June 27, 2006, Introduced by Senators BRATER, PRUSI, CLARK-COLEMAN, BASHAM, JACOBS and WHITMER and referred to the Committee on Technology and Energy.
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. The legislature finds all of the following:
2 (a) That efficiency standards for certain products sold or
3 installed in the state assure consumers and businesses that the
4 products meet minimum efficiency performance levels thus saving
5 money on utility bills.
6 (b) That efficiency standards save energy and reduce
7 pollution and other environmental impacts associated with the
8 production, distribution, and use of electricity, natural gas,
9 and oil.
1 (c) That efficiency standards can make electricity systems
2 more reliable by reducing the strain on the electricity grid
3 during peak demand periods. Improved energy efficiency can reduce
4 or delay the need for new power plants, power transmission lines,
5 and power distribution system upgrades.
6 (d) Energy efficiency standards contribute to the economy of
7 this state by helping to better balance energy supply and demand,
8 thus reducing pressure for higher natural gas and electricity
9 prices. By saving consumers and businesses money on energy bills,
10 efficiency standards help the state and local economy, since
11 energy bill savings can be spent on local goods and services.
12 Sec. 2. As used in this act:
13 (a) "Ballast" means a device used with an electric discharge
14 lamp to obtain necessary circuit conditions, such as voltage,
15 current, and waveform, for starting and operating the lamp.
16 (b) "Boiler" means a self-contained low-pressure appliance
17 for supplying steam or hot water primarily designed for space
18 heating. Commercial boiler means a boiler with a heat input rate
19 of 300,000 btu per hour or more that is shipped complete with
20 heating equipment, mechanical draft equipment, and automatic
21 controls. Commercial boiler includes a factory-built boiler
22 manufactured as a unit or system, disassembled for shipment, and
23 reassembled at the site of installation. Residential boiler means
24 a self-contained appliance for supplying steam or hot water,
25 which uses natural gas, propane, or home heating oil, and which
26 has a heat input rate of less than 300,000 btu per hour.
27 (c) "Bottle-type water dispenser" means a water dispenser
1 that uses a bottle or reservoir as the source of potable water.
2 (d) "Commission" means the Michigan public service
3 commission.
4 (e) "Commercial hot food holding cabinet" means an appliance
5 that is a heated, fully-enclosed compartment with 1 or more solid
6 doors, and that is designed to maintain the temperature of hot
7 food that has been cooked in a separate appliance. Commercial hot
8 food holding cabinet does not include heated glass merchandising
9 cabinets, drawer warmers, or cook-and-hold appliances.
10 (f) "Compact audio product", also known as a mini, mid,
11 micro, or shelf audio system, means an integrated audio system
12 encased in a single housing that includes an amplifier and radio
13 tuner, attached or separable speakers, and can reproduce audio
14 from magnetic tape, CD, DVD, or flash memory. Compact audio
15 product does not include products that can be independently
16 powered by internal batteries or that have a powered external
17 satellite antenna or that can provide a video output signal.
18 (g) "Compensation" means money or any other valuable thing,
19 regardless of form, received or to be received by a person for
20 services rendered.
21 (h) "Digital versatile disc" and "DVD" mean a laser-encoded
22 plastic medium capable of storing a large amount of digital
23 audio, video, and computer data.
24 (i) "Digital versatile disc player" and "digital versatile
25 disc recorder" mean commercially available electronic products
26 encased in a single housing that includes an integral power
27 supply and for which the sole purpose is the decoding or
1 production or recording of digitized video signal on a DVD. DVD
2 recorder does not include models that have an electronic
3 programming guide function that provides an interactive, onscreen
4 menu of television listings, and that downloads program
5 information from the vertical blanking interval of a regular
6 television signal.
7 (j) "Electricity ratio" is the ratio of furnace electricity
8 use to total furnace energy use. Electricity ratio =
9 (3.412*EAE/(1000*EF + 3.412*EAE) where EAE (average annual auxiliary
10 electrical consumption) and EF (average annual fuel energy
11 consumption) are defined in appendix n to subpart B of part 430
12 of title 10 of the code of federal regulations and EF is expressed
13 in millions of btus per year.
