Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) General
Requirements for the Sale of All Appliances.
Any unit of any appliance within the scope of section
1601 of this Article may be sold
or offered for sale in California only if:
(1) the appliance appears in the most recent
MAEDbS established pursuant to section
1606(c) of this
Article, unless the only reason for the appliance's absence from the MAEDbS is
its failure to comply with an applicable standard in section
1605.1 of this Article;
(2) the manufacturer has:
(A) tested the appliance as required by
sections 1603 and
1604 of this Article;
(B) marked the unit as required by section
1607 of this Article;
(C) for any appliance for which there is an
applicable standard in section
1605.2 or
1605.3 of this Article, certified
under section
1606(a) of this
Article that the appliance complies with the standard;
(3) the unit has the same components, design
characteristics, and all other features that affect energy or water consumption
or energy or water efficiency, as applicable, as the units that were tested
under sections
1603 and
1604 of this Article and for which
information was submitted under section
1606(a) of this
Article; and
(4) for any appliance
for which there is an applicable standard in section
1605.2 or
1605.3 of this Article, the unit
complies with the standard.
EXCEPTIONS to Sections
1608(a)(1) and
1608(a)(2)(C) of
this Article. Sections
1608(a)(1) and
1608(a)(2)(C) of
this Article are not applicable to:
1.
external power supplies,
2. small
electric motors,
3.
À la
carte chargers meeting the EXCEPTION noted in section
1605.3(w)(2) of
this Article,
4. general service
lamps, excluding state-regulated LED lamps and state-regulated small diameter
directional lamps subject to the standards in section
1605.3(k) of this
Article,
5. federally regulated
consumer water heaters >= 2 and < 20 gallons rated storage volume,
or
6. single and dual duct portable
air conditioners with variable speed motors.
(b) Appliances Not in the MAEDbS.
If the Executive Director determines that an appliance
requiring certification that is not in the MAEDbS is being sold or offered for
sale in California, they shall take appropriate legal action to restrain and
discourage such act, including, but not limited to, any one or combination of
the following: testing units of the appliance at the manufacturer's or the
Energy Commission's cost, seeking appropriate judicial action, notifying the
manufacturer of the requirement to certify products to the MAEDbS, seeking
information from the manufacturer on the volume of products previously sold in
California, seeking to resolve prior noncompliant sales via settlement in
accordance with section
1609(d) of this
Article, issuing a Notice of Violation in accordance with section
1609(c) of this
Article, and initiating administrative proceedings in accordance with section
1609(e) of this
Article.
(c) All Appliances:
Submittal of Reports of Manufacturers' Certification Testing.
(1) For any appliance, the Executive Director
or designee may at any time request from a manufacturer a copy of the test
report that describes the results of the testing that was performed pursuant to
section 1604 of this Article and that
provides the basis for the information submitted under section
1606(a)(3)(C) of
this Article. The request shall be sent to the e-mail address designated in
section 1606(a)(2)(B) of
this Article. The manufacturer shall provide a copy of the applicable test
report to the Executive Director within 5 days of the manufacturer's receipt of
the request, or at a mutually agreed upon date.
(2) If the Executive Director does not
receive the test report within the required or agreed upon time under
subsection (c)(1) of this section, the Executive Director may remove the
appliance from the MAEDbS.
(3) If
the test report indicates that the energy or water consumption of the appliance
is greater than, or the energy or water efficiency of the appliance is less
than, the consumption or efficiency certified by the manufacturer pursuant to
section 1606(a)(3)(C) of
this Article, the Executive Director shall, after providing electronic notice
via e-mail or directly through the MAEDbS to the person designated in section
1606(a)(2)(B) of
this Article, modify the listing of the appliance in the MAEDbS to reflect
accurately the test report.
(4) If
the test report indicates that the appliance model does not comply with an
applicable standard in section
1605.1,
1605.2, or
1605.3 of this Article, the
Executive Director shall, ten days after providing electronic notice via e-mail
or directly through the MAEDbS to the person designated in section
1606(a)(2)(B) of
this Article, remove the model from the MAEDbS or archive the MAEDbS
listing.
(d) Forms and
Formats Specified by Executive Director.
The Executive Director may specify, and require the use of,
any particular form or format for the submittal of any data, reports, or other
information required by this Article, including but not limited to computer
programs or formats.
(e)
Federal Preemption of State Specified Testing Requirements.
In the event a federal test procedure referenced in section
1604 of this Article is amended,
effective 180 days after the amended federal test procedure is published in the
Federal Register, and until such time as this Article is updated to reflect
such changes to preemptive federal law, attestation to the Energy Commission
that the product has been tested in accordance with the amended federal test
procedure shall be deemed compliance with section
1604 of this Article.
(1) If the changes to preemptive federal law
preclude generating or filing any information required by section
1606(a)(3) of
this Article, attestation to the Energy Commission that the product has been
tested in accordance with the amended federal test procedure shall also be
deemed compliance with any affected portions of section
1606(a)(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), 25402.11 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.
