First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0016.01 Richard Sweetman x4333
HOUSE BILL 23-1161
House Committees Senate Committees
Energy & Environment Transportation & Energy
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING ENVIRONMENTAL STANDARDS FOR CERTAIN
PRODUCTS,101
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Current law establishes water and energy efficiency standards
(standards) for certain appliances and fixtures sold in Colorado. Sections
1 through 7 of the bill expand the appliances and fixtures that are subject
to the standards and update the standards.
Specifically, section 4 updates standards for certain appliances and
fixtures that are sold in Colorado on and after certain dates, including:
SENATE
3rd Reading Unamended
May 1, 2023
SENATE
2nd Reading Unamended
April 28, 2023
HOUSE
3rd Reading Unamended
April 15, 2023
HOUSE
Amended 2nd Reading
April 14, 2023
HOUSE SPONSORSHIP
Kipp and Willford, Amabile, Bacon, Bird, Boesenecker, Brown, deGruy Kennedy,
Dickson, Epps, Froelich, Garcia, Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Joseph,
Lindsay, Lindstedt, Mabrey, McCormick, Michaelson Jenet, Sirota, Story, Titone, Valdez,
Velasco, Vigil, Weinberg, Weissman
SENATE SPONSORSHIP
Cutter and Winter F., Priola, Buckner, Fenberg, Fields, Gonzales, Hansen, Jaquez Lewis,
Moreno
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. ! Certain faucets and urinals;
! Certain lamps;
! Commercial hot food holding cabinets;
! Portable electric spas;
! Residential ventilating fans; and
! Spray sprinkler bodies.
Section 4 also creates new standards for certain appliances and
other fixtures that are sold in Colorado on and after January 1, 2024,
including:
! Air purifiers;
! Commercial ovens;
! Electric storage water heaters;
! Electric vehicle supply equipment;
! Gas fireplaces;
! Irrigation controllers;
! Tub spout diverters and showerhead tub spout diverter
combinations; and
! Certain residential windows, residential doors, and
residential skylights.
Section 4 also removes standards for air compressors, general
service lamps, and uninterruptible power supplies.
Section 5 requires the executive director of the department of
public health and environment (executive director) to promulgate rules on
or before January 1, 2026, and every 5 years thereafter:
! Adopting a more recent version of any standard; and
! Establishing standards for appliances and other devices that
are not subject to the standards if certain conditions are
met.
Section 6 exempts manufacturers of products subject to the
standards from having to demonstrate that a product complies with the
law if the product appears in the state appliance standards database
maintained by the Northeast Energy Efficiency Partnerships, or a
successor organization. Section 6 also requires the executive director to
conduct periodic, unannounced inspections of major distributors or
retailers, including online retailers, of new products in order to determine
compliance with the standards.
Under current law, any person who sells or offers to sell in the
state any new consumer product that is required to meet an efficiency
standard but that the person knows does not meet that standard is subject
to a civil penalty of not more than $2,000 for each violation, which
amount is credited to the general fund. Section 7 credits any penalties
imposed to the energy fund created in the Colorado energy office rather
than to the general fund and specifies that each transaction or online
for-sale product listing constitutes a separate violation.
Section 8 establishes the "Clean Lighting Act" to phase out the
1161
-2- sale of general-purpose fluorescent light bulbs that contain mercury. With
certain exceptions:
! On and after January 1, 2024, a person shall not
manufacture, distribute, sell, or offer for sale in Colorado
any new compact fluorescent lamp with a screw- or
bayonet-type base; and
! On and after January 1, 2025, a person shall not
manufacture, distribute, sell, or offer for sale in Colorado
any linear fluorescent lamp or any compact fluorescent
lamp with a pin-type base.
Section 9 establishes standards for heating and water heating
appliances. With certain exceptions, on and after January 1, 2025, a
person shall not manufacture, distribute, sell, offer for sale, lease, or offer
for lease in Colorado any new water heater, boiler, or fan-type central
furnace unless the emissions of the product do not exceed certain limits
on emissions. On or before January 1, 2029, the air quality control
commission in the department of public health and environment must
promulgate rules lowering the emission limits. Section 9 also requires
manufacturers to use certain testing protocols, display certain information
on each product, and demonstrate compliance through one of various
described means.
