HB 1081

1	A bill to be entitled
2	An act relating to energy conservation standards; amending
3	s. 553.955, F.S.; defining the terms "ballasted roof,"
4	"cool roof," "hardscape," "heat island effect," "low-
5	sloped roof," "pervious pavement system," "solar
6	reflectance," and "steep-sloped roof"; amending s.
7	553.957, F.S.; expanding the list of products covered
8	under certain energy conservation standards to include
9	nonresidential roofs, hardscapes, and related materials;
10	amending s. 553.963, F.S.; providing energy conservation
11	standards for nonresidential roofs, hardscapes, and
12	related materials; providing exemptions; conforming a
13	cross-reference; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 553.955, Florida Statutes, is amended
18	to read:
19	553.955  Definitions.-For purposes of this part:
20	(1)  "AV" means the adjusted volume for refrigerators,
21	refrigerator-freezers, and freezers, as defined in the
22	applicable test procedure.
23	(2)  "Ballast" or "fluorescent lamp ballast" means a device
24	to operate a fluorescent lamp by providing a starting voltage
25	and current and limiting the current during normal operation. It
26	must also be designed to:
27	(a)  Operate at nominal input voltages of 120 or 227 volts.
28	(b)  Operate with an input frequency of 60 hertz.
29	(3)  "Ballast efficiency factor" means the ratio of
30	relative light output, expressed as a percent, to the power
31	input, expressed in watts under test conditions.
32	(4)  "Ballasted roof" means a roof with a minimum of 15
33	pounds per square foot of ballast for the purpose of weighing
34	down a roofing membrane over a substrate to resist wind uplift.
35	For purposes of this subsection, ballast includes, but is not
36	limited to, river rock aggregate and pavers.
37	(5)(4)  "Code" means the Florida Energy Efficiency Code for
38	Building Construction.
39	(6)  "Cool roof" means a roof that reflects the sun's heat
40	and emits absorbed radiation back into the atmosphere within the
41	standards set forth in this part.
42	(7)(5)  "Date of sale" means the day when the product is
43	physically delivered to the buyer.
44	(8)(6)  "Department" means the Department of Community
45	Affairs.
46	(9)(7)  "Distributor" means any person or business entity
47	which distributes a privately labeled product on a national
48	basis for which the specifications for manufacture, testing, and
49	certification are established and attested to by the
50	distributor, rather than the manufacturer.
51	(10)(8)  "Energy conservation standard" means:
52	(a)  A performance standard which prescribes a minimum
53	level of energy efficiency or a maximum quantity of energy use
54	for a covered product, determined in accordance with applicable
55	test procedures;
56	(b)  A design requirement for the products specified in s.
57	553.957; or
58	(c)  A testing and rating requirement for the products
59	specified in s. 553.957; and
60
61	includes any other requirements which the department may
62	prescribe.
63	(11)(9)  "F40T12 lamp" means a tubular fluorescent lamp
64	which is a nominal 40 watts, with a 48-inch tube, 1.5 inches in
65	diameter. These lamps conform to American National Standards
66	Institute standard C.78.1-1978.
67	(12)(10)  "F96T12 lamp" means a tubular fluorescent lamp
68	which is a nominal 75 watts, with a 96-inch tube, 1.5 inches in
69	diameter. These lamps conform to American National Standards
70	Institute standard C.78.3-1978.
71	(13)  "Hardscape" means the nonliving portions of a
72	building's landscaping, including, but not limited to, roads,
73	sidewalks, courtyards, and parking lots.
74	(14)  "Heat island effect" means an elevated temperature
75	over an urban area compared to rural areas, typically caused by
76	the increased presence of dark, heat-absorbing materials.
77	(15)  "Low-sloped roof" means a roof with a slope of a rise
78	of zero units in a horizontal length up to, and including, roofs
79	with slopes of a rise of 2 units in a horizontal length of 12
80	units.
81	(16)(11)  "Luminaire" means a complete lighting unit
82	consisting of a fluorescent lamp or lamps, together with parts
83	designed to distribute the light, to position and protect such
84	lamps, and to connect such lamps to the power supply.
