Cal. Code Regs. Tit. 20, § 1605 - Energy Performance, Energy Design, Water Performance, and Water Design Standards: In General
(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standard is repealed or becomes inoperable, inapplicable, or otherwise invalid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.
Notes
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.
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.
2. Amendment filed 1-20-83; effective thirtieth day thereafter (Register 83, No. 7).
3. Amendment filed 5-22-85; effective thirtieth day thereafter (Register 85, No. 21).
4. Amendment filed 7-20-87; operative 8-19-87 (Register 87, No. 30).
5. Amendment filed 8-29-88; operative 9-28-88 (Register 88, No. 37).
6. Amendment filed 6-5-90; operative 7-5-90 (Register 90, No. 31).
7. Editorial corrections filed 11-6-91; operative 12-6-91 (Register 92, No. 9).
8. Repealer and new section filed 10-28-2002; operative 11-27-2002 (Register 2002, No. 44).
9. Amendment of Note filed 12-14-2006; operative 12-14-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 50).
10. Amendment of subsection (a)(1) filed 4-22-2014; operative 7-1-2014 (Register 2014, No. 17).
11. Amendment filed 9-26-2018; operative 10-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 39).
12. Change without regulatory effect amending subsections (d) and (e) filed 3-18-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 12).
13. New subsection (g) filed 3-18-2019; operative
14. Amendment of subsection (g) filed 3-16-2021; operative 3-16-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 12). (Filing deadline specified in Government Code section 11349.3(a)extended 60 calendar days pursuant to Executive Order N-40-20.)
15. Amendment of subsection (c) filed 7-18-2024; operative
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