new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The terms used in this chapter have the meanings given
them in this section.
new text end

new text begin Subd. 2. new text end

new text begin Ballast. new text end

new text begin "Ballast" means a device used with an electric discharge lamp
to obtain necessary circuit conditions (voltage, current, and waveform) for starting and
operating the lamp.
new text end

new text begin Subd. 3. new text end

new text begin Bottle-type water dispenser. new text end

new text begin "Bottle-type water dispenser" means a water
dispenser that uses a bottle or reservoir as the source of portable water.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of commerce.
new text end

new text begin Subd. 5. new text end

new text begin Commercial hot food holding cabinet. new text end

new text begin "Commercial hot food holding
cabinet" means a heated, fully enclosed compartment with one or more solid or glass
doors that is designed to maintain the temperature of hot food that has been cooked in a
separate appliance. Commercial hot food holding cabinet does not include heated glass
merchandizing cabinets, drawer warmers, or cook-and-hold appliances.
new text end

new text begin Subd. 6. new text end

new text begin Compact audio product. new text end

new text begin "Compact audio product," also known as a
mini, mid, micro, or shelf audio system, means an integrated audio system encased in a
single housing that includes an amplifier and radio tuner, attached or separable speakers,
and can reproduce audio from one or more of the following media: magnetic tape, CD,
DVD, or flash memory. Compact audio product does not include products that can be
independently powered by internal batteries or that have a powered external satellite
antenna, or that can provide a video output signal.
new text end

new text begin Subd. 7. new text end

new text begin Compensation. new text end

new text begin "Compensation" means money or any other valuable
thing, regardless of form, received or to be received by a person for services rendered.
new text end

new text begin Subd. 8. new text end

new text begin Digital versatile disc or DVD. new text end

new text begin "Digital versatile disc" or "DVD" means a
laser-encoded plastic medium capable of storing a large amount of digital audio, video,
and computer data.
new text end

new text begin Subd. 9. new text end

new text begin Digital versatile disc player or digital versatile disc recorder. new text end

new text begin "Digital
versatile disc player" or "digital versatile disc recorder" mean commercially available
electronic products encased in a single housing that includes an integral power supply
and for which the sole purpose is, respectively, (1) the decoding and (2) production or
recording of digitized video signal on a DVD. DVD recorder does not include models
that have an electronic programming guide function that provides an interactive, onscreen
menu of television listings, and that downloads program information from the vertical
blanking interval of a regular television signal.
new text end

new text begin Subd. 10. new text end

new text begin Electricity ratio. new text end

new text begin "Electricity ratio" is the ratio of furnace electricity use
to total furnace energy use. Electricity ratio = (3.412*E new text end _{new text begin AE new text end} new text begin )/(1000*E new text end _{new text begin F new text end} new text begin +3.412*E new text end _{new text begin AE new text end} new text begin ) where
E new text end new text begin _{new text begin AEnew text end} (average annual auxiliary electrical consumption) and E new text end new text begin _{new text begin Fnew text end} (average annual fuel energy
consumption) are defined in Code of Federal Regulations, title 10, part 430, subpart B,
Appendix, and E new text end new text begin _{new text begin Fnew text end} is expressed in millions of Btu's per year.
new text end

new text begin Subd. 11. new text end

new text begin High-intensity discharge lamp. new text end

new text begin "High-intensity discharge lamp" means
a lamp in which light is produced by the passage of an electric current through a vapor or
gas and in which the light-producing arc is stabilized by bulb wall temperature and the arc
tube has a bulb wall loading in excess of three watts per square centimeter.
new text end

new text begin Subd. 12. new text end

new text begin Metal halide lamp. new text end

new text begin "Metal halide lamp" means a high-intensity discharge
lamp in which the major portion of the light is produced by radiation of metal halides and
their products of dissociation, possibly in combination with metallic vapors.
new text end

new text begin Subd. 13. new text end

new text begin Metal halide lamp fixture. new text end

new text begin "Metal halide lamp fixture" means a light
fixture designed to be operated with a metal halide lamp and a ballast for a metal halide
lamp.
new text end

new text begin Subd. 14. new text end

new text begin Portable electric spa. new text end

new text begin "Portable electric spa" means a factory-built
electric spa or hot tub, supplied with equipment for heating and circulating water.
new text end

new text begin Subd. 15. new text end

new text begin Probe-start metal halide ballast. new text end

new text begin "Probe-start metal halide ballast"
means a ballast used to operate metal halide lamps, which does not contain an igniter and
which instead starts lamps by using a third starting electrode probe in the arc tube.
new text end

