Section 339-G:4 Sale and Installation of Products.


   I. After December 31, 2008, no new bottle-type water dispenser or commercial hot food holding cabinet shall be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards in RSA 339-G:3. After December 31, 2009 no new bottle-type water dispenser or commercial hot food holding cabinet shall be installed in the state unless the energy efficiency of the new product meets or exceeds the efficiency standards in RSA 339-G:3.
   II. Within 6 months after the effective date of this section, the commission, in consultation with the attorney general, shall determine if implementation of state standards for residential furnaces requires a waiver from federal preemption. The commission shall make separate determinations for each part of the state standards including minimum Annual Fuel Utilization Efficiency (AFUE), maximum electricity ratio, and any prescriptive requirements. If the commission determines that a waiver from federal preemption is not needed for any part, then after December 31, 2008, or the date which is one year after the date of said determination, if later, no new residential furnace may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the applicable non-preempted part of the efficiency standards in RSA 339-G:3. If the commission determines that a waiver from federal preemption is required for all or part of the state standards, then the commission shall apply for such waiver within one year of such determination and upon approval of such waiver application, the applicable state standards shall go into effect at the earliest date permitted by federal law. The commission shall certify any determinations and approvals under this paragraph to the secretary of state and the director of the office of legislative services.

Source. 2008, 310:1, eff. Jan. 1, 2009.