The authority to develop these rules is granted to the department in Title 19.260 RCW.

The purpose of these rules is to establish efficiency standards and design requirements for certain products sold or installed in the state assuring consumers and businesses that such products meet minimum efficiency performance levels thus saving energy and money on utility bills. This chapter applies to products sold or offered for sale, lease, or rent in the state, except those sold wholesale in Washington for final retail sale outside the state and those designed and sold exclusively for use in recreational vehicles, or other mobile equipment. The standards and design requirements apply regardless of whether the product is installed as a stand-alone product or as a component of another product.

The definitions in chapter 19.260 RCW apply throughout this chapter.

(1) The following terms have the same meaning as used in the California Rule:

(a) Showerheads;

(b) Tub spout diverters;

(c) Showerhead tub spout diverter combinations;

(d) Lavatory faucets and replacement aerators;

(e) Kitchen faucets and replacement aerators;

(f) Public lavatory faucets and replacement aerators;

(g) Urinals;

(h) Water closets;

(i) Computers and computer monitors; and

(j) Portable electric spas.

(2) "California Rule" means Title 20, Article 4, California Code of Regulations, in effect on December 9, 2021.

(3) "MAEDbS" means the modernized appliance efficiency database system established pursuant to section 1606(c) of the California Rule and maintained by the California energy commission.

(4) "Distribute" means to import, consign, buy or sell for resale, offer for sale, sell, barter, exchange, install for compensation or otherwise supply a product subject to the standards in this chapter or chapter 19.260 RCW.

(5) "Distributor" means a person who distributes.

(6) "Manufacturer" has the same meaning as used in the California Rule.

(1) First violations (notice of violation): When the department has determined that a manufacturer or distributor has violated chapter 19.260 RCW or this chapter, the director or their designee will issue a warning in the form of a notice of violation (NOV) for the first violation. The NOV will specify the time by which the manufacturer or distributor must cure the violation. If compliance is not achieved by the date established in the NOV, the department may consider the manufacturer's or distributor's continued noncompliance to constitute a subsequent violation.

(2) Repeat violations (notice of repeat violation and intent to assess penalties): If the department determines that the person receiving the NOV has committed a subsequent violation of chapter 19.260 RCW, the director or their designee may issue a notice of repeat violation and intent to assess penalties (NOI). The NOI informs the manufacturer or distributor of the portions of chapter 19.260 RCW and this chapter that have been violated and will include a description of how penalties will be calculated. A manufacturer or distributor receiving an NOI has twenty-five days from the date notice is given to request an administrative hearing by following the process specified on the NOI. If the request for hearing is not timely filed with the department, the manufacturer or distributor waives its right to a hearing and the director or their designee may issue a final order assessing penalties described in the NOI.

(3) Penalty assessment: Repeat violations are subject to a civil penalty of not more than two hundred fifty dollars a day, and the department may consider each unit of a noncompliant product to be a separate violation.

(4) Unpaid penalties: Interest will accrue on civil penalties pursuant to RCW 43.17.240 if and when the debt becomes past due. If a penalty has not been paid by the due date, the department may assign the debt to a collection agency as authorized by RCW 19.16.500 or take other action to pursue collection as authorized by law. If referred to a collection agency, the department may add a reasonable fee, payable by the debtor, to the outstanding debt for the collection agency fee.

(5) Administrative hearings: After receiving a timely request for an administrative hearing, the department may refer the matter to the office of administrative hearings (OAH). Administrative hearings will be conducted in accordance with the Administrative Procedure Act, chapter 34.05 RCW, the model rules of procedure, chapter 10-08 WAC, and the procedural rules adopted in this section. In the case of a conflict between the model rules of procedure and the procedural rules adopted in this section, the procedural rules adopted in this section take precedence.

(6) Initial orders to become final orders. Initial orders issued by the presiding officer will become final without further agency action unless, within twenty days:

(a) The director determines that the initial order should be reviewed; or

(b) A party to the proceeding files a petition for administrative review of the initial order. Upon occurrence of either event, notice shall be given to all parties to the proceeding.

(7) Reply to a petition for review. If a timely petition for review of an initial order is filed, other parties to the proceeding may file a reply to the petition for review. The reply shall be filed with the office where the petition for review was filed within twenty days of the date of service of the petition and copies shall be served upon all other parties or their representatives at the time the reply is filed.

