certification of enrollment second substitute house …

CERTIFICATION OF ENROLLMENTSECOND SUBSTITUTE HOUSE BILL 1444

Chapter 286, Laws of 2019

66th Legislature2019 Regular Session

APPLIANCE EFFICIENCY STANDARDS

EFFECTIVE DATE: July 28, 2019

Passed by the House April 18, 2019 Yeas 55 Nays 39

FRANK CHOPPSpeaker of the House of Representatives

Passed by the Senate April 15, 2019 Yeas 26 Nays 22

CYRUS HABIBPresident of the Senate

CERTIFICATE

I, Bernard Dean, Chief Clerk of theHouse of Representatives of theState of Washington, do herebycertify that the attached is SECONDSUBSTITUTE HOUSE BILL 1444 aspassed by the House ofRepresentatives and the Senate onthe dates hereon set forth.

BERNARD DEANChief Clerk

Approved May 7, 2019 3:26 PM FILED

May 13, 2019

JAY INSLEEGovernor of the State of Washington

Secretary of State State of Washington

AN ACT Relating to appliance efficiency standards; amending RCW119.260.010, 19.260.030, 19.260.040, 19.260.050, 19.260.060, and219.260.070; reenacting and amending RCW 19.260.020; adding a new3section to chapter 19.260 RCW; creating a new section; and repealing4RCW 19.27.170.5

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6

Sec. 1. RCW 19.260.010 and 2005 c 298 s 1 are each amended to7read as follows:8

The legislature finds that appliance standards and design9requirements:10

(1) ((According to estimates of the department of community,11trade, and economic development, the efficiency standards set forth12in chapter 298, Laws of 2005 will save nine hundred thousand13megawatt-hours of electricity, thirteen million therms of natural14gas, and one billion seven hundred million gallons of water in the15year 2020, fourteen years after the standards have become effective,16with a total net present value to buyers of four hundred ninety17million dollars in 2020.18

(2) Efficiency standards)) For certain products sold or installed19in the state assure consumers and businesses that such products meet20

SECOND SUBSTITUTE HOUSE BILL 1444

AS AMENDED BY THE SENATEPassed Legislature - 2019 Regular Session

State of Washington 66th Legislature 2019 Regular SessionBy House Appropriations (originally sponsored by RepresentativesMorris, Fitzgibbon, Tarleton, and Ormsby; by request of Department ofCommerce)READ FIRST TIME 02/28/19.

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minimum efficiency performance levels thus saving money on utility1bills.2

(((3) Efficiency standards)) (2) Save energy and reduce pollution3and other environmental impacts associated with the production,4distribution, and use of electricity and natural gas.5

(((4) Efficiency standards)) (3) Contribute to the economy of6Washington by helping to better balance energy supply and demand,7thus reducing pressure for higher natural gas and electricity prices.8By saving consumers and businesses money on energy bills, efficiency9standards help the state and local economy, since energy bill savings10can be spent on local goods and services.11

(((5) Efficiency standards)) (4) Can make electricity systems12more reliable by reducing the strain on the electricity grid during13peak demand periods. Furthermore, improved energy efficiency can14reduce or delay the need for new power plants, power transmission15lines, and power distribution system upgrades.16

(5) Help ensure renters have the same access to energy efficient17appliances as homeowners.18

Sec. 2. RCW 19.260.020 and 2009 c 565 s 18 and 2009 c 501 s 119are each reenacted and amended to read as follows:20

The definitions in this section apply throughout this chapter21unless the context clearly requires otherwise.22

(1) (("Automatic commercial ice cube machine" means a factory-23made assembly, not necessarily shipped in one package, consisting of24a condensing unit and ice-making section operating as an integrated25unit with means for making and harvesting ice cubes. It may also26include integrated components for storing or dispensing ice, or both.27

(2))) "Bottle-type water dispenser" means a water dispenser that28uses a bottle or reservoir as the source of potable water.29

(((3))) (2) "Commercial hot food holding cabinet" means a heated,30fully enclosed compartment, with one or more solid or partial glass31doors, that is designed to maintain the temperature of hot food that32has been cooked in a separate appliance. "Commercial hot food holding33cabinet" does not include heated glass merchandising cabinets, drawer34warmers, or cook and hold appliances.35

(((4)(a) "Commercial refrigerators and freezers" means36refrigerators, freezers, or refrigerator-freezers designed for use by37commercial or institutional facilities for the purpose of storing or38merchandising food products, beverages, or ice at specified39

