Chapter 17M. Energy Efficiency Standards.

§ 8–1771.01. Definitions.

For the purposes of this chapter, the term:

(1) "Air purifier" means an electric, cord-connected, portable appliance with the primary function of removing particulate matter from the air and which can be moved from room to room.

(1A) “Ballast” means a device used with an electric discharge lamp to obtain necessary circuit conditions (voltage, current, and waveform) for starting and operating the lamp.

(2) Repealed.

(2A) "Cold temperature lamp" means a fluorescent lamp, that is not a compact fluorescent lamp, that:

(A) Is specifically designed to start at -20°F when used with a ballast conforming to the requirements of ANSI C78.81 and ANSI C78.901; and

(B) Is expressly designated as a cold temperature lamp both in markings on the lamp and in marketing materials, including catalogs, sales literature, and promotional material.

(2B) "Commercial dishwasher" means a machine designed to clean and sanitize plates, pots, pans, glasses, cups, bowls, utensils, and trays by applying sprays of detergent solution (with or without blasting media granules) and a sanitizing rinse.

(2C) "Commercial fryer" means an appliance, including a cooking vessel, in which oil is placed to such a depth that the cooking food is essentially supported by displacement of the cooking fluid rather than by the bottom of the vessel. The term "commercial fryer" includes electric fryers, where heat is delivered to the cooking fluid by means of an immersed electric element of band-wrapped vessel, and gas fryers, where heat is transferred from gas burners through either the walls of the fryer or through tubes passing through the cooking fluid.

(3) “Commercial hot food holding cabinet” means a heated, fully-enclosed compartment with one or more solid or glass doors that is designed to maintain the temperature of hot food that has been cooked in a separate appliance. The term “commercial hot food holding cabinet” shall not include heated glass merchandizing cabinets, drawer warmers, or cook-and-hold appliances.

(3A) "Commercial steam cooker" means a device with one or more food-steaming compartments in which the energy in the steam is transferred to the food by direct contact. The term "commercial steam cooker" includes countertop models, wall-mounted models, and floor models mounted on a stand, pedestal, or cabinet-style base.

(4) “Construction Codes” means the standards and requirements adopted pursuant to Chapter 14 of Title 6.

(4A) "Faucet" means a lavatory faucet, kitchen faucet, metering faucet, public lavatory faucet, or replacement aerator for a lavatory, public lavatory, or kitchen faucet.

(4B) "High color rendering index fluorescent lamp" means a fluorescent lamp with a color rendering index of 87 or greater that is not a compact fluorescent lamp.

(5) “High-intensity discharge lamp” means a lamp in which light is produced by the passage of an electric current through a vapor or gas and in which the light-producing arc is stabilized by bulb wall temperature and the arc tube has a bulb wall loading in excess of 3 watts per square centimeter.

(5A) "Impact-resistant fluorescent lamp" means a fluorescent lamp, that is not a compact fluorescent lamp, that:

(A) Has a coating or equivalent technology that is compliant with NSF/ANSI 51 and is designed to contain the glass if the glass envelope of the lamp is broken; and

(B) Is designated and marketed for the intended application, with:

(i) The designation on the lamp packaging; and

(ii) Marketing materials that identify the lamp as being impact-resistant, shatter-resistant, shatter-proof, or shatter-protected.

(5B) "Industrial air purifier" means an indoor air cleaning device manufactured, advertised, marketed, labeled, and used solely for industrial use that are marketed solely through industrial supply outlets or businesses and prominently labeled as "Solely for industrial use. Potential health hazard: emits ozone.

(6) “Metal halide lamp” means a high-intensity discharge lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors.

(7) “Metal halide lamp fixture” means a light fixture designed to be operated with a metal halide lamp and a ballast for a metal halide lamp.

(7A) "Metering faucet" means a fitting that, when turned on, will gradually shut itself off over a period of several seconds.

(7B) "Plumbing fixture" means a device that connects to a plumbing system to deliver and drain away water and waste.

(7C) "Portable electric spa" means a factory-built electric spa or hot tub that may include any combination of integral controls, water heating, or water circulating equipment.