(8) Agency review of an initial order. If the director determines the initial order should be reviewed or a petition for administrative review has been timely filed, the director may do one or more of the following: Allow the parties to present oral arguments as well as the written arguments; require the parties to specify the portions of the record on which the parties rely; require the parties to submit additional information by affidavit or certificate; remand the matter to the administrative law judge for further proceedings; and require a departmental employee to prepare a summary of the record for the director to review. The director or their designee shall issue a final order that can affirm, modify, or reverse the initial order. The final order will be served on all parties.

(9) Judicial review: A final order entered pursuant to this section is subject to judicial review pursuant to RCW 34.05.510 through 34.05.598.

(1) Scope. This rule applies to new portable electric spas manufactured on or after January 1, 2024.

(2) Standard. Portable electric spas must meet the requirements specified in section 1605.3 of the California Rule.

(3) Testing. Portable electric spas must be tested in accordance with the method specified in the American National Standard for portable electric spa energy efficiency (ANSI/APSP/ICC-14 2019).

(4) Listing. Each manufacturer must cause to be listed each portable electric spa, by model number, in MAEDbS.

(5) Marking. Every unit of every portable electric spa must comply with the requirements of section 1607 of the California Rule.

(1) Scope. This rule applies to new tub spout diverters manufactured on or after January 1, 2010, and installed for compensation in the state on or after January 1, 2011.

(2) Standard. Tub spout diverters that are within the scope and definition of the applicable regulation must meet the requirements in the California Rule, section 1605.3.

(3) Testing. Tub spout diverters must meet the testing criteria as measured in accordance with the test methods prescribed in the California Rule, section 1604.

(4) Listing. Each manufacturer must cause to be listed each tub spout diverter, by model number, in MAEDbS.

(5) Marking. Every unit of every tub spout diverter must comply with the requirements of section 1607 of the California Rule.

(1) Scope. This rule applies to new commercial hot food holding cabinets manufactured on or after January 1, 2010, and installed for compensation in the state on or after January 1, 2011.

(2) Standard. Commercial hot food holding cabinets must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial hot food holding cabinets, version 2.0.

(3) Testing. The idle energy rate of commercial hot food holding cabinets shall be determined using ANSI/ASTM F2140-11 standard test method for the performance of hot food holding cabinets (test for idle energy rate dry test).

(4) Listing. Each manufacturer must cause to be listed each commercial hot food holding cabinet, by model number, in MAEDbS.

(5) Marking. Every unit of every commercial hot food holding cabinet must comply with the requirements of section 1607 of the California Rule.

(1) Scope. This rule applies to new commercial dishwashers manufactured on or after January 1, 2021.

(2) Standard. Commercial dishwashers must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial dishwashers, version 2.0.

(3) Testing. Commercial dishwashers must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial dishwashers, version 2.0.

(4) Listing. Each manufacturer must cause to be listed each commercial dishwasher, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every commercial dishwasher must have an ENERGY STAR® label.

(1) Scope. This rule applies to new commercial fryers manufactured on or after January 1, 2021.

(2) Standard. Commercial fryers must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial fryers, version 2.0.

(3) Testing. Commercial fryers must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial fryers, version 2.0.

(4) Listing. Each manufacturer must cause to be listed each commercial fryer, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every commercial fryer must have an ENERGY STAR® label.

(1) Scope. This rule applies to new commercial ovens manufactured on or after January 1, 2024.

(2) Standard. Commercial ovens must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial ovens, version 2.2.

(3) Testing. Commercial ovens must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial ovens, version 2.2.

(4) Listing. Each manufacturer must cause to be listed each commercial oven, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every commercial oven must have an ENERGY STAR® label.

(1) Scope. This rule applies to new commercial steam cookers manufactured on or after January 1, 2021.

(2) Standard. Commercial steam cookers must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial steam cookers, version 1.2.

(3) Testing. Commercial steam cookers must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial steam cookers, version 1.2.

(4) Listing. Each manufacturer must cause to be listed each commercial steam cooker, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every commercial steam cooker must have an ENERGY STAR® label.

(1) Scope. This rule applies to new computers and computer monitors manufactured on or after January 1, 2021.

(2) Standard. Computers and computer monitors must meet the requirements of section 1605.3(v) of the California Rule.

(3) Testing. Computers and computer monitors must meet the testing requirements of section 1603 of the California Rule as measured in accordance with the test methods prescribed in section 1604(v) of the California Rule.

(4) Listing. Each manufacturer must cause to be listed each computer and computer monitor, by model number, in MAEDbS.

