An Act Establishing Minimum Energy Efficiency Standards for Certain Products Sold or Installed in the State
Maine Legislature, Session 122, LD 1435
Committee Amendment CA_A-HA_B_H377 (House)

HOUSE AMENDMENT ,13 .. to COMMITTEE AMENDMENT "A" to H.P. 999, 
L.D. 1435, Bill, "An Act Establishing Minimum Energy Efficiency 
Standards for Certain Products Sold or Installed in the State" 
Amend the amendment in the first paragraph after the title 
in the first to 3rd lines (page 1, lines 23 to 25 in amendment) 
by striking out the 
following: 
"in section 1 
in that part 
designated "§3601." by striking out all of subsection 11 (page 2, 
lines 
to 
in L.D.)" 
and 
inserting in its place 
the 
following: 
'by striking out everything after the enacting clause 
and inserting in its place the following: 
Sec. 1. 35-A MRSA c. 36 is enacted to read: 
CHAPTER 36 
ENERGY EFFICIENCY STANDARDS 
§3601. 
Definitions 
As 
used in this 
chapter, 
unless 
the 
context 
otherwise 
indicates. the following terms have the following meanings. 
1. 
ACe 
"AC" means alternating current. 
2. 
Bro. 
"BTU" has the same meaning as in Title 10. section 
Page l-LR1l79(9) 
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HOUSE AMENDMENT "b" to COMMITTEE AMENDMENT "A" to H.P. 999, L.D. 
1435 
3. 
COnmercial clothes washer. 
"Commercial clothes washer" 
means 
a 
soft mount horizontal-axis 
or vertical-axis 
clothes 
washer that: 
A. 
Has a clothes container compartment no greater than 3.5 
cubic feet in the case of a horizontal-axis product and no 
greater than 4. a cubic feet in the case of a vertical-axis 
product; and 
B. 
Is designed for use by more than one household, such as 
in multifamily housing, apartments or coin laundries. 
4. 
Coumercial 
refrigerator, 
freezer 
or 
refrigerator-freezer. 
"Commercial 
refrigerator, 
freezer 
or 
refrigerator-freezer" 
means 
self-contained 
refrigeration 
equipment that: 
A. 
Is not a consumer product as regulated pursuant to 42 
United States Code, Section 6291 et seq.: 
B. 
Operates at a chilled, frozen, combination of chilled 
and 
frozen or variable 
temperature 
for 
the 
purpose 
of 
storing or merchandising food, beverages or ice; 
C. 
May 
have transparent or solid hinged doors, 
sliding 
doors or a combination of hinged and sliding doors: and 
D. 
Incorporates 
most 
components 
involved 
in 
the 
vapor-compression cycle and the refrigerated compartment in 
a single cabinet. 
This term does not include units with 85 cubic feet or more of 
internal volume, walk-in refrigerators or freezers, units with no 
doors or freezers specifically designed for ice cream. 
5. 
DC. 
"DC" means direct current. 
6. 
Illuminated exit sign. 
"Illuminated exit sign" means an 
internally illuminated sign that is designed to be permanently 
fixed in place to identify a building exit and consists of an 
electrically powered integral light source that illuminates the 
legend 
"EXIT" 
and 
any 
directional 
indicators 
and 
provides 
contrast between the legend, any directional indicators and the 
background. 
7. 
Large 
packaged 
air-conditioning 
equipment. 
"Large 
packaged air conditioning equipment" means electrically operated, 
air-cooled 
air-conditioning 
and 
air-conditioning 
heat 
pump 
equipment that has a cooling capacity of at least 240, 000 BTUs 
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1435 
per hour but less than 760,000 BTUs per hour and that is built as 
a package and shipped as a whole to end-user sites. 
8. 
Low-voltage 
d~-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 air-cooled; 
C. 
Does not use oil as a coolant; and 
D. 
Is rated for operation at a frequency of 60 hertz. 
9. 
Medium-voltage 
dry-type 
distribution 
transformer. 
"Medium-yoltage 
dry-type 
distribution 
transformer" 
means 
a 
distribution transformer that: 
A. 
Has an input voltage of more than 600 volts but less 
than 34,500 volts: 
B. 
Is air-cooled; 
C. 
Does not use oil as a coolant; and 
D. 
Is rated for operation at a frequency of 60 hertz. 
10. 
Pulldown refrigerator. 
"Pulldown refrigerator" means a 
commercial refrigerator specifically designed to rapidly reduce, 
when 
fully 
loaded 
with 
beverage 
containers, 
all 
integrated 
product temperatures from 
degrees Fahrenheit to 38 degrees 
Fahrenheit over a 12-hour period. 
11. 
Torchiere 
lighting 
fixture. 
"Torchiere 
lighting 
fixture" 
means 
a 
portable electric lighting fixture with 
a 
reflective bowl that directs light ypward onto a ceiling so as to 
produce indirect illumination on the surfaces below. 
A torchiere 
lighting fixture may include downward-directed lamps in addition 
to the upward, indirect illumination. 
12. 