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temperatures that: (i) Incorporate most components involved in the1vapor-compression cycle and the refrigerated compartment in a single2cabinet; and (ii) may be configured with either solid or transparent3doors as a reach-in cabinet, pass-through cabinet, roll-in cabinet,4or roll-through cabinet.5

(b) "Commercial refrigerators and freezers" does not include: (i)6Products with 85 cubic feet or more of internal volume; (ii) walk-in7refrigerators or freezers; (iii) consumer products that are federally8regulated pursuant to 42 U.S.C. Sec. 6291 et seq.; (iv) products9without doors; or (v) freezers specifically designed for ice cream.10

(5))) (3) "Compensation" means money or any other valuable thing,11regardless of form, received or to be received by a person for12services rendered.13

(((6))) (4) "Cook and hold appliance" means a multiple mode14appliance intended for cooking food that may be used to hold the15temperature of the food that has been cooked in the same appliance.16

(((7))) (5) "Department" means the department of commerce.17(((8))) (6) "Drawer warmer" means an appliance that consists of18

one or more heated drawers and that is designed to hold hot food that19has been cooked in a separate appliance at a specified temperature.20

(((9))) (7) "Heated glass merchandising cabinet" means an21appliance with a heated cabinet constructed of glass or clear plastic22doors which, with seventy percent or more clear area, is designed to23display and maintain the temperature of hot food that has been cooked24in a separate appliance.25

(((10))) (8) "Hot water dispenser" means a small electric water26heater that has a measured storage volume of no greater than one27gallon.28

(((11))) (9) "Mini-tank electric water heater" means a small29electric water heater that has a measured storage volume of more than30one gallon and a rated storage volume of less than twenty gallons.31

(((12) "Pass-through cabinet" means a commercial refrigerator or32freezer with hinged or sliding doors on both the front and rear of33the unit.34

(13))) (10) "Point-of-use water dispenser" means a water35dispenser that uses a pressurized water utility connection as the36source of potable water.37

(((14) "Pool heater" means an appliance designed for heating38nonpotable water contained at atmospheric pressure for swimming39pools, spas, hot tubs, and similar applications.40

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(15))) (11) "Portable electric spa" means a factory-built1electric spa or hot tub, ((supplied with equipment for heating and2circulating water)) which may or may not include any combination of3integral controls, water heating, or water circulating equipment.4

(((16) "Reach-in cabinet" means a commercial refrigerator or5freezer with hinged or sliding doors or lids, but does not include6roll-in or roll-through cabinets or pass-through cabinets.7

(17))) (12) "Residential pool pump" means a pump used to8circulate and filter pool water in order to maintain clarity and9sanitation.10

(((18)(a) "Roll-in cabinet" means a commercial refrigerator or11freezer with hinged or sliding doors that allow wheeled racks of12product to be rolled into the unit.13

(b) "Roll-through cabinet" means a commercial refrigerator or14freezer with hinged or sliding doors on two sides of the cabinet that15allow wheeled racks of product to be rolled through the unit.16

(19) "Showerhead" means a device through which water is17discharged for a shower bath.18

(20) "Showerhead tub spout diverter combination" means a group of19plumbing fittings sold as a matched set and consisting of a control20valve, a tub spout diverter, and a showerhead.21

(21) "State-regulated incandescent reflector lamp" means a lamp22that is not colored or designed for rough or vibration service23applications, has an inner reflective coating on the outer bulb to24direct the light, an E26 medium screw base, a rated voltage or25voltage range that lies at least partially within 115 to 130 volts,26and falls into one of the following categories:27

(a) A bulged reflector or elliptical reflector bulb shape and28which has a diameter which equals or exceeds 2.25 inches; or29

(b) A reflector, parabolic aluminized reflector, or similar bulb30shape and which has a diameter of 2.25 to 2.75 inches.31

(22) "Tub spout diverter" means a device designed to stop the32flow of water into a bathtub and to divert it so that the water33discharges through a showerhead.34

(23) "Wine chillers designed and sold for use by an individual"35means refrigerators designed and sold for the cooling and storage of36wine by an individual.))37

(13) "Commercial dishwasher" means a machine designed to clean38and sanitize plates, pots, pans, glasses, cups, bowls, utensils, and39

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trays by applying sprays of detergent solution, with or without1blasting media granules, and a sanitizing rinse.2

