Category: Legislation + Regulation

Four Changes In The 2023 National Electric Code Impacting Lighting

The National Electrical Code (NEC) updates every three years. David summarizes four changes in this code cycle (2023 edition of the NEC) that impact lighting.

The National Electrical Code (NEC) updates every three years. Here are four changes this code cycle (2023 edition of the NEC) that impact lighting:

Images: pixabay.com

Horticultural Lighting

To address certain potential hazards in the horticultural lighting industry, Sec. 410.184 clarifies that GFCI protection is required where the horticultural lighting is connected with flexible cords using separable connectors or attachment plugs. A new Exception allows lighting equipment supplied with circuits over 150V to be protected with a listed special-purpose ground-fault circuit interrupter (GFCI) that trips at 20mA instead of 6mA.

Wiring and Equipment Installed Above Hazardous (Classified) Locations

Section 511.17 went through a significant transformation as it was reorganized into a list format with additional requirements for listed fittings and equipment grounding conductors (EGCs) added to the mix. The term “Class I” was replaced by “Hazardous (Classified)” in five locations, including the title of this Section, as the zone classification system no longer uses the “Class I” designation. This Section was also reorganized from a long paragraph into nine list items for usability, and requirements were added to most of the wiring methods.

Receptacles, Luminaires, and Switches

The requirements for GFCI protection of receptacles in (A)(4) were expanded this cycle in Sec. 680.22 to include all receptacles rated 60A or less within 20 ft of a pool wall. This previously only applied to 15A and 20A, 125V receptacles. This Section also requires GFCI protection for specific equipment installed in the area between 5 ft and 10 ft horizontally from the inside walls of a pool. New language in (B)(4) expands the required protection by adding an SPGFCI requirement that will allow equipment operating above 150V to ground to also be protected.

Class-2-Powered Emergency Lighting Systems

A new Sec. 700.11 for Class 2 wiring provides the requirements for these systems. This new Section addresses technologies such as PoE and other emergency lighting systems that utilize Class 2 power. The other rules in this Article address line voltage systems, and this new Section provides requirements for low-voltage emergency systems.

 

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New DOE Guidance On GSL & GSIL Backstop Timing and Certification Requirements

On October 28th, the US DOE issued new guidance for the industry to comply with the GSL & GSIL certification requirements and timing. Back in May, the DOE issued two final rules for these lamps. These rules changed which lamps have to be certified to DOE.

On October 28th, the US DOE issued new guidance for the industry to comply with the GSL & GSIL certification requirements and timing. In May of 2022, the DOE issued two final rules for these lamps:

Image: https://appliance-standards.org

  1. Expanded definition of GSL & GSIL that became effective on 7/8/22 (“the Definitions Rule”), and
  2. The prohibition of selling any GSL below 45 lm/W, effective 7/25/22 (“the Backstop Rule”).

These rules changed which lamps have to be certified to DOE CCMS. Although GSLs must comply with the Backstop Rule, manufacturers are not currently required to certify compliance to the efficacy backstop. This may become required at a future date. DOE is only requiring certification to the applicable pre-backstop standard. See the table below.

DOE will pursue penalties for GSLs that do not meet the 45 lm/W requirement, whether they are certified to a pre-backstop standard or not.

Manufacturers of GSLs must also apply the sampling and test methods of 10 CFR 429.57 for determining represented values and ratings for GSLs, including those subject to the FTC lighting labeling rules, even if they are not currently required to certify compliance to DOE.

There are seven categories of lamps that were not GSILs before the Definitions Rule, but now are GSILs and thus also are GSLs. These are: (1) T shape lamps that use not more than 40 watts or has a length of more than 10 inches; (2) B, BA, CA, F, G16-1/2, G-25, G30, S, or M-14 lamps of 40 watts or less; (3) reflector lamps; (4) rough service lamps; (5) shatter-resistant lamps; (6) 3-way lamps; and (7) vibration service lamps. Each manufacturer/importer must certify that each model of these GSILs complies with the applicable maximum wattage standards. The 45 lm/W backstop sales ban applies to these lamps, as they are now GSLs.