Sections 8 and 9 both require the executive director to conduct
periodic, unannounced inspections of major distributors or retailers,
including online retailers, of new products to determine compliance and
to report violations to the attorney general. If the attorney general has
probable cause to believe that a violation occurred, the attorney general
may bring a civil action on behalf of the state to seek the imposition of
civil penalties, and any civil penalties are to be deposited in the energy
fund.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 6-7.5-102 as2
follows: 3
6-7.5-102. Definitions. As used in this article 7.5, unless the4
context otherwise requires
AND EXCEPT AS DETERMINED BY RULE5
PURSUANT TO SECTION 6-7.5-106 (1):6
(1) "Air compressor" means a compressor that:
7
(a) Is designed to compress air;8
1161-3- (b) Has an inlet that is open to the atmosphere or other source of1
air; and2
(c) Consists of a compression element, also known as a bare3
compressor; one or more drivers; mechanical equipment to drive the4
compression element; and any ancillary equipment "AIR PURIFIER" OR5
"
ROOM AIR CLEANER" MEANS AN ELECTRIC, CORD-CONNECTED, PORTABLE6
APPLIANCE THAT HAS THE PRIMARY FUNCTION OF REMOVING PARTICULATE7
MATTER FROM THE AIR.8 (2) "AHRI 1430" MEANS THE AIR-CONDITIONING, HEATING, AND9
REFRIGERATION INSTITUTE STANDARD FOR DEMAND FLEXIBLE ELECTRIC10
STORAGE WATER HEATERS .11
(2) (3) "ANSI" means the American National Standards Institute12
or its successor organization.13
(4) "ANSI/APSP/ICC-14" MEANS THE ANSI STANDARD FOR14
PORTABLE ELECTRIC SPA ENERGY EFFICIENCY .15
(5) "ANSI C78.81" MEANS THE ANSI STANDARD FOR "ELECTRIC16
L
AMPS - DOUBLE-CAPPED FLUORESCENT LAMPS - DIMENSIONAL AND17
E
LECTRICAL CHARACTERISTICS".18
(6) "ANSI C78.901" MEANS THE ANSI STANDARD FOR "ELECTRIC19
L
AMPS - SINGLE-BASED FLUORESCENT LAMPS - DIMENSIONAL AND20
E
LECTRICAL CHARACTERISTICS".21
(3)
(7) "ANSI C79.1" means the ANSI standard for "Electric22
Lamps - Nomenclature for Glass Bulbs Intended for Use with Electric23
Lamps". approved September 16, 2002.24
(4) (8) "APSP" means the Association of Pool and Spa25
Professionals or its successor organization.26
(5) (9) "CCR" means the California code of regulations, as27
1161
-4- amended.1
(10) "C
HECK VALVE" MEANS A COMPONENT THAT IS INTERNAL TO2
A SPRAY SPRINKLER BODY AND PREVENTS SYSTEM DRAINAGE DURING3
PERIODS OF NONOPERATION.4
(6) "Cold-only unit" means a water cooler that dispenses cold
5
water only.6
(11) "C
OLD-TEMPERATURE FLUORESCENT LAMP " MEANS A7
FLUORESCENT LAMP THAT:8
(a) I
S NOT A COMPACT FLUORESCENT LAMP ;9
(b) I
S SPECIFICALLY DESIGNED TO START AT A TEMPERATURE OF10
TWENTY DEGREES BELOW ZERO FAHRENHEIT WHEN USED WITH A BALLAST11
CONFORMING TO THE REQUIREMENTS OF ANSI C78.81 AND ANSI12
C78.901;
AND13
(c) I
S EXPRESSLY DESIGNATED AS A COLD -TEMPERATURE LAMP14
BOTH IN MARKINGS ON THE LAMP AND IN MARKETING MATERIALS SUCH AS15
CATALOGS, SALES LITERATURE, AND PROMOTIONAL MATERIAL .16
(7)
(12) "Commercial dishwasher" means a machine designed to17
clean and sanitize plates, pots, pans, glasses, cups, bowls, utensils, and18
trays by applying sprays of detergent solution, with or without blasting19
media granules, and a sanitizing rinse.20
(8) (13) "Commercial fryer" means an appliance, including a21
cooking vessel, in which:22
(a) Oil is placed to such a depth that the food to be cooked is23
essentially supported by displacement of the cooking fluid rather than by24
the bottom of the vessel; and25
(b) Heat is delivered to the cooking fluid by means of either:26
(I) An immersed electric element or band-wrapped vessel; or27
