Cal. Code Regs. tit. 20 § 1608

Current through Register 2024 Notice Reg. No. 36, September 6, 2024

Section 1608 - Compliance, Enforcement, and General Administrative Matters

(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.

Cal. Code Regs. Tit. 20, § 1608

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.

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).
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).
23. Change without regulatory effect amending subsections (b), (c)(1) and (d)(2)(B) filed 8-24-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 34).
24. Amendment of section and Note filed 7-18-2024; operative 7/18/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 29).