The Vermont Statutes Online

Title 9: Commerce and Trade

Chapter 084: Energy-Efficient Standards for Light Bulbs

• § 3153. Definitions

  For purposes of this chapter:

  (1) “Department” means the Department of Public Service.

  (2) “New product” means reflector incandescent and four-foot, eight-foot, and F40/U fluorescent light bulbs that are sold at retail, offered for retail sale, or installed within the State for the first time. (Added 1991, No. 259 (Adj. Sess.), § 12.)

• § 3154. Adoption of standards

  (a)(1) Rulemaking authority. The Department of Public Service shall adopt by rule, modify, revise, update, and maintain Vermont energy-efficiency standards with respect to new products installed in the State by a contractor or other construction professional or sold at retail in the State. These standards in every instance shall be designed to ensure consumers’ easy access to new products that meet consumers’ needs and preferences and that will be cost effective. These shall be minimum standards and shall not preempt stricter standards otherwise duly established by State or local authority.

  (2) Federal action. If federal legislation is passed prior to July 1, 1993 that requires adoption of light bulb standards that are substantially equivalent to those required under this chapter, and they are required to be in effect by July 1, 1995, the Department may forego adoption of the rules required under this chapter. If federal standards are not, in fact, in effect as of July 1, 1995, the Department shall proceed with adoption of standards required under this chapter.

  (b) Standards for new products. By no later than July 1, 1993, the Department shall adopt rules establishing energy-efficiency standards for new products, so that each new product covered by those standards shall consume less power in watts per unit of light output in lumens than a maximum reference level to be established by the Department. These rules shall ensure that the standards allow for new products whose fit, availability, and performance are substantially the equivalent of products currently on the market and whose energy savings compensate for any increased cost. If substantially equivalent fit, availability, and performance is not readily attainable in these new products, the rules shall allow products currently on the market to continue to be sold at retail and installed by contractors and construction professionals in the State.

  (c) Inventory. Notwithstanding the provisions of this chapter, a retailer may sell light bulbs from the retailer’s stock as it existed on the effective date of the prohibitions established in this chapter. (Added 1991, No. 259 (Adj. Sess.), § 12.)

• § 3155. Applicability

  Subject to the effective date provided by section 3154 of this title, no new product covered by this chapter may be sold at retail, offered for retail sale, imported for retail sale or use, or installed by a contractor or other construction professional in buildings or structures in the State unless the efficiency rating of the product meets or exceeds the levels established by this chapter. The rules shall provide for waiver of the requirements of this section in the event of lack of availability of products of any given category, or for other good cause. (Added 1991, No. 259 (Adj. Sess.), § 12.)

• § 3156. Test methods

  The manufacturer shall cause the testing of samples of each model of each product covered by this chapter in a manner consistent with any test methods established by rule of the Department. (Added 1991, No. 259 (Adj. Sess.), § 12.)

• § 3157. Certification statements

  (a) Manufacturers of products covered by this chapter shall certify to the Department that those products are in compliance with the provisions of this chapter.

  (b) Each product, or its packaging that is visible to a retail consumer, shall specify the product’s energy efficiency level in a manner established by rule of the Department.

  (c) The Department may require, by rule, other information necessary to permit the determination that products covered by this chapter comply with the standards established by this chapter. (Added 1991, No. 259 (Adj. Sess.), § 12.)

• § 3158. Enforcement and penalties

  (a) The Department may investigate complaints received concerning violations of this chapter and shall report the results of its investigation to the Attorney General or a State’s Attorney. The Attorney General or a State’s Attorney may institute proceedings to enjoin any person found to be violating the provisions of this chapter.

  (b) The Department may cause periodic inspections to be made of manufacturers, distributors, or retailers of new products in Vermont in order to determine compliance with this chapter. The Department, by rule, may adopt procedures for inspection and verification of products.

  (c) Any manufacturer, distributor, retailer, or contractor who, by a continuing course of conduct on his or her part, or on the part of an employee or agent, willfully violates any provision of this chapter is subject to a civil penalty of not more than $50.00. (Added 1991, No. 259 (Adj. Sess.), § 12.)