1161
-5- (II) Heat transfer from gas burners through either the walls of the1
vessel or tubes passing through the cooking fluid.2
(9) (14) "Commercial hot food holding cabinet" means a heated,3
fully enclosed compartment with one or more solid or transparent doors4
designed to maintain the temperature of hot food that has been cooked5
using a separate appliance. "Commercial hot food holding cabinet" does6
not include heated glass merchandising cabinets, drawer warmers, or7
cook and hold appliances.8
(15) "C
OMMERCIAL OVEN" MEANS A CHAMBER DESIGNED FOR9
HEATING, ROASTING, OR BAKING FOOD BY CONDUCTION , CONVECTION,10
RADIATION, OR ELECTROMAGNETIC ENERGY .11
(10)
(16) "Commercial steam cooker" means a device with one or12
more food-steaming compartments in which thermal energy is transferred13
from the steam to the food by direct contact. "Commercial steam cooker"14
includes countertop models, wall-mounted models, and floor models15
mounted on a stand, pedestal, or cabinet-style base.16
(17) "C
OMPACT FLUORESCENT LAMP " MEANS A FLUORESCENT17
LAMP THAT INCLUDES:18
(a) A
TUBE THAT IS CURVED OR FOLDED TO FIT THE SIZE OF A19
TRADITIONAL HOUSEHOLD LIGHT BULB ; AND20
(b) A
COMPACT ELECTRONIC BALLAST IN THE BASE OF THE LAMP .21
(11)
(18) "Compensation" means money or any other thing of22
value, regardless of form, received or to be received by a person for23
goods or services rendered.24
(12) "Compressor" means a machine or apparatus that converts25
different types of energy into the potential energy of gas pressure for26
displacement and compression of gaseous media to any higher pressure27
1161
-6- values above atmospheric pressure and has a pressure ratio at full-load1
operating pressure greater than 1.3 atmospheres.2
(13) (19) "Computer" and "computer monitor" have the meanings3
set forth in 20 CCR sec. 1602 (v).4
(14) "Cook and cold unit" means a water cooler that dispenses5
both cold and room-temperature water.6
(20) "CTA"
MEANS THE CONSUMER TECHNOLOGY ASSOCIATION,7
OR A SUCCESSOR ORGANIZATION .8
(21) "D
ECORATIVE GAS FIREPLACE" MEANS A VENTED FIREPLACE,9
INCLUDING A UNIT THAT IS FREESTANDING , RECESSED, OR ZERO10
CLEARANCE, OR A GAS FIREPLACE INSERT THAT IS:11
(a) F
UELED BY NATURAL GAS OR PROPANE ;12
(b) M
ARKED OR INTENDED FOR DECORATIVE USE ONLY ; AND13
(c) N
OT EQUIPPED WITH A THERMOSTAT OR INTENDED FOR USE AS14
A HEATER.15
(22) "E
LECTRIC STORAGE WATER HEATER " MEANS A CONSUMER16
PRODUCT THAT:17
(a) U
SES ELECTRICITY TO HEAT DOMESTIC POTABLE WATER ;18
(b) H
AS A NAMEPLATE INPUT RATING OF TWELVE KILOWATTS OR19
LESS;20
(c) H
AS A RATED HOT WATER STORAGE CAPACITY BETWEEN FORTY21
AND ONE HUNDRED TWENTY GALLONS ; AND22
(d) D
ELIVERS HOT WATER AT A MAXIMUM TEMPERATURE OF LESS23
THAN ONE HUNDRED EIGHTY DEGREES FAHRENHEIT.24
(23) (a) "E
LECTRIC VEHICLE SUPPLY EQUIPMENT " MEANS25
CONDUCTORS , INCLUDING UNGROUNDED , GROUNDED , AND26
EQUIPMENT-GROUNDING CONDUCTORS ; ELECTRIC VEHICLE CONNECTORS;27
1161
-7- ATTACHMENT PLUGS ; AND ALL OTHER FITTINGS , DEVICES, POWER1
OUTLETS, OR APPARATUSES INSTALLED SPECIFICALLY FOR THE PURPOSE OF2
DELIVERING ENERGY FROM THE WIRING OF A PREMISES TO AN ELECTRIC3
VEHICLE.4
(b) "E
LECTRIC VEHICLE SUPPLY EQUIPMENT " DOES NOT INCLUDE5
A CONDUCTOR, CONNECTOR, OR FITTING THAT IS PART OF A VEHICLE.6
(15)
(24) "Energy Star program" means the federal program7
authorized by 42 U.S.C. sec. 6294a, as amended.8
(16) (25) "Executive director" means the executive director of the9
department of public health and environment or the executive director's10
designee.11
(17) (26) "Faucet" means:12
(a) A
PUBLIC OR PRIVATE lavatory faucet, RESIDENTIAL kitchen13
