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REFERENCE TITLE: appliance efficiency standards; rules |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SB 1511 |
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Introduced by Senators Dalessandro: Alston, Bradley, Contreras, Gonzales, Mendez, Navarrete, Otondo, Peshlakai, Quezada, Steele
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AN ACT
amending section 44‑1375.03, Arizona Revised Statutes; amending title 44, chapter 9, article 19, Arizona Revised Statutes, by adding section 44‑1375.04; relating to appliance and equipment energy efficiency standards.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 44-1375.03, Arizona Revised Statutes, is amended to read:
44-1375.03. Certification and compliance; violation; civil penalty
A. Except as provided in subsection B of this section, beginning January 1, 2008:
1. A. A person engages in a deceptive trade practice when, in the course of the person's business, vocation or occupation, the person knowingly sells or installs a product that does not meet or exceed an applicable energy efficiency standard set forth in section 44‑1375.02 adopted pursuant to this article.
2. B. Manufacturers shall certify in writing to the governor's energy office department of environmental quality that products sold in this state meet efficiency standards of adopted pursuant to this article. Certification to other states with like standards that publish databases of compliant products shall be permitted as an alternative to certifying to the energy office department.
B. The requirements prescribed by subsection A of this section apply beginning January 1, 2010, if the product is a commercial refrigerator, freezer or refrigerator freezer or large packaged air conditioning equipment.
C. A deceptive trade practice pursuant to subsection A, paragraph 1 of this section is an unlawful practice under section 44‑1522 and subject to enforcement by the attorney general. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title. Notwithstanding section 44‑1531, the penalty for a violation of this section shall be is a civil penalty of not more than five hundred dollars $500 per violation. All monies collected as civil penalties pursuant to this subsection shall be deposited into in the state general fund.
Sec. 2. Title 44, chapter 9, article 19, Arizona Revised Statutes, is amended by adding section 44-1375.04, to read:
44-1375.04. Efficiency standards; department of environmental quality; rules
Except for the efficiency standards for water and plumbing fixtures prescribed in title 45, chapter 1, article 12, The department of ENVIRONMENTAL quality shall adopt rules that are identical to the energy efficiency standards for appliances and equipment in effect on July 1, 2018 as prescribed in 9 Vermont Statutes annotated sections 2793, 2794, 2795 and 2796. The department shall revise the rules as necessary to keep them current.
Sec. 3. Conditional repeal; notice
A. Sections 44-1375, 44‑1375.01 and 44‑1375.02, Arizona Revised Statutes, are repealed as of the date that the department of environmental quality adopts rules prescribed by section 44‑1375.04, Arizona Revised Statutes, as added by this act.
B. The department of environmental quality shall notify in writing the director of the Arizona legislative council of this date.