An Act To Establish Minimum Energy Efficiency Standards for Products Sold in the State
Maine Legislature, Session 121, LD 1187
Committee: Utilities and Energy
Sponsors: HALL, O'NEIL, BLISS, PELLON, RICHARDSON, THOMPSON

Legislative Document 
No. 1187 
S.P.391 
In Senate, March 6, 2003 
An Act To Establish Minimum Energy Efficiency Standards for 
Products Sold in the State 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator HALL of Lincoln. 
Cosponsored by Representative O'NEIL of Saco and 
JOY J. O'BRIEN 
Secretary of the Senate 
Representatives: BLISS of South Portland, PELLON of Machias, RICHARDSON of 
Brunswick, THOMPSON of China. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 35-A MRS A c. 34 is enacted to read: 
CHAPTER 34 
ENERGY EFFICIENCY STANDARDS 
§3401. 
Definitions 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
Ceiling fan. 
"Ceiling fan" 
means a nonportable device 
that is suspended from a ceiling for circulating air via the 
rotation of fan blades. 
2. 
Ceiling fan light kit. 
"Ceiling fan light kit" means 
the eg:uipment used to provide light from a ceiling fan. 
This 
eg:uipment may be: 
means 
A. 
Integral 
such 
that 
the 
ceiling 
fan 
light 
kit 
is 
hardwired to the ceiling fan; or 
B. 
Attachable such that the ceiling fan light kit is not, 
at 
the 
time 
of 
sale, 
physically attached 
to 
the 
fan, 
regardless of whether the kit is included inside a ceiling 
fan package at the time of sale or sold separately for 
subseg:uent attachment to a fan. 
3. 
CO@ercial clothes washer. 
"Commercial clothes washer" 
a 
soft mount 
front-loading 
or 
soft 
mount 
top-loading 
clothes washer that is designed for use in: 
A. 
Applications 
where 
the 
occupants 
of 
more 
than 
one 
household will be using i t, such as in multifamily housing 
common areas and coin laundries; or 
B. 
Other commercial applications if the clothes container 
compartment 
is 
no 
greater 
than 
3.5 
cubic 
feet 
for 
a 
horizontal-axis clothes washer or no greater than 4.0 cubic 
feet for a vertical-axis clothes washer. 
4. 
Coumercial 
refrigerators 
and 
freezers. 
"Commercial 
refrigerators and freezers" means reach-in cabinets, pass-through 
cabinets, roll-in cabinets and roll-through cabinets that have 
less than 85 cubic feet of capacity and that are not walk-in 
models 
or 
consumer 
products 
regulated 
under 
the 
National 
Appliance Energy Conservation Act of 1987, Public Law 100-12. 
• 
• 
• 
5. 
Digital cable television bozo 
"Digital cable television 
box" means a device that acts as a tuner for cable television 
programming and that converts digital signals received from a 
cable service provider to a signal usable by a television set. 
6. 
Digital television converter bozo 
"Digital television 
converter box" means a device that receives and decodes digital 
signals for display by an analog television set. 
7. 
Illuminated ezit sign. 
"Illuminated exit sign" 
means 
an internally illuminated sign that is designed to be permanently 
fixed in place and used to identify an exit; 
a light source 
illuminates the sign or letters from within, and the background 
of the exit sign is not transparent. 
8. 
Large 
packaged 
air conditioning 
equipment. 
"Large 
packaged 
air conditioning 
equipment" 
means 
packaged 
air conditioning equipment having 240,000 
BTU/hour or more of 
cooling capacity. 
9. 
Low voltage dry type distribution transformer. 
"Low 
voltage dry type distribution transformer" means a distribution 
transformer that: 
A. 
Has an input voltage of 600 volts or less; 
B. 
Is 
between 
kilovolt 
amperes 
and 
2,501 
kilovolt 
amperes in size; 
c. 
Is air-cooled; and 
D. 
Does not use oil as a coolant. 
10. 
Multifunction device. 
"Multifunction device" means a 
physically integrated device that has the core function of a 
satellite television set-top box, digital cable television box, 
wireless television receiver or digital television converter box 
plus one or more major additional functionalities, such as an 
Internet access device or video game console. 