faucet,
OR metering faucet; or public lavatory faucet; and
OR14
(b) A replacement aerator for a
PUBLIC OR PRIVATE lavatory faucet15
public lavatory faucet,
or RESIDENTIAL kitchen faucet.16
(18) (27) "Flushometer-valve water closet" means a type of17
commercial toilet that uses a valve for flushing by operation of a handle18
that discharges a definite quantity of water under pressure directly into the19
fixture.20
(28) "G
AS FIREPLACE" MEANS A DECORATIVE GAS FIREPLACE OR21
A HEATING GAS FIREPLACE.22
(29) "GAS LOG SET" MEANS A FIREPLACE PRODUCT DESIGNED TO23
BE USED AND INSTALLED IN A WORKING MASONRY OR FACTORY -BUILT24
WOOD-BURNING FIREPLACE AND VENTED THROUGH A CHIMNEY BY25
NATURAL DRAFTING OR POWER VENTING .26
(19) "General service lamp":27
1161
-8- (a) Means a lamp that:1
(I) Has a base that complies with ANSI standards;2
(II) Is able to operate at a voltage:3
(A) Of twelve or twenty-four volts;4
(B) At or between one hundred and one hundred thirty volts;5
(C) At or between two hundred twenty and two hundred forty6
volts; or7
(D) Of two hundred seventy-seven volts for integrated lamps or8
any voltage for nonintegrated lamps;9
(III) Has an initial lumen output greater than or equal to three10
hundred ten lumens, or two hundred thirty-two lumens for modified11
spectrum general service incandescent lamps, and less than or equal to12
three thousand three hundred lumens;13
(IV) Is not a light fixture or an LED downlight retrofit kit; and14
(V) Is used in general lighting applications;15
(b) Includes general service incandescent lamps, compact16
fluorescent lamps, general service LED lamps, and general service17
organic LED lamps;18
(c) Does not include:19
(I) Appliance lamps;20
(II) Black light lamps;21
(III) Bug lamps;22
(IV) Colored lamps;23
(V) G-shape lamps with a diameter of five inches or more as24
defined in ANSI C79.1-2002;25
(VI) General service fluorescent lamps;26
(VII) High-intensity discharge lamps;27
1161
-9- (VIII) Infrared lamps;1
(IX) J, JC, JCD, JCS, JCV, JCX, JD, JS, and JT-shape lamps that2
do not have Edison screw bases;3
(X) Lamps that have a wedge base or prefocus base;4
(XI) Left-hand thread lamps;5
(XII) Marine lamps;6
(XIII) Marine signal service lamps;7
(XIV) Mine service lamps;8
(XV) MR-shape lamps that:9
(A) Have a first number symbol equal to sixteen (diameter equal10
to two inches), as defined in ANSI C79.1-2002;11
(B) Operate at twelve volts; and12
(C) Have a lumen output greater than or equal to eight hundred;13
(XVI) Other fluorescent lamps not described in subsection (19)(b)14
of this section;15
(XVII) Plant light lamps;16
(XVIII) R20 short lamps;17
(XIX) Reflector lamps that have a first number symbol less than18
sixteen (diameter less than two inches) as defined in ANSI C79.1-200219
and that do not have E26/E24, E26d, E26/50x39, E26/53x39, E29/28,20
E29/53x39, E39, E39d, EP39, or EX39 bases;21
(XX) S-shape or G-shape lamps that have a first number symbol22
less than or equal to twelve and one-half (diameter less than or equal to23
1.5625 inches) as defined in ANSI C79.1-2002;24
(XXI) Sign service lamps;25
(XXII) Silver bowl lamps;26
(XXIII) Showcase lamps;27
1161
-10- (XXIV) Specialty MR lamps;1
(XXV) T-shape lamps that:2
(A) Have a first number symbol less than or equal to eight3
(diameter less than or equal to one inch), as defined in ANSI C79.1-2002;4
(B) Have a nominal overall length less than twelve inches; and5
(C) Are not compact fluorescent lamps; or6
(XXVI) Traffic signal lamps.7
(20) (30) "GPM" means gallons per minute.8
(31) "HANDHELD SHOWERHEAD " MEANS A SHOWERHEAD THAT IS9
