1. (a) Testing Requirements.

   1. (1) has conducted tests using the applicable test method within the previous 12 months;

   2. (2) agrees to and does interpret and apply the applicable test method set forth in section 1604 of this Article precisely as written;

      1. (A) for laboratories testing federally regulated appliances and equipment, agrees to and does interpret and apply any applicable provisions of 10 C.F.R. section 429, subpart C;
   3. (3) has, and keeps properly calibrated and maintained, all equipment, material, and facilities necessary to apply the applicable test method precisely as written;

   4. (4) agrees to and does maintain copies of all test reports, and provides any such report to the Executive Director on request, for all basic models that are still in commercial production; and

      1. (A) if an alternate efficiency determination method (AEDM) is used in lieu of testing, agrees to and does maintain copies of all records required to be maintained by 10 C.F.R. section 429.71, and provides any such records to the Executive Director on request, for all basic models that are still in commercial production; and
   5. (5) agrees to and does allow the Executive Director to witness any test of such an appliance on request, up to once per calendar year for each basic model.

   The manufacturer shall cause the testing of units of each basic model of appliance within the scope of section 1601 of this Article, using the applicable test method listed in section 1604 of this Article unless otherwise provided in subsection (c) of this section. If the manufacturer of the basic model does not participate in an approved industry certification program for the basic model, or does not apply such a program to test all units under this Article, the testing shall be at a laboratory that the Executive Director determines:

2. (b) Approved Industry Certification Programs.

   1. (1) An “approved industry certification program” is an appliance certification program that has successfully applied through MAEDbS to become an approved industry certification program; and that the Executive Director has determined:

      1. (A) is operated by an appliance manufacturer trade association or other entity approved as an approved industry certification program by the Executive Director;
      2. (B) is accredited by ANSI or ISO, or has received from a nationally recognized entity an approval that provides substantially similar guarantees of substantive and procedural reliability and accuracy; and

      3. (C) provides:

         1. 1. an internet-accessible listing of appropriate energy performance information that is updated at least every 6 months;
         2. 2. testing of appliances according to applicable test methods and accurate reporting of test results;

         3. 3. listings that:

            1. a. include no appliance not meeting an applicable federal standard,
            2. b. clearly and distinctly indicate which appliances meet the applicable federal standard but do not meet an applicable California standard, which shall be identified, and
            3. c. where there is no federal standard, clearly and distinctly indicate which appliances do not meet an applicable California standard which shall be identified; and
         4. 4. verification of manufacturer-submitted data;
         5. 5. an appropriate procedure for program participants to challenge listed information; and
         6. 6. compatibility with the MAEDbS described in section 1606(c) of this Article.
   2. (2) The Executive Director shall, within 30 days of receiving a written request by an entity administering an appliance certification program, determine whether the program meets the criteria in section 1603(b)(1) of this Article. If the Executive Director determines that the program meets all the criteria, they shall designate the program as an approved industry certification program. The Executive Director shall periodically publish a list of all approved industry certification programs.
   3. (3) Upon request or on their own initiative, the Executive Director may review whether an approved industry certification program continues to meet the criteria in section 1603(b)(1) of this Article. If the Executive Director determines that the program meets all the criteria, the program shall remain on the list of approved industry certification programs published under section 1603(b)(2) of this Article. If the Executive Director determines that the program does not meet all the criteria, they shall remove the program from the list, and the program shall no longer be an approved industry certification program.

3. (c) Appliances for Which There Is a Waiver of the Federal Test Method.

   1. (1) If, for a basic model of an appliance, there is in effect a waiver from an otherwise-applicable federal test method granted pursuant to 10 C.F.R. section 430.27, and the waiver is conditioned on adherence to an alternate test procedure pursuant to 10 C.F.R. section 430.27(l), then the manufacturer shall cause the testing of units of the basic model using such alternate test procedure, and such alternate test procedure shall be deemed to be the test method listed or specified in section 1604 of this Article for the basic model.

   2. (2) If, for a basic model of an appliance, there is in effect a waiver from an otherwise-applicable federal test method granted pursuant to 10 C.F.R. section 430.27, and the waiver is not conditioned on adherence to an alternate test procedure pursuant to 10 C.F.R. section 430.27(l), then the manufacturer shall petition the Executive Director to specify:

      1. (A) an alternative assessment method; if the Executive Director so specifies, then the manufacturer shall cause the testing of units of the basic model of appliance using the alternative assessment method, and such alternative assessment method shall be deemed to be the test method listed or specified in section 1604 of this Article for the basic model; or
      2. (B) that there is no alternative assessment method, because either the basic model has physical characteristics that prevent testing or there is no method that can produce reasonably accurate results; if the Executive Director so specifies, then the manufacturer need not test units of the basic model and it shall be deemed that there is no test method listed or specified in section 1604 of this Article for the basic model.

