam cookers.

(1) Scope. This rule applies to new commercial steam cookers manufactured on or after January 1, 2021.

(2) Standard. Commercial steam cookers must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial steam cookers, version 1.2.

(3) Testing. Commercial steam cookers must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial steam cookers, version 1.2.

(4) Listing. Each manufacturer must cause to be listed each commercial steam cooker, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every commercial steam cooker must have an ENERGY STAR® label.

WAC 194-24-135Computers and computer monitors.

(1) Scope. This rule applies to new computers and computer monitors manufactured on or after January 1, 2021.

(2) Standard. Computers and computer monitors must meet the requirements of section 1605.3(v) of the California Rule.

(3) Testing. Computers and computer monitors must meet the testing requirements of section 1603 of the California Rule as measured in accordance with the test methods prescribed in section 1604(v) of the California Rule.

(4) Listing. Each manufacturer must cause to be listed each computer and computer monitor, by model number, in MAEDbS.

(5) Marking. Every unit of every computer and computer monitor must comply with the requirements of section 1607 of the California Rule.

WAC 194-24-140Faucets.

(1) Scope. This rule applies to new faucets manufactured on or after January 1, 2021.

(2) Standard. The following products that are within the scope and definition of the applicable regulation must meet the requirements in the California Rule, section 1605.3:

(a) Lavatory faucets and replacement aerators;

(b) Kitchen faucets and replacement aerators;

(3) Testing. Faucets must meet the testing criteria as measured in accordance with the test methods prescribed in the California Rule, section 1604.

(4) Listing. Each manufacturer must cause to be listed each faucet, by model number, in MAEDbS.

(5) Marking. Every unit of every faucet must comply with the requirements of section 1607 of the California Rule.

WAC 194-24-145High color rendering index (CRI) fluorescent lamps.

(1) Scope. This rule applies to new high CRI fluorescent lamps manufactured on or after January 1, 2023.

(2) Standard. High CRI fluorescent lamps must meet the requirements in 10 C.F.R. Sec. 430.32(n)(4) in effect as of January 3, 2017.

(3) Testing. High CRI fluorescent lamps must meet the testing criteria as measured in accordance with the test methods prescribed in 10 C.F.R. Sec. 430.23 (appendix R to subpart B of part 430) in effect as of January 3, 2017.

(4) Listing. There is no listing requirement for this product.

(5) Marking. Every unit of every high CRI fluorescent lamp must comply with the requirements of section 1607 of the California Rule.

WAC 194-24-150Residential ventilating fans.

(1) Scope. This rule applies to new residential ventilating fans manufactured on or after January 1, 2021.

(2) Standard. Residential ventilating fans must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for residential ventilating fans, version 3.2.

(3) Testing. Residential ventilating fans must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for residential ventilating fans, version 3.2.

(4) Listing. Each manufacturer must cause to be listed each residential ventilating fan, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every residential ventilating fan must have an ENERGY STAR® label.

WAC 194-24-155Showerheads.

(1) Scope. This rule applies to new showerheads manufactured on or after January 1, 2021.

(2) Standard. Showerheads that are within the scope and definition of the applicable regulation must meet the requirements in the California Rule, section 1605.3.

(3) Testing. Showerheads must meet the testing criteria as measured in accordance with the test methods prescribed in the California Rule, section 1604.

(4) Listing. Each manufacturer must cause to be listed each showerhead, by model number, in MAEDbS.

(5) Marking. Every unit of every showerhead must comply with the requirements of section 1607 of the California Rule.

WAC 194-24-160Spray sprinkler bodies.

(1) Scope. This rule applies to new spray sprinkler bodies manufactured on or after January 1, 2021.

(2) Standard. Spray sprinkler bodies that are not specifically excluded from the scope of the Environmental Protection Agency WaterSense program product specification for spray sprinkler bodies, version 1.0, must include an integral pressure regulator and must meet the water efficiency and performance criteria and other requirements of that specification.

