§ 8–1771.03. Standards and implementation.

(a) A new product listed in § 8-1771.02(a) shall not be sold, leased, rented, or offered for sale, lease, or rent in the District of Columbia unless the efficiency of the product meets or exceeds the efficiency standards set forth in subsection (b) of this section, or, in the case of computers and computer monitors, the standards set forth in the rules issues pursuant to subsection (d) of this section.

(b) A product listed in § 8-1771.02(a) shall not be installed in the District of Columbia unless the efficiency of the new product meets or exceeds the following standards, or, in the case of computers and computer monitors, the standards set forth in the rules issues pursuant to subsection (d) of this section:

(1) Repealed.

(1A) Air purifiers, except industrial air purifiers, shall meet the following requirements as measured in accordance with the ENERGY STAR Program Requirements Product Specification for Room Air Cleaners, Version 2.0:

(A) Clean air delivery rate ("CADR") for smoke shall be 30 or greater;

(B) For models with a CADR for smoke less than 100, CADR/Watt for smoke shall be greater than or equal to 1.7;

(C) For models with a CADR for smoke greater than or equal to 100 and less than 150, CADR/Watt for smoke shall be greater than or equal to 1.9;

(D) For models with a CADR for smoke greater than or equal to 150, CADR/Watt for smoke shall be greater than or equal to 2.0;

(E) For ozone-emitting models, measured ozone shall be less than or equal to 50 parts per billion (ppb);

(F) For models with Wi-Fi network connection enabled by default when shipped, standby power shall not exceed 2 watts; and

(G) For models without a Wi-Fi network connection enabled by default when shipped, standby power shall not exceed 2 watts.

(1B) Commercial dishwashers included in the scope of the ENERGY STAR Program Requirements Product Specification for Commercial Dishwashers, Version 2.0, shall meet the qualification criteria of that specification.

(1C) Commercial fryers included in the scope of the ENERGY STAR Program Requirements Product Specification for Commercial Fryers, Version 2.0, shall meet the qualification criteria of that specification.

(2) Commercial hot food holding cabinets shall have a maximum idle energy rate not exceeding 40 watts per cubic foot of interior volume, as determined by the “idle energy rate-dry test” in ASTM F2140-01, “Standard Test Method for Performance of Hot Food Holding Cabinets” published by ASTM International. Interior volume shall be measured in accordance with the method shown in the Environmental Protection Agency’s “Energy Star Program Requirements for Commercial Hot Food Holding Cabinets” as in effect on August 15, 2003.

(2A) Commercial steam cookers shall meet the requirements of the ENERGY STAR Program Requirements Product Specification for Commercial Steam Cookers, Version 1.2.

(2B) Faucets, except for metering faucets, shall meet the following standards, as tested in accordance with Appendix S to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations, titled "Uniform Test Method for Measuring the Water Consumption of Faucets and Showerheads", as in effect on January 3, 2017:

(A) Lavatory faucets and replacement aerators shall not exceed a maximum flow rate of 1.5 gallons per minute ("gpm") at 60 pounds per square inch ("psi");

(B) Residential kitchen faucets and replacement aerators shall not exceed a maximum flow rate of 1.8 gpm at 60 psi, with optional temporary flow of 2.2 gpm, provided they default to a maximum flow rate of 1.8 gpm at 60 psi after each use; and

(2C) High color rendering index fluorescent lamps, cold temperature lamps, and impact-resistant fluorescent lamps shall meet the minimum efficacy requirements contained in section 430.32(n)(4) of Title 10 of the Code of Federal Regulations as in effect on January 3, 2017, as measured in accordance with Appendix R to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations, titled "Uniform Test Method for Measuring Average Lamp Efficacy (LE), Color Rendering Index (CRI), and Correlated Color Temperature (CCT) of Electric Lamps", as in effect on January 3, 2017.

(2D) In-line residential ventilating fans shall have a fan motor efficacy of no less than 2.8 cubic feet per minute per watt. All other residential ventilating fans shall have a fan motor efficacy of no less than 1.4 cubic feet per minute per watt for airflows less than 90 cubic feet per minute and no less than 2.8 cubic feet per minute per watt for other airflows when tested in accordance with Home Ventilation Institute Publication 916 "HVI Airflow Test Procedure.

(3) 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.

(3A) Portable electric spas shall meet the requirements of the American National Standard for Portable Electric Spa Energy Efficiency (ANSI/APSP/ICC-14-2019).

(3B) Showerheads shall not exceed a maximum flow rate of 2.0 gpm at 80 psi, as tested in accordance with Appendix S to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations, titled "Uniform Test Method for Measuring the Water Consumption of Faucets and Showerheads", as in effect on January 3, 2017.

