Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Testing Requirements.
The manufacturer shall cause the testing of units of each
basic model of appliance within the scope of section
1601 of this Article, using the
applicable test method listed in section
1604 of this Article unless
otherwise provided in subsection (c) of this section. If the manufacturer of
the basic model does not participate in an approved industry certification
program for the basic model, or does not apply such a program to test all units
under this Article, the testing shall be at a laboratory that the Executive
Director determines:
(1) has conducted
tests using the applicable test method within the previous 12 months;
(2) agrees to and does interpret and apply
the applicable test method set forth in section
1604 of this Article precisely as
written;
(A) for laboratories testing
federally regulated appliances and equipment, agrees to and does interpret and
apply any applicable provisions of 10 C.F.R. section 429, subpart C;
(3) has, and keeps properly
calibrated and maintained, all equipment, material, and facilities necessary to
apply the applicable test method precisely as written;
(4) agrees to and does maintain copies of all
test reports, and provides any such report to the Executive Director on
request, for all basic models that are still in commercial production; and
(A) if an alternate efficiency determination
method (AEDM) is used in lieu of testing, agrees to and does maintain copies of
all records required to be maintained by
10 C.F.R. section
429.71, and provides any such records to the
Executive Director on request, for all basic models that are still in
commercial production; and
(5) agrees to and does allow the Executive
Director to witness any test of such an appliance on request, up to once per
calendar year for each basic model.
(b) Approved Industry Certification Programs.
(1) An "approved industry certification
program" is an appliance certification program that has successfully applied
through MAEDbS to become an approved industry certification program; and that
the Executive Director has determined:
(A) is
operated by an appliance manufacturer trade association or other entity
approved as an approved industry certification program by the Executive
Director;
(B) is accredited by ANSI
or ISO, or has received from a nationally recognized entity an approval that
provides substantially similar guarantees of substantive and procedural
reliability and accuracy; and
(C)
provides:
1. an internet-accessible listing of
appropriate energy performance information that is updated at least every 6
months;
2. testing of appliances
according to applicable test methods and accurate reporting of test
results;
3. listings that:
a. include no appliance not meeting an
applicable federal standard,
b.
clearly and distinctly indicate which appliances meet the applicable federal
standard but do not meet an applicable California standard, which shall be
identified, and
c. where there is
no federal standard, clearly and distinctly indicate which appliances do not
meet an applicable California standard which shall be identified; and
4. verification of
manufacturer-submitted data;
5. an
appropriate procedure for program participants to challenge listed information;
and
6. compatibility with the
MAEDbS described in section
1606(c) of this
Article.
(2)
The Executive Director shall, within 30 days of receiving a written request by
an entity administering an appliance certification program, determine whether
the program meets the criteria in section
1603(b)(1) of
this Article. If the Executive Director determines that the program meets all
the criteria, they shall designate the program as an approved industry
certification program. The Executive Director shall periodically publish a list
of all approved industry certification programs.
(3) Upon request or on their own initiative,
the Executive Director may review whether an approved industry certification
program continues to meet the criteria in section
1603(b)(1) of
this Article. If the Executive Director determines that the program meets all
the criteria, the program shall remain on the list of approved industry
certification programs published under section
1603(b)(2) of
this Article. If the Executive Director determines that the program does not
meet all the criteria, they shall remove the program from the list, and the
program shall no longer be an approved industry certification
program.
(c) Appliances
for Which There Is a Waiver of the Federal Test Method.
(1) If, for a basic model of an appliance,
there is in effect a waiver from an otherwise-applicable federal test method
granted pursuant to 10
C.F.R. section 430.27, and the waiver is
conditioned on adherence to an alternate test procedure pursuant to
10 C.F.R. section
430.27 (l), then the
manufacturer shall cause the testing of units of the basic model using such
alternate test procedure, and such alternate test procedure shall be deemed to
be the test method listed or specified in section
1604 of this Article for the basic
model.
(2) If, for a basic model of
an appliance, there is in effect a waiver from an otherwise-applicable federal
test method granted pursuant to
10 C.F.R. section
430.27, and the waiver is not conditioned on
adherence to an alternate test procedure pursuant to
10 C.F.R. section
430.27 (
l), then the
manufacturer shall petition the Executive Director to specify:
(A) an alternative assessment method; if the
Executive Director so specifies, then the manufacturer shall cause the testing
of units of the basic model of appliance using the alternative assessment
method, and such alternative assessment method shall be deemed to be the test
method listed or specified in section
1604 of this Article for the basic
model; or
(B) that there is no
alternative assessment method, because either the basic model has physical
characteristics that prevent testing or there is no method that can produce
reasonably accurate results; if the Executive Director so specifies, then the
manufacturer need not test units of the basic model and it shall be deemed that
there is no test method listed or specified in section
1604 of this Article for the basic
model.
(3) For
appliances meeting section
1603(c)(2) of
this Article, the manufacturer of the basic model shall petition for and obtain
a specification from the Executive Director before submitting a statement for
the basic model pursuant to section
1606(a) of this
Article.
The following documents are incorporated by reference in
section 1603.
Number | Title |
FEDERAL STATUTES AND REGULATIONS |
C.F.R., Title 10, part 429, subpart
C |
C.F.R., Title 10, part 429.71 |
Copies available from: | SUPERINTENDENT OF
DOCUMENTS |
| U.S. GOVERNMENT PRINTING OFFICE |
| WASHINGTON, DC 20402 |
| www.ecfr.gov |
Note: Authority cited: Sections 25213, 25218(e),
25402(a)-25402(c) and 25960, Public Resources Code. Reference: Sections
25216.5(d), 25402(a)-25402(c) and 25960, Public Resources
Code.
Note: Authority cited: Sections
25213,
25218(e),
25402(a)-
25402(c)
and
25960,
Public Resources Code. Reference: Sections
25216.5(d),
25402(a)-
25402(c)
and
25960,
Public Resources Code.