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§ 1608. Compliance, Enforcement, and General Administrative Matters.

20 CA ADC § 1608BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 20. Public Utilities and Energy
Division 2. State Energy Resources Conservation and Development Commission
Chapter 4. Energy Conservation
Article 4. Appliance Efficiency Regulations (Refs & Annos)
20 CCR § 1608
§ 1608. Compliance, Enforcement, and General Administrative Matters.
(a) General Requirements for the Sale or Installation 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, or
4. general service lamps.
(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, he or she shall take appropriate legal action to restrain and discourage such sale or offering, including, but not limited to testing units of the appliance at the manufacturer's cost and seeking appropriate judicial action.
(c) All Appliances: Submittal of Reports of Manufacturers' Certification Testing.
(1) For any appliance, the Executive Director 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. If the Executive Director includes with the request information that, in his or her opinion, constitutes substantial evidence that the appliance or the manufacturer is not in compliance with an applicable provision of this Article, or that the energy or water performance of the appliance is not as certified under section 1606(a)(3)(C) of this Article or is not as required by an applicable standard in section 1605.1, 1605.2, or 1605.3 of this Article, then 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.
(2) If the Executive Director does not receive the test report within the required time, the Executive Director shall 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.
(d) Inspection by the Executive Director of Appliances Subject to Energy Design and Water Design Standards, and Marking Requirements.
(1) The Executive Director shall periodically inspect appliances sold or offered for sale in the state, to determine whether they conform with the applicable energy design and water design standards of sections 1605.1, 1605.2, and 1605.3 of this Article, and with the applicable marking requirements of section 1607 of this Article.
(2) Inspection of an appliance shall consist of inspection of one unit.
(A) If the inspection indicates that the unit complies with the applicable energy or water design standards and marking requirements, the matter shall be closed.
(B) If the inspection indicates that the unit does not comply with an applicable energy or water design standard or as applicable marking requirement, the Energy Commission shall undertake a proceeding pursuant to Sections 11445.10-11445.60 of the California Government Code (or, at the manufacturer's option, pursuant to Sections 11425.10-11425.60 of the California Government Code). If the Energy Commission confirms the Executive Director's determination, then he or she shall remove the appliance from the MAEDbS.
(e) Executive Director's Enforcement Testing of Appliances Subject to Energy Efficiency, Energy Consumption, Water Efficiency, and Water Consumption Standards.
The Executive Director shall periodically cause, at laboratories meeting the criteria of section 1603(a) of this Article, the testing of appliance units sold or offered for sale in the state, to determine whether the appliances conform with the applicable standards in sections 1605.1, 1605.2, and 1605.3 of this Article, and to determine whether their performance is as reported or certified by the manufacturer pursuant to section 1606(a) of this Article. Testing shall be performed as follows:
(1) Initial Test. The Executive Director shall perform an initial test on one unit, using the applicable test procedure specified in section 1604 of this Article. Upon completion of the initial test, the Executive Director shall make a determination as follows:
(A) Performance Is No Worse Than Required by Standards and Is No Worse Than as Certified by Manufacturer or Third-Party Certifier. If the initial test result indicates that the energy and water consumption of the unit is no greater than, and the energy and water efficiency of the unit is no less than, the consumption or efficiency that is permitted and required by all applicable standards in section 1605.1, 1605.2, or 1605.3 of this Article, and that was certified by the manufacturer or third-party certifier pursuant to section 1606(a) of this Article, the matter shall be closed.
(B) Performance Is Worse Than Required by Standard or Is Worse Than as Certified by Manufacturer or Third-Party Certifier. If the initial test result indicates that the energy or water consumption of the unit is greater, or the energy or water efficiency of the unit is less, than the consumption or efficiency that is permitted or required by any applicable standard in section 1605.1, 1605.2, or 1605.3 of this Article, or that was certified by the manufacturer or third-party certifier pursuant to section 1606(a) of this Article, the Executive Director shall perform a second test on a second unit, using the applicable test procedure specified in section 1604 of this Article.