DOE began enforcing the certification requirements for these 7 additional lamp categories on November 1, 2022. Each manufacturer/importer must certify all basic models distributed in commerce in the United States no later than November 1. A manufacturer who begins distributing in commerce any of these additional lamps that were manufactured or imported on or after November 1, 2022, must certify that basic model before distribution. Manufacturers who continue to hold inventory that was manufactured before November 1, 2022 do not need to certify compliance for these basic models. The certification provisions require new basic models of GSILs manufactured or imported on or after November 1, 2022 subject to the energy conservation standards to be certified before distribution in commerce, annually thereafter, and when discontinued.

Rough service and vibration service lamps were subject to a wattage limit before the Definitions Rule, and IRLs were subject to standards. Now each manufacturer/importer of rough and vibration service lamps and IRLs must certify compliance according to the requirements for GSILs.

Existing certification requirements continue to apply to medium base compact fluorescent lamps, candelabra and intermediate base incandescent lamps and lamps defined as GSILs before the Definitions Rule. This requires certifying compliance with the applicable standards, using the applicable sampling plan and certification requirements.

The DOE guidance document can be downloaded here.

Source: US DOE 10/31/22 Certification Guidance for GSIL & GSL

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Quick Summary Of CA Title 24 Lighting Changes For Non-Residential Buildings

Energy Code Ace has created a summary of California Title 24 code changes for Non-Residential Buildings. The 2022 Title 24, Part 6 Building Energy Efficiency Standards (Energy Code or Title 24, Part 6) updates the 2019 Energy Code.

Energy Code Ace has created a summary of California Title 24 code changes for Non-Residential Buildings. The 2022 Title 24, Part 6 Building Energy Efficiency Standards (Energy Code or Title 24, Part 6) updates the 2019 Energy Code.

The 2022 Energy Code is effective as of January 1, 2023. Any projects that apply for a permit on or after this date will be subject to the 2022 Energy Code. Information and documents are available at: https://www.energy.ca.gov/programs-and- topics/programs/building-energy-efficiency-standards/2022- building-energy-efficiency .

Below are the key lighting changes to the Energy Code that apply to nonresidential buildings such as hotels, motels, factories, office buildings, retail spaces and healthcare facilities. In the 2019 Energy Code, high-rise multifamily buildings were grouped with nonresidential buildings. The 2022 Energy Code reorganizes low-rise and high-rise multifamily buildings into one building type and moves requirements for multifamily buildings to their own subchapters.

INDOOR LIGHTING:

Lighting Controls

  • 130.1

Mandatory Requirements

Demand-responsive Lighting Controls: There is a new trigger in §110.12(c) based on lighting wattage, not square footage. When general and all other lighting is subject to the multilevel requirements of §130.1(b) for a project 4,000 watts or more, demand-responsive controls are required. A demand-response signal must be capable of automatically reducing general lighting as specified in Table 130.1-A requirements. All other lighting can also be included but is not required.

Manual Area Controls: There are new exceptions to the manual area control accessibility and location requirements.

Shut-OFF Controls: Offices over 250 ft2 have new shut-OFF control requirements.

Daylighting Controls: Secondary daylighting controls are now mandatory along with primary and skylit daylighting controls.

Power Adjustment Factors and Lighting Power Allowances
§140.6(a)

Prescriptive Requirements

Since offices over 250 ft2 now have Mandatory occupancy sensor control requirements, the large office power adjustment factors (PAFs) have been revised on Table 140.6-C.