(8) “Probe-start metal halide ballast” means a ballast which is used to operate metal halide lamps, which does not contain an igniter, and which starts lamps by using a 3rd starting electrode probe in the arc tube.

(8A) "Public lavatory faucet" means a fitting intended to be installed in nonresidential bathrooms that are exposed to walk-in traffic.

(8B) "Replacement aerator" means an aerator sold as a replacement, separate from the faucet to which it is intended to be attached.

(8C) "Residential ventilating fan" means a ceiling, wall-mounted, or remotely mounted in-line fan designed to be used in a bathroom or utility room to move air from inside the building to the outdoors.

(8D) "Showerhead" means a device through which water is discharged for a shower bath and includes a hand-held showerhead but does not include a safety shower showerhead.

(9) “Single-voltage external AC to DC power supply” means a device that:

(A) Is designed to convert line voltage AC input into lower voltage DC output;

(B) Is able to convert to only one DC output voltage at a time;

(C) Is sold with, or intended to be used with, a separate end-use product that constitutes the primary power load;

(D) Is contained within a separate physical enclosure from the end-use product;

(E) Is connected to the end-use product through a removable or hard-wired male/female electrical connection, cable, cord, or other wiring;

(F) Does not have batteries or battery packs, including those that are removable, that physically attach directly to the power supply unit;

(G) Does not have a battery chemistry or type selector switch and:

(i) Indicator light; or

(ii) A battery chemistry or type selector switch and a state of charge meter; and

(H) Has a nameplate output power not exceeding 250 watts.

(9A) "Spray sprinkler body" means the exterior case or shell of a sprinkler incorporating a means of connection to the piping system designed to convey water to a nozzle or orifice.

(9B) "State-regulated general service lamp" means the following medium-based incandescent light bulbs:

(A) Reflector lamps that are:

(i) ER30, BR30, BR40, or ER40 lamps rated at 50 watts or less;

(ii) BR30, BR40, or ER40 lamps rated at 65 watts; or

(iii) R20 lamps rated at 45 watts or less;

(B) B, BA, CA, F and G shape lamps as defined in ANSI C79.1:2002 with a lumen output of greater than or equal to 200 and rated at 40 watts or less;

(C) A and C shape lamps as defined in ANSI C79.1:2002 with lumen output greater than or equal to 200 and less than 310;

(D) Shatter-resistant lamps; or

(E) 3-way lamps.

(10) “State-regulated incandescent reflector lamp” means a lamp, not colored or designed for rough or vibration service applications, with an inner reflective coating on the outer bulb to direct the light, an E26 medium screw base, a rated voltage or voltage range that lies at least partially within 115 to 130 volts, and that falls into either of the following categories:

(A) A blown PAR, bulged reflector, elliptical reflector, or similar bulb shape with a diameter equal to or greater than 2.25 inches; or

(B) A reflector, parabolic aluminized reflector, or similar bulb shape with a diameter of 2.25 to 2.75 inches.

(10A) "Urinal" means a plumbing fixture that receives only liquid body waste and conveys the waste through a trap into a drainage system.

(11) “Walk-in refrigerator or freezer” means a refrigerated space that can be walked into and has a total chilled and frozen storage area of less than 3,000 square feet, operates at chilled (above 32 degrees Fahrenheit) or frozen (at or below 32 degrees Fahrenheit) temperature, and is connected to a self-contained or remote condensing unit. The term “walk-in refrigerator or freezer” shall not include products designed and marketed exclusively for medical, scientific, or research purposes, or refrigerated warehouses.

(11A) "Water closet" means a plumbing fixture having a water-containing receptor that receives liquid and solid body waste through an exposed integral trap into a drainage system.

(11B) "Water cooler" means a freestanding device that consumes energy to cool or heat potable water.

(12) “Water dispenser” means a factory-made assembly that mechanically cools and heats potable water and that dispenses the cooled or heated water by integral or remote means.

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§ 8–1771.02. Scope.

