HOUSE OF REPRESENTATIVES	H.B. NO.	2227
THIRTIETH LEGISLATURE, 2020		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ENERGY EFFICIENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the high cost of living in Hawaii adds to the importance of adopting policies that promote and encourage energy efficiency, which can provide relief for families and businesses faced with high utility bills. In 2019, the legislature took the notable step of establishing minimum energy and water efficiency standards for certain products sold, leased, or rented in the State. These standards are estimated to result in more than $500,000,000 in cumulative utility bill savings over the next fifteen years for Hawaii.

The legislature further finds that expanding the list of products requiring minimum efficiency standards can help Hawaii save millions of dollars on utility bills annually and can offer even more benefits for Hawaii residents, businesses, the environment, and the economy as a whole. Adopting additional state appliance efficiency standards, among other positive results, can:

(1) Provide a boost to the local economy as a result of consumers and businesses spending their economic savings on other goods and services;

(2) Protect consumers against manufacturers who would otherwise unload less efficient appliances that the manufacturers cannot sell in other states having heightened standards;

(3) Ensure that Hawaii residents do not miss out on potential savings while awaiting uncertain progress regarding standards to be made at the national level;

(4) Lower electricity bills for residents and businesses by millions of dollars annually; and

(5) Reduce air pollutants and greenhouse gas emissions, which can result in public health benefits and help the State meet its clean energy and climate change mitigation targets.

Multiple states, including California, Colorado, Connecticut, Oregon, Rhode Island, Vermont, and Washington, have adopted robust state appliance efficiency standards to take advantage of these benefits. The legislature believes that these states can serve as important sources of information for the enforcement and implementation of new or amended appliance energy standards in Hawaii.

Furthermore, the legislature finds that most products added pursuant to this Act are equal in cost to noncompliant products or have a short payback period ranging from zero to no more than six months.

Accordingly, the purpose of this Act is to:

(1) Authorize the chief energy officer of the Hawaii state energy office, instead of the director of business, economic development, and tourism, to adopt rules to enforce minimum efficiency standards for certain products and establish or amend appliance efficiency standards in certain situations; and

(2) Regulate the appliance efficiency standards for air purifiers and portable electric spas.

SECTION 2. Section 196-81, Hawaii Revised Statutes, is amended to read as follows:

"[[]§196-81[]] Definitions. As used in this part:

"Air purifier" or "room air cleaner" means an electric, cord-connected, portable appliance having the primary function of removing particulate matter from the air and which can be moved from room to room.

"Chief energy officer" means the chief energy officer of the Hawaii state energy office.

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

"Computer" has the same meaning as in California Code of Regulations, Title 20, Section 1602(v), as amended.

"Computer monitor" has the same meaning as in California Code of Regulations, Title 20, Section 1602(v), as amended.

["Department" means the department of business, economic development, and tourism.

"Director" means the director of business, economic development, and tourism.]

"Faucet" means a lavatory faucet, kitchen faucet, metering faucet, or replacement aerator for a lavatory or kitchen faucet.

"High color rendering index fluorescent lamp" means a fluorescent lamp with a color rendering index of eighty-seven or greater that is not a compact fluorescent lamp.

"Industrial air purifier" means an indoor air cleaning device manufactured, advertised, marketed, labeled, and used solely for industrial use that is marketed solely through industrial supply outlets or businesses and prominently labeled as "Solely for industrial use. Potential health hazard: emits ozone."

"Partial on mode" means the condition during which the equipment provides at least one secondary function but no primary function.

"Portable electric spa" means a free-standing hot tub that is electrically heated.

"Showerhead" means a device through which water is discharged for a shower or bath[. Showerhead] and includes handheld showerheads and any other showerhead[, including a handheld showerhead,] except a safety showerhead.

"Spray sprinkler body" means the exterior case or shell of a sprinkler incorporating a means of connection to the piping system designed to convey water to a nozzle or orifice."

SECTION 3. Section 196-83, Hawaii Revised Statutes, is amended to read as follows:

"[[]§196-83[]] Rules. The [director] chief energy officer may adopt rules pursuant to chapter 91 to [enforce]:

(1) Enforce the minimum efficiency standards [for the types of new products] set forth in section [196-84.] 196-85; and

(2) Adopt or amend appliance efficiency standards for any products as the chief energy officer deems appropriate, including but not limited to those products listed or incorporated in section 196-84(a); provided that the chief energy officer shall set appliance efficiency standards upon a determination that increased efficiency standards would serve to promote energy or water conservation in the State and would be cost effective for consumers who newly purchase and use those products; provided further that no new or amended appliance efficiency standard may be made effective within one year of the effective date of any preceding new or amended appliance efficiency standard."

