BILL REQ. #:  H-1962.1 

Read first time 02/22/2007.   Referred to Committee on Technology, Energy & Communications.

     AN ACT Relating to the sale of intermediate base light bulbs for residential use; amending RCW 19.260.020, 19.260.030, 19.260.040, 19.260.050, and 19.260.070; adding new sections to chapter 19.260 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature finds and declares that meeting the state's future energy needs through conservation efforts, both large and small, is a priority. Small changes on the part of Washington consumers, such as switching from conventional, incandescent light bulbs to more efficient compact fluorescent bulbs, has the potential to save thousands of kilowatts of electricity each year.
     The legislature further finds that compact fluorescent bulbs are more efficient, last longer, emit less heat, and draw less current than conventional incandescent bulbs, which make them a safer and more cost-effective option for use in the home. Therefore, it is the intent of the legislature to encourage its citizens to participate in cost-effective energy conservation by establishing efficiency standards for incandescent bulbs sold in the state.

Sec. 2   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.
     (5)(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) "Compensation" means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.
     (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) "Intermediate base lamp" means a lamp designed to be operated with an intermediate-based light fixture for residential use.
     (10) "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))) (11) "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.
     (((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))) (13) "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))) (14) "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))) (15)(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))) (16)(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))) (17) "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.
     (((17))) (18) "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))) (19)(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.

Sec. 3   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) state-regulated incandescent reflector lamps; ((and)) (h) unit heaters; and (i) intermediate base lamps. This chapter applies equally to products whether they are sold, offered for sale, or installed as a stand-alone product or as a component of another product.
     (2) 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. 4   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 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. 5   RCW 19.260.050 and 2006 c 194 s 4 are each amended to read as follows:
     (1)(a) No new commercial prerinse spray valve, commercial clothes washer, commercial refrigerator or freezer, 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.
     (b) No new intermediate base lamps manufactured after January 1, 2010, may be sold or offered for sale in this state unless the efficiency of the new products 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, 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 in subsections (1) and (2) of this section.

NEW SECTION.  Sec. 6   A new section is added to chapter 19.260 RCW to read as follows:
     (1) All intermediate base lamps sold in the state intended for residential use must display the following information on its retail packaging:
     (a) The brightness or light output of the lamp in lumens;
     (b) The efficiency of the lamp as a number, which is the light output divided by the wattage; and
     (c) The actual wattage of the lamp.
     (2) In satisfying subsection (1)(c) of this section, the packaging may not display the equivalent wattage that would be consumed if the lamp were of a different technology.
     (3) The following types of lamps are exempt from this section:
     (a) Lamps which consume one watt of power or less, such as night-lights and indicator lights;
     (b) Lamps of a type which are not intended to be replaced or purchased by consumers;
     (c) Lamps that are designed to provide heat;
     (d) Lamps that are designed to withstand severe environmental conditions, such as oven lights or freezer lights; and
     (e) Lamps that produce light that is not in the visible spectrum, such as ultraviolet lamps intended for disinfection.

Sec. 7   RCW 19.260.070 and 2005 c 298 s 7 are each amended to read as follows:
     (1) The manufacturers of products covered by this chapter must test samples of their products in accordance with the test procedures under this chapter or those specified in the state building code.
     (2) Manufacturers of new products covered by RCW 19.260.030, except for single-voltage external AC to DC power supplies, shall certify to the department that the products are in compliance with this chapter. This certification must be based on test results unless this chapter does not specify a test method. The department shall establish rules governing the certification of these products and may coordinate with the certification programs of other states and federal agencies with similar standards.
     (3) Manufacturers of new products covered by RCW 19.260.030 shall identify each product offered for sale or installation in the state as in compliance with this chapter by means of a mark, label, or tag on the product and packaging at the time of sale or installation. The department shall establish rules governing the identification of these products and packaging, which shall be coordinated to the greatest practical extent with the labeling programs of other states and federal agencies with equivalent efficiency standards.
     (4) The department may test products covered by RCW 19.260.030. If products so tested are found not to be in compliance with the minimum efficiency standards established under RCW 19.260.040, the department shall: (a) Charge the manufacturer of the product for the cost of product purchase and testing; and (b) make information available to the public on products found not to be in compliance with the standards.
     (5) The department shall obtain in paper form the test methods specified in RCW 19.260.040, which shall be available for public use at the department's energy policy offices.
     (6) The department shall investigate complaints received concerning violations of this chapter. 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 a day. Penalties assessed under this subsection are in addition to costs assessed under subsection (4) of this section.
     (7) The department may adopt rules as necessary to ensure the proper implementation and enforcement of this chapter.
     (8) The proceedings relating to this chapter are governed by the administrative procedure act, chapter 34.05 RCW.
     (9) This section does not apply to the sale or use of intermediate base lamps.

NEW SECTION.  Sec. 8   A new section is added to chapter 19.260 RCW to read as follows:
     The department may investigate complaints received concerning violations of this act. Any manufacturer or distributor who violates this act may be issued a warning by the director of the department for any first violation. Repeat violations may be subject to a civil penalty of not more than two hundred fifty dollars a day.