Traffic signal module. 
"Traffic signal module" means a 
standard 8-inch or 12-inch traffic signal indicator consisting of 
a 
light source, 
a 
lens 
and all other parts 
necessary 
for 
operation. 
13. 
Transformer. 
"Transformer" means a device consisting 
of 2 or more coils of insulated wire and that is designed to 
transfer alternating current by electromagnetic induction from 
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to COMMITTEE AMENDMENT "A" to H.P. 999, L.D. 
one coil to another to change the original voltage or current 
value. 
"Transformer" does not include either: 
A. 
Transformers 
with 
multiple 
voltage 
taps. 
with 
the 
highest voltage tap equaling at least 20 percent more than 
the lowest voltage tap: or 
B. 
Transformers 
that 
are 
designed 
to 
be 
used 
in 
a 
special-purpose application and are unlikely to be used in 
general-purpose applications. such as those commonly known 
as 
drive 
transformers. 
rectifier 
transformers. 
auto-transformers. 
uninterruptible 
power 
system 
transformers. 
impedance 
transformers. 
regulating 
transformers. 
sealed 
and 
nonventilating 
transformers. 
machine tool transformers. welding transformers. grounding 
transformers or testing transformers. 
§3602. 
ScQPe 
1. 
AP,plication. 
Except as provided in subsection 2. the 
provisions of this chapter apply to the certification of energy 
efficiency standards for the following types of new products that 
are sold or offered for sale in the State and are referred to in 
this chapter as "covered products": 
A. 
Commercial clothes washers; 
B. 
Commercial refrigerators and freezers; 
C. 
Illuminated exit signs; 
D. 
Large-packaged air-conditioning equipment; 
E. 
Low-voltage dry-type distribution transformers; 
F. 
Medium-voltage dry-type distribution transformers; 
G. 
Torchiere lighting fixtures; and 
H. 
Traffic signal modules. 
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; 
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HOUSE AMENDMENT ·B" to COMMITTEE AMENDMENT "A" to H.P. 999, L.D. 
1435 
C. 
Products installed in mobile manufactured homes at the 
time of construction; and 
D. 
Products designed expressly for installation and use in 
recreational vehicles. 
§3603. 
Rulemaking; energy efficiency standards 
No later than January L 
2006, the commission shall adopt 
rules 
establishing 
m~n~mum efficiency standards 
for 
sale of 
covered products. 
Rules adopted pursuant to this section are 
major substantive rules as defined in Title 5, 
chapter 375, 
subchapter 2-A. 
§3604. 
Implementation of energy efficiency rules; va;nring 
effective dates 
1. 
Products 
sold on 
or 
after 
Janua;nr 
I. 
2007. 
The 
following covered products may not be sold or offered for sale as 
new 
in the 
State 
on 
or after January 
1, 
2007 
unless 
the 
efficiency of 
the 
product 
meets 
or 
exceeds 
the 
efficiency 
standards set forth in the rules adopted pursuant to section 3603: 
A. 
Commercial clothes washer; 
B. 
Illuminated exit sign; 
C. 
Low-voltage dry-type distribution transformer; 
D. 
Medium-voltage dry-type distribution transformer; 
E. 
Torchiere lighting fixture; and 
F. 
Traffic signal module. 
2. 
Products 
sold on or after 
Janua;nr 1. 
2008. 
The 
following covered products may not be sold or offered for sale as 
new 
in the 
State on 
or 
after 
January 1, 
2008 
unless 
the 
efficiency of 
the 
product 
meets 
or 
exceeds 
the 
efficiency 
standards set forth in the rules adopted pursuant to section 3603: 
A. 
Commercial refrigerator or freezer; and 
B. 
Large-packaged air-conditioning equipment. 
§3605. 
Testing. certification and identification 
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1435 
1. 
Testing. 
The 
commission 
shall 
use 
United 
States 
Department of Energy approved test methods. 
2. 
Certification. 
Manufacturers of covered products shall 
certify to the commission that such products are in compliance 
with the provisions of this chapter. 
Such certifications must be 
based 
on 
test 
results. 
The 
commission 
shall 
adopt 
rules 
governing the certification of such products and shall work in 
coordination with the certification programs of other states with 
the same standards. 
3. 
Identification. 
The 
commission 
shall 
adopt 
rules 
governing the identification of covered products and packaging 
and coordinate the rules with the labeling programs of other 
states 
with 
the 
same 
standards 
so 
that 
there 
are 
common 
identification rules. 
4. 
Rules. 
The commission may adopt rules necessary to 
ensure 
the 
proper 
implementation 
and 
enforcement 
of 
the 
provisions of this chapter. 
Rules adopted under this subsection 
are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 2. Rulemaking; establishment of efficiency standards. 
The 
Public Utilities Commission shall adopt rules pursuant to the 
Maine Revised Statutes, Title 35-A, section 3603 that establish 
the following minimum energy efficiency standards. 
1. 
Commercial clothes washers must meet the requirements of 
the United States Environmental Protection Agency's Energy Star 
Program for commercial clothes washers. 