The allowed indoor lighting power density has been reduced for many types of buildings and spaces:

  • Table 140.6-B: Complete Building Method
  • Table 140.6-C: Area Category Method
  • Tables 140.6-D, E, F, and G Tailored Methods

Indoor Lighting Alterations

  • 141.0(b)2I

Prescriptive Requirements

Changes are made to Table 141.0-F Control Requirments for Indoor Lighting Systems Alterations. Alterations do not need to meet new occupancy sensor requirements for offices 250 ft2 or larger that either:

  • Use 80% or less of allowed wattage allowance of §140.6
  • Reduce wattage one-for-one over 40%

OUTDOOR LIGHTING:

Outdoor Lighting Zones

Title 24, Part 1 §10-114

Mandatory Requirements

The 2022 Energy Code changes how lighting zones LZ1, LZ2, and LZ3 apply. In Table 8, excerpted from Table 10-114-A, there are two urban zones, and new examples are given. See the excerpt below.

Outdoor Lighting Power Allowances

  • 140.7

Prescriptive Requirements

Table 140.7-A General Hardscape Lighting Power Allowance has revised wattage allowances. Asphalt and concrete are no longer differentiated on the table.

An additional allowance for security cameras is added to Table 140.7-B Additional Lighting Power Allowance for Specific Applications. This allowance applies when a security camera is installed within 2 mounting heights of the general hardscape area and mounted over 10 ft away from a building.

The full Energy Code Ace Fact Sheet on What’s New in 2022 for Non-Residential Buildings can be found here.

 

 

 

 

 

 

 

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New EPA Toxic Rules Impacting The DIY Channel & Lighting Vendors

The United States Environmental Protection Agency (EPA) Final Rule on 40 CFR 751 Subpart E – Persistent, Bioaccumulative, and Toxic (PBT) Chemicals under Section 6 of the Toxic Substances Control Act (TSCA) is beginning to impact lighting manufacturers in the DIY big box channel. 

The United States Environmental Protection Agency (EPA) Final Rule on 40 CFR 751 Subpart E – Persistent, Bioaccumulative, and Toxic (PBT) Chemicals under Section 6 of the Toxic Substances Control Act (TSCA) is beginning to impact lighting manufacturers in the DIY big box channel. This regulatory Subpart was published on January 11th, 2021, and as of January 6th, 2022, this rule prohibits sales of products and articles containing:

  • Decabromodiphenyl ether (DecaBDE) – a flame retardant used in electronics, textiles, upholstery, wire and cable coverings.
  • Hexachlorobutadiene (HCBD) –  a byproduct made during chlorinated hydrocarbon manufacture.
  • 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP) – a reactant used in producing fuel-related additives.
  • Pentachlorothiophenol (PCTP) – an agent used to make rubber more pliable.
  • Phenol, Isopropylated Phospate (3:1) (PIP (3:1))– a plasticizer, flame retardant, anti-wear and anti-compressibility adhesive used in various industrial lubricants, fluids, oils, coatings, greases, and sealants.

Major DIY retailers, such as The Home Depot, are now requiring vendors, including lighting vendors, to provide letters of attestation and, in some cases, lab test reports demonstrating that product complies with 40 CFR 751 Subpart E of the TSCA PBT regs.

Title 40 / Chapter 1 / Subchapter R / Part 751 / Subpart E regulatory text can be found here.

 

 

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New California Law Protects Importers Using CA Ports

On September 30th, Governor Gavin Newsom signed AB2406 into law, protecting importers from the imposition of unfair fees and trade practices. The bill limits the damages of detention and demurrage fees imposed by international ocean carriers.

On September 30th, Governor Gavin Newsom signed AB2406 into law, protecting importers from the imposition of unfair fees and trade practices. The bill limits the damages of detention and demurrage fees imposed by international ocean carriers.

Image courtesy Pixabay.com

Existing law prohibits an intermodal marine equipment provider or intermodal marine terminal operator from imposing per diem, detention, or demurrage charges on an intermodal motor carrier relative to transactions involving cargo shipped by intermodal transport under certain circumstances, including when an intermodal marine terminal decides to divert equipment without 48 hours notice. This law also prohibits an intermodal marine container provider from imposing those charges, extended dwell charges, or commencing or continuing free time, as defined, on a motor carrier, as defined, beneficial cargo owner, or other intermediary relative to transactions involving cargo shipped by intermodal transport under certain circumstances.