(5) Marking. Every unit of every computer and computer monitor must comply with the requirements of section 1607 of the California Rule.

(1) Scope. This rule applies to new faucets manufactured on or after January 1, 2021.

(2) Standard. The following products that are within the scope and definition of the applicable regulation must meet the requirements in the California Rule, section 1605.3:

(a) Lavatory faucets and replacement aerators;

(b) Kitchen faucets and replacement aerators;

(c) Public lavatory faucets and replacement aerators.

(3) Testing. Faucets must meet the testing criteria as measured in accordance with the test methods prescribed in the California Rule, section 1604.

(4) Listing. Each manufacturer must cause to be listed each faucet, by model number, in MAEDbS.

(5) Marking. Every unit of every faucet must comply with the requirements of section 1607 of the California Rule.

(1) Scope. This rule applies to new high CRI fluorescent lamps manufactured on or after January 1, 2023.

(2) Standard. High CRI fluorescent lamps must meet the requirements in 10 C.F.R. Sec. 430.32(n)(4) in effect as of January 3, 2017.

(3) Testing. High CRI fluorescent lamps must meet the testing criteria as measured in accordance with the test methods prescribed in 10 C.F.R. Sec. 430.23 (appendix R to subpart B of part 430) in effect as of January 3, 2017.

(4) Listing. There is no listing requirement for this product.

(5) Marking. Every unit of every high CRI fluorescent lamp must comply with the requirements of section 1607 of the California Rule.

(1) Scope. This rule applies to new residential ventilating fans manufactured between January 1, 2021, and December 31, 2023.

(2) Standard. Residential ventilating fans must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for residential ventilating fans, version 3.2.

(3) Testing. Residential ventilating fans must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for residential ventilating fans, version 3.2.

(4) Listing. There is no listing requirement for this product.

(5) Marking. There is no marking requirement for this product.

(1) Scope. This rule applies to new residential ventilating fans manufactured on or after January 1, 2024.

(2) Standard. Residential ventilating fans must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for residential ventilating fans, version 4.2.

(3) Testing. Residential ventilating fans must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for residential ventilating fans, version 4.2.

(4) Listing. Each manufacturer must cause to be listed each residential ventilating fan, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every residential ventilating fan must have an ENERGY STAR® label.

(1) Scope. This rule applies to new showerheads manufactured on or after January 1, 2021.

(2) Standard. Showerheads that are within the scope and definition of the applicable regulation must meet the requirements in the California Rule, section 1605.3.

(3) Testing. Showerheads must meet the testing criteria as measured in accordance with the test methods prescribed in the California Rule, section 1604.

(4) Listing. Each manufacturer must cause to be listed each showerhead, by model number, in MAEDbS.

(5) Marking. Every unit of every showerhead must comply with the requirements of section 1607 of the California Rule.

(1) Scope. This rule applies to new spray sprinkler bodies manufactured on or after January 1, 2021.

(2) Standard. Spray sprinkler bodies that are not specifically excluded from the scope of the Environmental Protection Agency WaterSense program product specification for spray sprinkler bodies, version 1.0, must include an integral pressure regulator and must meet the water efficiency and performance criteria and other requirements of that specification.

(3) Testing. Spray sprinkler bodies that are not specifically excluded from the scope of the Environmental Protection Agency WaterSense program product specification for spray sprinkler bodies, version 1.0, must include an integral pressure regulator and must meet the water efficiency and performance criteria and other requirements of that specification.

(4) Listing. Each manufacturer must cause to be listed each spray sprinkler body, by model number, in the WaterSense product database.

(5) Marking. Every unit of every spray sprinkler body product package must have a WaterSense label.

(1) Scope. This rule applies to new urinals manufactured on or after January 1, 2021.

(2) Standard. Urinals that are within the scope and definition of the applicable regulation must meet the requirements in the California Rule, section 1605.3.

(3) Testing. Urinals must meet the testing criteria as measured in accordance with the test methods prescribed in the California Rule, section 1604.

(4) Listing. Each manufacturer must cause to be listed each urinal, by model number, in MAEDbS.

(5) Marking. Every unit of every urinal must comply with the requirements of section 1607 of the California Rule.

(1) Scope. This rule applies to new water closets manufactured on or after January 1, 2021.

(2) Standard. Water closets that are within the scope and definition of the applicable regulation must meet the requirements in the California Rule, section 1605.3.