(2) Second Test; Mean of Results. If a second test is performed, the Executive Director shall calculate the mean of the results of the initial test and the second test. Upon completion of the second test, the Executive Director shall inform the manufacturer of the results and shall make a determination as follows:
(A) Performance Is No Worse Than Required by Standards and Is No Worse Than as Certified by Manufacturer or Third-Party Certifier. If the two test results indicate that the mean energy and water consumption of the two units is no greater than, and the mean energy and water efficiency of the two units is no less than, the consumption and efficiency permitted or required by all applicable standards in section 1605.1, 1605.2, or 1605.3 of this Article, and that was certified by the manufacturer or third-party certifier pursuant to section 1606(a) of this Article, the matter shall be closed.
(B) Performance is As Required by Standard but is Worse Than as Certified by Manufacturer or Third-Party Certifier. If the two test results indicate that the mean energy or water consumption of the two units is greater than, or the mean energy or water efficiency of the two units is less than, the consumption or efficiency that was certified by the manufacturer or third-party certifier pursuant to section 1606(a) of this Article, but that the mean result nevertheless complies with all applicable standards in section 1605.1, 1605.2, or 1605.3 of this Article, the Energy Commission shall undertake a proceeding pursuant to Sections 11445.10-11445.60 of the California Government Code (or, at the manufacturer's option, pursuant to Sections 11425.10-11425.60 of the California Government Code). If the Energy Commission determines that the two test results indicate that(1) the mean energy or water consumption of the two units is greater than, or the mean energy or water efficiency of the two units is less than, the consumption or efficiency as reported or certified by the manufacturer pursuant to section 1606(a) of this Article, and (2) the mean result nevertheless complies with all applicable standards in section 1605.1, 1605.2, or 1605.3 of this Article, then the Executive Director shall modify the listing of the appliance in the MAEDbS to reflect accurately the Energy Commission's determination.
(C) Performance is Not As Required by Standard. If the two test results indicate that the mean energy or water consumption of the two units is greater than, or the mean energy or water efficiency of the two units is less than, any applicable standard in section 1605.1, 1605.2, or 1605.3 of this Article, the Energy Commission shall undertake a proceeding pursuant to Sections 11445.10-11445.60 of the California Government Code (or, at the manufacturer's option, Sections 11425.10-11425.60 of the California Government Code). If the Energy Commission determines that the mean energy or water consumption of the two units is greater than, or the mean energy or water efficiency of the two units is less than any applicable standard, the Executive Director shall remove the appliance from the MAEDbS established pursuant to section 1606(c) of this Article.
(3) Optional Method of Determining Energy or Water Performance. If, at any time before an Energy Commission determination under section 1608(e)(2)(B) or 1608(e)(2)(C) of this Article, the manufacturer so chooses, instead of using the mean-of-two-units approach set forth in sections 1608(e)(1) and 1608(e)(2) of this Article, the Executive Director shall test the appliance using the sampling method set forth in 10 C.F.R. part 429 Appendix A (for consumer products and certain high-volume commercial equipment), Appendix B (for covered equipment and certain low-volume covered products), or Appendix C (for distribution transformers) to subpart C of part 429 and shall make the determinations under sections 1608(e)(1) and 1608(e)(2) of this Article based on those test results. The manufacturer shall pay for all such testing.
(f) Costs.
Except as otherwise provided in this Article, all costs of initial tests showing results as described in section 1608(e)(1)(A) or section 1608(e)(2)(A) of this Article shall be borne by the Energy Commission. All costs of all other tests shall be paid by the manufacturer.
(g) Federally Regulated Appliances.
If:
(1) the appliance tested is a federally regulated consumer product or federally regulated commercial and industrial equipment; and
(2) either:
(A) the test results show that the appliance does not comply with an applicable federal standard or other applicable federal requirement; or
(B) the test results are at variance with the results reported by the manufacturer to the U.S. Department of Energy or the U.S. Federal Trade Commission; then, in addition to taking the applicable actions described in sections 1608(e)(1) and 1608(e)(2) of this Article, the Executive Director shall inform the appropriate federal agency.
(h) 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.
(i) Executive Director Determinations.