85	(17)(12)  "Manufacturer" means any person or business
86	entity engaged in the original production or assembly of a
87	product.
88	(18)(13)  "New product" means a product that is sold,
89	offered for sale, or installed for the first time and
90	specifically includes floor models and demonstration units.
91	(19)(14)  "Nominal input voltage" means an input voltage
92	within plus 5 percent or minus 5 percent of a specified value.
93	(20)(15)  "Nominal lamp watts" means the wattage at which a
94	fluorescent lamp is designed to operate.
95	(21)(16)  "Occupancy" means an occupied building or part of
96	a building.
97	(22)(17)  "Operation" means the ability to start the lamp
98	at least 8 times out of 10 with a minimum of 1 minute between
99	attempts when tested under test conditions.
100	(23)  "Pervious pavement system" means a porous surface
101	system with a stabilized base that allows water from
102	precipitation and other sources to pass directly through,
103	thereby reducing runoff from a site, allowing groundwater
104	recharge, and naturally cooling the surface through evaporation
105	from pavement voids beneath.
106	(24)(18)  "Power input" means the rate of energy
107	consumption in watts of a ballast and fluorescent lamp or lamps.
108	(25)(19)  "Relative light output" means the test ballast
109	light output divided by a reference ballast light output using
110	the same reference lamp and expressing the value as a percent.
111	(26)  "Solar reflectance" means the fraction of solar
112	energy reflected by a material.
113	(27)  "Steep-sloped roof" means a roof with a slope of
114	greater than 2 units in a horizontal length of 12 units.
115	(28)(20)  With respect to refrigerators, freezers, and
116	refrigerator-freezers:
117	(a)  "Automatic defrost system" means a defrost system in
118	which the defrosting action for all refrigerated surfaces is
119	initiated and terminated automatically.
120	(b)  "Freezer" means a cabinet designed as a unit for the
121	storage of food at temperatures of about 0 °F, having the
122	ability to freeze food, and having a source of refrigeration
123	requiring an energy input.
124	(c)  "Refrigerator" means a cabinet designed for the
125	refrigerated storage of food at temperatures above 32 °F, and
126	having a source of refrigeration requiring an energy input. It
127	may include a compartment for the freezing and storage of food
128	at temperatures below 32 °F, but does not provide a separate low
129	temperature compartment designed for the freezing of and the
130	long-term storage of food at temperatures below 8 °F. It has
131	only one exterior door, but it may have interior doors on
132	compartments.
133	(d)  "Refrigerator-freezer" means a cabinet which consists
134	of two or more compartments with at least one of the
135	compartments designed for the refrigerated storage of foods at
136	temperatures above 32 °F, and with at least one of the
137	compartments designed for the freezing of and the storage of
138	frozen foods at temperatures of 8 °F or below. The source of
139	refrigeration requires energy input.
140	(29)(21)  Definitions used in the code shall also apply to
141	terms used in this part.
142	Section 2.  Subsection (1) of section 553.957, Florida
143	Statutes, is amended to read:
144	553.957  Products covered by this part.-
145	(1)  The provisions of this part apply to the testing,
146	certification, and enforcement of energy conservation standards
147	for the following types of new products sold in the state:
148	(a)  Refrigerators, refrigerator-freezers, and freezers
149	which can be operated by alternating current electricity,
150	excluding:
151	1.  Any type designed to be used without doors; and
152	2.  Any type which does not include a compressor and
153	condenser unit as an integral part of the cabinet assembly.
154	(b)  Lighting equipment.
155	(c)  Showerheads.
156	(d)  Nonresidential roofs and roofing materials.
157	(e)  Nonresidential hardscapes and related materials.
158	(f)(d)  Any other type of consumer product which the
159	department classifies as a covered product as specified in this
160	part.
161	Section 3.  Subsection (4) of section 553.963, Florida
162	Statutes, is renumbered as subsection (6) and amended, and new
163	subsections (4) and (5) are added to that section, to read:
164	553.963  Energy conservation standards.-
165	(4)  STANDARDS FOR NONRESIDENTIAL ROOFS.-
166	(a)  This subsection does not apply to:
167	1.  The repair or replacement of less than 50 percent by
168	area of a roof in existence before July 1, 2011.