14 (k) "High-intensity discharge lamp" means a lamp in which
15 light is produced by the passage of an electric current through a
16 vapor or gas and in which the light-producing arc is stabilized
17 by bulb wall temperature and the arc tube has a bulb wall loading
18 in excess of 3 watts per square centimeter.
19 (l) "Liquid-immersed distribution transformer" means a
20 transformer that has an input voltage of 34,500 volts or less,
21 has an output voltage of 600 volts or less, uses oil or other
22 liquid as a coolant, and is rated for operation at a frequency of
23 60 hertz.
24 (m) "Medium voltage dry-type distribution transformer" means
25 a transformer that has an input voltage of more than 600 volts
26 but less than or equal to 34,500 volts, is air-cooled, does not
27 use oil as a coolant, and is rated for operation at a frequency
1 of 60 hertz.
2 (n) "Metal halide lamp" means a high-intensity discharge
3 lamp in which the major portion of the light is produced by
4 radiation of metal halides and their products of dissociation,
5 possibly in combination with metallic vapors.
6 (o) "Metal halide lamp fixture" means a light fixture
7 designed to be operated with a metal halide lamp and a ballast
8 for a metal halide lamp.
9 (p) "Pool heater" means an appliance designed for heating
10 nonpotable water contained at atmospheric pressure, including
11 heating water in swimming pools, spas, hot tubs, and similar
12 applications.
13 (q) "Portable electric spa" means a factory-built electric
14 spa or hot tub, supplied with equipment for heating and
15 circulating water.
16 (r) "Probe-start metal halide ballast" means a ballast used
17 to operate metal halide lamps, which does not contain an igniter
18 and which instead starts lamps by using a third starting
19 electrode probe in the arc tube.
20 (s) "Residential furnace" means a self-contained space
21 heater designed to supply heated air through ducts of more than
22 10 inches in length and which utilizes only single-phase electric
23 current, or single-phase electric current or DC current in
24 conjunction with natural gas, propane, or home heating oil, and
25 all of the following apply:
26 (i) Is designed to be the principal heating source for the
27 living space of 1 or more residences.
1 (ii) Is not contained within the same cabinet as a central
2 air conditioner whose rated cooling capacity is above 65,000 btu
3 per hour.
4 (iii) Has a heat input rate of less than 225,000 btu per hour.
5 (t) "Residential pool pump" means a pump used to circulate
6 and filter residential swimming pool water in order to maintain
7 clarity and sanitation.
8 (u) "Single-voltage external AC to DC power supply" means a
9 device that is all of the following:
10 (i) Designed to convert line voltage AC input into lower
11 voltage DC output.
12 (ii) Able to convert to only 1 DC output voltage at a time.
13 (iii) Sold with, or intended to be used with, a separate end-
14 use product that constitutes the primary power load.
15 (iv) Contained within a separate physical enclosure from the
16 end-use product.
17 (v) Connected to the end-use product via a removable or
18 hard-wired male/female electrical connection, cable, cord, or
19 other wiring.
20 (vi) Does not have batteries or battery packs, including
21 those that are removable, that physically attach directly to the
22 power supply unit.
23 (vii) Does not have a battery chemistry or type selector
24 switch and indicator light, or does not have a battery chemistry
25 or type selector switch and a state of charge meter.
26 (viii) Has a nameplate output power less than or equal to 250
27 watts.
1 (v) "State-regulated incandescent reflector lamp" means a
2 lamp, not colored or designed for rough or vibration service
3 applications, with an inner reflective coating on the outer bulb
4 to direct the light, an E26 medium screw base, a rated voltage or
5 voltage range that lies at least partially within 115 to 130
6 volts, and that falls into either of the following categories: a
7 blown PAR (BPAR), bulged reflector (BR), or elliptical reflector
8 (ER) bulb shape with a diameter equal to or greater than 2.25
9 inches; or a reflector (R), parabolic aluminized reflector (PAR),
10 or similar bulb shape with a diameter of 2.25 to 2.75 inches,
11 inclusive.