(14) "Commercial fryer" means an appliance, including a cooking3vessel, in which oil is placed to such a depth that the cooking food4is supported by displacement of the cooking fluid rather than by the5bottom of the vessel. Heat is delivered to the cooking fluid by means6of an immersed electric element of band-wrapped vessel (electric7fryers) or by heat transfer from gas burners through either the walls8of the fryer or through tubes passing through the cooking fluid (gas9fryers).10

(15) "Commercial steam cooker" means a device with one or more11food-steaming compartments in which the energy in the steam is12transferred to the food by direct contact. Models may include13countertop models, wall-mounted models, and floor models mounted on a14stand, pedestal, or cabinet-style base.15

(16) "Air compressor" means a compressor designed to compress air16that has an inlet open to the atmosphere or other source of air and17is made up of a compression element (bare compressor), a driver or18drivers, mechanical equipment to drive the compressor element, and19any ancillary equipment.20

(17) "Compressor" means a machine or apparatus that converts21different types of energy into the potential energy of gas pressure22for displacement and compression of gaseous media to any higher-23pressure values above atmospheric pressure and has a pressure ratio24at full-load operating pressure greater than 1.3.25

(18) "General service lamp" has the same meaning as set forth in26the action published at 82 Fed. Reg. 7276, 7321-22 (January 19, 2017)27and modified by the action published at 82 Fed. Reg. 7322, 733328(January 19, 2017).29

(19) "High color rendering index fluorescent lamp" or "high CRI30fluorescent lamp" means a fluorescent lamp with a color rendering31index of eighty-seven or greater that is not a compact fluorescent32lamp.33

(20) "Portable air conditioner" means a portable encased34assembly, other than a packaged terminal air conditioner, room air35conditioner, or dehumidifier, that delivers cooled, conditioned air36to an enclosed space, and is powered by single-phase electric37current. It includes a source of refrigeration and may include38additional means for air circulation and heating and may be a single-39duct or a dual-duct portable air conditioner.40

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(21) "Residential ventilating fan" means a ceiling, wall-mounted,1or remotely mounted in-line fan designed to be used in a bathroom or2utility room whose purpose is to move objectionable air from inside3the building to the outdoors.4

(22) "Signage display" means an analog or digital device designed5primarily for the display for computer-generated signals that is not6marketed for use as a computer monitor or a television.7

(23) "Spray sprinkler body" means the exterior case or shell of a8sprinkler incorporating a means of connection to the piping system9designed to convey water to a nozzle or orifice.10

(24) "Uninterruptible power supply" means a battery charger11consisting of a number of convertors, switches, and energy storage12devices such as batteries, constituting a power system for13maintaining continuity of load power in case of input power failure.14

(25) "Water cooler" means a freestanding device that consumes15energy to cool or heat potable water, including cold only units, hot16and cold units, cook and cold units, storage-type units, and on-17demand units.18

(26) "Pressure regulator" means a device that maintains constant19operating pressure immediately downstream from the device, given20higher pressure upstream.21

(27) "ANSI" means the American national standards institute.22(28) "CTA" means the consumer technology association.23(29) "Electric storage water heater" means a consumer product24

that uses electricity as the energy source to heat domestic potable25water, has a nameplate input rating of twelve kilowatts or less,26contains nominally forty gallons but no more than one hundred twenty27gallons of rated hot water storage volume, and supplies a maximum hot28water delivery temperature less than one hundred eighty degrees29fahrenheit.30


(1) This chapter applies to the following types of new products33sold, offered for sale, or installed in the state:34

(a) ((Automatic commercial ice cube machines;35(b) Commercial refrigerators and freezers;36(c) State-regulated incandescent reflector lamps;37(d) Wine chillers designed and sold for use by an individual;38(e))) Hot water dispensers and mini-tank electric water heaters;39

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(((f))) (b) Bottle-type water dispensers and point-of-use water1dispensers;2

(((g) Pool heaters,)) (c) Residential pool pumps((,)) and3portable electric spas;4

(((h))) (d) Tub spout diverters; ((and5(i))) (e) Commercial hot food holding cabinets;6(f) Air compressors;7(g) Commercial fryers, commercial dishwashers, and commercial8

steam cookers;9(h) Computers and computer monitors;10(i) Faucets;11(j) High CRI fluorescent lamps;12(k) Portable air conditioners;13(l) Residential ventilating fans;14(m) Showerheads;15(n) Spray sprinkler bodies;16(o) Uninterruptible power supplies;17(p) Urinals and water closets;18(q) Water coolers;19(r) General service lamps; and20(s) Electric storage water heaters.21(2) This chapter applies equally to products whether they are22

sold, offered for sale, or installed as stand-alone products or as23components of other products.24