This bill specifies that where these provisions are addressed by future federal law or regulation, and the federal law or regulation permits states to exceed the requirements set forth in the federal law or regulation, the more stringent provision shall govern.

The full legislative text can be found here.

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DOE Gives Notice Of Enforcement Actions For Regulated Products

The U.S. Department of Energy (DOE) issued a Notice of Intent (NOI) to notify interested parties of DOE’s intent to immediately commence on-the-record hearings before Administrative Law Judges (ALJs) in civil penalty cases for violations of DOE’s conservation standards and certification requirements. This NOI also provides procedural details that will govern these hearings.

The U.S. Department of Energy (DOE) issued a Notice of Intent (NOI) to notify interested parties of DOE’s intent to immediately commence on-the-record hearings before Administrative Law Judges (ALJs) in civil penalty cases for violations of DOE’s conservation standards and certification requirements. This NOI also provides procedural details that will govern these hearings.

Image courtesy Energy.gov

DOE’s NOI indicates increased enforcement of the energy conservation standards and certification requirements for regulated products using the Compliance Certification Management System (CCMS). Manufacturers and importers must accurately certify regulated products to avoid enforcement action. DOE has recently updated several templates in CCMS.

This notice of intent became effective on September 30, 2022, and can be found here.

The new DOE Procedures for Administrative Adjudication of Civil Penalty Actions can be found here.

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Congress Passes BRIGHT Act Requiring Federal Buildings To Procure Efficient Lighting

Both houses of Congress have passed The BRIGHT Act to ensure federal buildings utilize energy-efficient lighting. The House passed the bill on September 14, 2022, and the Senate passed the bill on March 30, 2022. The bill still requires the signature of President Biden before it becomes law.

Both houses of Congress have passed The BRIGHT Act to ensure federal buildings utilize energy-efficient lighting. The House passed the bill on September 14, 2022, and the Senate passed the bill on March 30, 2022. The bill still requires the signature of President Biden before it becomes law.

Image courtesy of Pixabay

The bill was sponsored by Senator Gary Peters (D-Michigan). Currently, there is no legal guidance in the federal government to maximize long-term cost and energy savings across lighting products. The bipartisan Bulb Replacement Improving Government with High-Efficiency Technology (BRIGHT) Act requires the GSA Administrator to ensure that public buildings are using the most life-cycle cost-effective and energy-efficient technology to the extent practicable when performing normal maintenance, altering, or constructing public buildings. The bill also requires GSA to issue guidance to federal agencies and state, local, and Tribal entities to further streamline efficiency and effectiveness across government. GSA previously released a series of reports that calculated that switching to LED lighting would result in millions of dollars in cost savings due to their superior lifespan and energy efficiency.

Full legislative language for the bill is available here.

 

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Important Details About The California Fluorescent Lamp Ban

On September 18, 2022, California banned fluorescent lamps, both CFLs and linear fluorescent lamps, joining Vermont’s ban in May, and the EU’s ban in December. California went beyond Vermont’s ban on 4’ lamps, by banning linear fluorescent tubes up to 8’ long.I chased down the legislative details for you.

Earlier this week, California banned fluorescent lamps, both CFLs and linear fluorescent lamps, joining Vermont’s ban in May, and the EU’s ban in December. California went beyond Vermont’s ban on 4’ lamps, by banning linear fluorescent tubes up to 8’ long.

I chased down the legislative language and found the following effective date information for the CA ban:

  • Screw or bayonet base CFLs are prohibited on and after January 1, 2024.
  • Pin-based CFLs are prohibited on or after January 1, 2025.
  • Linear fluorescent lamps (aka fluorescent tubes) are prohibited on or after January 1, 2025.

