May 15, 2007, Introduced by Reps. Leland, Robert Jones, Spade, Young, Cushingberry, Gillard, Meadows, Warren, Donigan, Jackson, Sheltrown and Ball and referred to the Committee on Energy and Technology.
A bill to establish minimum efficiency standards for certain
products sold or installed in the state; to prescribe the powers
and duties of certain state agencies and officials; and to
provide for penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. As used in this act:
2 (a) "Ballast" means a device used with an electric discharge
3 lamp to obtain necessary circuit conditions, such as voltage,
4 current, and waveform, for starting and operating the lamp.
5 (b) "Bottle-type water dispenser" means a water dispenser
6 that uses a bottle or reservoir as the source of potable water.
7 (c) "Commercial hot food holding cabinet" means an appliance
8 that is a heated, fully-enclosed compartment with 1 or more solid
9 doors, and that is designed to maintain the temperature of hot
10 food that has been cooked in a separate appliance. Commercial hot
1 food holding cabinet does not include heated glass merchandising
2 cabinets, drawer warmers, or cook-and-hold appliances.
3 (d) "Commission" means the Michigan public service
4 commission.
5 (e) "Compact audio product", also known as a mini, mid,
6 micro, or shelf audio system, means an integrated audio system
7 encased in a single housing that includes an amplifier and radio
8 tuner, attached or separable speakers, and can reproduce audio
9 from magnetic tape, CD, DVD, or flash memory. Compact audio
10 product does not include products that can be independently
11 powered by internal batteries or that have a powered external
12 satellite antenna or that can provide a video output signal.
13 (f) "Compensation" means money or any other valuable thing,
14 regardless of form, received or to be received by a person for
15 services rendered.
16 (g) "Digital versatile disc" and "DVD" mean a laser-encoded
17 plastic medium capable of storing a large amount of digital
18 audio, video, and computer data.
19 (h) "Digital versatile disc player" and "digital versatile
20 disc recorder" mean commercially available electronic products
21 encased in a single housing that includes an integral power
22 supply and for which the sole purpose is the decoding or
23 production or recording of digitized video signal on a DVD. DVD
24 recorder does not include models that have an electronic
25 programming guide function that provides an interactive, onscreen
26 menu of television listings, and that downloads program
27 information from the vertical blanking interval of a regular
1 television signal.
2 (i) "Electricity ratio" is the ratio of furnace electricity
3 use to total furnace energy use. Electricity ratio =
4 (3.412*EAE/(1000*EF + 3.412*EAE) where EAE (average annual auxiliary
5 electrical consumption) and EF (average annual fuel energy
6 consumption) are defined in appendix n to subpart B of part 430
7 of title 10 of the code of federal regulations and EF is expressed
8 in millions of Btus per year.
9 (j) "High-intensity discharge lamp" means a lamp in which
10 light is produced by the passage of an electric current through a
11 vapor or gas and in which the light-producing arc is stabilized
12 by bulb wall temperature and the arc tube has a bulb wall loading
13 in excess of 3 watts per square centimeter.
14 (k) "Metal halide lamp" means a high-intensity discharge
15 lamp in which the major portion of the light is produced by
16 radiation of metal halides and their products of dissociation,
17 possibly in combination with metallic vapors.
18 (l) "Metal halide lamp fixture" means a light fixture
19 designed to be operated with a metal halide lamp and a ballast
20 for a metal halide lamp.
21 (m) "Portable electric spa" means a factory-built electric
22 spa or hot tub, supplied with equipment for heating and
23 circulating water.
24 (n) "Probe-start metal halide ballast" means a ballast used
25 to operate metal halide lamps, which does not contain an igniter
26 and which instead starts lamps by using a third starting
27 electrode probe in the arc tube.
1 (o) "Residential furnace" means a self-contained space
2 heater designed to supply heated air through ducts of more than
3 10 inches in length and which utilizes only single-phase electric
4 current, or single-phase electric current or DC current in
5 conjunction with natural gas, propane, or home heating oil, and
6 all of the following apply:
7 (i) Is designed to be the principal heating source for the
8 living space of 1 or more residences.