(3) This chapter does not apply to:25(a) New products manufactured in the state and sold outside the26

state;27(b) New products manufactured outside the state and sold at28

wholesale inside the state for final retail sale and installation29outside the state;30

(c) Products installed in mobile manufactured homes at the time31of construction; or32

(d) Products designed expressly for installation and use in33recreational vehicles.34


Except as provided in subsection (1) of this section, the minimum37efficiency standards specified in this section apply to the types of38

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new products set forth in RCW 19.260.030 as of the effective dates1set forth in RCW 19.260.050.2

(1)(((a) Automatic commercial ice cube machines must have daily3energy use and daily water use no greater than the applicable values4in the following table:5 6 7 8 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)

9 Ice-making head water <500 7.80 - .0055H 200 - .022H

10 ˃=500<1436 5.58 - .0011H 200 - .022H

11 ˃=1436 4.0 200 - .022H

12 Ice-making head air 450 10.26 - .0086H Not applicable

13 ˃=450 6.89 - .0011H Not applicable

14 15Remote condensing but

not remote compressor

air <1000 8.85 - .0038 Not applicable

16 ˃=1000 5.10 Not applicable

17 18Remote condensing and

remote compressor

air <934 8.85 - .0038H Not applicable


20 Self-contained models water <200 11.40 - .0190H 191 - .0315H

21 ˃=200 7.60 191 - .0315H

22 Self-contained models air <175 18.0 - .0469H Not applicable


24 25Where 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 cube26machines shall be tested in accordance with the ARI 810-2003 test27method as published by the air-conditioning and refrigeration28institute. Ice-making heads include all automatic commercial ice cube29machines that are not split system ice makers or self-contained30models as defined in ARI 810-2003.31

(2)(a) Commercial refrigerators and freezers must meet the32applicable requirements listed in the following table:33 34 Equipment Type Doors Maximum Daily Energy Consumption (kWh)

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1 2Reach-in cabinets, pass-through cabinets, and roll-

in or roll-through cabinets that are refrigerators

Solid 0.10V+ 2.04

3 Transparent 0.12V+ 3.34

4 5 6

Reach-in cabinets, pass-through cabinets, and roll-

in or roll-through cabinets that are "pulldown"

refrigerators

Transparent .126V+ 3.51

7 8Reach-in cabinets, pass-through cabinets, and roll-

in or roll-through cabinets that are freezers

Solid 0.40V+ 1.38

9 Transparent 0.75V+ 4.10

10 11Reach-in cabinets that are refrigerator-freezers

with an AV of 5.19 or higher

Solid 0.27AV - 0.71

12 13 14

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 products15designed to take a fully stocked refrigerator with beverages at 9016degrees Fahrenheit and cool those beverages to a stable temperature17of 38 degrees Fahrenheit within 12 hours or less. Daily energy18consumption shall be measured in accordance with the American19national standards institute/American society of heating,20refrigerating and air-conditioning engineers test method 117-2002,21except that the back-loading doors of pass-through and roll-through22refrigerators and freezers must remain closed throughout the test,23and except that the controls of all appliances must be adjusted to24obtain the following product temperatures.25 26 Product or compartment type Integrated average product temperature in degrees Fahrenheit

27 Refrigerator 38+ 2

28 Freezer 0+ 2

(3)(a) The lamp electrical power input of state-regulated29incandescent reflector lamps shall meet the minimum average lamp30efficacy requirements for federally regulated incandescent reflector31lamps specified in 42 U.S.C. Sec. 6295(i)(l)(A)-(B).32

(b) The following types of incandescent lamps are exempt from33these requirements:34

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(i) Lamps rated at fifty watts or less of the following types: BR130, ER 30, BR 40, and ER 40;2

(ii) Lamps rated at sixty-five watts of the following types: BR330, BR 40, and ER 40; and4

(iii) R 20 lamps of forty-five watts or less.5(4)(a) Wine chillers designed and sold for use by an individual6

must meet requirements specified in the California Code of7Regulations, Title 20, section 1605.3 in effect as of July 26, 2009.8

(b) Wine chillers designed and sold for use by an individual9shall be tested in accordance with the method specified in the10California Code of Regulations, Title 20, section 1604 in effect as11of July 26, 2009.12

(5))) The department may adopt by rule a more recent version of13any standard or test method established in this section, including14any product definition associated with the standard or test method,15in order to maintain or improve consistency with other comparable16standards in other states.17

