§3404.__Implementation

On or after January 1, 2005, no covered product may be sold or offered for sale in the State unless the efficiency of the product meets or exceeds the energy efficiency standards set forth in the rules adopted pursuant to section 3403.__On or after January 1, 2006, no covered product may be installed in the State unless the energy efficiency of the new product meets or exceeds the energy efficiency standards set forth in the rules adopted pursuant to section 3403.

§3405.__New and revised standards

The commission may by rule establish higher than the minimum energy efficiency standards for covered products and may establish standards for products not specifically listed in section 3402.__The commission shall consult with the Energy Resources Council before revising any energy efficiency standard or establishing any new standards for other products.__ The commission may revise a standard or add a new standard for other products upon determination that the standard would serve to promote energy conservation in the State and would be cost-effective for consumers who purchase and use such products.__A new or increased energy efficiency standard adopted by the commission may not take effect less than one year following the adoption of the rule establishing the new or increased energy efficiency standard.__The commission may apply for a waiver of federal preemption in accordance with federal procedures under 42 United States Code, Section 6297(d) for those products regulated by the Federal Government.

§3406.__Testing, certification, labeling and enforcement

1.__Testing.__The commission, in consultation with the Energy Resources Council, shall adopt procedures for testing the energy efficiency of covered products.__The commission shall use United States Department of Energy approved test methods or, in the absence of such test methods, other appropriate nationally recognized test methods.__The manufacturers of such products shall cause samples of the products to be tested in accordance with the test procedures adopted pursuant to this subsection.

2.__Certification.__Manufacturers of covered products shall certify to the commission that such products are in compliance with the provisions of this chapter.__The commission shall adopt rules governing the certification of such products and may work