12 (w) "Transformer" means a device consisting of 2 or more
13 coils of insulated wire and that is designed to transfer
14 alternating current by electromagnetic induction from 1 coil to
15 another to change the original voltage or current value. This
16 term does not include devices with multiple voltage taps, with
17 the highest voltage tap equaling at least 20% more than the
18 lowest voltage tap or devices, such as those commonly known as
19 drive transformers, rectifier transformers, auto-high
20 transformers, uninterruptible power system transformers,
21 impedance transformers, regulating transformers, sealed and non-
22 ventilating transformers, machine tool transformers, welding
23 transformers, grounding transformers, or testing transformers,
24 that are designed to be used in a special purpose application and
25 are unlikely to be used in general purpose applications.
26 (x) "Walk-in refrigerator" and "walk-in freezer" mean a
27 space refrigerated to temperatures, respectively, at or above and
1 below 32 degrees Fahrenheit that can be walked into.
2 (y) "Water dispenser" means a factory-made assembly that
3 mechanically cools and heats potable water and that dispenses the
4 cooled or heated water by integral or remote means.
5 Sec. 3. (1) This act shall apply to the following types of
6 new products sold, offered for sale, or installed in the state
7 after the effective date of this act:
8 (a) Bottle-type water dispensers.
9 (b) Commercial boilers.
10 (c) Commercial hot food holding cabinets.
11 (d) Compact audio products.
12 (e) Digital versatile disc players and digital versatile
13 disc recorders.
14 (f) Liquid-immersed distribution transformers.
15 (g) Medium voltage dry-type distribution transformers.
16 (h) Metal halide lamp fixtures.
17 (i) Pool heaters.
18 (j) Residential furnaces and residential boilers.
19 (k) Residential pool pumps.
20 (l) Portable electric spas.
21 (m) Single-voltage external AC to DC power supplies.
22 (n) State-regulated incandescent reflector lamps.
23 (o) Walk-in refrigerators and walk-in freezers.
24 (p) Any other products as may be designated by the
25 commission under section 7.
26 (2) This act does not apply to any of the following:
27 (a) New products manufactured in the state and sold outside
1 the state.
2 (b) New products manufactured outside the state and sold at
3 wholesale inside the state for final retail sale and installation
4 outside the state.
5 (c) Products installed in mobile manufactured homes at the
6 time of construction.
7 (d) Products designed expressly for installation and use in
8 recreational vehicles.
9 Sec. 4. (1) No later than 1 year after the effective date of
10 this act, the commission shall adopt regulations establishing
11 minimum efficiency standards for the types of new products
12 subject to this act.
13 (2) The regulations required under subsection (1) shall
14 provide for all of the following minimum efficiency standards:
15 (a) Bottle-type water dispensers designed for dispensing
16 both hot and cold water shall not have standby energy consumption
17 greater than 1.2 kilowatt-hours per day, as measured in
18 accordance with the test criteria contained in version 1 of the
19 federal environmental protection agency's "Energy Star Program
20 Requirements for Bottled Water Coolers", except units with an
21 integral, automatic timer shall not be tested using section D,
22 "Timer Usage", of the test criteria.
23 (b) The thermal efficiency of commercial boilers, as
24 determined in accordance with hydronics institute testing
25 standard BTS 2000, "Method to Determine Efficiency of Commercial
26 Space Heating Boilers", shall not be less than the following:
27 (i) 80% for gas-fired commercial boilers.
1 (ii) 82% for oil-fired commercial boilers.
2 (c) Commercial hot food holding cabinets shall have a
3 maximum idle energy rate of 40 watts per cubic foot of interior
4 volume, as determined by the "idle energy rate-dry test" in ASTM
5 F2140-01, "Standard Test Method for Performance of Hot Food
6 Holding Cabinets" published by ASTM international. Interior
7 volume shall be measured in accordance with the method shown in
8 the federal environmental protection agency's "Energy Star
9 Program Requirements for Commercial Hot Food Holding Cabinets" as
10 in effect on August 15, 2003.
11 (d) Compact audio products shall not use more than 2 watts
12 in standby-passive mode for those without a permanently
13 illuminated clock display and 4 watts in standby-passive mode for
14 those with a permanently illuminated clock display, as measured
15 in accordance with international electrotechnical commission test
16 method 62087:2002(E), "Methods of measurement for the power
17 consumption of audio, video, and related equipment".
