BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                               DEBRA BOWEN, CHAIRWOMAN
          

          AB 1561 - Kelley                             Hearing Date:  June  
          11, 2002                        A
          As Amended:         April 11, 2002      FISCAL             B

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                                      DESCRIPTION
           
           Current state law  requires the California Energy Commission  
          (CEC) to establish minimum levels of operating efficiency for  
          appliances in order to reduce the wasteful consumption of  
          energy.  All appliances are required to be labeled with the  
          amount of energy they consume and no appliance can be sold  
          unless it complies with the standards.

           Current federal regulations  set energy efficiency standards for  
          residential washing machines which will take effect on January  
          1, 2004, with a higher standard taking effect on January 1,  
          2007.  There are no federal regulations relative to water usage  
          in clothes washers.

           This bill  requires the CEC to establish by January 1, 2004 a 9.5  
          water efficiency factor for residential clothes washers  
          manufactured after January 1, 2007.  

           This bill  requires the CEC to petition the federal Department of  
          Energy  (DOE) by April 1, 2003 for an exemption from any  
          relevant federal regulations governing energy efficiency  
          standards.  

           This bill  requires the CEC to report its progress to the  
          Legislature by January 1, 2004.

                                      BACKGROUND
           
          The DOE revised its 10-year-old standards for washing machines  
          last year.  The new, higher standards take effect on January 1,  











          2004, and an even higher set of standards will take effect on  
          January 1, 2007.  The 2004 standards require washing machines to  
          be 22% more energy efficient that the current minimum, while the  
          2007 standards require machines to be 35% more efficient.  These  
          standards will result in significant conservation of energy, are  
          technologically feasible, and economically justified, according  
          to DOE.  The DOE has not set water efficiency standards.

          DOE's analysis of the standard notes that a typical clothes  
          washer has a price of $421 and costs $115/year in energy and  
          water bills.  To meet the 2004 standard, DOE estimates the price  
          of the washer will rise 12.6% to $474 with operating costs  
          decreasing by $15/year (13% annually).  To meet the 2007  
          standard, DOE estimates the price of the washer rises to $670  
          (59% above existing capital cost) with operating costs  
          decreasing by $48/year (41.7% annually).  DOE estimates that 90%  
          of all consumers purchasing a new washer will save money over  
          the life of the machine as a result of the 2004 standards, with  
          81% saving money with the 2007 standards.

          Water efficiency is measured by the Water Factor (WF), which is  
          the number of gallons of water necessary to complete a single  
          cubic foot of laundry.  The lower the WF, the more water  
          efficient the machine is.  According to the Consortium for  
          Energy Efficiency (CEE), a non-profit public benefit corporation  
          promoting the use of energy efficient products and services  
          whose members include electric, gas and water utilities and  
          state energy offices, the average WF for washers sold in 1994 is  
          13.3 (i.e. 13.3 gallons of water are needed for each cubic foot  
          of laundry).  This bill requires the CEC to establish a WF of  
          9.5. 

          Energy efficiency standards are established at the federal  
          level.  The state may act where the federal government has not  
          acted or, if the federal government has acted, where a waiver is  
          granted.  Since the federal government views water efficiency as  
          a component of energy efficiency, California would need a wavier  
          from the federal standards in order to set water efficiency  
          standards for residential washing machines. 

          The CEC has established a water efficiency standard for  
           commercial  washing machines with a WF of 9.5 that will take  
          effect on January 1, 2007.  Since the federal government doesn't  
          set energy efficiency standards for commercial machines, the CEC  










          didn't need a waiver in order to set a water efficiency standard  
          for these machines.

                                       COMMENTS

          1.Energy Standard vs. Water Standard  .  While it would seem  
            logical that increasing the energy efficiency of a clothes  
            washing machine would also increase the water efficiency of  
            the machine, that isn't always the case.  It's possible, for  
            example, to meet the energy efficiency standards by using  
            water inefficiently (e.g. using more cold water to rinse  
            clothes rather than less hot water).  Supporters of this  
            measure note that given the state's water supply problems, and  
            that clothes washers are the second largest indoor residential  
            water use (behind toilets), water efficiency standards should  
            be imposed.