Whenever this Article refers to a finding, conclusion, or other determination by the Executive Director, any person seeking such a determination shall submit to the Executive Director a written request. Within 10 days of receipt of a request, the Executive Director shall either find the request is complete and so inform the applicant, or return the request to the applicant with a statement of what additional information is necessary to make it complete. Within 21 days of receipt of a complete request, the Executive Director shall make a determination, which shall be within the discretion of the Executive Director acting on the basis of the entire record, which shall be assembled and made publicly available by the Executive Director. Within 10 days of a determination, whether made in response to a request or made on the Executive Director's own initiative, any affected person, including but not limited to the person, if any, who made a request for the determination, may appeal the determination to the Energy Commission in writing. At the same time that the appeal is filed, the appellant shall file all the evidence the appellant wishes the Energy Commission to consider. The Energy Commission staff and any affected person shall file all the evidence they wish the Energy Commission to consider within 20 days after the appeal is filed. The Energy Commission shall hear and decide the appeal at the next regularly scheduled business meeting that is at least 30 days after the appeal is filed. At the hearing the Energy Commission may require the filed evidence to be presented under oath and may allow questions and cross-examination from participants.
The following document is incorporated by reference in section 1608.
Number
Title
FEDERAL ENFORCEMENT SAMPLING METHOD
C.F.R., Title 10, part 429, Appendices A, B, and C
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)-(c) and 25960, Public Resources Code. Reference: Sections 25216.5(d), 25402(a)-(c) and 25960, Public Resources Code.
HISTORY
1. Amendment of subsection (a) filed 2-7-80; effective thirtieth day thereafter (Register 80, No. 6).
2. Repealer of former section 1608 and renumbering and amendment of section 1607 to section 1608 filed 7-21-82; effective thirtieth day thereafter (Register 82, No. 30).
3. Amendment of subsection (c)(1) filed 10-1-82; designated effective 6-2-83 (Register 82, No. 40).
4. Amendment of subsection (c)(1) filed 5-22-85; effective thirtieth day thereafter (Register 85, No. 21).
5. Amendment of subsections (b) and (c)(1) filed 7-20-87; operative 8-19-87 (Register 87, No. 30).
6. Amendment filed 8-29-88; operative 9-28-88 (Register 88, No. 37).
7. Renumbering and amendment of former subsections (a) and (b) to subsections (b) and (a) respectively, and amendment of subsection (c) filed 6-5-90; operative 7-5-90 (Register 90, No. 31).
8. Amendment of Table and subsections (c)(2)(A), (c)(2)(B), (c)(5) and (c)(6) filed 11-6-91; operative 12-6-91 (Register 92, No. 9).
9. Amendment of subsection (b) filed 7-23-92; operative 8-24-92 (Register 92, No. 35).
10. Repealer and new section filed 10-28-2002; operative 11-27-2002 (Register 2002, No. 44).
11. Amendment of subsections (a)(1), (a)(2)(C) and (a)(4) filed 4-1-2003 as an emergency; operative 4-1-2003 (Register 2003, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-30-2003 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 4-1-2003 order transmitted to OAL 7-8-2003 and filed 8-19-2003 (Register 2003, No. 34).
13. Amendment of subsections (a)(4), (c)(3)-(4), (e)(3) and (i) filed 3-16-2005; operative 4-15-2005 (Register 2005, No. 11).
14. Amendment of Exceptions to subsection (a) and subsections (e) and (e)(3) and amendment of federal sampling method filed 12-30-2005; operative 1-1-2006 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
15. Amendment of subsection (f) and amendment of Note filed 12-14-2006; operative 12-14-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 50).
16. Amendment of subsections (a)(4), (e)(3), (f) and list of incorporated standards filed 7-10-2009; operative 8-9-2009 (Register 2009, No. 28).
17. Amendment of subsections (a)(4) - Exceptions, (b), (c)(1), (c)(3), (e)(3) and (i) filed 4-22-2014; operative 7-1-2014 (Register 2014, No. 17).
18. Amendment filed 9-26-2018; operative 10-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 39).
19. Change without regulatory effect amending subsections (a)(4) and (c)(1) filed 3-18-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 12).
20. Amendment of subsection (a)(4) filed 3-18-2019; operative 3-18-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 12).
21. Amendment of subsection (a)(4) filed 6-10-2019; operative 6-10-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 24).
22. Amendment of EXCEPTIONS to subsections (a)(1) and (a)(2)(C) filed 12-24-2019; operative 1-1-2020 (Register 2019, No. 52).
This database is current through 2/7/20 Register 2020, No. 6
20 CCR § 1608, 20 CA ADC § 1608
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