11. 
Packaged 
air-conditioning 
equipment. 
"Packaged 
air-conditioning equipment" means air-conditioning equipment that 
is built as a package and shipped as a whole to end-user sites. 
12. 
Pass-through cabinet. 
"Pass-through cabinet" means a 
commercial 
refrigerator or 
commercial 
freezer with hinged or 
sliding doors on both the front and rear of the refrigerator or 
freezer. 
13. 
Reach-in 
cabinet. 
"Reach-in 
cabinet" 
means 
a 
commercial 
refrigerator, 
commercial 
refrigerator-freezer 
or 
commercial 
freezer 
with 
hinged 
or 
sliding 
doors 
or 
lids. 
"Reach-in cabinet" 
does 
not 
include 
roll-in or 
roll-through 
cabinets and pass-through cabinets. 
14. 
Roll-in 
or 
roll-through 
cabinet. 
"Roll-in 
or 
roll-through 
cabinet" 
means 
a 
commercial 
refrigerator 
or 
commercial 
freezer with hinged or 
sliding doors 
that allows 
wheeled 
racks 
of product 
to 
be 
rolled into or 
through 
the 
refrigerator or freezer. 
15. 
Television set-top box_ 
"Television set-top box" means 
a digital cable television box, wireless television receiver or 
digital television converter box. 
16. 
Torchiere 
lighting 
fixture. 
"Torchiere 
lighting 
fixture" 
means 
a 
portable electric 
lighting fixture 
with 
a 
reflector 
bowl 
giving light directed 
upward 
so 
as 
to 
give 
indirect illumination. 
17. 
Traffic signal module. 
"Traffic signal module" means a 
standard 8-inch or l2-inch round traffic signal indicator. 
A 
traffic signal module consists of a light source, lens and all 
parts necessary for operation and communicates movement messages 
to drivers through red, amber and green colors. 
Arrow modules in 
the same colors are used to indicate turning movement messages. 
18. 
Transformer. 
"Transformer" means a device consisting 
essentially of 2 or more coils of insulated wire that transfers 
alternating current by electromagnetic induction from one coil to 
another in order to change the original voltage or current value. 
19. 
Unit heater. 
"Unit heater" 
means 
a 
self-contained 
fan-type heater that uses natural gas, propane or fuel oil and 
that is designed to be installed wi thin a heated space. 
"Uni t 
heater" includes an apparatus or appliance to supply heat and a 
fan 
for 
circulating air 
over 
a 
heat 
exchange 
surface, 
all 
enclosed in a common casing. 
"Unit heater" does not include warm 
air furnaces as defined under the federal Energy Policy Act of 
1992, Public Law 102-486. 
20. 
Wireless 
television receiver. 
"Wireless 
television 
receiver" means a device used in conjunction with a dish antenna 
to receive satellite or other wireless television programming and 
that converts signals from a dish antenna for use by a television 
~ 
§3402. 
Scope 
• 
• 
• 
1. 
Application. 
Except as provided in subsection 2, the 
provisions of this chapter apply to the testing, certification 
and enforcement of energy efficiency standards for the following 
new products that are sold, offered for sale or installed in the 
State and are referred to in this chapter as "covered products": 
A. 
Traffic signal modules; 
B. 
Illuminated exit signs; 
C. 
Large packaged air-conditioning equipment; 
D. 
Commercial clothes washers: 
E. 
Commercial refrigerators and freezers; 
f. 
Nonresidential unit heaters and duct heaters; 
G. 
Low voltage dry-type distribution transformers; 
H. 
Ceiling fans and ceiling fan light kits; 
I. 
Television set-top boxes, wireless television receivers 
and digital television converter boxes, except multifunction 
devices; 
J. 
Torchiere lighting fixtures; and 
K. 
Such 
other 
products 
as 
may 
be 
designated 
by 
the 
commission in accordance with section 3405. 
2. 
Exclusions. 
The provisions of this chapter do not apply 
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. 
§3403. 
