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. (1) It is unlawful for any person within the state to advertise to sell, offer to sell, or sell any new appliance that is not in conformity with an applicable energy conservation standard established under section 3 of this act.

(2) For the purposes of this section, "new appliance" means an appliance the title of which has not passed to a purchaser who buys the product for purposes other than (a) reselling the product, or (b) leasing the product for a period in excess of one year.

NEW SECTION. Sec. 2. The definitions in this section apply throughout sections 1 through 5 of this act.

(1) "AV" is the adjusted volume for refrigerator, refrigerator-freezers, and freezers, as defined in the applicable federal department of energy test procedures.

(2) "Annual fuel utilization efficiency" means the efficiency descriptor for furnaces and boilers, determined using the applicable federal department of energy test procedures based on the assumption that all:

(a) Weatherized warm air furnaces or boilers are located out-of-doors;

(b) Warm air furnaces that are not weatherized are located indoors and all combustion and ventilation air is admitted through grills and ducts from the outdoors; and

(3) "Central air conditioner" means a product, other than a packaged terminal air conditioner, that is:

(a) Powered by single-phase electric current;

(b) Air-cooled;

(d) Not contained within the same cabinet as a furnace the rated capacity of which is above 125,000 Btu per hour; and

(e) A heat pump or a cooling only unit.

(4) "Efficiency descriptor" means the ratio of the useful output to the total energy input, determined using the applicable federal department of energy test procedures, expressed for the following products in the following terms:

(a) For furnaces and direct heating equipment, annual fuel utilization efficiency;

(b) For room air conditioners, energy efficiency ratio;

(d) For water heaters, energy factor; and

(e) For pool heaters, thermal efficiency.

(5) "Energy efficiency" means the ratio of the useful output of services from a consumer product to the energy use of such product.

(6) "Furnace" means a product that utilizes only single-phase electric current, or single-phase electric current or DC current in conjunction with natural gas, propane, or home heating oil, and that:

(a) Is designed to be the principal heating source for the living space of a residence;

(b) Is not contained within the same cabinet with a central air conditioner whose rated cooling capacity is above 65,000 Btu per hour;

(c) Is an electric central furnace, electric boiler, forced-air central furnace, gravity central furnace, or low pressure steam or hot water boiler; and

(d) Has a heat input rate of less than 300,000 Btu per hour for electric boilers and low pressure steam or hot water boilers and less than 225,000 Btu per hour for forced-air central furnaces, gravity central furnaces, and electric central furnaces.

(7) "Heat pump" or "reverse cycle" means a product, other than a packaged terminal heat pump, that:

(a) Consists of one or more assemblies;

(b) Is powered by single-phase electric current;

(d) Utilizes an indoor conditioning coil, compressors, and refrigerant-to-outdoor-air heat exchanger to provide air heating; and

(e) May also provide air cooling, dehumidifying, humidifying, circulating, and air cleaning.

(8) "Pool heater" means an appliance designed for heating nonpotable water contained at atmospheric pressure, including heating water in swimming pools, spas, hot tubs, and similar applications.

(9) "Thermal efficiency of pool heaters" means a measure of the heat in the water delivered at the heater outlet divided by the heat input of the pool heater as measured under test conditions specified in section 2.8.1 of the American national standard for gas fired pool heaters, Z21.56-1986, or as may be prescribed by the applicable federal department of energy test procedures.

(10) "Water heater" means a product that utilizes oil, gas, or electricity to heat potable water for use outside the heater upon demand, including:

(a) Storage type units that heat and store water at a thermostatically controlled temperature, including gas storage water heaters with an input of 75,000 Btu per hour or less, oil storage water heaters with an input of 105,000 Btu per hour or less, and electric storage water heaters with an input of twelve kilowatts or less;

(b) Instantaneous type units which heat water but contain no more than one gallon of water per 4,000 Btu per hour of input, including gas instantaneous water heaters with an input of 200,000 Btu per hour or less, oil instantaneous water heaters with an input of 210,000 Btu per hour or less, and electric instantaneous water heaters with an input of twelve kilowatts or less; and

(c) Heat pump type units, with a maximum current rating of twenty-four amperes at a voltage no greater than two hundred fifty volts, which are products designed to transfer thermal energy from one temperature level to a higher temperature level for the purpose of heating water, including all ancillary equipment such as fans, storage tanks, pumps, or controls necessary for the device to perform its function.

(11) "Weatherized warm air furnace or boiler" means a furnace or boiler designed for installation outdoors, approved for resistance to wind, rain, and snow, and supplied with its own venting system.

NEW SECTION. Sec. 3. (1) The purpose of this section is to provide state energy conservation standards for certain specified appliances.

