Certification

(1) No new appliance or lamp covered by M.G.L. c. 25B, § 3 may be sold, offered for sale or installed in Massachusetts after the dates designated for the respective products in M.G.L. c. 25B, § 5 which is not certified pursuant to 225 CMR 9.04(2). The manufacturer shall submit to the Commissioner or to another state or third-party as designated by the Commissioner in guidelines a certification statement listing all new appliance models and lamps covered by 225 CMR 9.00. The certification statement requirements shall be set forth in the guidelines. (3) In accordance with M.G.L. c. 25B, § 9, the commissioner, in consultation with the attorney general, shall determine if implementation of state standards for residential furnaces or boilers requires a waiver from federal preemption, and shall apply for such waivers if necessary. If the commissioner determines that a waiver from federal preemption is necessary for a residential furnaces or boiler standards established by 225 CMR 9.03, the state standard shall go into effect at the earliest date permitted by federal law. If the commissioner determines that a waiver from federal preemption is not needed for residential furnaces or boilers, then such state standards shall go into effect on June 1, 2008. (4) One year after the date upon which the sale or offering for sale of certain products is limited pursuant to the preceding clauses of 225 CMR 9.04, no new products may be installed for compensation in the state, unless the efficiency of the new product meets or exceeds the efficiency standards set forth in 225 CMR 9.03 adopted pursuant to M.G.L. c. 25B, § 5. (5) The commissioner may test products covered by M.G.L. c. 25B, § 3. If products so tested are found not to be in compliance with the minimum efficiency standards established under M.G.L. c. 25B, § 5, the commissioner shall: 225 CMR - 88.4 (a) charge the manufacturer of such product for the cost of product purchase and testing; and (b) provide information to the public on products found not to be in compliance with standards. (6) When adopting test procedures for determining energy efficiency, the Commissioner may consult with other appropriate department heads and may adopt updated test methods when new versions of test procedures become available.