(2)(a) The standby energy consumption of bottle-type water18dispensers, and point-of-use water dispensers, dispensing both hot19and cold water, manufactured on or after January 1, 2010, shall not20exceed 1.2 kWh/day.21

(b) The test method for water dispensers shall be the22environmental protection agency energy star program requirements for23bottled water coolers version 1.1.24

(((6))) (3)(a) The standby energy consumption of hot water25dispensers and mini-tank electric water heaters manufactured on or26after January 1, 2010, shall be not greater than 35 watts.27

(b) This subsection does not apply to any water heater:28(i) That is within the scope of 42 U.S.C. Sec. 6292(a)(4) or29

6311(1);30(ii) That has a rated storage volume of less than 20 gallons; and31(iii) For which there is no federal test method applicable to32

that type of water heater.33(c) Hot water dispensers shall be tested in accordance with the34

method specified in the California Code of Regulations, Title 20,35section 1604 in effect as of July 26, 2009.36

(d) Mini-tank electric water heaters shall be tested in37accordance with the method specified in the California Code of38Regulations, Title 20, section 1604 in effect as of July 26, 2009.39

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(((7))) (4) The following standards are established for ((pool1heaters,)) residential pool pumps((,)) and portable electric spas:2

(a) ((Natural gas pool heaters shall not be equipped with3constant burning pilots.4

(b))) Residential pool pumps ((motors)) manufactured on or after5January 1, 2010, and until July 18, 2021, must meet requirements6specified in the California Code of Regulations, Title 20, section71605.3 in effect as of July 26, 2009. Beginning July 19, 2021,8residential pool pumps must meet requirements specified in the9dedicated-purpose pool pump rule published by the United States10department of energy on January 18, 2017, (82 Fed. Reg. 5650) and11effective on May 18, 2017.12

(((c))) (b) Through December 31, 2019, portable electric spas13manufactured on or after January 1, 2010, must meet requirements14specified in the California Code of Regulations, Title 20, section151605.3 in effect as of July 26, 2009. Beginning January 1, 2020,16portable electric spas must meet the requirements of the American17national standard for portable electric spa energy efficiency (ANSI/18APSP/ICC-14 2014).19

(((d))) (c) Through December 31, 2019, portable electric spas20must be tested in accordance with the method specified in the21California Code of Regulations, Title 20, section 1604 in effect as22of July 26, 2009. Beginning January 1, 2020, portable electric spas23must be tested in accordance with the method specified in the24American national standard for portable electric spa energy25efficiency (ANSI/APSP/ICC-14 2014).26

(((8)(a) The leakage rate of tub spout diverters shall be no27greater than the applicable requirements shown in the following28table:29 30 Maximum Leakage Rate

31 Appliance Testing Conditions Effective January 1, 2009

32 When new 0.01 gpm

33 Tub spout diverters After 15,000 cycles of diverting 0.05 gpm

(b) Showerhead tub spout diverter combinations shall meet both34the federal standard for showerheads established pursuant to 4235U.S.C. Sec. 6291 et seq. and the standard for tub spout diverters36specified in this section.37

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(9))) (5)(a) The idle energy rate of commercial hot food holding1cabinets manufactured on or after January 1, 2010, shall be no2greater than 40 watts per cubic foot of measured interior volume.3

(b) The idle energy rate of commercial hot food holding cabinets4shall be determined using ANSI/ASTM ((F2140-01)) F2140-11 standard5test method for the performance of hot food holding cabinets (test6for idle energy rate dry test). Commercial hot food holding cabinet7interior volume shall be calculated using straight line segments8following the gross interior dimensions of the appliance and using9the following equation: Interior height x interior width x interior10depth. Interior volume shall not account for racks, air plenums, or11other interior parts.12

(6) Commercial dishwashers included in the scope of the13environmental protection agency energy star program product14specification for commercial dishwashers, version 2.0, must meet the15qualification criteria of that specification.16

(7) Commercial fryers included in the scope of the environmental17protection agency energy star program product specification for18commercial fryers, version 2.0, must meet the qualification criteria19for that specification.20

(8) Commercial steam cookers must meet the requirements of the21environmental protection agency energy star program product22specification for commercial steam cookers, version 1.2.23

(9) Computers and computer monitors must meet the requirements in24the California Code of Regulations, Title 20, section 1605.3(v) as25adopted on May 10, 2017, and amended on November 8, 2017, as measured26in accordance with test methods prescribed in section 1604(v) of27those regulations.28

