California Code of Regulations
Title 20 - Public Utilities and Energy
Division 2 - State Energy Resources Conservation and Development Commission
Chapter 4 - Energy Conservation
Article 4 - Appliance Efficiency Regulations
Section 1605 - Energy Performance, Energy Design, Water Performance, and Water Design Standards: In General

Universal Citation: 20 CA Code of Regs 1605

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) California Standards that are the Same as Federal Standards. Section 1605.1 of this Article contains standards that are the same as the federal standards contained in, or adopted in regulations pursuant to, NAECA or EPAct.

(1) The standards in section 1605.1 of this Article are applicable as federal law to the sale of appliances in California and the rest of the United States. The standards apply to federally regulated consumer products and federally regulated commercial and industrial equipment. Under 42 U.S.C. sections 6302(a)(5), 6316(a), and 6316(b)(1), which are enforced by the U.S. Department of Energy, no appliance listed in this section may be sold in the United States unless the appliance complies with the applicable standard listed in this Section as determined using the applicable test method listed in section 1604 of this Article, and with all other requirements of federal law.

(2) Each standard in section 1605.1 of this Article is also adopted in this Article as California state law applicable to the sale and offering for sale of appliances in California, if the corresponding federal standard is repealed or becomes inoperable, inapplicable, or otherwise invalid as federal law. Immediately upon the effect of such federal repeal or invalidity the standard becomes effective as California state law, and no appliance previously covered by the federal standard shall be sold or offered for sale in the state unless the appliance complies with the state standard as determined using the applicable test method listed in section 1604 of this Article, and with all other requirements of this Article. Provided, however, that if a waiver from federal preemption is required for a standard in section 1605.1 of this Article, the state standard takes effect as California state law only on the effective date of a U.S. Department of Energy waiver from federal preemption.

(b) California Standards for Federally Regulated Appliances. Section 1605.2 of this Article contains standards that are exclusively California standards. They are applicable as state law to the sale and offering for sale of appliances in California. Because the standards apply to federally regulated appliances, they take effect as state law only on

(1) the effective date of a U.S. Department of Energy waiver from federal preemption; or

(2) one year after removal of federal preemption by action such as a change in federal law, but no earlier than July 1, 2004. When an applicable standard in section 1605.2 of this Article takes effect as state law, no appliance may be sold or offered for sale in California unless the appliance complies with the standard as determined using the applicable test method in section 1604 of this Article (and with all the other applicable requirements of this Article).

(c) California Standards for Non-Federally Regulated Appliances. Section 1605.3 of this Article contains standards that are exclusively California standards. They are applicable as state law to the sale or offering for sale of appliances in California. No appliance may be sold or offered for sale in California unless the appliance complies with the applicable standard in section 1605.3 of this Article as determined using the applicable test method listed in section 1604 of this Article (and with all the other requirements of this Article).

(d) Multiple Standards. If more than one standard is shown for an appliance in sections 1605.1, 1605.2, or 1605.3 of this Article, the appliance shall meet all the standards shown.

(e) Multiple Test Methods. If more than one test method is shown as applicable to a standard in sections 1605.1, 1605.2, or 1605.3 of this Article, the appliance shall comply with the standard when tested with each and every individual specified test method, except for those appliances where the appropriate provision in section 1604 of this Article specifically allows a choice of test method at the manufacturer's option.

(f) Multiple Functions. If an appliance can serve more than one function, such as space-heating and service water-heating then:

(1) if the primary function is served by a federally regulated appliance, the primary function appliance shall meet the applicable standard in section 1605.1 of this Article; and

(2) if the primary function is served by an appliance that is not a federally regulated appliance, the primary function appliance shall meet the applicable standard in section 1605.2 or section 1605.3 of this Article; and the secondary function appliances shall meet the applicable standards in sections 1605.1, 1605.2, and 1605.3 of this Article. Water heaters that are federally regulated appliances, and that are contained in combination space-heating and water-heating appliances that are federally regulated appliances, are required only to meet the standard for the applicable type of water heater, and are not required to meet any standard for space heaters.

(g) Portable Air Conditioners. If a model of portable air conditioner sold or offered for sale in California has both single-duct and dual-duct configuration options, both configurations must meet the applicable standard in section 1605.3 of this Article.

Note: Authority cited: Sections 25213, 25218(e), 25402(a)-(c) and 25960, Public Resources Code. Reference: Sections 25216.5(d), 25402(a)-(c) and 25960, Public Resources Code.

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