18 (e) Digital versatile disc players and digital versatile
19 disc recorders shall not use more than 3 watts in standby-passive
20 mode, as measured in accordance with international
21 electrotechnical commission test method 62087:2002(E), "Methods
22 of measurement for the power consumption of audio, video, and
23 related equipment".
24 (f) Medium voltage dry-type distribution transformers shall
25 meet minimum efficiency levels 3/10 of a percentage point higher
26 than the class 1 efficiency levels for medium voltage
27 distribution transformers specified in table 4-2 of the "Guide
1 for Determining Energy Efficiency for Distribution Transformers"
2 published by the national electrical manufacturers association,
3 NEMA Standard TP-1-2002.
4 (g) Liquid-immersed distribution transformers shall meet
5 minimum efficiency levels 2/10 of a percentage point higher than
6 the class 1 efficiency levels specified in table 4-1 of the
7 "Guide for Determining Energy Efficiency for Distribution
8 Transformers" published by the national electrical manufacturers
9 association, NEMA Standard TP-1-2002.
10 (h) Metal halide lamp fixtures designed to be operated with
11 lamps rated greater than or equal to 150 watts but less than or
12 equal to 500 watts shall not contain a probe-start metal halide
13 ballast.
14 (i) Pool heaters shall be equipped with an intermittent
15 ignition device and the thermal efficiency of pool heaters shall
16 be not less than 80%, as measured in accordance with the federal
17 test method for measuring the energy consumption of pool heaters
18 contained in appendix p to subpart b of part 430, title 10, CFR.
19 (j) Portable electric spas shall not have a standby power
20 greater than 5(V2/3) watts where V = the total volume in gallons.
21 (k) Residential furnaces and residential boilers shall
22 comply with the following annual fuel utilization efficiency and
23 electricity ratio values:
24 Product Type Minimum AFUE Maximum electricity ratio
25 Natural gas- and propane-
26 fired furnaces 90% 2.0%
1 Oil-fired furnaces >94,000
2 btu/hour in capacity 83% 2.0%
3 Oil-fired furnaces <94,000
4 btu/hour in capacity 83% 2.3%
5 Natural gas-, oil-, and
6 propane-fired hot water
7 residential boilers 84% Not applicable
8 Natural gas-, oil-, and
9 propane-fired steam
10 residential boilers 82% Not applicable
11 The commissioner may adopt rules to exempt compliance with
12 the foregoing residential furnace or residential boiler standards
13 at any building, site, or location where complying with the
14 standards would be in conflict with any local zoning ordinance,
15 building, or plumbing code, or other rule regarding installation
16 and venting of residential furnaces or residential boilers.
17 (l) Residential pool pump motors may not be split-phase or
18 capacitor start-induction run type motors. Pool pump motors with
19 a capacity of 1 horsepower or more shall have the capability of
20 operating at 2 or more speeds with a low speed having a rotation
21 rate that is not more than 1/2 of the motor's maximum rotation
22 rate. Pool pump motor controls shall have the capability of
23 operating the pool pump at at least 2 speeds. The default
24 circulation speed shall be the lowest speed, with a high speed
25 override capability being for a temporary period not to exceed 1
26 normal cycle.
27 (m) Single-voltage external AC to DC power supplies shall
28 meet the energy efficiency requirements in the following table:
1 Nameplate Output Power Minimum Efficiency in Active Mode
2 0 to <1 watt 0.49 * Nameplate Output
3 >1 watt and <49 watts 0.09*Ln(Nameplate Output Power) +
4 0.49
5 >49 watts 0.84
6 Maximum Energy Consumption in No-Load Mode
7 0 to <10 watts 0.5 watts
8 >10 watts and <250 watts 0.75 watts
9 Where Ln (Nameplate Output) = Natural Logarithm of the
10 nameplate output expressed in watts
11 This standard applies to single voltage AC to DC power
12 supplies that are sold individually and to those that are sold as
13 a component of or in conjunction with another product. For
14 purposes of this subparagraph, the efficiency of single-voltage
15 external AC to DC power supplies shall be measured in accordance
16 with the test methodology specified by the federal environmental
17 protection agency's energy star program, "Test Method for
18 Calculating the Energy Efficiency of Single-Voltage External AC-
19 DC and AC-AC Power Supplies (August 11, 2004)".
20 (n) State-regulated incandescent reflector lamps shall meet
21 the minimum average lamp efficacy requirements for federally
22 regulated incandescent reflector lamps contained in 42 USC
23 6295(i)(1)(A). The following types of incandescent reflector
24 lamps are exempt from these requirements:
25 (i) Lamps rated at 50 watts or less of the following types:
26 BR30, ER30, BR40, and ER40.
1 (ii) Lamps rated at 65 watts of the following types: BR30,
2 BR40, and ER40.
3 (iii) R20 lamps of 45 watts or less.
4 (o) Walk-in refrigerators and walk-in freezers with the
5 applicable motor types shown in the table below shall include the
6 required components shown:
7 Motor Type Required Components
8 All Interior lights; light sources with
9 an efficacy of 45 lumens per watt
10 or more, including ballast losses
11 (if any). This efficacy standard does
12 not apply to LED light sources until
13 January 1, 2010
14 All Automatic door closers that firmly
15 close all reach-in doors
16 All Automatic door closers that firmly
17 close all walk-in doors no wider than
18 3.9 feet and no higher than 6.9 feet
19 that have been closed to within 1
20 inch of full closure
21 All Wall, ceiling, and door insulation at
22 least R-28 for refrigerators and at
23 least R-34 for freezers
24 All Floor insulation at least R-28 for
25 freezers (no requirement for
26 refrigerators)
27 Condenser fan Electronically commutated motors,
28 motors permanent split capacitor-type
29 of under 1 motors, or polyphase motors of 1/2
1 horsepower horsepower or more
2 Single-phase Electronically commutated motors
3 evaporator fan
4 motors of under
5 1 horsepower
6 and less than
7 460 volts
8 (p) Walk-in refrigerators and walk-in freezers with
9 transparent reach-in doors shall meet the following requirements:
10 (i) Transparent reach-in doors shall be of triple pane glass
11 with either heat-reflective treated glass or gas fill.
12 (ii) If the appliance has an anti-sweat heater without anti-
13 sweat controls, then the appliance shall have a total door rail,
14 glass, and frame heater power draw of no more than 40 watts if it
15 is a freezer or 17 watts if it is a refrigerator per foot of door
16 frame width.
17 (iii) If the appliance has an anti-sweat heater with anti-
18 sweat heat controls, and the total door rail, glass, and frame
19 heater power draw is more than 40 watts if it is a freezer or 17
20 watts if it is a refrigerator per foot of door frame width, then
21 the anti-sweat heat controls shall reduce the energy use of the
22 anti-sweat heater in an amount corresponding to the relative
23 humidity in the air outside the door or to the condensation on
24 the inner glass pane.
25 Sec. 5. (1) Except as provided under subsection (2), on or
26 after January 1, 2008, no new bottle-type water dispenser,
27 commercial hot food holding cabinet, compact audio product,
1 digital versatile disc player or digital versatile disc recorder,
2 liquid-immersed distribution transformer, medium voltage dry-type
3 distribution transformer, metal halide lamp fixture, residential
4 pool pump, portable electric spa, state-regulated incandescent
5 reflector lamp, single-voltage external AC to DC power supply, or
6 walk-in refrigerator or walk-in freezer may be sold or offered
7 for sale in the state unless the efficiency of the new product
8 meets or exceeds the efficiency standards set forth in the
9 regulations adopted under section 4.
10 (2) Residential pool pumps that do not meet the efficiency
11 standards contained in section 4(2)(l) may be sold in this state
12 until January 1, 2010.