new text begin Subd. 16. new text end

new text begin Residential boiler. new text end

new text begin "Residential boiler" means a self-contained,
low-pressure appliance for supplying steam or hot water primarily designed for space
heating, which uses natural gas, propane, or home heating oil and which has a heat input
rate of less than 300,000 Btu's per hour.
new text end

new text begin Subd. 17. new text end

new text begin Residential furnace. new text end

new text begin "Residential furnace" means a self-contained space
heater designed to supply heated air through ducts of more than ten inches length and that
utilizes only single-phase electric current or single-phase electric current or DC current in
conjunction with natural gas, propane, or home heating oil, and that:
new text end

new text begin (1) is designed to be the principle heating source for the living space of one or
more residences;
new text end

new text begin (2) is not contained within the same cabinet with a central air conditioner whose
rated cooling capacity is above 65,000 Btu's per hour; and
new text end

new text begin (3) has a heat input rate of less than 225,000 Btu's per hour.
new text end

new text begin Subd. 18. new text end

new text begin Single-voltage external AC to DC power supply. new text end

new text begin "Single-voltage
external AC to DC power supply" means a device that:
new text end

new text begin (1) is designed to convert line voltage AC input into lower voltage DC output;
new text end

new text begin (2) is able to convert to only one DC output voltage at a time;
new text end

new text begin (3) is sold with, or intended to be used with, a separate end-use product that
constitutes the primary power load;
new text end

new text begin (4) is contained within a separate physical enclosure from the end-use product;
new text end

new text begin (5) is connected to the end-use product via a removable or hard-wired male/female
electrical connection, cable, cord, or other wiring;
new text end

new text begin (6) does not have batteries or battery packs, including those that are removable, that
physically attach directly to the power supply unit;
new text end

new text begin (7) does not have a battery chemistry or type selector switch and indicator light, or
does not have a battery chemistry or type selector switch and a state of charge meter; and
new text end

new text begin (8) has a nameplate output power less than or equal to 250 watts.
new text end

new text begin Subd. 19. new text end

new text begin State-regulated incandescent reflector lamp. new text end

new text begin "State-regulated
incandescent reflector lamp" means a lamp, not colored or designed for rough or vibration
service applications, with an inner reflective coating on the outer bulb to direct the light,
an E26 medium screw base, a rated voltage or voltage range that lies at least partially
within 115 to 130 volts, and that falls into either of the following categories: a blown
PAR (BPAR), bulged reflector (BR), elliptical reflector (ER), or similar bulb shape with
a diameter equal to or greater than 2.25 inches; or a reflector (R), parabolic aluminized
reflector (PAR), or similar bulb shape with a diameter of 2.25 to 2.75 inches, inclusive.
new text end

new text begin Subd. 20. new text end

new text begin Temperature reset. new text end

new text begin "Temperature reset" means an automatic means
for adjusting the temperature of the water supplied by a residential boiler such that an
incremental change in inferred heat load produces a corresponding incremental change
in supply water temperature. When there is no inferred heat load, such automatic means
adjusts the supply water temperature to no more than 140 degrees Fahrenheit.
new text end

new text begin Subd. 21. new text end

new text begin Walk-in refrigerator and freezer. new text end

new text begin "Walk-in refrigerator and freezer"
means a refrigerated space that can be walked into and has a total chilled and frozen
storage area of less than 3,000 square feet, operates at chilled (above 32 degrees
Fahrenheit) or frozen (at or below 32 degrees Fahrenheit) temperature, and is connected to
a self-contained or remote condensing unit. This term excludes products designed and
marketed exclusively for medical, scientific, or research purposes. This term also excludes
refrigerated warehouses.
new text end

new text begin Subd. 22. new text end

new text begin Water dispenser. new text end

new text begin "Water dispenser" means a factory-made assembly that
mechanically cools and heats portable water and that dispenses the cooled or heated
water by integral or remote means.
new text end

new text begin Subdivision 1. new text end

new text begin General purpose. new text end

new text begin This chapter establishes minimum efficiency
standards for certain products sold or installed in Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Legislative findings. new text end

new text begin The legislature finds:
new text end

new text begin (a) Efficiency standards for certain products sold or installed in the state assure
consumers and businesses that such products meet minimum efficiency performance
levels thus saving money on utility bills.
new text end

new text begin (b) Such efficiency standards save energy and thus reduce pollution and other
environmental impacts associated with the production, distribution, and use of electricity,
natural gas, and oil.
new text end

new text begin (c) Such efficiency standards can make electricity systems more reliable by reducing
the strain on the electricity grid during peak demand periods. Furthermore, improved
energy efficiency can reduce or delay the need for new power plants, power transmission
lines, and power distribution system upgrades.
new text end