9 (ii) Is not contained within the same cabinet as a central
10 air conditioner whose rated cooling capacity is above 65,000 Btu
11 per hour.
12 (iii) Has a heat input rate of less than 225,000 Btu per hour.
13 (p) "Single-voltage external AC to DC power supply" means a
14 device that is all of the following:
15 (i) Designed to convert line voltage AC input into lower
16 voltage DC output.
17 (ii) Able to convert to only 1 DC output voltage at a time.
18 (iii) Sold with, or intended to be used with, a separate end-
19 use product that constitutes the primary power load.
20 (iv) Contained within a separate physical enclosure from the
21 end-use product.
22 (v) Connected to the end-use product via a removable or
23 hard-wired male/female electrical connection, cable, cord, or
24 other wiring.
25 (vi) Does not have batteries or battery packs, including
26 those that are removable, that physically attach directly to the
27 power supply unit.
1 (vii) Does not have a battery chemistry or type selector
2 switch and indicator light, or does not have a battery chemistry
3 or type selector switch and a state of charge meter.
4 (viii) Has a nameplate output power less than or equal to 250
5 watts.
6 (q) "State-regulated incandescent reflector lamp" means a
7 lamp, not colored or designed for rough or vibration service
8 applications, with an inner reflective coating on the outer bulb
9 to direct the light, an E26 medium screw base, a rated voltage or
10 voltage range that lies at least partially within 115 to 130
11 volts, and that falls into either of the following categories: a
12 blown PAR (BPAR), bulged reflector (BR), or elliptical reflector
13 (ER) bulb shape with a diameter equal to or greater than 2.25
14 inches; or a reflector (R), parabolic aluminized reflector (PAR),
15 or similar bulb shape with a diameter of 2.25 to 2.75 inches,
16 inclusive.
17 (r) "Walk-in refrigerator" and "walk-in freezer" mean a
18 space refrigerated to temperatures, respectively, at or above and
19 below 32 degrees Fahrenheit that can be walked into.
20 (s) "Water dispenser" means a factory-made assembly that
21 mechanically cools and heats potable water and that dispenses the
22 cooled or heated water by integral or remote means.
23 Sec. 2. (1) This act shall apply to the following types of
24 new products sold, offered for sale, or installed in the state
25 after the effective date of this act:
26 (a) Bottle-type water dispensers.
27 (b) Commercial hot food holding cabinets.
1 (c) Compact audio products.
2 (d) Digital versatile disc players and digital versatile
3 disc recorders.
4 (e) Metal halide lamp fixtures.
5 (f) Residential furnaces.
6 (g) Portable electric spas.
7 (h) Single-voltage external AC to DC power supplies.
8 (i) State-regulated incandescent reflector lamps.
9 (j) Walk-in refrigerators and walk-in freezers.
10 (k) Any other products as may be designated by the
11 commission under section 6.
12 (2) This act does not apply to any of the following:
13 (a) New products manufactured in the state and sold outside
14 the state.
15 (b) New products manufactured outside the state and sold at
16 wholesale inside the state for final retail sale and installation
17 outside the state.
18 (c) Products installed in mobile manufactured homes at the
19 time of construction.
20 (d) Products designed expressly for installation and use in
21 recreational vehicles.
22 Sec. 3. (1) No later than 1 year after the effective date of
23 this act, the commission shall adopt regulations establishing
24 minimum efficiency standards for the types of new products
25 subject to this act.
26 (2) The regulations required under subsection (1) shall
27 provide for all of the following minimum efficiency standards:
1 (a) Bottle-type water dispensers designed for dispensing
2 both hot and cold water shall not have standby energy consumption
3 greater than 1.2 kilowatt-hours per day, as measured in
4 accordance with the test criteria contained in version 1 of the
5 federal environmental protection agency's "Energy Star Program
6 Requirements for Bottled Water Coolers", except units with an
7 integral, automatic timer shall not be tested using section D,
8 "Timer Usage", of the test criteria.