13 (3) No later than 6 months after the effective date of this
14 act, the commission, in consultation with the attorney general,
15 shall determine if implementation of state standards for
16 commercial boilers, pool heaters, and residential furnaces and
17 residential boilers requires a waiver from federal preemption. If
18 the commission determines that a waiver from federal preemption
19 is not needed, then on or after January 1, 2008, or the date
20 which is 1 year after the date of the determination, if later, no
21 new commercial boiler, pool heater, or residential furnace or
22 boiler may be sold or offered for sale in this state unless the
23 efficiency of the new product meets or exceeds the efficiency
24 standards set forth in section 4. If the commission determines
25 that a waiver from federal preemption is required, then the
26 commission shall apply for the waiver within 1 year of the
27 determination and upon approval of the waiver application, the
1 applicable state standards shall go into effect at the earliest
2 date permitted by federal law.
3 (4) One year after the date upon which the sale or offering
4 for sale of certain products becomes subject to the requirements
5 of this section, no products may be installed for compensation in
6 the state unless the efficiency of the new product meets or
7 exceeds the efficiency standards set forth in section 4.
8 Sec. 6. The commission may adopt, revise, modify, or amend
9 the regulations required under this act to establish increased
10 efficiency standards for the products listed in section 3. The
11 commission may also establish standards for products not
12 specifically listed in section 3. In considering new or amended
13 standards, the commission shall set efficiency standards upon a
14 determination that increased efficiency standards would serve to
15 promote energy conservation in the state and would be cost-
16 effective for consumers who purchase and use new products,
17 provided that no new or increased efficiency standards shall
18 become effective within 1 year following the adoption of any
19 amended regulations establishing the increased efficiency
20 standards. The commission may apply for a waiver of federal
21 preemption in accordance with federal procedures for state
22 efficiency standards for any product regulated by the federal
23 government.
24 Sec. 7. (1) The manufacturers of products covered by this
25 act shall test samples of their products in accordance with the
26 test procedures adopted under this act. The commission shall
27 adopt by rule test procedures for determining the energy
1 efficiency of the products covered by section 3 if such
2 procedures are not provided for in section 4. The commission
3 shall adopt federal department of energy approved test methods
4 or, in the absence of such test methods, other appropriate
5 nationally recognized test methods. The commission may adopt
6 updated test methods when new versions of test procedures become
7 available.
8 (2) Manufacturers of new products covered by section 3,
9 except for single voltage external AC to DC power supplies, walk-
10 in refrigerators, and walk-in freezers, shall certify to the
11 commission that the products are in compliance with this act. The
12 certifications shall be based on test results. The commission
13 shall promulgate rules governing the certification of the
14 products and shall coordinate with the certification programs of
15 other states and federal agencies with similar standards.
16 (3) Manufacturers of new products covered by section 3 shall
17 identify each product offered for sale or installation in the
18 state as in compliance with the provisions of this act by means
19 of a mark, label, or tag on the product and packaging at the time
20 of sale or installation. The commission shall promulgate rules
21 governing the identification of the products and packaging, which
22 shall be coordinated to the greatest practical extent with the
23 labeling programs of other states and federal agencies with
24 equivalent efficiency standards. The commission shall allow the
25 use of existing marks, labels, or tags which connote compliance
26 with the efficiency requirements of this act.
27 (4) The commission may test products covered by section 3.
1 If products so tested are found not to be in compliance with the
2 minimum efficiency standards established under section 4, the
3 commission shall charge the manufacturer of the product for the
4 cost of product purchase and testing, and make information
5 available to the public on products found not to be in compliance
6 with the standards.
7 (5) With prior notice and at reasonable and convenient
8 hours, the commission may cause periodic inspections to be made
9 of distributors or retailers of new products covered by section 3
10 in order to determine compliance with this act.
11 (6) The commission shall investigate complaints received
12 concerning violations of this act and shall report the results of
13 the investigations to the attorney general. The attorney general
14 may institute proceedings to enforce this act. Any manufacturer,
15 distributor, or retailer, or any person who installs a product
16 covered by this act for compensation, who violates this act shall
17 be issued a warning by the commission for any first violation.
18 Repeat violations shall be subject to a civil penalty of not more
19 than $250.00. Each violation shall constitute a separate offense,
20 and each day that such violation continues shall constitute a
21 separate offense. Penalties assessed under this subsection are in
22 addition to costs assessed under subsection (4).
23 (7) The commission may promulgate further rules as necessary
24 to insure the proper implementation and enforcement of this act.