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Chapter 19.260 RCW

Energy efficiency

RCW Sections

19.260.010Findings.
19.260.020Definitions.
19.260.030Application of chapter.
19.260.040Minimum efficiency standards.
19.260.050Limit on sale or installation of products required to meet or exceed standards in RCW 19.260.040.
19.260.060Department recommended updates to standards.
19.260.070Manufacturers must test products--Certification--Rules--Identification of products--Complaints -- Penalty.
19.260.900Severability--2005 c 298.

19.260.010
Findings.

The legislature finds that:

     (1) According to estimates of the *department of community, trade, and economic development, the efficiency standards set forth in chapter 298, Laws of 2005 will save nine hundred thousand megawatt-hours of electricity, thirteen million therms of natural gas, and one billion seven hundred million gallons of water in the year 2020, fourteen years after the standards have become effective, with a total net present value to buyers of four hundred ninety million dollars in 2020.

     (2) Efficiency standards for certain products sold or installed in the state assure consumers and businesses that such products meet minimum efficiency performance levels thus saving money on utility bills.

     (3) Efficiency standards save energy and reduce pollution and other environmental impacts associated with the production, distribution, and use of electricity and natural gas.

     (4) Efficiency standards contribute to the economy of Washington by helping to better balance energy supply and demand, thus reducing pressure for higher natural gas and electricity prices. By saving consumers and businesses money on energy bills, efficiency standards help the state and local economy, since energy bill savings can be spent on local goods and services.

     (5) Efficiency standards can make electricity systems more reliable by reducing the strain on the electricity grid during peak demand periods. Furthermore, improved energy efficiency can reduce or delay the need for new power plants, power transmission lines, and power distribution system upgrades.

[2005 c 298 § 1.]

Notes:

     *Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.



19.260.020
Definitions.

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) "Bottle-type water dispenser" means a water dispenser that uses a bottle or reservoir as the source of potable water.

     (3) "Commercial hot food holding cabinet" means a heated, fully enclosed compartment, with one or more solid or partial glass doors, that is designed to maintain the temperature of hot food that has been cooked in a separate appliance. "Commercial hot food holding cabinet" does not include heated glass merchandising cabinets, drawer warmers, or cook and hold appliances.

     (4)(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.

     (5) "Compensation" means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.

     (6) "Cook and hold appliance" means a multiple mode appliance intended for cooking food that may be used to hold the temperature of the food that has been cooked in the same appliance.

     (7) "Department" means the department of commerce.

     (8) "Drawer warmer" means an appliance that consists of one or more heated drawers and that is designed to hold hot food that has been cooked in a separate appliance at a specified temperature.

     (9) "Heated glass merchandising cabinet" means an appliance with a heated cabinet constructed of glass or clear plastic doors which, with seventy percent or more clear area, is designed to display and maintain the temperature of hot food that has been cooked in a separate appliance.

     (10) "Hot water dispenser" means a small electric water heater that has a measured storage volume of no greater than one gallon.

     (11) "Mini-tank electric water heater" means a small electric water heater that has a measured storage volume of more than one gallon and a rated storage volume of less than twenty gallons.

     (12) "Pass-through cabinet" means a commercial refrigerator or freezer with hinged or sliding doors on both the front and rear of the unit.

     (13) "Point-of-use water dispenser" means a water dispenser that uses a pressurized water utility connection as the source of potable water.

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

     (15) "Portable electric spa" means a factory-built electric spa or hot tub, supplied with equipment for heating and circulating water.

     (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.

     (17) "Residential pool pump" means a pump used to circulate and filter pool water in order to maintain clarity and sanitation.

     (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.

     (19) "Showerhead" means a device through which water is discharged for a shower bath.

     (20) "Showerhead tub spout diverter combination" means a group of plumbing fittings sold as a matched set and consisting of a control valve, a tub spout diverter, and a showerhead.

     (21) "State-regulated incandescent reflector lamp" means a lamp that is not colored or designed for rough or vibration service applications, has an inner reflective coating on the outer bulb to direct the light, an E26 medium screw base, a rated voltage or voltage range that lies at least partially within 115 to 130 volts, and 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; or

     (b) A reflector, parabolic aluminized reflector, or similar bulb shape and which has a diameter of 2.25 to 2.75 inches.

     (22) "Tub spout diverter" means a device designed to stop the flow of water into a bathtub and to divert it so that the water discharges through a showerhead.

     (23) "Wine chillers designed and sold for use by an individual" means refrigerators designed and sold for the cooling and storage of wine by an individual.

[2009 c 565 § 18; 2009 c 501 § 1; 2006 c 194 § 1; 2005 c 298 § 2.]

Notes:

     Reviser's note: This section was amended by 2009 c 501 § 1 and by 2009 c 565 § 18, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).



19.260.030
Application of chapter.

(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 refrigerators and freezers;

     (c) State-regulated incandescent reflector lamps;

     (d) Wine chillers designed and sold for use by an individual;

     (e) Hot water dispensers and mini-tank electric water heaters;

     (f) Bottle-type water dispensers and point-of-use water dispensers;

     (g) Pool heaters, residential pool pumps, and portable electric spas;

     (h) Tub spout diverters; and

     (i) Commercial hot food holding cabinets.