new text begin (d) Energy efficiency standards contribute to the economy of this state by helping
to better balance energy supply and demand, thus reducing pressure for higher natural
gas and electricity prices. By saving consumers and businesses money on energy bills,
efficiency standards help the state and local economy, since energy bill savings can be
spent on local goods and services.
new text end

new text begin Subdivision 1. new text end

new text begin Rules. new text end

new text begin Not later than one year after the effective date of this
section, the commissioner, in consultation with appropriate state agencies and interested
persons, shall adopt rules, in accordance with chapter 14, establishing minimum efficiency
standards for the types of new products set forth in section 325O.03.
new text end

new text begin Subd. 2. new text end

new text begin Minimum standards. new text end

new text begin The rules must provide for the following minimum
efficiency standards:
new text end

new text begin (a) Bottle-type water dispensers designed for dispensing both hot and cold water
shall not have standby energy consumption greater than 1.2 kilowatt-hours per day, as
measured in accordance with the test criteria contained in version 1 of the United States
Environmental Protection Agency's "Energy Star Program Requirements for Bottled
Water Coolers," except units with an integral, automatic timer may not be tested using
Section D, "Timer Usage," of the test criteria.
new text end

new text begin (b) Commercial hot-food-holding cabinets must have a maximum idle energy
rate of 40 watts per cubic foot of interior volume, as determined by the "idle energy
rate-dry test" in ASTM F2140-01, "Standard Test Method for Performance of Hot Food
Holding Cabinets" published by the American Society for Testing and Materials (ASTM)
International. Interior volume must be measured in accordance with the method shown in
the United States Environmental Protection Agency's "Energy Star Program Requirements
for Commercial Hot Food Holding Cabinets" as in effect on August 15, 2003.
new text end

new text begin (c) Compact audio products must not use more than two watts in standby-passive
mode for those without a permanently illuminated clock display and four watts in
standby-passive mode for those with a permanently illuminated clock display, as
measured in accordance with International Electrotechnical Commission (IEC) test
method 62087:2002(E), "Methods of measurement for the power consumption of audio,
video, and related equipment."
new text end

new text begin (d) DVD players and DVD recorders must not use more than three watts in
standby-passive mode, as measured in accordance with IEC test method 62087:2002(E),
"Methods of measurement for the power consumption of audio, video, and related
equipment."
new text end

new text begin (e) Metal halide lamp fixtures designed to be operated with lamps rated greater than
or equal to 150 watts but less than or equal to 500 watts must not contain a probe-start
metal halide ballast.
new text end

new text begin (f) Portable electric spas must not have a standby power greater than five (V new text end ^{new text begin 2/3 new text end} new text begin ) watts
where V equals the total volume in gallons, which means "V to the two-thirds power,"
as measured in accordance with the test method for portable electric spas contained in
California Code of Regulations, title 20, section 1604.
new text end

new text begin (g) Residential furnaces and residential boilers must comply with the following
Annual Fuel Utilization Efficiency (AFUE), electricity ratio and design requirements:
new text end

new text begin Residential boilers must only be operable if the temperature reset is installed. AFUE
must be measured in accordance with the federal test method for measuring the energy
consumption of furnaces and boilers contained in Code of Federal Regulations, title 10,
part 430, subpart B, Appendix N.
new text end

new text begin (h) The commissioner may adopt rules to exempt compliance with the standards
in paragraph (g) at any building, site, or location where complying with those standards
would be in conflict with any local zoning ordinance, building or plumbing code, or other
rule regarding installation and venting of residential furnaces or residential boilers.
new text end

new text begin (i) Single-voltage external AC to DC power supplies must meet the energy efficiency
requirements in the following table:
new text end

new text begin (1) This standard applies to single-voltage AC to DC power supplies that are sold
individually and to those that are sold as a component of or in conjunction with another
product.
new text end

new text begin (2) Single-voltage external AC to DC power supplies that require United States Food
and Drug Administration listing and approval as a medical device are exempt from the
requirements of this subdivision.
new text end

new text begin (3) Single-voltage external AC to DC power supplies made available by a
manufacturer directly to a consumer or to a service or repair facility after and separate
from the original sale of the product requiring the power supply as a service part or spare
part is not required to meet the standards of this section until January 1, 2013.
new text end

new text begin (4) For purposes of this paragraph, the efficiency of single-voltage external AC to DC
power supplies must be measured in accordance with the test methodology specified by
the United States Environmental Protection Agency's Energy Star Program, "Test Method
for Calculating the Energy Efficiency of Single-Voltage External AC-DC and AC-AC
Power Supplies (August 11, 2004)" except that tests must be conducted at 115 volts only.
new text end