9 (b) Commercial hot food holding cabinets shall have a
10 maximum idle energy rate of 40 watts per cubic foot of interior
11 volume, as determined by the "idle energy rate-dry test" in ASTM
12 F2140-01, "Standard Test Method for Performance of Hot Food
13 Holding Cabinets" published by ASTM international. Interior
14 volume shall be measured in accordance with the method shown in
15 the federal environmental protection agency's "Energy Star
16 Program Requirements for Commercial Hot Food Holding Cabinets" as
17 in effect on August 15, 2003.
18 (c) Compact audio products shall not use more than 2 watts
19 in standby-passive mode for those without a permanently
20 illuminated clock display and 4 watts in standby-passive mode for
21 those with a permanently illuminated clock display, as measured
22 in accordance with international electrotechnical commission test
23 method 62087:2002(E), "Methods of measurement for the power
24 consumption of audio, video, and related equipment".
25 (d) Digital versatile disc players and digital versatile
26 disc recorders shall not use more than 3 watts in standby-passive
27 mode, as measured in accordance with international
1 electrotechnical commission test method 62087:2002(E), "Methods
2 of measurement for the power consumption of audio, video, and
3 related equipment".
4 (e) Metal halide lamp fixtures designed to be operated with
5 lamps rated greater than or equal to 150 watts but less than or
6 equal to 500 watts shall not contain a probe-start metal halide
7 ballast.
8 (f) Portable electric spas shall not have a standby power
9 greater than 5(V2/3) watts where V = the total volume in gallons.
10 (g) Residential furnaces and residential boilers shall have
11 an annual fuel utilization efficiency of 90% and a maximum
12 electricity ratio of 2%. The annual fuel utilization efficiency
13 shall be measured in accordance with the federal test method for
14 measuring the energy consumption of furnaces contained in
15 appendix n to subpart b of part 430, title 10, CFR. The
16 commissioner may adopt rules to exempt compliance with the
17 foregoing residential furnace or residential boiler standards at
18 any building, site, or location where complying with the
19 standards would be in conflict with any local zoning ordinance,
20 building, or plumbing code, or other rule regarding installation
21 and venting of residential furnaces or residential boilers.
22 (h) Single-voltage external AC to DC power supplies shall
23 meet the energy efficiency requirements in the following table:
24 Nameplate Output Power Minimum Efficiency in Active Mode
25 0 to <1 watt 0.49 * Nameplate Output
26 >1 watt and <49 watts 0.09*Ln(Nameplate Output Power) +
27 0.49
1 >49 watts 0.84
2 Maximum Energy Consumption
3 in No-Load Mode
4 0 to <10 watts 0.5 watts
5 >10 watts and <250 watts 0.75 watts
6 Where Ln (Nameplate Output) = Natural Logarithm of the
7 nameplate output expressed in watts.
8 This standard applies to single-voltage AC to DC power
9 supplies that are sold individually and to those that are sold as
10 a component of or in conjunction with another product. Single-
11 voltage external AC to DC power supplies that require federal
12 food and drug administration listing and approval as a medical
13 device are exempt from the requirements of this section. Single-
14 voltage external AC to DC power supplies made available by a
15 manufacturer directly to a consumer or to a service or repair
16 facility after and separate from the original sale of the product
17 requiring the power supply as a service part or spare part shall
18 not be required to meet the standards of this section until
19 January 1, 2013. For purposes of this subparagraph, the
20 efficiency of single-voltage external AC to DC power supplies
21 shall be measured in accordance with the test methodology
22 specified by the federal environmental protection agency's energy
23 star program, "Test Method for Calculating the Energy Efficiency
24 of Single-Voltage External AC-DC and AC-AC Power Supplies (August
25 11, 2004)", except that the tests shall be conducted at 115
26 volts.