(10) Air compressors that meet the twelve criteria listed on page29350 to 351 of the "energy conservation standards for air compressors"30final rule issued by the United States department of energy on31December 5, 2016, must meet the requirements in table 1 on page 35232following the instructions on page 353 and as measured in accordance33with the "uniform test method for certain air compressors" under 1034C.F.R. Part 431 (Appendix A to Subpart T) as in effect on July 3,352017.36

(11) High CRI fluorescent lamps must meet the requirements in 1037C.F.R. Sec. 430.32(n)(4) in effect as of January 3, 2017, as measured38in accordance with the test methods prescribed in 10 C.F.R. Sec.39

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430.23 (appendix R to subpart B of part 430) in effect as of January13, 2017.2

(12) Portable air conditioners must have a combined energy3efficiency ratio, as measured in accordance with the test methods4prescribed in 10 C.F.R. Sec. 430.23 (appendix CC to subpart B of part5430) in effect as of January 3, 2017, that is greater than or equal6to:7 8

1.04 ×SACC

9 (3.7117 × SACC 0.6384)

where "SACC" is seasonally adjusted cooling capacity in Btu/h.10(13) Residential ventilating fans must meet the qualification11

criteria of the environmental protection agency energy star program12product specification for residential ventilating fans, version 3.2.13

(14) Spray sprinkler bodies that are not specifically excluded14from the scope of the environmental protection agency water sense15program product specification for spray sprinkler bodies, version161.0, must include an integral pressure regulator and must meet the17water efficiency and performance criteria and other requirements of18that specification.19

(15) The following products that are within the scope and20definition of the applicable regulation must meet the requirements in21the California Code of Regulations, Title 20, section 1605.3 in22effect as of January 1, 2018, as measured in accordance with the test23methods prescribed in the California Code of Regulations, Title 20,24section 1604 in effect as of January 1, 2018:25

(a) Showerheads;26(b) Tub spout diverters;27(c) Showerhead tub spout diverter combinations;28(d) Lavatory faucets and replacement aerators;29(e) Kitchen faucets and replacement aerators;30(f) Public lavatory faucets and replacement aerators;31(g) Urinals; and32(h) Water closets.33(16) Uninterruptible power supplies that utilize a NEMA 1-15P or34

5-15P input plug and have an AC output must have an average load35adjusted efficiency that meets or exceeds the values shown on page36193 of the prepublication final rule "Energy Conservation Program:37Energy Conservation Standards for Uninterruptible Power Supplies"38issued by the United States department of energy on December 28,39

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2016, as measured in accordance with test procedures prescribed in1Appendix Y to Subpart B of Part 430 of Title 10 of the Code of2Federal Regulations "Uniform Test Method for Measuring the Energy3Consumption of Battery Chargers" in effect as of January 11, 2017.4

(17) Water coolers included in the scope of the environmental5protection agency energy star program product specification for water6coolers, version 2.0, must have an on mode with no water draw energy7consumption less than or equal to the following values as measured in8accordance with the test requirements of that program:9

(a) 0.16 kilowatt-hours per day for cold-only units and cook and10cold units;11

(b) 0.87 kilowatt-hours per day for storage type hot and cold12units; and13

(c) 0.18 kilowatt-hours per day for on demand hot and cold units.14(18) General service lamps must meet or exceed a lamp efficacy of15

45 lumens per watt, when tested in accordance with the applicable16federal test procedures for general service lamps prescribed in 1017C.F.R. Sec. 430.23 in effect as of January 3, 2017.18

NEW SECTION. Sec. 5. A new section is added to chapter 19.26019RCW to read as follows:20

(1) An electric storage water heater, if manufactured on or after21January 1, 2021, may not be installed, sold, or offered for sale,22lease, or rent in the state unless it complies with the following23design requirement:24

(a) The product must have a modular demand response25communications port compliant with: (i) The March 2018 version of the26ANSI/CTA–2045-A communication interface standard, or equivalent and27(ii) the March 2018 version of the ANSI/CTA-2045-A application layer28requirements.29

(b) The interface standard and application layer requirements30required in this subsection are the versions established in March312018, unless the department adopts by rule a later version.32

(2) The department may by rule establish a later effective date33or suspend enforcement of the requirements of subsection (1) of this34section if the department determines that such a delay or suspension35is in the public interest.36

(3) Private customer information, and proprietary customer37information, collected, stored, conveyed, transmitted, or retrieved38by an electric storage water heater equipped with a modular demand39