(3) Testing. Spray sprinkler bodies that are not specifically excluded from the scope of the Environmental Protection Agency WaterSense program product specification for spray sprinkler bodies, version 1.0, must include an integral pressure regulator and must meet the water efficiency and performance criteria and other requirements of that specification.

(4) Listing. Each manufacturer must cause to be listed each spray sprinkler body, by model number, in the WaterSense product database.

(5) Marking. Every unit of every spray sprinkler body product package must have a WaterSense label.

WAC 194-24-165Urinals.

(1) Scope. This rule applies to new urinals manufactured on or after January 1, 2021.

(2) Standard. Urinals that are within the scope and definition of the applicable regulation must meet the requirements in the California Rule, section 1605.3.

(3) Testing. Urinals must meet the testing criteria as measured in accordance with the test methods prescribed in the California Rule, section 1604.

(4) Listing. Each manufacturer must cause to be listed each urinal, by model number, in MAEDbS.

(5) Marking. Every unit of every urinal must comply with the requirements of section 1607 of the California Rule.

WAC 194-24-170Water closets.

(1) Scope. This rule applies to new water closets manufactured on or after January 1, 2021.

(2) Standard. Water closets that are within the scope and definition of the applicable regulation must meet the requirements in the California Rule, section 1605.3.

(3) Testing. Water closets must meet the testing criteria as measured in accordance with the test methods prescribed in the California Rule, section 1604.

(4) Listing. Each manufacturer must cause to be listed each water closet, by model number, in MAEDbS.

(5) Marking. Every unit of every water closet must comply with the requirements of section 1607 of the California Rule.

WAC 194-24-175Water coolers.

(1) Scope. This rule applies to new water coolers manufactured on or after January 1, 2021.

(2) Standard. Water coolers included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for water coolers, version 2.0 must have an on mode with no water draw energy consumption less than or equal to the following values:

(a) 0.16 kilowatt-hours per day for cold-only units and cook and cold units;

(b) 0.87 kilowatt-hours per day for storage type hot and cold units; and

(3) Testing. Water coolers must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for water coolers, version 2.0.

(4) Listing. Each manufacturer must cause to be listed each water cooler, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every water cooler must have an ENERGY STAR® label.

WAC 194-24-180Electric storage water heaters.

(1) Scope. This rule applies to new electric storage water heaters manufactured on or after January 1, 2021. The effective date of the rule is suspended until January 1, 2022, for electric storage water heaters other than heat pump type water heaters.

(2) Standard. Electric storage water heaters must have a modular demand response communications port compliant with:

(a) The March 2018 version of the ANSI/CTA–2045-A communication interface standard, or a standard determined by the department to be equivalent; and

(b) The March 2018 version of the ANSI/CTA-2045-A application layer requirements.

The interface standard and application layer requirements required in this subsection are the versions established in March 2018.

(3) Upon written request by a manufacturer, the department will determine whether an alternative communications port and communication interface standard are equivalent for the purposes of subsection (2) of this section.

(a) Any requested alternative must use a standard that is open and widely available and must provide the demand response functions provided using the standards identified in subsection (2) of this section.

(b) A request for designation of a standard must provide technical documentation demonstrating that the standard satisfies the requirements in (a) of this subsection and must describe any industry or stakeholder process used in developing the standard. The department will provide reasonable opportunity for input by utilities, manufacturers, technical experts and other interested stakeholders prior to determining whether the proposed standard is equivalent. The department will make available on a publicly accessible website any standard that it determines to be equivalent.

(4) Testing. There is no test method required for this product.

(5) Listing. There is no listing requirement for this product.

(6) Marking. Every unit of every electric storage water heater must have a label or marking indicating compliance with the standard in this section. The format and content of the label or marking must be approved in advance by the department.

The following sections of the Washington Administrative Code are repealed:

Implementation dates, end dates, and applicability.

Testing and certification.

WAC 194-24-040	Implementation dates, end dates, and applicability.
WAC 194-24-050	Labeling.
WAC 194-24-060	Testing and certification.