(2) STANDARDS FOR REFRIGERATORS, REFRIGERATOR-FREEZERS, AND FREEZERS. (a) The following is the maximum energy use allowed in kilowatt hours per year for the following products (other than those described in (b) of this subsection) manufactured on or after January 1, 1990:

!tp1 !trEnergy

!trStandards

!trEquations

!ixRefrigerators and refrigerator-freezers with

manual defrost!w×!tr16.3!sc ,001AV+316

!ixRefrigerator-freezers‑-partial automatic defrost!w×!tr21.8!sc ,001AV+429

!ixRefrigerator-freezers‑-automatic defrost with:

Top mounted freezer without ice!w×!tr23.5!sc ,001AV+471

Side mounted freezer without ice!w×!tr27.7!sc ,001AV+488

Bottom mounted freezer without ice!w×!tr27.7!sc ,001AV+488

Top mounted freezer with through the door

ice service!w×!tr26.4!sc ,001AV+535

Side mounted freezer with through the door ice!w×!tr30.9!sc ,001AV+547

!ixUpright freezers with:

Manual defrost!w×!tr10.9!sc ,001AV+422

Automatic defrost!w×!tr16.0!sc ,001AV+623

!ixChest freezers and all other freezers!w×!tr14.8!sc ,001AV+223

(b) The standards described in (a) of this subsection do not apply to refrigerators and refrigerator-freezers with total refrigerated volume exceeding thirty-nine cubic feet or freezers with total refrigerated volume exceeding thirty cubic feet.

(c) Unless prohibited by federal law, the state energy office may adopt by 1992 appliance efficiency requirements for products described in (a) of this subsection which are equivalent to standards in effect under the laws of the state of California.

(3) STANDARDS FOR ROOM AIR CONDITIONERS. The energy efficiency ratio of room air conditioners shall be not less than the following for products manufactured on or after January 1, 1990:

Product class!trRatio

!ixWithout reverse cycle and with louvered sides:

Less than 6,000 Btu!w×!tr8.0

6,000 to 7,999 Btu!w×!tr8.5

8,000 to 13,999 Btu!w×!tr9.0

14,000 to 19,999 Btu!w×!tr8.8

20,000 and more Btu!w×!tr8.2

!ixWithout reverse cycle and without louvered sides:

Less than 6,000 Btu!w×!tr8.0

6,000 to 7,999 Btu!w×!tr8.5

8,000 to 13,999 Btu!w×!tr8.5

14,000 to 19,999 Btu!w×!tr8.5

20,000 and more Btu!w×!tr8.2

!ixWith reverse cycle and with louvered sides!w×!tr8.5

!ixWith reverse cycle, without louvered sides!w×!tr8.0

(4) STANDARDS FOR CENTRAL AIR CONDITIONERS AND HEAT PUMPS. The seasonal energy efficiency ratio of central air conditioners and central air conditioning heat pumps shall be not less than the following:

(a) Split systems: 10.0 for products manufactured on or after January 1, 1992.

(b) Single-package systems: 9.7 for products manufactured on or after January 1, 1993.

(5) STANDARDS FOR POOL HEATERS. The thermal efficiency of pool heaters manufactured on or after January 1, 1990, shall not be less than 78 percent.

(6) STANDARDS FOR FURNACES. (a) Furnaces (other than furnaces designed solely for installation in mobile homes) manufactured on or after January 1, 1992, shall have an annual fuel utilization efficiency of not less than 78 percent, except that boilers (other than gas steam boilers) shall have an annual fuel utilization efficiency of not less than 80 percent and gas steam boilers shall have an annual fuel utilization efficiency of not less than 68 percent.

(b) Furnaces which are designed solely for installation in mobile homes and which are manufactured on or after September 1, 1990, shall have an annual fuel utilization efficiency of not less than 75 percent.

(7) STANDARDS FOR DISHWASHERS; CLOTHES WASHERS; CLOTHES DRYERS. (a) Dishwashers manufactured on or after January 1, 1988, shall be equipped with an option to dry without heat.

(b) All rinse cycles of clothes washers shall include an unheated water option, but may have a heated water rinse option, for products manufactured on or after January 1, 1988.

(c) Gas clothes dryers shall not be equipped with a constant burning pilot for products manufactured on or after January 1, 1988.

(8) STANDARDS FOR KITCHEN RANGES AND OVENS. Gas kitchen ranges and ovens having an electrical supply cord shall not be equipped with a constant burning pilot for products manufactured on or after January 1, 1990.

NEW SECTION. Sec. 4. Before the effective date of standards established under section 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 established under section 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 established under section 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. No new appliance of the type for which energy efficiency standards have been established under section 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. 6. Sections 1 through 5 of this act are in the public interest, and the commission by any person of an act or practice prohibited by sections 1 through 5 of this act is declared to be an unfair or deceptive act or practice in the conduct of trade or commerce under the consumer protection act, chapter 19.86 RCW.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act are each added to chapter 19.27A RCW.