Energy efficiency standards 
The commission, in consultation with the Energy Resources 
Council established in Title 5, section 3327, shall adopt rules 
establishing minimum 
energy efficiency 
standards 
for 
covered 
products. 
§3404. 
Implementation 
On or after January 1, 2005, no covered product may be sold 
or offered for sale in the State unless the efficiency of the 
product meets or exceeds the energy efficiency standards set 
forth in the rules adopted pursuant to section 3403. 
On or after 
January 1, 2006, no covered product may be installed in the State 
unless the energy efficiency of the new product meets or exceeds 
the energy efficiency standards set forth in the rules adopted 
pursuant to section 3403. 
§3405. 
New and revised standards 
The commission may by rule establish higher than the minimum 
energy 
efficiency 
standards 
for 
covered 
products 
and 
may 
establish standards 
for 
products 
not 
specifically listed in 
section 
3402. 
The 
commission shall consult with the 
Energy 
Resources Council before revising any energy efficiency standard 
or 
establishing 
any 
new 
standards 
for 
other 
products. 
The 
commission may revise a standard or add a new standard for other 
products upon determination that the standard would serve to 
promote 
energy 
conservation 
in 
the 
State 
and 
would 
be 
cost-effective for consumers who purchase and use such products. 
A new or increased energy efficiency standard adopted by the 
commission may not take effect less than one year following the 
adoption of the rule establishing the new or increased energy 
efficiency standard. 
The commission may apply for a waiver of: 
federal preemption in accordance with federal procedures under 42 
United States Code, Section 6297(d} for those products regulated 
by the Federal Government. 
§3406. 
Testing. certification. labeling and enforcement 
1. 
Testing. 
The 
commission, 
in consultation with 
the 
Energy Resources Council, shall adopt procedures for testing the 
energy efficiency of covered products. 
The commission shall use 
United States Department of Energy approved test methods or, in 
the absence of such test methods, other appropriate nationally 
recognized test methods. 
The manufacturers of 
such products 
shall cause samples of the products to be tested in accordance 
with the test procedures adopted pursuant to this subsection. 
2. 
Certification. 
Manufacturers of covered products shall 
certify to the commission that such products are in compliance 
with the provisions of this chapter. 
The commission shall adopt 
rules governing the certification of such products and may work 
• 
• 
in coordination with the certification programs of other states 
with like standards. 
3. 
Identification. 
Manufacturers of covered products shall 
identify each product offered for sale or installed in the State 
as in compliance with the provisions of this chapter by means of 
a mark, label or tag on the product and packaging at the time of 
sale or installation. 
The commission shall adopt rules governing 
the 
identification 
of 
such 
products 
and 
packaging 
and 
may 
coordinate the rules with the labeling programs of other states 
with like standards. 
4. 
Commission testing. 
The 
commission may test covered 
products using an accredited testing facility. 
If products so 
tested are found not to be in compliance with the minimum energy 
efficiency 
standards 
established 
under 
section 
3403, 
the 
commission shall: 
A. 
Charge the manufacturer of such a product for the cost 
of product purchase and testing; and 
B. 
Provide information to the public on the product found 
not to be in compliance with the standards. 
5. 
Inspections. 
The 
commission 
may 
make 
periodic 
inspections of distributors or retailers of covered products in 
order 
to 
determine 
compliance 
with 
the 
provisions 
of 
this 
chapter. 
The 
commission 
shall 
work 
with 
the 
Department 
of 
Administrative and Financial Services to coordinate inspections 
for 
covered products 
that 
are 
installed as 
part 
of 
public 
improvements as defined in Title 5, section 1741. 
6. 
Investigations; 
enforcement. 
The 
commission 
shall 
investigate complaints concerning violations of this chapter and 
shall report the results of such investigations to the Attorney 
General. 
The 
Attorney 
General 
may 
institute proceedings 
to 
enforce 
the 
provisions 
of 
this 
chapter. 
A 
manufacturer, 
distributor 
or 
retailer 
who 
violates 
any 
provision 
of 
this 
chapter must be issued a warning for a first violation and, for 
any subsequent violation, is subject to a civil fine of not more 
than $250. 