Other interesting details of the law include:

  • The legal language prohibits “final sale, sold at final sale, or distributed in CA as a new manufactured product.”
  • The bill exempts various CFLs and linear lamps, including ones for image capture and projection, lamps used for disinfection, sunlamps for tanning, and other specialized lamps for medical purposes & scientific research.
  • The CFL ban applies to all tube diameters and all tube lengths, including, but not limited to: PL, spiral, twin tube, triple, twin, 2D, U-bend, and circular.
  • The linear fluorescent ban includes, but is not limited to:
    • single-pin, two-pin, and recessed double contact.
    • all tube diameters, including, but not limited to T5, T8, T10, and T12.
    • all tube lengths from 0.5 to 8.0 feet, inclusive.
    • all lamp shapes, including, but not limited to linear, U-bend, and circular.

The remarkably brief 2.5-page legal language can be downloaded here.

 

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Energy Efficiency Tax Deductions Expanded By The Inflation Reduction Act

The Inflation Reduction Act (IRA) of 2022 was signed into law on August 16, 2022. Among the provisions included in this bill is the expansion of the Section 179D tax deduction for building energy efficiency. Thousands of commercial building owners have utilized the 179D tax deduction since its inception in 2005, and this expansion potentially allows for many more to not only utilize the deduction but also claim larger amounts than previously available.

The Inflation Reduction Act (IRA) of 2022 was signed into law on August 16, 2022. Among the provisions included in this bill is the expansion of the Section 179D tax deduction for building energy efficiency. Thousands of commercial building owners have utilized the 179D tax deduction since its inception in 2005, and this expansion potentially allows for many more to not only utilize the deduction but also claim larger amounts than previously available.

Under the Energy Policy Act (EPAct) of 2005, Section 179D allows for energy efficient investments in new and existing buildings to qualify for immediate tax deductions up to $1.88 per square foot through the 2022 tax year. Eligible projects include those related to interior lighting, HVAC, and building envelope. The 179D deduction was made permanent as part of the Consolidated Appropriations Act of 2021. Owners of commercial buildings can utilize the 179D deduction for building projects completed since January 1, 2006. Owners in all major building categories are utilizing the deduction, including warehouse, industrial, retail, office, hospitality, and restaurant chains.

The Inflation Reduction Act of 2022 includes numerous updates to the 179D deduction, which take effect on January 1, 2023. Notable updates include:

  • Deduction levels up to $5.00 per square foot – the qualified deduction range for projects meeting prevailing wage and apprenticeship standards will be between $2.50 and $5.00 per square foot, depending on the building’s energy efficiency level. For projects that do not meet prevailing wage and apprenticeship standards, the deduction level range will be between $0.50 and $1.00 per square foot.
  • Inclusion of not-for-profits, instrumentalities and Tribal Government buildings – Designers of energy systems in these buildings are now allowed to claim the 179D deduction for qualifying projects.
  • Deduction reset – currently, the maximum 179D deduction can be taken once over the life of the building. With the passage of this new law, the maximum deduction would now be available every three years on a commercial building and every four years on a government, instrumentality, not-for-profit, or Tribal Government building.

With the growth of e-commerce, many new distribution centers / warehouses have been built in the United States. This is an excellent category for large EPAct tax deductions which are based on square footage. Under the IRA a 1 million-square-foot distribution center could qualify for a $5 million tax deduction.

With warehouse lighting projects, facility managers are required to understand which items are picked more frequently. One strategy is to use sensor-controlled digital fixtures and organize the aisles so that the most frequently picked items are all in the same aisles with the easiest access. With this technique, large portions of the warehouse can be kept dark, meaning virtually no lighting-related electric costs are incurred. Such retrofits can qualify for EPAct 179D deductions.

Another category of commercial buildings is hospitals. For the first time effective January 1, 2023, all hospitals can generate 179D tax benefits. For-profit hospitals and government hospitals (for designers) have also been eligible for 179D tax benefits.  Now, the largest hospital category, tax-exempt hospitals, can generate 179D designer benefits.