(a) This chapter shall apply to the following types of new products sold, leased, rented, offered for sale, lease, or rent, or installed in the District of Columbia:

(1) Air purifiers;

(2) Commercial dishwashers;

(3) Commercial fryers;

(4) Commercial hot food holding cabinets;

(5) Commercial steam cookers;

(6) Computers and computer monitors;

(7) Faucets;

(8) High color rendering index lamps, cold temperature lamps, and impact-resistant fluorescent lamps;

(9) Metal halide lamp fixtures;

(10) Portable electric spas;

(11) Residential ventilating fans;

(12) Showerheads;

(13) Single-voltage external AC to DC power supplies;

(14) Spray sprinkler bodies;

(15) State-regulated general service lamps;

(16) State-regulated incandescent reflector lamps;

(17) Urinals and water closets;

(18) Walk-in refrigerators or freezers;

(19) Water coolers; and

(20) Any other products designated by the Mayor in accordance with § 8-1771.04.

(b) This chapter shall not apply to:

(1) New products manufactured in the District of Columbia and sold outside the District of Columbia;

(2) New products manufactured outside the District of Columbia and sold at wholesale inside the District for final retail sale and installation outside the District of Columbia;

(3) Products installed in mobile manufactured homes at the time of construction; or

(4) Products designed expressly for installation and use in recreational vehicles.

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§ 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

(C) Public lavatory faucets and replacement aerators shall not exceed a maximum flow rate of 0.5 gpm at 60 psi.

(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) 0.18 kilowatt-hours per day for on demand hot and cold units.

(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:

(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.

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§ 8–1771.04. New and revised standards.

(a) The Mayor may adopt rules to establish increased efficiency standards for the products listed in § 8-1771.02 or efficiency standards for products not specifically listed in § 8-1771.02 if he or she determines that increased efficiency standards would serve to promote energy conservation in the District of Columbia; provided, that no new or increased efficiency standards shall become effective in less than one year following the adoption of the rule establishing the efficiency standard; provided further, that a substantially identical standard shall have been adopted by statute or regulation in California. The Mayor may apply for a waiver of federal preemption in accordance with federal procedures under section 325 of the Energy Policy and Conservation Act, approved December 22, 1975 (89 Stat. 923; 42 U.S.C. § 6295 ), for state efficiency standards for any product regulated by the federal government.

(b) At least once every 5 years, the Mayor shall evaluate whether the efficiency standards for products listed in § 8-1771.02, or any rules issued pursuant to subsection (a) of this subsection, best serve to promote energy conservation in the District of Columbia, and issue a report to the Council on his or her findings.

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§ 8–1771.05. Testing, certification, labeling, and enforcement.

(a) The manufacturers of products covered by this chapter shall test samples of their products. The tests shall be conducted in accordance with test procedures contained in § 8-1771.03 or with test procedures adopted by California or Maryland if the test procedures were adopted to enforce energy efficiency standards substantially identical to those adopted by the District of Columbia. If test procedures are not provided for in § 8-1771.03, the Mayor may adopt test procedures adopted by any other state, United States Department of Energy-approved test methods or, in the absence of such test methods, other appropriate nationally recognized test methods.

(b) Manufacturers of new products covered by § 8-1771.03, except for single-voltage external AC to DC power supplies and walk-in refrigerators or freezers, shall certify that the products are in compliance with the provisions of this chapter. The certifications shall be based on test results. The Mayor may promulgate rules governing the certification of such products and may coordinate with the certification programs of other states and federal agencies with substantially identical standards.

(c) Manufacturers of new products covered by § 8-1771.03 shall identify each product offered through retailers for sale or installation in the District of Columbia as in compliance with the provisions of this chapter, or with the energy efficiency standards enacted by another state or the federal government if the standards on which the compliance is based are substantially identical to the appropriate standards in the District of Columbia, by means of a mark, label, or tag on the product or packaging at the time of sale or installation. The Mayor shall allow the use of existing marks, labels, or tags that connote compliance with the efficiency requirements of this chapter. All display models of products covered by § 8-1771.03 shall be displayed with a mark, label, or tag on the product indicating compliance with the efficiency requirements of this chapter. If a national efficiency standard is established by federal law or regulation for a product covered by § 8-1771.03, the labeling requirements of this subsection shall not apply to the product.