(3) Testing. Water closets must meet the testing criteria as measured in accordance with the test methods prescribed in the California Rule, section 1604.

(4) Listing. Each manufacturer must cause to be listed each water closet, by model number, in MAEDbS.

(5) Marking. Every unit of every water closet must comply with the requirements of section 1607 of the California Rule.

(1) Scope. This rule applies to new water coolers manufactured on or after January 1, 2021.

(2) Standard. Water coolers included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for water coolers, version 2.0 must have an on mode with no water draw energy consumption less than or equal to the following values:

(a) 0.16 kilowatt-hours per day for cold-only units and cook and cold units;

(b) 0.87 kilowatt-hours per day for storage type hot and cold units; and

(c) 0.18 kilowatt-hours per day for on demand hot and cold units.

(3) Testing. Water coolers must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for water coolers, version 2.0.

(4) Listing. Each manufacturer must cause to be listed each water cooler, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every water cooler must have an ENERGY STAR® label.

(1) Scope. This rule applies to new electric storage water heaters manufactured on or after January 1, 2023.

(2) Standard. Electric storage water heaters must have a modular demand response communications port compliant with:

(a) The March 2018 version of the ANSI/CTA–2045-A communication interface standard, or a standard determined by the department to be equivalent; and

(b) The March 2018 version of the ANSI/CTA-2045-A application layer requirements.

The interface standard and application layer requirements required in this subsection are the versions established in March 2018.

(3) Upon written request by a manufacturer, the department will determine whether an alternative communications port and communication interface standard are equivalent for the purposes of subsection (2) of this section.

(a) Any requested alternative must use a standard that is open and widely available and must provide the demand response functions provided using the standards identified in subsection (2) of this section.

(b) A request for designation of a standard must provide technical documentation demonstrating that the standard satisfies the requirements in (a) of this subsection and must describe any industry or stakeholder process used in developing the standard. The department will provide reasonable opportunity for input by utilities, manufacturers, technical experts and other interested stakeholders prior to determining whether the proposed standard is equivalent. The department will make available on a publicly accessible website any standard that it determines to be equivalent.

(4) Testing. There is no test method required for this product.

(5) Listing. There is no listing requirement for this product.

(6) Marking. Every unit of every electric storage water heater must have a label or marking indicating compliance with the standard in this section. The format and content of the label or marking must be approved in advance by the department.

(1) Scope. This rule applies to new air compressors manufactured on or after January 1, 2022, through January 9, 2025.

(2) Standard. Air compressors that meet the twelve criteria listed on page 350 to 351 of the "energy conservation standards for air compressors" final rule issued by the United States Department of Energy on December 5, 2016, must meet the requirements in Table 1 on page 352 in accordance with the instructions on page 353.

(3) Testing. Air compressors must meet the test criteria as measured in accordance with the "uniform test method for certain air compressors" under 10 C.F.R. Part 431 (Appendix A to Subpart T) as in effect on July 3, 2017.

(4) Listing. Each manufacturer must cause to be listed each air compressor, by model number, in MAEDbS.

(5) Marking. Every unit of every air compressor must comply with the requirements of Section 1607 of the California Rule.

(1) Scope. This rule applies to new portable air conditioners manufactured on or after February 1, 2022, through January 9, 2025.

(2) Standard. Portable air conditioners must have a combined energy efficiency ratio that is greater than or equal to:

where "SACC" is seasonally adjusted cooling capacity in British thermal unit/hour (Btu/hr).

(3) Testing. Portable air conditioners must meet the testing criteria as measured in accordance with the test methods prescribed in 10 C.F.R. Section 430.23 (Appendix CC to Subpart B of Part 430) in effect as of January 3, 2017, as updated by the correction notice at 84 Fed. Reg. 5346 (February 21, 2019).

(4) Listing. Each manufacturer must cause to be listed each portable air conditioner, by model number, in MAEDbS.

(5) Marking. Every unit of every portable air conditioner must comply with the requirements of Section 1607 of the California Rule.

(1) Scope. This rule applies to new electric vehicle supply equipment manufactured on or after January 1, 2024.

(2) Standard. Electric vehicle supply equipment must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for electric vehicle supply equipment, version 1.2.

(3) Testing. Electric vehicle supply equipment must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for electric vehicle supply equipment, version 1.2.

(4) Listing. Each manufacturer must cause to be listed each electric vehicle supply equipment, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every electric vehicle supply equipment must have an ENERGY STAR® label.