| Sec. 4. Review of federal law. No later than June 1, 2006, the Public |
| Utilities Commission, in consultation with the Attorney General, |
| shall determine whether implementation of state standards for |
| residential boilers, furnaces or furnace air handlers requires a |
| waiver from federal preemption. If the Public Utilities |
| Commission determines that such a waiver is not needed, the |
| commission shall submit emergency legislation to the Second |
| Regular Session of the 122nd Legislature to implement minimum |
| energy efficiency standards for residential boilers, furnaces or |
| furnace air handlers to take effect on June 1, 2008. If the |
| commission determines that a waiver from federal preemption is |
| required for residential boilers, furnaces or furnace air |
| handlers, the commission shall apply for any necessary waiver and |
| submit legislation to implement minimum energy efficiency |
| standards for residential boilers, furnaces or furnace air |
| handlers to take effect at the earliest date permitted by federal |
| law. |