new text begin (j) State-regulated incandescent reflector lamps shall meet the minimum average
lamp efficacy requirements for federally regulated incandescent reflector lamps contained
in United States Code, title 42, section 6295, subsection (i), paragraph (1), subparagraph
(A). The following types of incandescent reflector lamps are exempt from these
requirements:
new text end

new text begin (1) lamps rated at 50 watts or less of the following types: BR30, ER30, BR40,
and ER40;
new text end

new text begin (2) lamps rated at 65 watts of the following types: BR30, BR40, and ER40; and
new text end

new text begin (3) R20 lamps of 45 watts or less.
new text end

new text begin (k) Walk-in refrigerators and freezers must meet the following requirements;
new text end

new text begin (1) All walk-in refrigerators and freezers must have:
new text end

new text begin (i) automatic door closers that firmly close all reach-in doors and that firmly close
walk-in doors no wider than 3 feet 9 inches and no higher than 6 feet 11 inches that have
been closed to within one inch of full closure;
new text end

new text begin (ii) wall, ceiling, and door insulation of at least R-28 for refrigerators, but door
insulation requirements do not apply to glazed portions of doors or to structural members;
new text end

new text begin (iii) wall, ceiling, and door insulation of at least R-32 for freezers, but door insulation
requirements do not apply to glazed portions of doors or to structural members;
new text end

new text begin (iv) floor insulation of at least R-28 for freezers;
new text end

new text begin (v) for single-phase evaporator fan motors of under one horsepower and less
than 460 volts, electronically commutated motors, but the commissioner may delay
implementation of this paragraph on determining that such motors are only available from
one manufacturer or in insufficient quantities to serve the needs of the walk-in industry
for evaporator-fan applications;
new text end

new text begin (vi) for condenser fan motors of under one horsepower, either (A) electronically
commutated motors, (B) permanent split capacitor-type motors, or (C) polyphase motors
of one-half horsepower or more; and
new text end

new text begin (vii) for all interior lights, light sources with an efficacy of 40 lumens per watt or
more, including ballast losses, if any, although light sources with an efficacy of 40 lumens
per watt or less, including ballast losses, if any, may be used in conjunction with a timer or
device that turns off the lights within 15 minutes of when the walk-in is not occupied.
new text end

new text begin (2) In addition to the requirements in clause (1), walk-in refrigerators and freezers
with transparent reach-in doors must meet the following requirements:
new text end

new text begin (i) transparent reach-in doors and windows in walk-in doors for walk-in freezers
must be of triple-pane glass with either heat-reflective treated glass or gas fill;
new text end

new text begin (ii) transparent reach-in doors and windows in walk-in doors for walk-in
refrigerators must be either double-pane glass with heat-reflective treated glass and gas fill
or triple-pane glass with either heat-reflective treated glass or gas fill;
new text end

new text begin (iii) if the appliance has an antisweat heater without antisweat heat controls, then
the appliance must have a total door rail, glass, and frame heater power draw of no more
than 7.1 watts per square foot of door opening for freezers and 3.0 watts per square foot of
door opening for refrigerators; and
new text end

new text begin (iv) if the appliance has an antisweat heater with antisweat heat controls, and the
total door rail, glass, and frame heater power draw is more than 7.1 watts per square
foot of door opening for freezers and 3.0 watts per square foot of door opening for
refrigerators, then the antisweat heat controls must reduce the energy use of the antisweat
heater in an amount corresponding to the relative humidity in the air outside the door or to
the condensation on the inner glass pane.
new text end

new text begin Subdivision 1. new text end

new text begin After December 31, 2008. new text end

new text begin On or after January 1, 2009, no new
bottle-type water dispenser, commercial hot food holding cabinet, compact audio product,
digital versatile disc player or digital versatile disc recorder, metal halide lamp fixture,
portable electric spa, state-regulated incandescent reflector lamp, single-voltage external
AC to DC power supply, or walk-in refrigerator or walk-in freezer may be sold or offered
for sale in the state unless the efficiency of the new product meets or exceeds the efficiency
standards set forth in the regulations adopted pursuant to section 325O.04.
new text end