2. 
Commercial 
refrigerators, 
freezers 
and 
refrigerator-freezers must meet or exceed the minimum efficiency 
requirements 
of 
the 
United 
States 
Environmental 
Protection 
Agency's 
Energy 
Star 
Program 
for 
commercial 
refrigerators, 
freezers and refrigerator freezers. 
3. 
Illuminated exit .signs must have an input power demand 
of 5 watts or less per illuminated face. 
4. 
Large 
packaged air-conditioning equipment must 
meet 
large 
packaged 
air-conditioning 
equipment 
minimum 
energy 
efficiency ratios of the United States Environmental Protection 
Agency's Energy Star Program for large packaged air-conditioning 
equipment. 
5. 
Low-voltage dry-type distribution transformers must meet 
the 
Class 
efficiency 
levels 
for 
low-voltage 
distribution 
transformers specified in Table 4-2 of the "Guide for Determining 
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HOUSE AMENDMENT .b" to COMMITTEE AMENDMENT "A" .to H.P. 999, L.D. 
1435 
Energy Efficiency for Distribution Transformers" published by the 
National 
Electrical 
Manufacturers 
Association 
(NEMA 
Standard 
TP-1-2002) . 
6. 
Medium-voltage dry-type distribution transformers must 
meet 
the 
Class 
efficiency 
levels 
for 
medium-voltage 
distribution transformers specified in Table 4-2 of the "Guide 
for Determining Energy Efficiency for Distribution Transformers" 
published by the National Electrical Manufacturers Association 
(NEMA Standard TP-1-2002). 
7. 
Torchiere lighting fixtures may not use more than 190 
watts. 
8. 
Traffic signal modules must meet the specification of 
the 
Energy 
Star 
Program 
Requirements 
for 
Traffic 
Signals 
developed by the United States Environmental Protection Agency, 
which took effect in February 2001. 
Traffic signal modules must 
be 
installed 
with 
compatible, 
electrically 
connected 
signal 
control interface devices and conflict monitoring systems. 
Sec. 3. Review of other states' laws. 
No later than January 1, 
2006, the Public Utilities Commission shall determine for each 
covered product, as defined in the Maine Revised Statutes, Title 
35-A, section 3602, whether at least 3 New England states other 
than Maine have established efficiency standards that are the 
same as those set forth for that product in section 2 of this 
Act. 
If the commission determines that such standards for a 
covered product have not been established by at least 3 
New 
England states other than Maine, 
one 
of which must be 
New 
Hampshire, the Public Utilities Commission shall submit emergency 
legislation 
to 
the 
Second 
Regular 
Session 
of 
the 
122nd 
Legislature to amend the effective date contained in Title 35-A, 
section 3604 for that product by advancing the relevant effective 
date by one year.' 
Further amend the amendment by striking out all of the 2nd 
to 7th paragraphs after the title (page 1, lines 27 to 47 and 
SUMMARY 
This amendment removes from the list of 
covered products 
required to 
meet 
energy efficiency standards 
the 
following: 
automatic commercial ice-makers; ceiling fans 
and ceiling fan 
light kits; commercial prerinse spray valves; digital television 
adapters; residential boilers and residential furnaces; furnace 
air 
handlers; 
high-intensity 
discharge 
lamp 
ballasts; 
metal 
halide 
lamp 
fixtures; 
single-voltage external 
AC-to-DC 
power 
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HOUSE AMENDMENT "8,, to COMMITTEE AMENDMENT "A" to H.P. 999, L.D . 
1435 
supplies; 
heaters. 
Utilities 
products. 
state-regulated incandescent reflector lamps; and unit 
This amendment also removes the authority of the Public 
Commission to add other products to the list of covered 
This 
amendment 
also 
removes 
the 
prohibition 
on 
the 
installation 
of 
covered 
products 
that 
do 
not 
meet 
energy 
efficiency standards. 
The 
amendment 
changes 
the date after 
which 
commercial 
refrigerators or 
freezers 
or 
large-packaged 
air-conditioning equipment that does not meet energy efficiency 
standards may not be sold in Maine 
from January 1, 
2010 to 
January 1, 2008. 
This amendment removes the authority of the commission to 
make 
inspections 
of 
retailers 
to 
determine 
compliance 
and 
investigations and enforcement and requires the commission to use 
test methods approved by the United States Department of Energy. 
All 
rulemaking 
authority 
is 
changed 
to 
major 
substantive 
rule-making. 
The amendment changes the requirement in the bill that the 
commission review at least 3 other states' 
laws 
for similar 
energy efficiency requirements by requiring that the 
other 
states 
be 
New 
England 
states, 
one 
of 
which 
must 
be 
New 
Hampshire. 
Finally, the amendment removes the requirement that 
the commission and the Attorney General examine federal law for 
federal preemption of the standards for residential boilers, 
furnaces and furnace air handlers. 
SPONSORED BY: ~~ 
(Representative FLETCHER) 
TOWN: 
Winslow 
HOUSE AMENDMENT