           2.Why Is 9.5 the Right Number - Or Is It?   The bill places the  
            9.5 WF standard in statute based on the work of the CEE, of  
            which the CEC is a member.  Given the inflexibility of  
            statutes,  the author and committee may wish to consider   
            whether it would be more appropriate for the bill to simply  
            direct the CEC to establish a water efficiency standard for  
            residential washing machines that is  at least  as efficient as  
            the standard for commercial washing machines, which is  
            currently 9.5.

           3.Impact on Cost of Washing Machines  .  The question of whether a  
            9.5 WF requirement - or any requirement imposed by the CEC if  
            the above amendment is placed into the bill - will raise the  
            cost of washing machines is partially answered by looking at  
            the roster of washing machines that meet the 2007 standards  
            for energy.  





















            Of the 77 models of washers which currently meet the 2007  
            energy efficiency standards, 66 also have a WF of 9.5 or  
            better.  A search of the manufacturers' websites shows the  
            suggested retail price for some of those machines.  While some  
            are very expensive, the least expensive are in the $750 range.  
             This is comparable to the price of washers which meet the  
            2007 energy efficiency standard but have a WF worse than 9.5.   
            While meeting the 2007 energy efficiency standard may increase  
            the cost of washers initially, meeting the 9.5 WF in addition  
            to meeting the 2007 energy efficiency standard doesn't  
            necessarily add a significant new cost.  The $750 cost is also  
            relatively close to the $670 DOE estimate for washers meeting  
            just the 2007 energy standard.  Over time, as production  
            economies and manufacturing efficiencies are realized, it's  
            likely the $750 price tag will decline.

            4. Timing Is Everything  .  The bill requires the CEC to petition  
             the DOE for a waiver no later than 2003 and to amend their  
             regulations by 2004.  This order of events may be backwards  
             as the DOE will likely want to evaluate the CEC's proposed  
             regulation before it elects to grant the waiver.   The author  
             and committee may wish to consider  amending the bill to  
             require the CEC to set the standard first and then petition  
             the DOE for a waiver in order to implement it.

            5. The Old "Stakeholder Consensus."   The DOE's energy  
             efficiency standards were based on an agreement by a number  
             of stakeholders, including appliance manufacturers,  
             environmental groups, Pacific Gas & Electric, and the CEC.   
             The voluntary consensus calls for the parties to jointly  
             advocate for an investment tax credit and for the industry to  
             "voluntarily report" water factors for their washers.   
             Signatories to the agreement don't include the water  
             districts which are sponsoring and supporting this bill.

            6. Technically Speaking  .  On Page 7, Line 15, the words  
             "manufactured or" should be deleted.
           
                                   ASSEMBLY VOTES
           
          Assembly Floor                     (75-0)*
          Assembly Appropriations Committee  (21-0)*
          Assembly Water, Parks and Wildlife Committee                    
          (13-0)*











          *Votes reflect a previous, unrelated version of the bill

                                       POSITIONS
           
           Sponsor:
           
          San Diego County Water Authority

           Support:
           
          Central Basin Municipal Water District
          East Bay Municipal Utility District
          Mono Lake Committee
          North of the River Municipal Water District
          Pacific Gas and Electric Company
          Pacific Institute for Studies in Development, Environment and  
          Security
          Sacramento Municipal Utility District
          San Diego Regional Chamber of Commerce
          Southern California Water Committee
          West Basin Municipal Water District
           
          Oppose:
           
          Alliance Laundry Systems
          Association of Home Appliance Manufacturers
          GE Appliances
          Maytag Corporation
          Whirlpool Corporation




































          Randy Chinn 
          AB 1561 Analysis
          Hearing Date:  June 11, 2002