new text begin Subd. 2. new text end

new text begin Six months after effective date. new text end

new text begin No later than six months after the
effective date of this section, the commissioner, in consultation with the attorney general,
shall determine if implementation of state standards for residential furnaces and residential
boilers requires a waiver from federal preemption. The commissioner shall make separate
determinations for each part of the state standards including minimum AFUE, maximum
electricity ratio, and any prescriptive requirements. If the commissioner determines that
a waiver from federal preemption is not needed for any part, then on or after January 1,
2009, or the date that is one year after the date of the commissioner's determination, if later,
no new residential furnace or residential boiler may be sold or offered for sale in the state
unless the efficiency of the new product meets or exceeds the applicable nonpreempted
part of the efficiency standards set forth in the rules adopted pursuant to section 325O.04.
If the commissioner determines that a waiver from federal preemption is required for all or
part of the state standards, then the commissioner shall apply for such waiver within one
year of that determination and upon approval of the waiver application, the applicable
state standards become effective at the earliest date permitted by federal law.
new text end

new text begin Subd. 3. new text end

new text begin One year after requirements implemented. new text end

new text begin One year after the date upon
which the sale or offering for sale of certain products becomes subject to the requirements
of subdivision 1 or 2, no such products may be installed for compensation in the state
unless the efficiency of the new product meets or exceeds the efficiency standards set forth
in the rules adopted pursuant to section 325O.04.
new text end

new text begin Subdivision 1. new text end

new text begin Testing by manufacturers; rules. new text end

new text begin The manufacturers of products
covered by this chapter shall test samples of their products in accordance with the test
procedures adopted pursuant to this chapter or those specified in the State Building Code.
The commissioner, in consultation with other appropriate agencies and interested persons,
shall adopt by rule test procedures for determining the energy efficiency of the products
covered by section 325O.03 if the procedures are not provided for in section 325O.04 or
in the State Building Code. The commissioner shall adopt United States Department of
Energy-approved test methods or, in the absence of such test methods, other appropriate,
nationally recognized test methods. The commissioner may adopt updated test methods
when new versions of test procedures become available.
new text end

new text begin Subd. 2. new text end

new text begin Compliance certification; rules. new text end

new text begin Manufacturers of new products covered
by section 325O.03, except for single-voltage external AC to DC power supplies, walk-in
refrigerators, and walk-in freezers, shall certify to the commissioner that the products
are in compliance with this chapter. Certifications must be based on test results. The
commissioner shall adopt rules governing the certification of these products and shall
coordinate with the certification programs of other states and federal agencies with similar
standards.
new text end

new text begin Subd. 3. new text end

new text begin Labeling; rules. new text end

new text begin Manufacturers of new products covered by section
325O.03 shall identify each product offered for sale or installation in the state as in
compliance with this chapter by means of a mark, label, or tag on the product and
packaging at the time of sale or installation. The commissioner shall adopt rules governing
the identification of these products and packaging, which must be coordinated to the
greatest practical extent with the labeling programs of other states and federal agencies
with equivalent efficiency standards. The commissioner shall allow the use of existing
marks, labels, or tags that connote compliance with the efficiency requirements of this
chapter.
new text end

new text begin Subd. 4. new text end

new text begin Testing by commissioner; costs. new text end

new text begin The commissioner may test products
covered by section 325O.03. If products so tested are found not to be in compliance with
the minimum efficiency standards established under section 325O.04, the commissioner
shall (1) charge the manufacturer of the product for the cost of product purchase and
testing, and (2) make information available to the public on products found not to be in
compliance with the standards.
new text end

new text begin Subd. 5. new text end

new text begin Inspections. new text end

new text begin With prior notice and at reasonable and convenient hours, the
commissioner may cause periodic inspections to be made of distributors or retailers of new
products covered by section 325O.03 in order to determine compliance with this chapter.
The commissioner shall also coordinate with appropriate local building code officials
regarding inspections before occupancy of newly constructed buildings containing new
products that are also covered by the State Building Code.
new text end

new text begin Subd. 6. new text end

new text begin Violations, civil penalties. new text end

new text begin The commissioner shall investigate complaints
received concerning violations of this chapter and shall report the results of these
investigations to the attorney general. The attorney general may institute proceedings to
enforce the provisions of this chapter. Any manufacturer, distributor, or retailer, or any
person who installs a product covered by this chapter for compensation, who violates
any provision of this chapter must be issued a warning by the commissioner for any
first violation. Repeat violations are subject to a civil penalty of not more than $250.
Each violation constitutes a separate offense, and each day that the violation continues
constitutes a separate offense. Penalties assessed under this subdivision are in addition to
costs assessed under subdivision 4.
new text end

new text begin Subd. 7. new text end

new text begin Additional rules. new text end

new text begin The commissioner may adopt such further rules as
necessary to ensure the proper implementation and enforcement of this chapter.
new text end