   3. (3) For appliances meeting section 1603(c)(2) of this Article, the manufacturer of the basic model shall petition for and obtain a specification from the Executive Director before submitting a statement for the basic model pursuant to section 1606(a) of this Article.

      The following documents are incorporated by reference in section 1603.

      Number

      Title

      FEDERAL STATUTES AND REGULATIONS

      C.F.R., Title 10, part 429, subpart C

      C.F.R., Title 10, part 429.71

      Copies available from:

      SUPERINTENDENT OF DOCUMENTS

      U.S. GOVERNMENT PRINTING OFFICE

      WASHINGTON, DC 20402

      www.ecfr.gov

Note: Authority cited: Sections 25213, 25218(e), 25402(a)-25402(c) and 25960, Public Resources Code. Reference: Sections 25216.5(d), 25402(a)-25402(c) and 25960, Public Resources Code.

History

1. Amendment of subsection (c)(1) filed 12-29-78 as an emergency; effective upon filing (Register 78, No. 52).

2. Certificate of Compliance filed 4-26-79 (Register 79, No. 17).

3. Amendment of subsection (a) filed 4-26-79; effective thirtieth day thereafter (Register 79, No. 17).

4. Amendment filed 2-7-80; effective thirtieth day thereafter (Register 80, No. 6).

5. Amendment filed 7-21-82; effective thirtieth day thereafter (Register 82, No. 30).

6. New subsection (g) filed 10-1-82; designated effective 6-2-83 (Register 82, No. 40).

7. Amendment of subsection (c) and Table C-2 filed 1-3-83; effective thirtieth day thereafter (Register 83, No. 2).

8. Editorial correction of subsection (c) (Table C-1) and subsection (d)(2) (Register 83, No. 18).

9. Amendment of subsection (d)(2) filed 12-1-83; designated effective 12-22-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 49).

10. Amendment filed 5-22-85; effective thirtieth day thereafter (Register 85, No. 21).

11. Amendment of subsection (c) filed 3-3-86; effective thirtieth day thereafter (Register 86, No. 10).

12. Amendment of subsection (f) filed 10-23-86; effective thirtieth day thereafter (Register 86, No. 43).

13. Amendment filed 7-20-87; operative 8-19-87 (Register 87, No. 30).

14. Amendment filed 8-29-88; operative 9-28-88 (Register 88, No. 37).

15. Amendment of subsection (a), new subsection (d), and renumbering and amendment of former subsections (d)-(g) to subsections (e)-(h) filed 6-5-90; operative 7-5-90 (Register 90, No. 31).

16. Amendment filed 11-6-91; operative 12-6-91 (Register 92, No. 9).

17. Amendment of subsections (f) and (f)(2), repealer and new subsections (f)(3)-(4), amendment of subsection (f)(5), new subsections (f)(5)(A)-(B)(ii), and amendment of (a) Federal Test Methods and addition of reference of document BSR/ASHRAE 118.2P in (e) in note following section 1603 filed 7-23-92; operative 98-24-92 (Register 92, No. 35).

18. Repealer and new section filed 10-28-2002; operative 11-27-2002 (Register 2002, No. 44).

19. Amendment of subsection (a) and new Exception filed 4-1-2003 as an emergency; operative 4-1-2003 (Register 2003, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-30-2003 or emergency language will be repealed by operation of law on the following day.

20. Certificate of Compliance as to 4-1-2003 order transmitted to OAL 7-8-2003 and filed 8-19-2003 (Register 2003, No. 34).

21. Amendment of subsection (a) and repealer of subsection (b)(3) filed 3-16-2005; operative 4-15-2005 (Register 2005, No. 11).

22. Amendment of subsection (a), redesignation of Exception as Exception 1 and new Exception 2 and subsections (c)-(c)(2)(B) filed 12-30-2005; operative 1-1-2006 pursuant to Government Code section 11343.4 (Register 2005, No. 52).

23. Amendment of subsection (a) -- Exceptions 1-2 and amendment of subsections (c)(1)-(2) and Note filed 7-10-2009; operative 8-9-2009 (Register 2009, No. 28).

24. Amendment filed 4-22-2014; operative 7-1-2014 (Register 2014, No. 17).

25. Amendment of section and Note filed 9-26-2018; operative 10-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 39).

26. Change without regulatory effect amending subsections (b)(2)-(3) filed 8-24-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 34).

27. Amendment of subsection (a), new subsection (a)(4)(A), redesignation of former subsections (b)(1)(D)-(F) as new subsections (b)(1)(C)4.-6., amendment of subsections (b)(3) and (c)(3) and amendment of table of documents incorporated by reference filed 7-18-2024; operative 7-18-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 29).