     (2) This chapter applies equally to products whether they are sold, offered for sale, or installed as stand-alone products or as components of other products.

     (3) 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.

[2009 c 501 § 2; 2006 c 194 § 2; 2005 c 298 § 3.]



19.260.040
Minimum efficiency standards.

The minimum efficiency standards specified in this section apply to 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:


Equipment type Type of cooling Harvest rate

(lbs. ice/24 hrs.)		 Maximum

energy use

(kWh/100 lbs.)		 Maximum condenser

water use

(gallons/100 lbs. ice)
Ice-making head water <500 7.80 - .0055H 200 - .022H
>=500<1436 5.58 - .0011H 200 - .022H
>=1436 4.0 200 - .022H
Ice-making head air 450 10.26 - .0086H Not applicable
>=450 6.89 - .0011H Not applicable
Remote condensing but not remote compressor air <1000 8.85 - .0038 Not applicable
>=1000 5.10 Not applicable
Remote condensing and remote compressor air <934 8.85 - .0038H Not applicable
>=934 5.3 Not applicable
Self-contained models water <200 11.40 - .0190H 191 - .0315H
>=200 7.60 191 - .0315H
Self-contained models air <175 18.0 - .0469H Not applicable
>=175 9.80 Not applicable
Where H= harvest rate in pounds per twenty-four hours which must be reported within 5% of the tested value. "Maximum water use" applies only to water used for the condenser.



     (b) For purposes of this section, automatic commercial ice cube machines shall be tested in accordance with the ARI 810-2003 test method as published by the air-conditioning and refrigeration institute. Ice- making heads include all automatic commercial ice cube machines that are not split system ice makers or self-contained models as defined in ARI 810-2003.

     (2)(a) Commercial refrigerators and freezers must meet the applicable requirements listed in the following table:


Equipment Type Doors Maximum Daily Energy Consumption (kWh)
Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are refrigerators Solid 0.10V+ 2.04
Transparent 0.12V+ 3.34
Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are "pulldown" refrigerators Transparent .126V+ 3.51
Reach-in cabinets, pass-through cabinets, and roll-in or roll-through cabinets that are freezers Solid 0.40V+ 1.38
Transparent 0.75V+ 4.10
Reach-in cabinets that are refrigerator-freezers

with an AV of 5.19 or higher
 Solid
 0.27AV - 0.71
kWh= kilowatt hours

V= total volume (ft3)

AV= adjusted volume= [1.63 x freezer volume (ft3)]+ refrigerator volume (ft3)



     (b) For purposes of this section, "pulldown" designates products designed to take a fully stocked refrigerator with beverages at 90 degrees Fahrenheit and cool those beverages to a stable temperature of 38 degrees Fahrenheit within 12 hours or less. Daily energy consumption shall be measured in accordance with the American national standards institute/American society of heating, refrigerating and air-conditioning engineers test method 117-2002, except that the back-loading doors of pass-through and roll-through refrigerators and freezers must remain closed throughout the test, and except that the controls of all appliances must be adjusted to obtain the following product temperatures.


Product or compartment type Integrated average product temperature in degrees Fahrenheit
Refrigerator 38+ 2
Freezer 0+ 2



     (3)(a) The lamp electrical power input of state-regulated incandescent reflector lamps shall meet the minimum average lamp efficacy requirements for federally regulated incandescent reflector lamps specified in 42 U.S.C. Sec. 6295(i)(l)(A)-(B).

     (b) The following types of incandescent lamps are exempt from these requirements:

     (i) Lamps rated at fifty watts or less of the following types: BR 30, ER 30, BR 40, and ER 40;

     (ii) Lamps rated at sixty-five watts of the following types: BR 30, BR 40, and ER 40; and

     (iii) R 20 lamps of forty-five watts or less.

     (4)(a) Wine chillers designed and sold for use by an individual must meet requirements specified in the California Code of Regulations, Title 20, section 1605.3 in effect as of July 26, 2009.

     (b) Wine chillers designed and sold for use by an individual shall be tested in accordance with the method specified in the California Code of Regulations, Title 20, section 1604 in effect as of July 26, 2009.

     (5)(a) The standby energy consumption of bottle-type water dispensers, and point-of-use water dispensers, dispensing both hot and cold water, manufactured on or after January 1, 2010, shall not exceed 1.2 kWh/day.

     (b) The test method for water dispensers shall be the environmental protection agency energy star program requirements for bottled water coolers version 1.1.

     (6)(a) The standby energy consumption of hot water dispensers and mini-tank electric water heaters manufactured on or after January 1, 2010, shall be not greater than 35 watts.

     (b) This subsection does not apply to any water heater:

     (i) That is within the scope of 42 U.S.C. Sec. 6292(a)(4) or 6311(1);

     (ii) That has a rated storage volume of less than 20 gallons; and

     (iii) For which there is no federal test method applicable to that type of water heater.