(d) The Mayor may test products covered by § 8-1771.03 following the implementation dates of the standards provided in § 8-1771.03 for the specific product. If products so tested are found not to be in compliance with the minimum efficiency standards established under § 8-1771.03, after notice and a hearing, the Mayor shall:

(1) Impose a penalty on the manufacturer of the product in an amount at least equal to the cost of product purchase and testing; and

(2) Make information available to the public on products found not to be in compliance with the standards.

(e) The Mayor may randomly and periodically inspect distributors or retailers of new products covered by this chapter to determine compliance. The Mayor may also undertake inspections prior to occupancy of newly constructed buildings containing new products that are also covered by the Construction Codes.

(f)(1) The Mayor may investigate potential violations of this chapter. If the Mayor finds, after notice and a hearing, that a manufacturer, distributor, or retailer of a product covered by this chapter, or a person who installs a product covered by this chapter, violates any provision of this chapter, the Mayor:

(A) For a first violation, shall issue a warning; and

(B) For a second or subsequent violation, may take one or more of the following actions:

(i) Impose a penalty not to exceed:

(I) Two thousand five hundred dollars if the violator is, or is an agent of, a manufacturer, distributor, or retailer of the product; or

(II) Five hundred dollars for any other violator;

(ii) Issue a cease and desist order; or

(iii) Request that the Attorney General for the District of Columbia commence civil or criminal action to secure injunctive or other appropriate relief.

(2) Each violation shall constitute a separate offense. Each day that a violation continues shall constitute a separate offense.

(3) Penalties assessed under this subsection shall be in addition to the costs assessed under subsection (d) of this section.

(g) The Mayor may adopt such other rules as may be necessary or appropriate for the implementation and enforcement of this chapter.

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§ 8–1771.05a. Protection against repeal of federal standards.

(a) If any of the energy or water conservation standards issued or approved for publication by the Office of the United States Secretary of Energy as of January 19, 2017, pursuant to the Energy Policy and Conservation Act (Parts 430-431 of Title 10 of the Code of Federal Regulations) ("2017 federal standard"), are withdrawn, repealed, or otherwise voided, the minimum energy or water efficiency level permitted in the District of Columbia for such products shall be set at the 2017 federal standard, and the product shall not be sold, leased, or rented, offered for sale, lease, or rent, or installed in the District unless the efficiency of the product meets or exceeds the 2017 federal standard.

(b) This section shall not apply to any federal energy or water conservation standard set aside by a court upon the petition of a person who will be adversely affected, as provided in 42 U.S.C. § 6306(b).

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§ 8–1771.06. Electric company purchases of distribution transformers — Public Service Commission rule.

(a) For the purposes of this section, the term:

(1) “Electric company” shall have the same meaning as in § 34-207.

(2) “Liquid-immersed distribution transformer” means a transformer that:

(A) Has an input voltage of 34,500 volts or less;

(B) Has an output voltage of 600 volts or less;

(C) Uses oil or other liquid as a coolant; and

(D) Is rated for operation at a frequency of 60 Hertz.

(3) “Transformer” means a device consisting of 2 or more coils of insulated wire and that is designed to transfer alternating current by electromagnetic induction from one coil to another to change the original voltage or current value.

(b) Within 365 days of the date that the United States Department of Energy issues a final rule on liquid-immersed distribution transformers, the Public Service Commission shall adopt a rule governing the purchase of liquid-immersed distribution transformers by the electric company. The rule shall ensure that, subject to availability, all such purchases occurring on or after January 1, 2009 are based on the life-cycle cost methodology contained in section 2 of Standard TP 1-2002 published by the National Electrical Manufacturers Association. The Public Service Commission may also consider additional inventory management costs as costs for inclusion within the life-cycle cost methodology to be used by an electric company for purposes of this section. Except as provided herein, the rule shall be consistent with regulations pertaining to liquid-immersed distribution transformers adopted by the United States Department of Energy.

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