With the passage of the Inflation Reduction Act, companies are now positioned to monetize the 179D deduction in a greater capacity than ever before. The increased deduction levels lead to a quicker payback and improved return-on-investment (ROI) for distribution center owners who are considering installing energy efficient equipment. For designers, the deduction can now be used on energy efficient designs for non-profit, instrumentality, and Tribal government buildings. The increase in potential tax savings allows companies to fuel further energy efficient upgrades and improvements.

Read the full article in FacilitiesNet.com here.

 

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US DOE Releases Industrial Sector Decarbonization Agenda

The U.S. Department of Energy (DOE) released its “Industrial Decarbonization Roadmap” a comprehensive report identifying four key pathways to reduce industrial emissions in American manufacturing, on September 7, 2022.

The U.S. Department of Energy (DOE) released its “Industrial Decarbonization Roadmap” a comprehensive report identifying four key pathways to reduce industrial emissions in American manufacturing, on September 7th. The roadmap emphasizes the urgency of dramatically cutting carbon emissions and pollution from the industrial sector and presents a staged research, development, and demonstration (RD&D) agenda for industry and government. DOE also announced a $104 million funding opportunity to advance industrial decarbonization technologies. These announcements are in addition to the Bipartisan Infrastructure Law ($62 billion) and the Inflation Reduction Act ($10 billion for clean energy manufacturing tax credits and $5.8 billion for industrial facilities). It also seeks to increase the protection of fenceline communities with new monitoring and screening near industrial facilities.

The industrial sector is among the most difficult to decarbonize. In 2021, the industrial sector accounted for one-third of all domestic greenhouse gas emissions, more than the annual emissions of 631 million gasoline-fueled passenger vehicles. DOE’s Industrial Decarbonization Roadmap focuses on five energy-intensive sectors where industrial decarbonization efforts can have the greatest impact. The roadmap outlines a plan with four pathways to reduce emissions across these sectors. These key sectors, iron and steel; cement and concrete; food and beverage; chemical manufacturing; and petroleum refining account for over 50% of the energy-related CO2 emissions in the industrial sector. The four pathways include:

  • Energy efficiency: The most cost-effective option for near-term reductions of greenhouse gas emissions includes smart manufacturing and advanced data analytics to increase energy productivity in manufacturing processes.
  • Industrial electrification: Leveraging advancements in low-carbon electricity from both grid and onsite renewable generation sources will be critical to decarbonization efforts. Examples include electrification of process heat using induction or heat pumps.
  • Low carbon fuels, feedstocks, and energy sources (LCFFES): LCFFES efforts involve substituting low-and no-carbon fuel and feedstocks, including using green hydrogen, biofuels, and bio feedstocks.
  • Carbon capture, utilization, and storage (CCUS): CCUS decarbonization efforts include permanent geologic storage as well as developing processes to use captured CO2 to manufacture new materials.Energy efficiency: The most cost-effective option for near-term reductions of greenhouse gas emission includes smart manufacturing and advanced data analytics to increase energy productivity in manufacturing processes.

The roadmap also provides recommendations for RD&D investment opportunities and near- and long-term actions the industry and the government can take to achieve deep decarbonization, including:

  • Advance early-stage RD&D: Further applied science necessary for net-zero carbon emissions by 2050.
  • Invest in multiple process strategies: Continue parallel pathways of electrification, efficiency, low carbon fuels, CCUS, and alternative approaches.
  • Scale through demonstrations: Support demonstration testbeds to accelerate and de-risk deployment.
  • Address process heating: Most industrial emissions come from fuel combustion for heat.
  • Integrate solutions: Focus on systems impact of carbon reduction technologies on the supply chain.
  • Conduct modeling/systems analyses: Expand the use of lifecycles and techno-economic analyses.

Concept papers are due by 5:00pm ET on October 12, 2022; full applications are due December 20, 2022, by 5:00pm ET. To apply to this FOA, applicants must register with and submit application materials through EERE Exchange.

The full DOE roadmap can be read here.

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