(3C) Spray sprinkler bodies that are not specifically excluded from the scope of the WaterSense Specification for Spray Sprinkler Bodies, Version 1.0, shall include an integral pressure regulator and shall meet the water efficiency and performance criteria and other requirements of that specification.

(3D) State-regulated general service lamps shall meet or exceed a lamp efficacy of 45 lumens per watt, when tested in accordance with the federal test procedures for general service lamps, prescribed in Section 430.23(gg) of Title 10 of the Code of Federal Regulations as in effect on January 1, 2020.

(4)(A) State-regulated incandescent reflector lamps shall meet the minimum average lamp efficacy requirements for federally-regulated incandescent reflector lamps contained in section 325(i)(1)(A) of the Energy Policy and Conservation Act, approved December 22, 1975 (89 Stat. 923; 42 U.S.C. § 6295(i)(1)(A)).

(B) The following types of incandescent reflector lamps shall be exempt from these requirements:

(i) Lamps rated at 50 watts or less of the following types: BR30, ER30, BR40, and ER40;

(ii) Lamps rated at 65 watts of the following types: BR30, BR40, and ER40; and

(iii) R20 lamps of 45 watts or less.

(4A) Urinals and water closets, other than those designed and marketed exclusively for use at prisons or mental health facilities, shall meet the following standards, as tested in accordance with Appendix T to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations, titled "Uniform Test Method for Measuring the Water Consumption of Water Closets and Urinals", as in effect on January 3, 2017, and water closets shall pass the waste extraction test for water closets (Section 7.9) of the American Society of Mechanical Engineers (ASME) A112.19.2/CSA B45.1-2018:

(A) Wall-mounted urinals, except for trough-type urinals, shall have a maximum flush volume of 0.5 gallons per flush;

(B) Floor-mounted urinals, except for trough-type urinals, shall have a maximum flush volume of 0.5 gallons per flush;

(C) Water closets, except for dual-flush tank-type water closets, shall have a maximum flush volume of 1.28 gallons per flush; and

(D) Dual-flush tank-type water closets shall have a maximum dual flush effective flush volume of 1.28 gallons per flush.

(5)(A) Walk-in refrigerators or freezers shall:

(i) Have automatic door closers that firmly close all reach-in doors and that firmly close all walk-in doors that have been closed to within one inch of full closure; provided, that this requirement shall not apply to walk-in doors wider than 3 feet, 9 inches or higher than 6 feet, 11 inches;

(ii) Contain wall, ceiling, and door insulation of at least R-28 for refrigerators and at least R-32 for freezers; provided, that door insulation requirements shall not apply to glazed portions of doors or to structural members;

(iii) Contain floor insulation of at least R-28 for freezers;

(iv) For single-phase evaporator fan motors of under one horsepower and less than 460 volts, use electronically commutated motors; provided, that the Mayor may delay implementation of this sub-subparagraph upon a determination that the motors are only available from one manufacturer or in insufficient quantities to serve the needs of the walk-in industry for evaporator-fan applications;

(v) For condenser fan motors of under one horsepower, use either:

(I) Electronically commutated motors;

(II) Permanent split capacitor-type motors; or

(III) Polyphase motors of 1/2 horsepower or more; and

(vi) For all interior lights, use light sources with an efficacy of 40 lumens per watt or more, including ballast losses; provided, that light sources with an efficacy of 40 lumens per watt or less, including ballast losses (if any), may be used in conjunction with a timer or device that turns off the lights within 15 minutes after the enclosure ceases to be occupied.

(B) Walk-in refrigerators or freezers with transparent reach-in doors and walk-in door windows shall also meet the following specifications:

(i) Transparent reach-in doors and windows in walk-in doors for walk-in freezers shall be of triple-pane glass with either heat-reflective treated glass or gas fill.

(ii) Transparent reach-in doors and windows in walk-in doors for walk-in refrigerators shall be:

(I) Double-pane glass with heat-reflective treated glass and gas fill; or

(II) Triple-pane glass with either heat-reflective treated glass or gas fill.

(iii) For appliances with an anti-sweat heater:

(I) The appliances shall have a total door rail, glass, and frame heater power draw of no more than:

(aa) Seven and 1/10 watts per square foot of door opening for freezers; and

(bb) Three watts per square foot of door opening for refrigerators.

(II) If an appliance with an anti-sweat heater has anti-sweat heat controls, the controls shall reduce the energy use of the anti-sweat heater in an amount corresponding to the relative humidity in the air outside the door or to the condensation on the inner glass pane.

