BILL REQ. #:  H-5465.1 

READ FIRST TIME 02/12/08.   

     AN ACT Relating to encouraging energy efficiency; amending RCW 19.260.020, 19.260.030, and 19.260.050; adding new sections to chapter 19.260 RCW; creating new sections; and providing an expiration date.

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.
     (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)) eighty-five 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) "Enhanced spectrum" means an incandescent lamp that is not a colored incandescent lamp, and, when operated at its rated voltage and wattage: (a) Has a color point (x,y) chromaticity coordinates on the commission internationale de l'eclairage (C.I.E.) 1931 chromaticity diagram that lies below the black-body locus; and (b) has a color point (x,y) chromaticity coordinates on the C.I.E. 1931 chromaticity diagram that lies at least four MacAdam steps distant from the color point of a clear lamp with the same filament and bulb shape, operated at the same rated voltage and wattage. The MacAdam steps are defined as referenced in illuminating engineering society of North America LM-16-1993.
     (9) "General purpose lights" means lamps, bulbs, tubes, or other electric devices that provide functional illumination for indoor residential, indoor commercial, and outdoor use. "General purpose lights" do not include any of the following specialty lighting: Appliance, black light, bug, colored, infrared, left-hand thread, marine, marine signal service, mine service, plant light, reflector, rough service, shatter resistant, sign service, silver bowl, showcase, three-way, traffic signal, and vibration service or vibration resistant. "General purpose lights" also do not include lights needed to provide special needs lighting for individuals with exceptional needs.
     (10) "General service incandescent lamp" means a general service incandescent lamp as defined under 42 U.S.C. Sec. 6291 as of January 1, 2008.
     (11) "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))) (12) "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))) (13) "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))) (14) "Pass-through cabinet" means a commercial refrigerator or freezer with hinged or sliding doors on both the front and rear of the unit.
     (((12))) (15) "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))) (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) "RoHS directive" means directive 2002/95/EC, adopted by the European parliament and the council of the European Union on January 27, 2003, on the restriction of certain hazardous substances in electrical and electronic equipment as amended on the effective date of this section.
     (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))) (19)(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))) (20) "State-regulated general service incandescent lamp" means a standard incandescent or halogen type lamp that is intended for general service applications; has a medium screw base; has a wattage rating no less than twenty-five watts and no greater than one hundred fifty watts; has a rated voltage range at least partially within one hundred ten and one hundred thirty volts; has an A-15, A-19, A-21, A-23, A-25, PS-25, PS-30, BT-14.5, BT-15, CP-19, TB-19, CA-22, or equivalent shape as defined in ANSI C78.20-2003; and has a bulb finish of the frosted, clear, or soft white type. The following incandescent lamps are not state-regulated general service incandescent lamps: Appliance, black light, bug, colored, enhanced spectrum, infrared, left-hand thread, marine, marine signal service, mine service, plant light, reflector, rough service, shatter resistant, sign service, silver bowl, showcase, three-way, traffic signal, and vibration service or vibration resistant.
     (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;
     (b) A reflector, parabolic aluminized reflector, or similar bulb shape and which has a diameter of 2.25 to 2.75 inches.
     (((17))) (22) "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))) (23)(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.

