MA Gen L ch 25b § 5 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 25b - Massachusetts Appliance Efficiency Standards Act|Section 5 - Establishment of Energy Efficiency Standards; Revision

  Section 5. The commissioner shall by regulation establish the level of energy efficiency standards for lamps, so that each lamp covered by said standard shall consume less power in watts per unit of light output in lumens than a maximum reference level to be established by the commissioner; provided, however, that said standards shall not become effective until January first, nineteen hundred and ninety. The commissioner may by regulation increase the level of the energy efficiency standards for lamps, fluorescent ballasts, luminaires and showerheads. Said commissioner may also by regulation increase the level of the energy efficiency standards for refrigerators, refrigerator-freezers, freezers and water heaters, provided that said standards shall not become effective until January first, nineteen hundred and ninety. Any revision of such standards shall be based upon the determination by the commissioner that such efficiency levels are cost-effective to the users, as a group, of the covered appliance or lamp. Any standard revised pursuant to this section which conflicts with a corresponding standard in the state plumbing code shall take precedence over the standard in said code. Any standard revised pursuant to this section shall not take effect for at least one year after its adoption.[ Second paragraph effective until June 24, 2021. For text effective June 24, 2021, see below.]  The commissioner, in consultation with the heads of other appropriate agencies, shall adopt regulations, in accordance with this chapter, establishing minimum energy efficiency standards for the types of new products set forth in clauses (f) to (s), inclusive, of section 3.[ Second paragraph as amended by 2021, 8, Sec. 50 effective June 24, 2021. For text effective until June 24, 2021, see above.]  The commissioner, in consultation with the heads of other appropriate agencies, shall adopt regulations, in accordance with this chapter, establishing minimum energy efficiency standards for the types of new products set forth in clauses (f) to (y), inclusive, of section 3.  The regulations shall provide for the following minimum efficiency standards:  (1) New medium voltage dry-type distribution transformers, single voltage external AC to DC power supplies, and state-regulated incandescent reflector lamps manufactured on or after January 1, 2008, shall not be sold or offered for sale in the commonwealth unless the efficiency of the new product meets or exceeds the efficiency standards set forth in 225 CMR 9.03.  (2) Metal halide lamp fixtures designed to be operated with lamps rated greater than or equal to 150 watts but less than or equal to 500 watts shall not contain a probe-start metal halide ballast.  (3) Residential furnaces or boilers shall meet or exceed the following Annual Fuel Utilization Efficiency (AFUE): Product Type Minimum Efficiency LevelGas and propane furnaces 90% AFUEOil furnaces 83% AFUEGas and propane hot water boilers 84% AFUEOil-fired hot water boilers 84% AFUEGas and propane steam boilers 82% AFUEOil-fired steam boilers 82% AFUE  The commissioner may adopt rules to exempt compliance with these furnace or boiler standards at any building, site or location where complying with said standards would be in conflict with any local zoning ordinance, building or plumbing code or other rule regarding installation and venting of boilers or furnaces.  Residential furnace air handlers shall have an ER of 2 per cent or less, except residential oil furnaces with a capacity of less than 94,000 Btu per hour shall have an ER of 2.3 per cent or less.  (4) Single-voltage external AC to DC power supplies shall meet the tier 1 energy efficiency requirements of California Code of Regulations, Title 20, Section 1605.3 as published in April 2005. This standard applies to single-voltage AC to DC power supplies that are sold individually and to those that are sold as a component of or in conjunction with another product.  (5) State-regulated incandescent reflector lamps shall meet the minimum average lamp efficiency requirements for federally-regulated incandescent reflector lamps contained in 42 U.S.C. section 6295 (i)(1)(A). The following lamps are exempt from these requirements: ER30, BR30, BR40 and ER40 of 50 watts or less; BR30, BR40 and ER40 of 65 watts; and R20 of 45 watts or less.[ Clauses (6) to (20) of the third paragraph added by 2021, 8, Sec. 51 effective June 24, 2021.]  (6) Commercial hot-food holding cabinets shall meet the qualification criteria of the ENERGY STAR program product specifications for commercial hot-food holding cabinets, Version 2.0.  (7) Computers and computer monitors shall meet the requirements of section 1605.3 of Title 20 of the California Code of Regulations, as in effect on the effective date of this section, as measured in accordance with test methods prescribed in section 1604 of said Title 20 of the California Code of Regulations; provided, however, that The regulations shall define "computer'' and "computer monitor'' to have the same meaning as set forth in section 1602(v) of said Title 20 of the California Code of Regulations; provided further, that the referenced portions of the California Code of Regulations shall be those adopted on or before the effective date of this section; and provided further, that the commissioner may amend the regulations so that the definitions of "computer'' and "computer monitor'' and the minimum efficiency standards for computers and computer monitors conform to subsequently adopted modifications to the referenced sections of the California Code of Regulations.  (8) State-regulated general service lamps shall meet or exceed a lamp efficacy of 45 lumens per watt, when tested in accordance with the applicable federal test procedures for general service lamps, prescribed in Section 430.23 (gg) of Title 10 of the Code of Federal Regulations.  (9) High CRI, fluorescent lamps shall meet the minimum efficiency requirements contained in Section 430.32(n)(4) of Title 10 of the Code of Federal Regulations as in effect on January 3, 2019, when tested in accordance with the test procedure prescribed in Appendix R to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations as in effect on January 3, 2019.  (10) Plumbing fittings shall meet the following requirements:  (a) When tested in accordance with the flow rate test procedure prescribed in Appendix S to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations:  (I) the flow rate of lavatory faucets and replacement aerators shall not be greater than 1.5 gallons per minute, hereafter referred to as gpm, at 60 pounds per square inch, hereafter referred to as psi;  (II) for sprayheads with independently controlled orifices and manual controls, the maximum flow rate of each orifice that manually turns on or off shall not exceed the maximum flow rate for a lavatory faucet;  (III) for sprayheads with collectively controlled orifices and manual controls, the maximum flow rate of a sprayhead that manually turns on or off shall be the product of: (i) the maximum flow rate for a lavatory faucet; and (ii) the number of component lavatories, rim space of the lavatory in inches [millimeters] divided by 20 inches [508 millimeters];  (IV) the flow rate of residential kitchen faucets and replacement aerators shall not be greater than 1.8 gpm with optional temporary flow of 2.2 gpm at 60 psi when tested in accordance with the flow rate test procedure prescribed in Appendix S to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations;  (V) the flow rate of public lavatory faucets and replacement aerators shall not be greater than 0.5 gpm at 60 psi when tested in accordance with the flow rate test procedure prescribed in Appendix S to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations; and  (VI) the flow rate of showerheads shall not be greater than 2.0 gpm at 80 psi when tested in accordance with the flow rate test procedure prescribed in Appendix S to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations, effective on January 3, 2019.  (11) Plumbing fixtures shall meet the following requirements:  (a) The water consumption of urinals and water closets, other than those designed and marketed exclusively for use at prisons or mental health care facilities, shall be no greater than the values shown in items (b) through (d), inclusive, when tested in accordance with the:  (i) Water consumption test prescribed in Appendix T to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations; and  (ii) Waste extraction test for water closets, section 7.9 of ASME A112.19.2/CSA B45.1-2018;  (b) Urinals shall have a maximum flush volume of 0.5 gallons per flush;  (c) Water closets, except for dual-flush tank-type water closets, shall have a maximum flush volume of 1.28 gallons per flush; and  (d) Dual-flush tank-type water closets shall have a maximum effective flush volume of 1.28 gallons per flush.  (12) Portable electric spas shall meet the requirements of the American National Standard for Portable Electric Spa Energy Efficiency (ANSI/APSP/ICC-14-2019).  (13) Water coolers shall have on mode with no water draw energy consumption, a test that records the 24-hour energy consumption of a water cooler with no water drawn during the test period, less than or equal to the following, as measured in accordance with the test criteria prescribed in Version 2.0 of the ENERGY STAR program product specifications for water coolers:  (a) 0.16 kilowatt-hours per day for cold-only and cook-and-cold units;  (b) 0.87 kilowatt-hours per day for hot-and-cold units--storage type; and  (c) 0.18 kilowatt-hours per day for hot and cold units--on demand.  (14) Residential ventilating fans shall meet the qualification criteria of the ENERGY STAR Program Requirements Product Specification for Residential Ventilating Fans, Version 4.1.  (15) Commercial ovens included in the scope of the ENERGY STAR Program Requirements Product Specification for Commercial Ovens, Version 2.2, shall meet the qualification criteria of that specification.  (16) Commercial dishwashers included in the scope of the ENERGY STAR Program Requirements Product Specification for Commercial Dishwashers, Version 2.0, shall meet the qualification criteria of that specification.  (17) Commercial fryers included in the scope of the ENERGY STAR Program Requirements Product Specification for Commercial Fryers, Version 2.0, shall meet the qualification criteria of that specification.  (18) Commercial steam cookers shall meet the requirements of the ENERGY STAR Program Requirements Product Specification for Commercial Steam Cookers, Version 1.2.  (19) Spray sprinkler bodies that are not specifically excluded from the scope of the U.S. 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.  (20) Electric vehicle supply equipment included in the scope of the ENERGY STAR Program Requirements Product Specification for Electric Vehicle Supply Equipment, Version 1.0 (Rev. Apr-2017), shall meet the qualification criteria of that specification.  On or after January 1, 2008, no new medium voltage dry-type distribution transformer, single-voltage external AC to DC power supply or state-regulated incandescent reflector lamp may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted pursuant to this section. On or after January 1, 2009, no new metal halide lamp fixture may be sold or offered for sale in the commonwealth unless the efficiency of the product meets or exceeds the efficiency standards set forth in the regulations adopted pursuant to this section. In accordance with section 9, the commissioner, in consultation with the attorney general, shall determine if implementation of state standards for residential furnaces or boilers requires a waiver from federal preemption, and shall apply for such waivers if necessary. If the commissioner determines that a waiver from federal preemption is necessary for residential furnaces or boiler standards established by this section, the state standard shall go into effect at the earliest date permitted by federal law. If the commissioner determines that a waiver from federal preemption is not needed for residential furnaces or boilers, then such state standards shall go into effect on June 1, 2008.[ Paragraph inserted following fourth paragraph by 2021, 8, Sec. 52 effective January 1, 2022. See 2020, 8, Sec. 113.]  No new, commercial dishwasher, commercial fryer, commercial hot-food holding cabinet, commercial oven, commercial steam cooker, computer or computer monitor, electric vehicle supply equipment, faucet, high CRI fluorescent lamp, portable electric spa, residential ventilating fan, showerhead, spray sprinkler body, urinal, water closet or water cooler shall be sold or offered for sale, lease or rent in the commonwealth unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted pursuant to this section. No state-regulated general service lamp shall be sold or offered for sale in the commonwealth unless the efficiency of the new product meets or exceeds the efficiency standards provided in this section.  One year after the date upon which sale or offering for sale of certain products is limited pursuant to the preceding paragraph of this section, no new products may be installed for compensation in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted pursuant to this section.