Each violation constitutes a separate offense, and 
each day the violation continues constitutes a separate offense. 
Fines assessed under this subsection are in addition to costs 
assessed under subsection 4. 
1. 
Rules. 
The commission may 
adopt rules necessary to 
ensure 
the 
proper 
implementation 
and 
enforcement 
of 
the 
provisions of this chapter. 
Rules adopted under this section are 
routine technical rules as defined in Title 5, 
chapter 
375, 
subchapter 2-A. 
Sec. 2. Rulemaking. 
By January L 
2004, the Public Utilities 
Commission 
shall 
adopt 
rules 
pursuant 
to 
the 
Maine 
Revised 
Statutes, Title 35-A, section 3403 that establish the following 
minimum energy efficiency standards. 
1. 
Ceiling fans and ceiling fan light kits must meet the 
Tier 1 criteria of the product specification, Version 1.1, of the 
"Energy Star Program Requirements for Residential Ceiling Fans" 
developed by the United States Environmental Protection Agency. 
2. 
Commercial clothes washers must meet the requirements 
shown in Table P-3 of section 1605.3 of the California Code of 
Regulations, 
Title 
20: 
Division 
2, 
Chapter 
4, 
Article 
4: 
Appliance Efficiency Regulations, which took effect November 27, 
2002. 
3. 
Commercial 
refrigerators 
and freezers 
must 
meet 
the 
August 1, 2004 requirements shown in Table A-6 of section 1605.3 
of the California Code of Regulations, Title 20: 
Division 2, 
Chapter 4, Article 4: 
Appliance Efficiency Regulations, which 
took effect November 27, 2002. 
4. 
Illuminated 
exit 
signs 
must 
meet 
the 
product 
specification, 
Version 
2.0, 
of 
the 
"Energy 
Star 
Program 
Requirements 
for 
Exit Signs" 
developed 
by 
the United States 
Environmental Protection Agency. 
5. 
Large packaged air-conditioning equipment must meet the 
Tier 2 efficiency levels of the "Minimum Equipment Efficiencies 
for Unitary Commercial Air Conditioners" and "Minimum Equipment 
Efficiencies for Heat 
Pumps" 
developed by the Consortium for 
Energy Efficiency, Boston, MA that took effect July 1, 2002. 
6. 
Low voltage dry-type distribution transformers must meet 
or exceed the energy efficiency values shown in Table 4-2 of 
National 
Electrical 
Manufacturers 
Association 
Standard 
TP-1-2002. 
For 
purposes 
of 
this 
subsection, 
"low-vol tage 
dry-type distribution transformer" does not include those types 
of transformers specifically excluded 
from 
the definition of 
"low-voltage dry-type distribution transformer" published in the 
California Code of Regulations, Title 20: Division 2, Chapter 4, 
Article 
4: 
Appliance 
Efficiency 
Regulations, 
as 
amended 
in 
November 2002. 
7. 
Television set-top boxes must meet the Tier 1 criteria 
of the product specification of the United States Environmental 
Protection Agency's "Energy Star Program Requirements for Set-top 
Boxes" 
that 
took 
effect 
on 
January 
L 
2001. 
Multifunction 
devices are exempt from this standard. 
.. 
8. 
Torchiere lighting fixtures may not consume more than 
watts and may not be capable of operating with lamps that 
total more than 190 watts. 
9. 
Traffic 
signal 
modules 
must 
meet 
the 
product 
specifications 
of 
the 
"Energy Star 
Program 
Requirements 
for 
Traffic Signals" developed by the United States Environmental 
Protection Agency, which took effect in February 2001. 
10. 
Unit heaters may not have pilot lights and must have 
either power venting or an automatic flue damper. 
SUMMARY 
This bill sets 
minimum 
products in Maine, 
including 
ceiling fans. 
energy efficiency standards 
exit signs, traffic signals 
for 
and 
This 
establish 
standards 
Utilities 
standards. 
bill authorizes 
the Public Utilities Commission 
to 
higher 
energy 
efficiency 
standards 
and 
to 
adopt 
for 
additional 
products 
and 
directs 
the 
Public 
Commission to monitor and enforce compliance with the