NEW SECTION.  Sec. 2   A new section is added to chapter 19.260 RCW to read as follows:
     (1) Except as provided in subsections (4), (5), and (6) of this section, a person may not manufacture general purpose lights for sale in this state on or after January 1, 2010, if the general purpose lights contain levels of hazardous substances that would result in the prohibition of those general purpose lights being sold or offered for sale in the European Union under the RoHS directive.
     (2) Except as provided in subsections (4), (5), and (6) of this section, a person may not sell or offer for sale in this state general purpose lights under any of the following circumstances:
     (a) The general purpose light being sold or offered for sale was manufactured on or after January 1, 2010, and contains levels of hazardous substances that would result in the prohibition of those general purpose lights being sold or offered for sale in the European Union under the RoHS directive;
     (b) The manufacturer of the general purpose light sold or being offered for sale fails to provide documentation to the department as required by subsection (7) of this section; or
     (c) The manufacturer of the general purpose light being sold or offered for sale does not provide the documentation to the department required under subsection (8) of this section.
     (3)(a) The department shall determine the products covered by the RoHS directive by reference to the authoritative guidance published by the United Kingdom implementing the RoHS directive in that country.
     (b) The department shall report annually to the governor and appropriate committees of the legislature changes to the RoHS directive.
     (4)(a) Except as provided in subsection (2)(b) of this section, subsections (1), (2), (7), and (8) of this section do not apply to high output and very high output linear fluorescent lamps greater than thirty-two millimeters in diameter and preheat linear fluorescent lamps.
     (b) After January 1, 2014, the department shall determine, in consultation with companies that manufacture lamps specified in subsection (2)(a) of this section in the United States, if those lamps should be subject to the requirements of subsections (1), (2), (7), and (8) of this section, taking into consideration changes in lamp design or manufacturing technology that will allow for the removal or reduction of mercury.
     (5) After December 31, 2011, subsections (1), (2), (7), and (8) of this section are applicable to high intensity discharge lamps and compact fluorescent lamps greater than nine inches in length.
     (6) After December 31, 2013, subsections (1), (2), (7), and (8) of this section are applicable to state-regulated general service incandescent lamps and enhanced spectrum lamps.
     (7) A manufacturer of general purpose lights sold or being offered for sale in Washington shall prepare and, at the request of the department, submit within twenty-eight days of the request, technical documentation or other information showing that the manufacturer's general purpose lights sold or offered for sale in the state comply with the requirements of the RoHS directive.
     (8) A manufacturer of general purpose lights sold or being offered for sale in Washington shall provide, upon request, a certification to a person who sells or offers for sale that manufacturer's general purpose lights. The certification must attest that the general purpose lights do not contain levels of hazardous substances that would result in the prohibition of those general purpose lights being sold or offered for sale in Washington. Alternatively, the manufacturer may display the certification required by this subsection prominently on the shipping container or packaging of the general purpose lights.
     (9) The department may adopt rules to implement and administer this section.

NEW SECTION.  Sec. 3   A new section is added to chapter 19.260 RCW to read as follows:
     (1) The department shall incorporate by reference federal minimum energy efficiency standards for general service incandescent lamps issued under 42 U.S.C. Sec. 6295 as of the effective date of this act.
     (2) Beginning December 1, 2010, the department shall make annual recommendations to the governor and to the appropriate committees of the legislature on how to continue reductions in electrical consumption for general service incandescent lamps excluded by 42 U.S.C. Sec. 6295 as of the effective date of this act. The department shall report on both federal and other actions by states to reduce electrical consumption of general service incandescent lamps.
     (3) The department may establish programs to encourage the sale in this state of general service incandescent lamps that meet or exceed the standards set forth in subsection (1) of this section.
     (4) The department may, after one or more public workshops, with public notice and an opportunity for all interested parties to comment, provide for inclusion of a particular type of specialty light in its energy efficiency standards applicable to general service incandescent lamps, if the department finds that there has been a significant increase in sales of that particular type of particular specialty light due to the use of that specialty light in general service incandescent lamps applications.

Sec. 4   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) general service incandescent 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. 5   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, 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, 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.
     (4)(a) No general service incandescent lamp manufactured on or after January 1, 2012, may be sold or offered for sale in the state unless the efficiency of the general service incandescent lamp meets or exceeds the efficiency standards for general service incandescent lamps issued under 42 U.S.C. Sec. 6295 as of the effective date of this act.
     (b) On or after January 1, 2012, no general service incandescent lamp may be installed for compensation in the state unless the efficiency of the general service incandescent lamp meets or exceeds the efficiency standards issued for general service incandescent lamps issued under 42 U.S.C. Sec. 6295 as of the effective date of this act.

NEW SECTION.  Sec. 6   (1) The department of ecology, in consultation with the solid waste advisory committee created under RCW 70.95.040, shall convene a work group with representatives of the lighting industry, environmental organizations, fluorescent lamp retailers, waste haulers, lamp recyclers, and local governments to consider and make recommendations on the following issues:
     (a) The most effective, cost-efficient, and convenient method for the consumer to provide for the proper collection and recycling of any end-of-life general purpose lights generated in this state;
     (b) Methods to educate consumers about the proper management of and collection opportunities for end-of-life general purpose lights; and
     (c) Designation on the general purpose light and light packaging regarding the proper recycling of the light.
     (2) The department of ecology shall report its findings and recommendations for implementing and financing a recycling program for fluorescent lamps to the appropriate committees of the legislature by December 1, 2008.
     (3) This section expires September 1, 2009.

NEW SECTION.  Sec. 7   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void.