SECTION 5. Establishment of energy efficiency standards; revision

The commissioner shall by regulation establish the level of energy efficiency standards for lamps, so that each lamp covered by said standard shall consume less power in watts per unit of light output in lumens than a maximum reference level to be established by the commissioner; provided, however, that said standards shall not become effective until January first, nineteen hundred and ninety. The commissioner may by regulation increase the level of the energy efficiency standards for lamps, fluorescent ballasts, luminaires and showerheads. Said commissioner may also by regulation increase the level of the energy efficiency standards for refrigerators, refrigerator-freezers, freezers and water heaters, provided that said standards shall not become effective until January first, nineteen hundred and ninety. Any revision of such standards shall be based upon the determination by the commissioner that such efficiency levels are cost-effective to the users, as a group, of the covered appliance or lamp. Any standard revised pursuant to this section which conflicts with a corresponding standard in the state plumbing code shall take precedence over the standard in said code. Any standard revised pursuant to this section shall not take effect for at least one year after its adoption.

The commissioner, in consultation with the heads of other appropriate agencies, shall adopt regulations, in accordance with this chapter, establishing minimum energy efficiency standards for the types of new products set forth in clauses (f) to (s), inclusive, of section 3.

The regulations shall provide for the following minimum efficiency standards:

(1) New medium voltage dry-type distribution transformers, single voltage external AC to DC power supplies, and state-regulated incandescent reflector lamps manufactured on or after January 1, 2008, shall not be sold or offered for sale in the commonwealth unless the efficiency of the new product meets or exceeds the efficiency standards set forth in 225 CMR 9.03.

(2) 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 shall not contain a probe-start metal halide ballast.

(3) Residential furnaces or boilers shall meet or exceed the following Annual Fuel Utilization Efficiency (AFUE):

The commissioner may adopt rules to exempt compliance with these furnace or boiler standards at any building, site or location where complying with said standards would be in conflict with any local zoning ordinance, building or plumbing code or other rule regarding installation and venting of boilers or furnaces.

Residential furnace air handlers shall have an ER of 2 per cent or less, except residential oil furnaces with a capacity of less than 94,000 Btu per hour shall have an ER of 2.3 per cent or less.

(4) Single-voltage external AC to DC power supplies shall meet the tier 1 energy efficiency requirements of California Code of Regulations, Title 20, Section 1605.3 as published in April 2005. 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.

(5) State-regulated incandescent reflector lamps shall meet the minimum average lamp efficiency requirements for federally-regulated incandescent reflector lamps contained in 42 U.S.C. section 6295 (i)(1)(A). The following lamps are exempt from these requirements: ER30, BR30, BR40 and ER40 of 50 watts or less; BR30, BR40 and ER40 of 65 watts; and R20 of 45 watts or less.

On or after January 1, 2008, no new medium voltage dry-type distribution transformer, single-voltage external AC to DC power supply or state-regulated incandescent reflector lamp 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 this section. On or after January 1, 2009, no new metal halide lamp fixture may be sold or offered for sale in the commonwealth unless the efficiency of the product meets or exceeds the efficiency standards set forth in the regulations adopted pursuant to this section. In accordance with section 9, the commissioner, in consultation with the attorney general, shall determine if implementation of state standards for residential furnaces or boilers requires a waiver from federal preemption, and shall apply for such waivers if necessary. If the commissioner determines that a waiver from federal preemption is necessary for residential furnaces or boiler standards established by this section, the state standard shall go into effect at the earliest date permitted by federal law. If the commissioner determines that a waiver from federal preemption is not needed for residential furnaces or boilers, then such state standards shall go into effect on June 1, 2008.

One year after the date upon which sale or offering for sale of certain products is limited pursuant to the preceding paragraph of this section, no new 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 regulations adopted pursuant to this section.