27 (i) State-regulated incandescent reflector lamps shall meet
1 the minimum average lamp efficacy requirements for federally
2 regulated incandescent reflector lamps contained in 42 USC
3 6295(i)(1)(A). The following types of incandescent reflector
4 lamps are exempt from these requirements:
5 (i) Lamps rated at 50 watts or less of the following types:
6 BR30, ER30, BR40, and ER40.
7 (ii) Lamps rated at 65 watts of the following types: BR30,
8 BR40, and ER40.
9 (iii) R20 lamps of 45 watts or less.
10 (j) Walk-in refrigerators and walk-in freezers with the
11 applicable motor types shown in the table below shall include the
12 required components shown:
13 Motor Type Required Components
14 All Interior lights; light sources with
15 an efficacy of 40 lumens per watt
16 or more, including ballast losses
17 (if any)
18 All Automatic door closers that firmly
19 close all reach-in doors
20 All Automatic door closers that firmly
21 close all walk-in doors no wider than
22 3.75 feet and no higher than 6.9 feet
23 that have been closed to within 1
24 inch of full closure
25 All Wall, ceiling, and door insulation at
26 least R-28 for refrigerators and at
27 least R-32 for freezers
28 All Floor insulation at least R-28 for
1 freezers (no requirement for
2 refrigerators)
3 Condenser fan Electronically commutated motors,
4 motors permanent split capacitor-type
5 of under 1 motors, or polyphase motors of 1/2
6 horsepower horsepower or more
7 Single-phase Electronically commutated motors
8 evaporator fan
9 motors of under
10 1 horsepower
11 and less than
12 460 volts
13 (k) Walk-in refrigerators and walk-in freezers with
14 transparent reach-in doors shall meet the following requirements:
15 (i) Transparent reach-in doors for walk-in freezers shall be
16 of triple pane glass with either heat-reflective treated glass or
17 gas fill. Transparent reach-in doors for walk-in refrigerators
18 shall be of double pane glass with heat-reflective treated glass
19 and gas fill or of triple pane glass with either heat-reflective
20 treated glass or gas fill.
21 (ii) If the appliance has an anti-sweat heater without anti-
22 sweat controls, then the appliance shall have a total door rail,
23 glass, and frame heater power draw of no more than 7.1 watts per
24 square foot of door opening if it is a freezer or 3 watts per
25 square foot of door opening if it is a refrigerator.
26 (iii) If the appliance has an anti-sweat heater with anti-
27 sweat heat controls, and the total door rail, glass, and frame
28 heater power draw is more than 7.1 watts per square foot of door
1 opening if it is a freezer or 3 watts per square foot of door
2 opening if it is a refrigerator, then the anti-sweat heat
3 controls shall reduce the energy use of the anti-sweat heater in
4 an amount corresponding to the relative humidity in the air
5 outside the door or to the condensation on the inner glass pane.
6 Sec. 4. (1) Except as provided under subsection (2), on or
7 after January 1, 2009, no new bottle-type water dispenser,
8 commercial hot food holding cabinet, compact audio product,
9 digital versatile disc player or digital versatile disc recorder,
10 metal halide lamp fixture, portable electric spa, state-regulated
11 incandescent reflector lamp, single-voltage external AC to DC
12 power supply, or walk-in refrigerator or walk-in freezer may be
13 sold or offered for sale in the state unless the efficiency of
14 the new product meets or exceeds the efficiency standards set
15 forth in the regulations adopted under section 3.
16 (2) No later than 6 months after the effective date of this
17 act, the commission, in consultation with the attorney general,
18 shall determine if implementation of state standards for
19 residential furnaces requires a waiver from federal preemption.
