READ FIRST TIME 02/05/09.   

     AN ACT Relating to adding products to the energy efficiency code; and amending RCW 19.260.020, 19.260.030, 19.260.040, and 19.260.050.

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

Sec. 1   RCW 19.260.020 and 2006 c 194 s 1 are each 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) (("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) "Commercial clothes washer" means a soft mount horizontal or vertical-axis clothes washer that: (a) Has a clothes container compartment no greater than 3.5 cubic feet in the case of a horizontal-axis product or no greater than 4.0 cubic feet in the case of a vertical-axis product; and (b) is designed for use by more than one household, such as in multifamily housing, apartments, or coin laundries.
     (4) "Commercial prerinse spray valve" means a handheld device designed and marketed for use with commercial dishwashing and warewashing equipment and that sprays water on dishes, flatware, and other food service items for the purpose of removing food residue prior to their cleaning)) "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.
     (((5))) (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.
     (((6))) (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 community, trade, and economic development.
     (8) (("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.
     (9) "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.
     (10) "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)) "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.
     (((11))) (12) "Pass-through cabinet" means a commercial refrigerator or freezer with hinged or sliding doors on both the front and rear of the unit.
     (((12) "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.))
     (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.
     (((14))) (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.
     (((15)(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.
     (16))) (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, ((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; or
     (b) A reflector, parabolic aluminized reflector, or similar bulb shape and which has a diameter of 2.25 to 2.75 inches.
     (((17) "Transformer" means a device consisting of two or more coils of insulated wire and that is designed to transfer alternating current by electromagnetic induction from one coil to another to change the original voltage or current value.
     (18)(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)) (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.

Sec. 2   RCW 19.260.030 and 2006 c 194 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 clothes washers; (c) commercial prerinse spray valves; (d))) Commercial refrigerators and freezers; (((e) metal halide lamp fixtures; (f) single-voltage external AC to DC power supplies; (g)))
     (c) State-regulated incandescent reflector lamps; ((and (h) unit heaters))
     (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.
     (2) This chapter applies equally to products whether they are sold, offered for sale, or installed as ((a)) stand-alone products or as ((a)) components of ((another)) other products.
     (((2))) (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 2006 c 194 s 3 are each amended to read as follows:
     The ((legislature establishes the following)) minimum efficiency standards ((for)) 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:

Sec. 4   RCW 19.260.050 and 2006 c 194 s 4 are each amended to read as follows:
     (1) No new ((commercial prerinse spray valve, commercial clothes washer,)) commercial refrigerator or freezer((,)) or state-regulated incandescent reflector lamp((, or unit heater)) 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((, single-voltage external AC to DC power supply, or metal halide lamp fixtures)) 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 prerinse spray valve, commercial clothes washer,)) commercial refrigerator or freezer((, single-voltage external AC to DC power supply,)) or state-regulated incandescent reflector lamp((, or unit heater)) 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 ((or metal halide lamp fixtures)) 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 ((metal halide lamp fixtures and)) 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.

NEW SECTION.  Sec. 5   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.