CONNECTED TO A FLEXIBLE HOSE AND CAN BE HELD OR FIXED IN PLACE10
FOR THE PURPOSE OF SPRAYING WATER ON A BATHER .11
(32) "HEATING GAS FIREPLACE" MEANS A VENTED FIREPLACE ,12
INCLUDING A UNIT THAT IS FREESTANDING , RECESSED, OR ZERO13
CLEARANCE OR A FIREPLACE INSERT, THAT IS:14
(a) F
UELED BY NATURAL GAS OR PROPANE ; AND15
(b) N
OT A DECORATIVE GAS FIREPLACE.16
(21)
(33) "High color rendering index (CRI) CRI fluorescent17
lamp" means a fluorescent lamp with a CRI COLOR RENDERING INDEX of18
eighty-seven or greater that is not a compact fluorescent lamp.19
(22) "Hot and cold unit" means a water cooler that dispenses both20
hot and cold water. It may also dispense room-temperature water.21
(23) (34) "ICC" means the International Code Council or its22
successor organization.23
(35) "IMPACT-RESISTANT FLUORESCENT LAMP " MEANS A24
FLUORESCENT LAMP THAT:25
(a) I
S NOT A COMPACT FLUORESCENT LAMP ;26
(b) H
AS A COATING OR EQUIVALENT TECHNOLOGY THAT IS27
1161
-11- COMPLIANT WITH NSF/ANSI 51 AND IS DESIGNED TO CONTAIN THE GLASS1
IF THE GLASS ENVELOPE OF THE LAMP IS BROKEN ; AND2
(c) I
S DESIGNATED AND MARKETED FOR THE INTENDED3
APPLICATION, WITH:4
(I) T
HE DESIGNATION APPEARING ON THE LAMP PACKAGING ; AND5
(II) M
ARKETING MATERIALS THAT IDENTIFY THE LAMP AS BEING6
IMPACT-RESISTANT, SHATTER-RESISTANT, SHATTERPROOF , OR7
SHATTER-PROTECTED.8
(36) "INDUSTRIAL AIR PURIFIER" MEANS AN INDOOR AIR CLEANING9
DEVICE THAT IS:10
(a) M
ANUFACTURED, ADVERTISED, MARKETED, LABELED, AND11
USED SOLELY FOR INDUSTRIAL PURPOSES ;12
(b) M
ARKETED SOLELY THROUGH INDUSTRIAL SUPPLY OUTLETS OR13
BUSINESSES; AND14
(c) P
ROMINENTLY LABELED AS "SOLELY FOR INDUSTRIAL USE.15
P
OTENTIAL HEALTH HAZARD : EMITS OZONE."16
(37) "INLINE RESIDENTIAL VENTILATING FAN " MEANS A17
VENTILATING FAN THAT IS LOCATED WITHIN THE STRUCTURE OF A18
BUILDING AND REQUIRES DUCTWORK ON BOTH THE INLET AND THE19
OUTLET.20
(38) "IRRIGATION CONTROLLER" MEANS A STANDALONE21
CONTROLLER, AN ADD-ON DEVICE, OR A PLUG-IN DEVICE THAT IS USED TO22
OPERATE AN AUTOMATIC IRRIGATION SYSTEM SUCH AS A LAWN SPRINKLER23
OR DRIP IRRIGATION SYSTEM DESIGNED AND INTENDED FOR24
NONAGRICULTURAL PURPOSES . "IRRIGATION CONTROLLER" INCLUDES:25
(a) A SOIL MOISTURE-BASED IRRIGATION CONTROLLER THAT26
INHIBITS OR ALLOWS AN IRRIGATION EVENT BASED ON A READING FROM A27
1161
-12- SOIL MOISTURE SENSOR MECHANISM ; AND1
(b) A WEATHER-BASED IRRIGATION CONTROLLER THAT USES2
CURRENT WEATHER DATA AS A BASIS FOR SCHEDULING IRRIGATION .3
(24) (39) (a) "Lamp" means a device that emits light and is used4
to illuminate an indoor or outdoor space.5
(b) "Lamp" does not include a heat lamp.6
(25) (40) "LED" means light-emitting diode.7
(26) "Low-efficiency plumbing fixture" means any of the8
following plumbing fixtures or fittings that is not a WaterSense-listed9
plumbing fixture:10
(a) A lavatory faucet;11
(b) A shower head;12
(c) A flushing urinal;13
(d) A flushometer-valve water closet; or14
(e) A tank-type toilet or tank-type water closet.15
(27) (41) "Metering faucet" means a fitting that, when turned on,16
will gradually shut off the flow of water over a period of several seconds17
SELF-CLOSING FAUCET THAT DISPENSES A SPECIFIC VOLUME OF WATER FOR18
EACH ACTUATION CYCLE AND FOR WHICH THE VOLUME OR CYCLE19
DURATION MAY BE FIXED OR ADJUSTABLE .20
(28) "NEMA" means the National Electrical Manufacturers21
Association or its successor organization.22
(42) "NSF" MEANS NSF INTERNATIONAL, FORMERLY KNOWN AS23
THE NATIONAL SANITATION FOUNDATION.24
(43) "NSF/ANSI 51" MEANS THE NSF/ANSI 51 STANDARD FOR25
FOOD EQUIPMENT MATERIALS .26
(44) "PLUMBING FIXTURE" MEANS AN EXCHANGEABLE DEVICE27
1161