169	2.  The portion of the roof acting as a substructure for
170	and covered by a rooftop deck.
171	3.  Vegetation associated with an extensive or intensive
172	green roof as defined by the United States Environmental
173	Protection Agency for the purpose of reducing the heat island
174	effect.
175	4.  A rooftop deck covering a maximum of one-third of the
176	rooftop total gross.
177	5.  Any area utilized by photovoltaic and solar equipment.
178	(b)  All roof exterior surfaces and roofing materials shall
179	have a minimum solar reflectance as certified by one of the
180	following:
181	1.  ASTM E903 or ASTM E1918.
182	2.  A test with a portable reflectometer at near ambient
183	conditions.
184	3.  The Cool Roof Rating Council.
185	4.  The United States Department of Energy's Energy Star
186	program.
187	(c)  Low-sloped roofs constructed as part of a new building
188	shall use roofing products with an initial minimum reflectance
189	value of 0.72 or a 3-year installed reflectance value of 0.5 as
190	determined by the Cool Roof Rating Council or the United States
191	Department of Energy's Energy Star program. If greater than 50
192	percent of the total gross area is covered with vegetation
193	associated with an extensive or intensive green roof as defined
194	by the United States Environmental Protection Agency for the
195	purpose of reducing the heat island effect, the remainder of the
196	roof shall have a minimum solar reflectance value of 0.30.
197	(d)  Ballasted roofs constructed as part of a new building
198	shall have a minimum solar reflectance value of 0.30.
199	(e)  Steep-sloped roofs shall have an initial minimum solar
200	reflectance value of 0.15.
201	(f)  Roofs with multiple slopes shall be subject to those
202	standards applicable to the slope that covers the largest area
203	of the building's footprint.
204	(5)  STANDARDS FOR NONRESIDENTIAL HARDSCAPES.-
205	(a)  All hardscape surfaces and related materials shall
206	have a minimum solar reflectance as certified by ASTM E903 or
207	ASTM E1918 or a test with a portable reflectometer at near
208	ambient conditions.
209	(b)  One of the following default solar reflectance values
210	for paving materials may be used:
211	1.  Typical new gray concrete               0.35
212	2.  Typical weathered concrete          0.20
213	3.  Typical new white concrete          0.70
214	4.  Typical weathered white concrete     0.40
215	5.  New asphalt                         0.05
216	6.  Weathered asphalt                    0.10
217	(c)  A minimum of 50 percent of the hardscape area of a
218	site with new construction shall comply with one of the
219	following:
220	1.  Shade for solar panels or roofing materials with a
221	minimum solar reflectance of 0.30.
222	2.  Shade from trees within 5 years of occupancy.
223	3.  Paving materials with a minimum solar reflectance of
224	0.30.
225	4.  A pervious pavement system.
226	5.  A minimum of 50 percent of parking spaces placed under
227	cover, underground, under deck, under roof, or under building.
228	Any roof used to shade or cover parking must have a minimum
229	solar reflectance of 0.30.
230	(6)(4)  STANDARDS FOR OTHER COVERED PRODUCTS.-
231	(a)  The department may prescribe an energy conservation
232	standard for any type or class of covered products of a type
233	specified in s. 553.957, except where precluded by federal law,
234	if the department determines that:
235	1.  The average per occupancy energy use within this state
236	resulting from performance of products of such type or class
237	exceeded 80 kilowatt hours or its Btu equivalent for any 12
238	calendar-month period ending before such determination; and
239	2.  Substantial improvement in the energy efficiency of
240	products of such type or class is technologically feasible.
241	(b)  The department may prescribe an energy conservation
242	testing and rating standard for any type or class of covered
243	products of a type specified in s. 553.957 if the department
244	determines that the certifications to the state and uniform
245	product labeling required by this part will improve the
246	enforceability of the code.
247	(c)  Any new or amended standard for covered products of a
248	type specified in s. 553.957(1)(f)(d) shall not apply to
249	products manufactured within 2 years after the publication of a
250	final rule establishing such standard.
251	Section 4.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.