Section 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 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 are applicable as federal law to the sale of appliances in California and the rest of the United States. The standards apply to federallyregulated consumer products and federallyregulated 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, and with all other requirements of federal law.

(2)  Each standard in Section 1605.1 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law applicable to the sale and offering for sale of appliances in California, if the corresponding federal standard is repealed or becomes inoperable, inapplicable, or otherwise invalid as federal law.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, 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, 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 FederallyRegulated Appliances. Section 1605.2 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 federallyregulated 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 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 (and with all the other applicable requirements of this  Article).

(c)   California Standards Applicable to Sale and Installation. Section 1605.3 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 as determined using the applicable test method listed in Section 1604 (and with all the other requirements of this Article).

(d)  Multiple Standards. If more than one standard is shown for an appliance in Section 1605.1, 1605.2, or Section 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 Section 1605.1, 1605.2, or Section 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 manufacturerʹs option.

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

(1)  if the primary function is served by a federallyregulated appliance, the primary function appliance shall meet the applicable standard in Section 1605.1; and

(2)  if the primary function is served by an appliance that is not a federallyregulated appliance, the primary function appliance shall meet the applicable standard in Section 1605.2 or Section 1605.3; and the secondary function appliances shall meet the applicable standards in Section 1605.1, 1605.2, and Section 1605.3. Water heaters that are federally regulated appliances, and that are contained in combination spaceheating and water heating appliances that are federallyregulated 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.

 

HISTORY

 

1. Renumbering and amendment of former section 1605 to section 1606 and new section 1605 filed 7-21-82; effective thirtieth day thereafter (Register 82, No. 30).

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 3-18-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 12).

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.)

 

This database is current through 9/10/21 Register 2021, No. 37

20 CCR § 1605, 20 CA ADC § 1605