-13- THAT CONNECTS TO A PLUMBING SYSTEM TO DELIVER WATER OR DRAIN1
WATER AND WASTE.2
(29) (45) "Portable air conditioner" means a portable encased3
assembly, other than a packaged terminal air conditioner, ductless4
portable air conditioner, room air conditioner, or dehumidifier, that:5
(a) Delivers cooled, conditioned air to an enclosed space;6
(b) Is powered by single-phase electric current;7
(c) Includes a source of refrigeration;8
(d) May be a single-duct or dual-duct portable air conditioner; and9
(e) May include additional means for air circulation and heating.10
(30) (46) "Portable electric spa" means a factory-built electric spa11
or hot tub It THAT may or may not include any combination of integral12
controls, water heating, and water circulating equipment.13
(31) (47) "Pressure regulator" means a device that maintains14
constant operating pressure immediately downstream from a spray15
sprinkler body, given higher pressure upstream of the device.16
(48) "PRIVATE LAVATORY FAUCET" MEANS A BATHROOM FAUCET17
THAT, AS INSTALLED, IS NOT IN A LOCATION THAT IS AVAILABLE TO THE18
PUBLIC, INCLUDING A LAVATORY FAUCET IN A PRIVATE RESIDENCE .19
(49) "PROGRAMMABLE THERMOSTAT " MEANS A THERMOSTAT20
THAT:21
(a) C
ONTROLS A PRIMARY HEATING OR COOLING SYSTEM ON A22
DAILY SCHEDULE TO MAINTAIN DIFFERENT TEMPERATURES DURING23
CERTAIN TIMES OF DAY AND DAYS OF THE WEEK ; AND24
(b) H
AS THE CAPABILITY TO MAINTAIN ZONE TEMPERATURES25
BETWEEN FIFTY-FIVE DEGREES FAHRENHEIT AND EIGHTY-FIVE DEGREES26
F
AHRENHEIT.27
1161
-14- (32) (50) "PSI" means pounds per square inch.1
(33) (51) "Public lavatory faucet" means a fitting designed and2
marketed for installation in a nonresidential bathroom, which bathroom3
is exposed to walk-in traffic.4
(34) (52) "Replacement aerator" means an aerator sold as a5
replacement, separate from the faucet to which it is intended to be6
attached.7
(53) "RESIDENTIAL BUILDING" MEANS A STRUCTURE THAT IS USED8
PRIMARILY FOR LIVING AND SLEEPING AND THAT IS ZONED AS RESIDENTIAL9
OR OTHERWISE SUBJECT TO RESIDENTIAL BUILDING CODES . FOR THE10
PURPOSES OF RESIDENTIAL WINDOWS , DOORS, AND SKYLIGHTS ,11
"
RESIDENTIAL BUILDING" MEANS A BUILDING THAT IS THREE STORIES OR12
LESS IN HEIGHT.13 (54) "RESIDENTIAL DOOR" MEANS A SLIDING OR SWINGING ENTRY14
SYSTEM THAT IS INSTALLED OR DESIGNED FOR INSTALLATION IN A15
VERTICAL WALL SEPARATING CONDITIONED AND UNCONDITIONED SPACE16
IN A RESIDENTIAL BUILDING.17
(55) "RESIDENTIAL KITCHEN FAUCET " MEANS A FAUCET IN A18
KITCHEN OF A RESIDENTIAL BUILDING.19
(56) "RESIDENTIAL SKYLIGHT" MEANS A WINDOW THAT IS20
DESIGNED FOR SLOPED OR HORIZONTAL APPLICATION IN THE ROOF OF A21
RESIDENTIAL BUILDING, THE PRIMARY PURPOSE OF WHICH WINDOW IS TO22
PROVIDE DAYLIGHT OR VENTILATION. "RESIDENTIAL SKYLIGHT" INCLUDES23
A TUBULAR DAYLIGHTING DEVICE .24
(35) (57) "Residential ventilating fan" means an A25
CEILING-MOUNTED, A WALL-MOUNTED, OR AN inline RESIDENTIAL fan26
THAT IS designed to be used in a bathroom or A utility room and whose27
1161
-15- purpose is to move FOR THE PURPOSE OF MOVING air from inside the A1
RESIDENTIAL building to the outdoors. It may be ceiling-mounted,2
wall-mounted, or remotely mounted.3
(58) (a) "RESIDENTIAL WINDOW" MEANS AN ASSEMBLED UNIT4
THAT:5
(I) C
ONSISTS OF A FRAME THAT HOLDS ONE OR MORE PIECES OF6
GLASS OR OTHER GLAZING MATERIAL THAT ADMITS LIGHT OR AIR INTO AN7
ENCLOSURE; AND8
(II) I
S DESIGNED FOR INSTALLATION AT A SLOPE OF AT LEAST SIXTY9
DEGREES FROM HORIZONTAL IN AN EXTERNAL WALL OF A RESIDENTIAL10
BUILDING.11
(b) "R
ESIDENTIAL WINDOW" INCLUDES A TRANSOM WINDOW BUT12
DOES NOT INCLUDE A RESIDENTIAL SKYLIGHT .13