(5A) Water coolers included in the scope of the ENERGY STAR Program Requirements Product Specification for Water Coolers, Version 2.0, shall have on mode with no water draw energy consumption less than or equal the following values as measured in accordance with the test requirements of that program:

(A) 0.16 kilowatt-hours per day for cold-only units and cook and cold units;

(B) 0.87 kilowatt-hours per day for storage type hot and cold units; and

(c) On or after January 1, 2012, a new single-voltage external AC to DC power supply shall not be sold or offered for sale in the District of Columbia unless the efficiency of the new product meets or exceeds the following efficiency standards:

(1) Single-voltage external AC to DC power supplies shall meet the energy efficiency requirements in the following table:

Nameplate OutputPower	Minimun Efficiency in Active Mode
From 0 to less than 1 watt	0.49 times the nameplate output
From 1 watt to not more than 49 watts	The sum of 0.09 times the natural logarithm of the nameplate output power (expressed in watts) and 0.49
Greater than 49 watts	0.84
	Maximum Energy Consumption in No-Load Mode
From 0 to less than 10 watts	0.5 watts
From 10 watts to not more than 250 watts	0.75 watts

(2) This standard shall apply 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.

(3) Single-voltage external AC to DC power supplies that require Food and Drug Administration listing and approval as a medical device shall be exempt from the requirements of this section.

(4) Single-voltage external AC to DC power supplies made available by a manufacturer directly to a consumer or to a service or repair facility after and separate from the original sale of the product requiring the power supply as a service part or spare part shall not be required to meet the standards of this section until January 1, 2013.

(5) For the purposes of this section, the efficiency of single-voltage external AC to DC power supplies shall be measured in accordance with the test methodology specified by the Environmental Protection Agency’s Energy Star Program, “Test Method for Calculating the Energy Efficiency of Single-Voltage External AC-DC and AC-AC Power Supplies (August 11, 2004),” except that tests shall be conducted at 115 volts only.

(6) One year after the sale or offering for sale of a new product becomes subject to the requirements of subsection (c) of this section, the product shall not be installed in the District of Columbia unless the efficiency of the new product meets or exceeds the efficiency standards set forth herein.

(d) Within one year after March 16, 2021, the Mayor shall adopt rules to establish efficiency standards for computers and computer monitors. The rules adopted pursuant to this subsection shall meet or exceed the energy efficiency requirements of § 1605.3(v) of Title 20 of the California Code of Regulations, as measured in accordance with test methods prescribed in § 1604(v) of those regulations, as in effect January 1, 2021.

(e)(1) A new bottle-type water dispenser shall not be sold, leased, or rented, offered for sale, lease, or rent, or installed in the District of Columbia unless the efficiency of the new product meets or exceeds the efficiency standards set forth in paragraph (2) of this section.

(2) Bottle-type water dispensers designed for dispensing both hot and cold water shall not have standby energy consumption greater than 1.2 kilowatt-hours per day, as measured in accordance with the test criteria contained in version 1.1 of the Environmental Protection Agency's "Energy Star Program Requirements for Bottled Water Coolers," except units with an integral, automatic timer shall not be tested using Section D, "Timer Usage," of the test criteria.

(3) For the purposes of this section, "bottle-type water dispenser" means a water dispenser that uses a bottle or reservoir as the source of potable water.

(4) This subsection shall expire one year after October 1, 2021.

(Dec. 11, 2007, D.C. Law 17-64, § 4, 54 DCR 10964; Mar. 16, 2021, D.C. Law 23-195, § 2(c), 68 DCR 00039; Nov. 13, 2021, D.C. Law 24-45, § 6033, 68 DCR 010163.)

Section References

This section is referenced in § 8-1771.05.

Applicability

Section 7198 of D.C. Law 24-45 provided that section 2(c)(1) and (2) of D.C. Law 23-195 shall apply as of October 1, 2022.

Section 7198 of D.C. Law 24-45 repealed section 3 of D.C. Law 23-195 removing the applicability provision impacting cubsections (d) and (e) this section. Therefore the amendment of this section by Law 23-195 has been implemented.

Section 7198 of D.C. Act 24-159 provided that section 2(c)(1) and (2) of D.C. Law 23-195 shall apply as of October 1, 2022.

Section 7198 of D.C. Act 24-159 repealed section 3 of D.C. Law 23-195 removing the applicability provision impacting cubsections (d) and (e) this section. Therefore the amendment of this section by Law 23-195 has been implemented.

Applicability of D.C. Law 23-195: § 3 of D.C. Law 23-195 provided that the change made to this section by § 2(c) of D.C. Law 23-195 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6033 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).