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response communications port required under this section or rules1adopted under this chapter is subject to the provisions of RCW219.29A.100 and 19.29A.110.3

(4) An electric utility supplying electricity to a building in4which an electric storage water heater that meets the design5requirements established in this section has been installed may not,6without first having obtained in writing the customer's affirmative7consent to participating in a program that allows such alteration,8alter, or require the utility customer to alter, the usage of9electricity or water relating to the electric storage water heater on10the basis of information collected by the electric storage water11heater or any associated device.12


(1) ((No new commercial refrigerator or freezer or state-15regulated incandescent reflector lamp manufactured on or after16January 1, 2007, may be sold or offered for sale in the state unless17the efficiency of the new product meets or exceeds the efficiency18standards set forth in RCW 19.260.040. No new automatic commercial19ice cube machine manufactured on or after January 1, 2008, may be20sold or offered for sale in the state unless the efficiency of the21new product meets or exceeds the efficiency standards set forth in22RCW 19.260.040.23

(2) On or after January 1, 2008, no new commercial refrigerator24or freezer or state-regulated incandescent reflector lamp25manufactured on or after January 1, 2007, may be installed for26compensation in the state unless the efficiency of the new product27meets or exceeds the efficiency standards set forth in RCW2819.260.040. On or after January 1, 2009, no new automatic commercial29ice cube machine manufactured on or after January 1, 2008, may be30installed for compensation in the state unless the efficiency of the31new product meets or exceeds the efficiency standards set forth in32RCW 19.260.040.33

(3) Standards for state-regulated incandescent reflector lamps34are effective on the dates specified in subsections (1) and (2) of35this section.36

(4))) The following products, if manufactured on or after January371, 2010, may not be sold or offered in the state unless the38

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efficiency of the new product meets or exceeds the efficiency1standards set forth in RCW 19.260.040:2

(a) ((Wine chillers designed and sold for use by an individual;3(b))) Hot water dispensers and mini-tank electric water heaters;4(((c))) (b) Bottle-type water dispensers and point-of-use water5

dispensers;6(((d) Pool heaters,)) (c) Residential pool pumps((,)) and7

portable electric spas;8(((e))) (d) Tub spout diverters; and9(((f))) (e) Commercial hot food holding cabinets.10(((5))) (2) The following products, if manufactured on or after11

January 1, 2010, may not be installed for compensation in the state12on or after January 1, 2011, unless the efficiency of the new product13meets or exceeds the efficiency standards set forth in RCW1419.260.040:15

(a) ((Wine chillers designed and sold for use by an individual;16(b))) Hot water dispensers and mini-tank electric water heaters;17(((c))) (b) Bottle-type water dispensers and point-of-use water18

dispensers;19(((d) Pool heaters,)) (c) Residential pool pumps((,)) and20

portable electric spas;21(((e))) (d) Tub spout diverters; and22(((f))) (e) Commercial hot food holding cabinets.23(3) The following products, if manufactured on or after January24

1, 2021, may not be sold or offered for sale, lease, or rent in the25state unless the efficiency of the new product meets or exceeds the26efficiency standards set forth in RCW 19.260.040:27

(a) Commercial dishwashers;28(b) Commercial fryers;29(c) Commercial steam cookers;30(d) Computers or computer monitors;31(e) Faucets;32(f) Residential ventilating fans;33(g) Spray sprinkler bodies;34(h) Showerheads;35(i) Uninterruptible power supplies;36(j) Urinals and water closets; and37(k) Water coolers.38(4) Standards for the following products expire January 1, 2020:39(a) Hot water dispensers; and40

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(b) Bottle-type water dispensers and point-of-use water1dispensers.2

(5) A new air compressor manufactured on or after January 1,32022, may not be sold or offered for sale in the state unless the4efficiency of the new product meets or exceeds the efficiency5standards set forth in RCW 19.260.040.6

(6) A new portable air conditioner manufactured on or after7February 1, 2022, may not be sold or offered for sale in the state8unless the efficiency of the new product meets or exceeds the9efficiency standards set forth in RCW 19.260.040.10

(7) New general service lamps manufactured on or after January 1,112020, may not be sold or offered for sale in the state unless the12efficiency of the new product meets or exceeds the efficiency13standards set forth in RCW 19.260.040.14

(8) No new high CRI fluorescent lamps may be sold or offered for15sale in the state after January 1, 2023, unless the efficiency of the16new product meets or exceeds the efficiency standards set forth in17RCW 19.260.040. The department may establish by rule an earlier18effective date, not before January 1, 2022, if the state of19California adopts a comparable standard with an effective date before20January 1, 2023.21