(59) "SHOWERHEAD" MEANS A DEVICE THROUGH WHICH WATER IS14
DISCHARGED FOR A SHOWER BATH . "SHOWERHEAD" INCLUDES A15
HANDHELD SHOWERHEAD BUT DOES NOT INCLUDE AN EMERGENCY16
SHOWERHEAD SUCH AS A SHOWERHEAD USED IN A LABORATORY OR17
INDUSTRIAL SETTING.18
(60) "SHOWERHEAD TUB SPOUT DIVERTER COMBINATION " MEANS19
A CONTROL VALVE, TUB SPOUT DIVERTER, AND SHOWERHEAD THAT ARE20
SOLD TOGETHER AS A MATCHED SET .21
(61) "SMART THERMOSTAT" MEANS A THERMOSTAT THAT :22
(a) IS ENABLED FOR WIRELESS CONNECTIVITY ;23
(b) ALLOWS THE USER TO CONTROL HOME HEATING AND COOLING24
TEMPERATURE SETTINGS FROM A COMPUTER OR FROM A PHONE, A TABLET,25
OR ANOTHER COMPUTER -ENABLED DEVICE; AND26
(c) CAN AUTOMATICALLY ADJUST HEATING AND COOLING27
1161
-16- TEMPERATURE SETTINGS BASED ON USER PREFERENCES , DAILY1
SCHEDULES, WEATHER CONDITIONS, OCCUPANCY, OR OPTIMAL ENERGY2
SAVINGS.3
(36) (62) "Spray sprinkler body" means the exterior case or shell4
of a sprinkler DESIGNED AND INTENDED FOR NONAGRICULTURAL USES,5
which case or shell:6
(a) Incorporates a means of connection to the piping system; and7
(b) Is designed to convey water to a nozzle or orifice.8
(63) "TUB SPOUT DIVERTER" MEANS A DEVICE THAT IS DESIGNED9
TO DIVERT THE FLOW OF WATER INTO A BATHTUB SO THE WATER10
DISCHARGES THROUGH A SHOWERHEAD .11
(64) "TUBULAR DAYLIGHTING DEVICE " MEANS A BUILDING12
COMPONENT THAT RECEIVES DAYLIGHT IN A ROOFTOP DOME AND13
TRANSFERS THE DAYLIGHT INDOORS THROUGH A HIGHLY REFLECTIVE14
TUBE.15
(37) "Uninterruptible power supply" means a power system for16
maintaining continuity of load power in case of input power failure. It17
may consist of a combination of one or more battery chargers, convertors,18
switches, and batteries or other energy storage devices.19
(65) "URINAL" MEANS A PLUMBING FIXTURE THAT RECEIVES20
LIQUID BODY WASTE AND CONVEYS THE WASTE THROUGH A TRAP SEAL21
INTO A GRAVITY DRAINAGE SYSTEM .22
(66) "WATER CLOSET" MEANS A PLUMBING FIXTURE THAT HAS A23
WATER-CONTAINING RECEPTOR THAT RECEIVES LIQUID AND SOLID BODY24
WASTE THROUGH AN EXPOSED INTEGRAL TRAP AND CONVEYS THE WASTE25
INTO A DRAINAGE SYSTEM. "WATER CLOSET" INCLUDES BOTH TANK-TYPE26
AND FLUSHOMETER-VALVE WATER CLOSETS.27
1161
-17- (38) (67) "Water cooler" means a freestanding device that1
consumes energy to cool or heat, or both cool and heat, potable water.2
"W
ATER COOLER" INCLUDES:3
(a) A
COLD-ONLY UNIT THAT DISPENSES ONLY COLD WATER ;4
(b) A
HOT-AND-COLD UNIT THAT DISPENSES BOTH HOT AND COLD5
WATER AND, IN SOME MODELS, ALSO ROOM TEMPERATURE WATER ;6
(c) A
COOK-AND-COLD UNIT THAT DISPENSES BOTH ROOM7
TEMPERATURE AND COLD WATER ;8
(d) A
STORAGE-TYPE UNIT THAT INSTANTANEOUSLY DELIVERS9
WATER FROM A STORAGE TANK WITHIN THE UNIT , INCLUDING10
POINT-OF-USE, DRY STORAGE COMPARTMENT , AND BOTTLED WATER11
COOLERS; AND12
(e) A
N ON-DEMAND UNIT THAT HEATS WATER AS IT IS REQUESTED ,13
TYPICALLY WITHIN A FEW MINUTES.14
(39)
(68) "WaterSense-listed plumbing fixture" means a plumbing15
fixture or plumbing fixture fitting that has been:16
(a) Tested by an accredited third-party certifying body or17
laboratory in accordance with the federal environmental protection18
agency's WaterSense program or a successor program;19
(b) Certified by the body or laboratory as meeting the performance20
and efficiency requirements of the WaterSense program; and21
(c) Authorized by the WaterSense program to use its label.22
(40) (69) "WaterSense program" means the federal program23
authorized by 42 U.S.C. sec. 6294b.24
25
SECTION 2. In Colorado Revised Statutes, repeal 6-7.5-103 as26
follows:27
1161
-18- 6-7.5-103. Low-efficiency plumbing fixtures. (1) (a) Effective1