20 If the commission determines that a waiver from federal
21 preemption is not needed, then on or after January 1, 2009, or
22 the date which is 1 year after the date of the determination, if
23 later, no new residential furnace may be sold or offered for sale
24 in this state unless the efficiency of the new product meets or
25 exceeds the efficiency standards set forth in section 3. If the
26 commission determines that a waiver from federal preemption is
27 required, then the commission shall apply for the waiver within 1
1 year of the determination and upon approval of the waiver
2 application, the applicable state standards shall go into effect
3 at the earliest date permitted by federal law.
4 (3) One year after the date upon which the sale or offering
5 for sale of certain products becomes subject to the requirements
6 of this section, no products may be installed for compensation in
7 the state unless the efficiency of the new product meets or
8 exceeds the efficiency standards set forth in section 3.
9 Sec. 5. The commission may adopt, revise, modify, or amend
10 the regulations required under this act to establish increased
11 efficiency standards for the products listed in section 2. The
12 commission may also establish standards for products not
13 specifically listed in section 2. In considering new or amended
14 standards, the commission shall set efficiency standards upon a
15 determination that increased efficiency standards would serve to
16 promote energy conservation in the state and would be cost-
17 effective for consumers who purchase and use new products,
18 provided that no new or increased efficiency standards shall
19 become effective within 1 year following the adoption of any
20 amended regulations establishing the increased efficiency
21 standards. The commission may apply for a waiver of federal
22 preemption in accordance with federal procedures for state
23 efficiency standards for any product regulated by the federal
24 government.
25 Sec. 6. (1) The manufacturers of products covered by this
26 act shall test samples of their products in accordance with the
27 test procedures adopted under this act. The commission shall
1 adopt by rule test procedures for determining the energy
2 efficiency of the products covered by section 2 if such
3 procedures are not provided for in section 3. The commission
4 shall adopt federal department of energy approved test methods
5 or, in the absence of such test methods, other appropriate
6 nationally recognized test methods. The commission may adopt
7 updated test methods when new versions of test procedures become
8 available.
9 (2) Manufacturers of new products covered by section 2,
10 except for single-voltage external AC to DC power supplies, walk-
11 in refrigerators, and walk-in freezers, shall certify to the
12 commission that the products are in compliance with this act. The
13 certifications shall be based on test results. The commission
14 shall promulgate rules governing the certification of the
15 products and shall coordinate with the certification programs of
16 other states and federal agencies with similar standards.
17 (3) Manufacturers of new products covered by section 2 shall
18 identify each product offered for sale or installation in the
19 state as in compliance with the provisions of this act by means
20 of a mark, label, or tag on the product and packaging at the time
21 of sale or installation. The commission shall promulgate rules
22 governing the identification of the products and packaging, which
23 shall be coordinated to the greatest practical extent with the
24 labeling programs of other states and federal agencies with
25 equivalent efficiency standards. The commission shall allow the
26 use of existing marks, labels, or tags which connote compliance
27 with the efficiency requirements of this act.
1 (4) The commission may test products covered by section 2.
2 If products so tested are found not to be in compliance with the
3 minimum efficiency standards established under section 3, the
4 commission shall charge the manufacturer of the product for the
5 cost of product purchase and testing, and make information
6 available to the public on products found not to be in compliance
7 with the standards.
8 (5) With prior notice and at reasonable and convenient
9 hours, the commission may cause periodic inspections to be made
10 of distributors or retailers of new products covered by section 2
11 in order to determine compliance with this act.
12 (6) The commission shall investigate complaints received
13 concerning violations of this act and shall report the results of
14 the investigations to the attorney general. The attorney general
15 may institute proceedings to enforce this act. Any manufacturer,
16 distributor, or retailer, or any person who installs a product
17 covered by this act for compensation, who violates this act shall
18 be issued a warning by the commission for any first violation.
19 Repeat violations shall be subject to a civil penalty of not more
20 than $250.00. Each violation shall constitute a separate offense,
21 and each day that such violation continues shall constitute a
22 separate offense. Penalties assessed under this subsection are in
23 addition to costs assessed under subsection (4).
24 (7) The commission may promulgate further rules as necessary
25 to insure the proper implementation and enforcement of this act.