(1) The department may adopt rules that incorporate by reference24federal efficiency standards for federally covered products only as25the standards existed on January 1, 2018. The department, in26consultation with the office of the attorney general, must regularly27submit a report to the appropriate committees of the legislature on28federal standards that preempt the state standards set forth in RCW2919.260.040. Any report on federal preemption must be transmitted at30least thirty days before the start of any regular legislative31session.32

(2) The department may recommend updates to the energy efficiency33standards and test methods for products listed in RCW 19.260.030. The34department may also recommend establishing state standards for35additional nonfederally covered products. In making its36recommendations, the department shall use the following criteria:37(((1))) (a) Multiple manufacturers produce products that meet the38proposed standard at the time of recommendation((, (2))); (b)39

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products meeting the proposed standard are available at the time of1recommendation((, (3))); (c) the products are cost-effective to2consumers on a life-cycle cost basis using average Washington3resource rates((, (4))); (d) the utility of the energy efficient4product meets or exceeds the utility of the comparable product5available for purchase((,)); and (((5))) (e) the standard exists in6at least two other states in the United States. For recommendations7concerning commercial clothes washers, the department must also8consider the fiscal effects on the low-income, elderly, and student9populations. Any recommendations shall be transmitted to the10appropriate committees of the legislature sixty days before the start11of any regular legislative session.12


(1) The manufacturers of products covered by this chapter must15test samples of their products in accordance with the test procedures16under this chapter or those specified in the state building code.17

(2) Manufacturers of new products covered by RCW 19.260.030((,18except for single-voltage external AC to DC power supplies,)) shall19certify to the department that the products are in compliance with20this chapter. This certification must be based on test results unless21this chapter does not specify a test method. The department shall22establish rules governing the certification of these products and may23((coordinate with)) rely on the certification programs of other24states and federal agencies with similar standards.25

(3) Manufacturers of new products covered by RCW 19.260.030 shall26identify each product offered for sale or installation in the state27as in compliance with this chapter by means of a mark, label, or tag28on the product and packaging at the time of sale or installation. The29department shall establish rules governing the identification of30these products and packaging, which shall be coordinated to the31greatest practical extent with the labeling programs of other states32and federal agencies with equivalent efficiency standards.33Manufacturers of general service lamps that meet the efficiency34standards under RCW 19.260.040 are not required to label each35individual lamp offered for sale or installation in the state.36

(4) The department may test products covered by RCW 19.260.03037and may rely on the results of product testing performed by or on38behalf of other governmental jurisdictions with comparable standards.39

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If products so tested are found not to be in compliance with the1minimum efficiency standards established under RCW 19.260.040, the2department shall: (a) Charge the manufacturer of the product for the3cost of product purchase and testing; and (b) make information4available to the public on products found not to be in compliance5with the standards.6

(5) The department shall obtain ((in paper form)) the test7methods specified in RCW 19.260.040, which shall be available for8public use at the department's energy policy offices.9

(6) The department ((shall)) may investigate complaints received10concerning violations of this chapter. Any manufacturer or11distributor who violates this chapter shall be issued a warning by12the director of the department for any first violation. Repeat13violations are subject to a civil penalty of not more than two14hundred fifty dollars a day. Penalties assessed under this subsection15are in addition to costs assessed under subsection (4) of this16section.17

(7) The department may adopt rules as necessary to ensure the18proper implementation and enforcement of this chapter.19

(8) The proceedings relating to this chapter are governed by the20administrative procedure act, chapter 34.05 RCW.21

NEW SECTION. Sec. 9. RCW 19.27.170 (Water conservation22performance standards—Testing and identifying fixtures that meet23standards—Marking and labeling fixtures) and 1991 c 347 s 16 & 1989 c24348 s 8 are each repealed.25

NEW SECTION. Sec. 10. If specific funding for the purposes of26this act, referencing this act by bill or chapter number, is not27provided by June 30, 2019, in the omnibus appropriations act, this28act is null and void.29

NEW SECTION. Sec. 11. If any provision of this act or its30application to any person or circumstance is held invalid, the31remainder of the act or the application of the provision to other32persons or circumstances is not affected.33

Passed by the House April 18, 2019.Passed by the Senate April 15, 2019.Approved by the Governor May 7, 2019.

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Filed in Office of Secretary of State May 13, 2019.

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certification of enrollment second substitute house …

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