     (c) Hot water dispensers shall be tested in accordance with the method specified in the California Code of Regulations, Title 20, section 1604 in effect as of July 26, 2009.

     (d) Mini-tank electric water heaters shall be tested in accordance with the method specified in the California Code of Regulations, Title 20, section 1604 in effect as of July 26, 2009.

     (7) The following standards are established for pool heaters, residential pool pumps, and portable electric spas:

     (a) Natural gas pool heaters shall not be equipped with constant burning pilots.

     (b) Residential pool pump motors manufactured on or after January 1, 2010, must meet requirements specified in the California Code of Regulations, Title 20, section 1605.3 in effect as of July 26, 2009.

     (c) Portable electric spas manufactured on or after January 1, 2010, must meet requirements specified in the California Code of Regulations, Title 20, section 1605.3 in effect as of July 26, 2009.

     (d) Portable electric spas must be tested in accordance with the method specified in the California Code of Regulations, Title 20, section 1604 in effect as of July 26, 2009.

     (8)(a) The leakage rate of tub spout diverters shall be no greater than the applicable requirements shown in the following table:


Maximum Leakage Rate
Appliance Testing Conditions Effective January 1, 2009
When new 0.01 gpm
Tub spout diverters After 15,000 cycles of diverting 0.05 gpm



     (b) Showerhead tub spout diverter combinations shall meet both the federal standard for showerheads established pursuant to 42 U.S.C. Sec. 6291 et seq. and the standard for tub spout diverters specified in this section.

     (9)(a) The idle energy rate of commercial hot food holding cabinets manufactured on or after January 1, 2010, shall be no greater than 40 watts per cubic foot of measured interior volume.

     (b) The idle energy rate of commercial hot food holding cabinets shall be determined using ANSI/ASTM F2140-01 standard test method for the performance of hot food holding cabinets (test for idle energy rate dry test). Commercial hot food holding cabinet interior volume shall be calculated using straight line segments following the gross interior dimensions of the appliance and using the following equation: Interior height x interior width x interior depth. Interior volume shall not account for racks, air plenums, or other interior parts.

[2009 c 501 § 3; 2006 c 194 § 3; 2005 c 298 § 4.]



19.260.050
Limit on sale or installation of products required to meet or exceed standards in RCW 19.260.040.

(1) No new commercial refrigerator or freezer or state-regulated incandescent reflector lamp 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 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 refrigerator or freezer or state-regulated incandescent reflector lamp 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 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 state-regulated incandescent reflector lamps are effective on the dates specified in subsections (1) and (2) of this section.

     (4) The following products, if manufactured on or after January 1, 2010, may not be sold or offered in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040:

     (a) Wine chillers designed and sold for use by an individual;

     (b) Hot water dispensers and mini-tank electric water heaters;

     (c) Bottle-type water dispensers and point-of-use water dispensers;

     (d) Pool heaters, residential pool pumps, and portable electric spas;

     (e) Tub spout diverters; and

     (f) Commercial hot food holding cabinets.

     (5) The following products, if manufactured on or after January 1, 2010, may not be installed for compensation in the state on or after January 1, 2011, unless the efficiency of the new product meets or exceeds the efficiency standards set forth in RCW 19.260.040:

     (a) Wine chillers designed and sold for use by an individual;

     (b) Hot water dispensers and mini-tank electric water heaters;

     (c) Bottle-type water dispensers and point-of-use water dispensers;

     (d) Pool heaters, residential pool pumps, and portable electric spas;

     (e) Tub spout diverters; and

     (f) Commercial hot food holding cabinets.

[2009 c 501 § 4; 2006 c 194 § 4; 2005 c 298 § 5.]

19.260.060
Department recommended updates to standards.

The department may recommend updates to the energy efficiency standards and test methods for products listed in RCW 19.260.030. The department may also recommend establishing state standards for additional nonfederally covered products. In making its recommendations, the department shall use the following criteria: (1) Multiple manufacturers produce products that meet the proposed standard at the time of recommendation, (2) products meeting the proposed standard are available at the time of recommendation, (3) the products are cost-effective to consumers on a life-cycle cost basis using average Washington resource rates, (4) the utility of the energy efficient product meets or exceeds the utility of the comparable product available for purchase, and (5) the standard exists in at least two other states in the United States. For recommendations concerning commercial clothes washers, the department must also consider the fiscal effects on the low-income, elderly, and student populations. Any recommendations shall be transmitted to the appropriate committees of the legislature sixty days before the start of any regular legislative session.

[2005 c 298 § 6.]

19.260.070
Manufacturers must test products — Certification — Rules — Identification of products — Complaints — Penalty.

(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.

[2005 c 298 § 7.]

Notes:

     *Reviser's note: RCW 19.260.020 was amended by 2009 c 501 § 1, deleting the definition of "single-voltage external AC to DC power supply."



19.260.900
Severability — 2005 c 298.

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

[2005 c 298 § 8.]