SECTION 4. Section 196-84, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Appliance efficiency standards are established under this part for the following appliances, if standards for these appliances are not preempted by federal law:

(1) Air purifiers;

[(1)] (2) Computers and computer monitors;

[(2)] (3) Faucets;

[(3)] (4) High color rendering index fluorescent lamps;

(5) Portable electric spas;

[(4)] (6) Showerheads; and

[(5)] (7) Spray sprinkler bodies."

SECTION 5. Section 196-85, Hawaii Revised Statutes, is amended to read as follows:

"[[]§196-85[] Appliance] Minimum efficiency standards. [(a)] The following minimum efficiency standards shall apply to products listed or incorporated in section 196-84:

(1) Except for industrial air purifiers, all air purifiers shall meet the following requirements as measured in accordance with version 2.0 of the "ENERGY STAR Program Requirements Product Specification for Room Air Cleaners":

(A) For all models, the produced clean air delivery rate for smoke shall be greater than or equal to thirty;

(B) For models with a clean air delivery rate for smoke less than one hundred, the clean air delivery rate per watt for smoke shall be greater than or equal to 1.7;

(C) For models with a clean air delivery rate for smoke greater than or equal to one hundred and less than one hundred fifty, the clean air delivery rate per watt for smoke shall be greater than or equal to 1.9;

(D) For models with a clean air delivery rate for smoke greater than or equal to one hundred fifty, the clean air delivery rate per watt for smoke shall be greater than or equal to 2.0;

(E) For ozone-emitting models, the measured amount of ozone shall be less than or equal to fifty parts per billion;

(F) For models with a wi-fi network connection enabled by default when shipped, partial on mode power shall not exceed two watts; and

(G) For models without a wi-fi network connection enabled by default when shipped, partial on mode power shall not exceed one watt;

[(1)] (2) Computers and computer monitors shall meet the requirements set forth in California Code of Regulations, Title 20, Section 1605.3, as amended;

[(2)] (3) Faucets shall meet the minimum efficiency standards set forth in California Code of Regulations, Title 20, Section 1605.1, as amended;

[(3)] (4) High color rendering index fluorescent lamps shall meet the minimum efficacy requirements contained in Section 430.32(n)(4) of Title 10 of the Code of Federal Regulations as in effect on January 3, 2017, as measured in accordance with Appendix R to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations—"Uniform Test Method for Measuring Average Lamp Efficacy (LE), Color Rendering Index (CRI), and Correlated Color Temperature (CCT) of Electric Lamps"—as amended;

(5) Portable electric spas shall meet the requirements of the "American National Standard for Portable Electric Spa Energy Efficiency" (ANSI/APSP/ICC 14-2019);

[(4)] (6) Showerheads shall meet the minimum efficiency standards set forth in California Code of Regulations, Title 20, Section 1605.1, as amended; and

[(5)] (7) Spray sprinkler bodies that are not specifically excluded from the scope of the Environmental Protection Agency's WaterSense Specification for Spray Sprinkler Bodies, Version 1.0, shall include an integral pressure regulator and shall meet the water efficiency and performance criteria and other requirements of that specification, as amended.

[(b) When adopting standards for appliances pursuant to section 196-84(a), the director shall set appliance efficiency standards upon a determination that increased efficiency standards would serve to promote energy or water conservation in the State and would be cost effective for consumers who purchase and use such new products.]"

SECTION 6. Section 196-86, Hawaii Revised Statutes, is amended to read as follows:

"[[]§196-86[]] Implementation. (a) On or after January 1, 2021, no new computer or computer monitor, faucet, high color rendering index fluorescent lamp, showerhead, or spray sprinkler body may be sold or offered for sale, lease, or rent in the State unless the efficiency of the new product meets or exceeds the efficiency standards provided in section 196-85.

(b) On or after January 1, 2022, no new air purifier or portable electric spa may be sold or offered for sale, lease, or rent in the State unless the efficiency of the new product meets or exceeds the efficiency standards provided in section 196-85. [(b)] (c) One year after the date upon which the sale or offering for sale of certain products becomes subject to the requirements of [subsection] subsections (a)[, no such] and (b), these products [may] shall not be installed for compensation in the State unless the efficiency of the new product meets or exceeds the efficiency standards provided in section 196-85."

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2050.

Report Title:

HSEO; Chief Energy Officer; Appliance Energy Standards; Air Purifiers; Portable Electric Spas

Description:

Authorizes the Chief Energy Officer of the Hawaii State Energy Office to adopt rules to enforce minimum efficiency standards for certain products and establish or amend appliance efficiency standards in certain situations. Regulates the appliance efficiency standards for air purifiers and portable electric spas. Takes effect on 7/1/2050. (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.