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October 18, 2007

Mo Madani, Manager Florida Department of Community affairs Building Codes and Standards Office


Purpose and Effect of the Rule

Increase the efficiency of consumer products by 15% compared to current standards in accordance with Executive Order 2007-127

Executive Order 07-127

  Initiate rulemaking of the Florida Energy Conservation Standards, Chapter 9B-44, FAC, to increase the efficiency of applicable consumer products authorized under S. 553.957, F.S., by 15% from current standards Implementation by July 1, 2009.

Energy Conservation Standards S. 553.957,

Florida Statutes

Covered products:    Refrigerators and freezers Lighting equipment Showerheads Latest Effective Date 1993 1989 1988

Florida criteria for regulating “other covered products”  Average per occupancy energy use of a product exceeds 80 kWh for any 12 month  Improvement in the energy efficiency of products is technologically feasible.

  Improvement will improve the enforceability of the code.

Standards must be reviewed within 2 – 4 years after their adoption and, if warranted, revised.

Enforcement and Penalties

   Authority to investigate any complaints and report results to the Attorney General.

QA - periodic inspections of manufacturers, distributors, or retailers to determine compliance. Violation of any provision of this law is a first degree misdemeanor, punishable by fine.

Federal constraints

Federal law preempts state standards for federally covered products that are not identical to the federal standard except: - If it has been granted a federal waiver.

Waiver petition criteria:

 State needs to present evidence that the regulation is needed to meet unusual and compelling State or local energy interests:   Interests are substantially different in nature and magnitude from rest of U.S. in general.

The costs, benefits, burdens and reliability of energy savings from the state regulation make it preferable or necessary when measured against the cost, benefits, etc of alternate approaches to energy savings or production, including reliance on reasonable predictable market-induced improvements in efficiency of all products subject to state regulation.

Covered Federal Products

            Latest Effective Date Refrigerators/refrigerator-freezers/freezers 2001 Room air conditioners Central air conditioners and heat pumps Water heaters Furnaces Dishwashers 2000 2006 2004 1992 1994 Clothes washers Clothes dryers Direct heating equipment Gas cooking products with electric supply cord Pool heaters (gas) Television sets [Reserved] 2007 1994 1990 1990 1990

Covered federal products, cont.

          Fluorescent lamp ballasts General service fluorescent lamps & incandescent reflector lamps Faucets Showerheads Water closets Urinals Latest Effective Date 1990/2009 Ceiling fans & ceiling fan light kits Torchieres Medium base compact fluorescent lamps Dehumidifiers 1994/1995 1994 1994 1994 1994 2007 2006 2007 2007

Contract with the Florida Solar Energy Center     Identify potential energy efficiency standards for products and systems components that use electricity.

Identify energy efficiency improvements and anticipated costs of implementing and enforcing standards to include, but not be limited to: residential pool pumps, pool heaters, spas and commercial and residential appliances.

Attend public hearings to obtain public input.

Report input for inclusion in report to Florida Legislature 2/1/08.


 Which product standards should Florida establish or upgrade? (costs/benefits to be provided)  How should the standards be enforced?