September 1, 2019, a person shall not sell a new low-efficiency plumbing2
fixture, other than a flushometer-valve water closet, in Colorado.3
(b) Effective January 1, 2021, a person shall not sell a new4
low-efficiency flushometer-valve water closet in Colorado.5
(2) This section does not preempt any action of a municipality,6
county, or city and county that prescribes additional or more restrictive7
water conservation or energy efficiency requirements affecting the sale8
or use of plumbing fixtures, appliances, or other products if the9
requirements comply with the standard specified in subsection (1) of this10
section.11
SECTION 3. In Colorado Revised Statutes, 6-7.5-104, amend12
(1)(i), (1)(o), (1)(p), and (2)(c); repeal (1)(a) and (1)(h); and add (1)(a.3),13
(1)(a.6), (1)(d.5), (1)(f.2), (1)(f.5), (1)(j.5), (1)(j.7), (1)(l.4), (1)(l.6),14
(1)(m.6), (1)(m.8), (1)(o.2), (1)(o.4), (1)(o.6), (1)(q), and (4) as follows:15
6-7.5-104. Scope and applicability. (1) Subject to subsection (2)16
of this section and as further specified in section 6-7.5-105, this article 7.517
applies to the following products sold as new in Colorado:18
(a) Air compressors;19
(a.3) A
IR PURIFIERS;20
(a.6) C
OLD-TEMPERATURE FLUORESCENT LAMPS ;21
(d.5) C
OMMERCIAL OVENS;22
(f.2) E
LECTRIC STORAGE WATER HEATERS ;23
(f.5) E
LECTRIC VEHICLE SUPPLY EQUIPMENT ;24
(h) Flushometer-valve water closets;
25
(i) General service lamps GAS FIREPLACES;26
(j.5) I
MPACT-RESISTANT FLUORESCENT LAMPS ;27
1161
-19- (j.7) IRRIGATION CONTROLLERS;1
2
(l.4) R
ESIDENTIAL DOORS;3
(l.6) R
ESIDENTIAL SKYLIGHTS;4
(m.6) R
ESIDENTIAL WINDOWS;5
(m.8) S
HOWERHEADS;6
(o) Uninterruptible power supplies; and
THERMOSTATS;7
(o.2) T
UB SPOUT DIVERTERS AND SHOWERHEAD TUB SPOUT8
DIVERTER COMBINATIONS;9
(o.4) U
RINALS;10
(o.6) W
ATER CLOSETS;11
(p) Water coolers;
AND12
(q) O
THER PRODUCTS AS MAY BE DESIGNATED BY THE EXECUTIVE13
DIRECTOR PURSUANT TO SECTION 6-7.5-106.14
(2) This article 7.5 does not apply to:15
(c) Products held in inventory on or before:16
(I) The effective date of the applicable standard for each category17
of product set forth in this article 7.5;
OR18
(II) T
HE EFFECTIVE DATE FOR EACH CATEGORY OF PRODUCTS , AS19
DETERMINED BY THE EXECUTIVE DIRECTOR BY RULE PURSUANT TO20
SECTION 6-7.5-106.21
(4) T
HIS ARTICLE 7.5 DOES NOT PREEMPT ANY ACTION OF A22
STATUTORY OR HOME RULE MUNICIPALITY , COUNTY, OR CITY AND COUNTY23
THAT PRESCRIBES ADDITIONAL OR MORE RESTRICTIVE WATER24
CONSERVATION OR ENERGY EFFICIENCY REQUIREMENTS AFFECTING THE25
SALE OR USE OF PLUMBING FIXTURES, APPLIANCES, OR OTHER PRODUCTS26
IF THE REQUIREMENTS COMPLY WITH THE STANDARDS SPECIFIED IN THIS27
1161
-20- ARTICLE 7.5.1
SECTION 4. In Colorado Revised Statutes, 6-7.5-105, amend2
(1), (3) introductory portion, (3)(a), (3)(b), (3)(c), (3)(d), (3)(h), (3)(i),3
(3)(j), (3)(k), and (3)(m) introductory portion; repeal (2), (3)(g), (3)(l),4
and (4)(a); and add (5) as follows:5
6-7.5-105. Standards - effective dates - repeal. (1) The6
executive director need not adopt by rule, but shall collect and make7
publicly available in hard copy, through a website, or both, the federal8
rules and other rules and standards referred to in this section. The9
references in this section are to the rules and standards as they existed on10
the dates specified or, if not so specified, as they existed on August 2,11
2019, and do not include later editions or revisions. ON AND AFTER THE12
EFFECTIVE DATE OF THIS SUBSECTION (1), AS AMENDED, A PERSON SHALL13
NOT SELL ANY OF THE FOLLOWING PLUMBING FIXTURES IN COLORADO14
UNLESS THEY ARE WATERSENSE-LISTED PLUMBING FIXTURES:15
(a) (I) A PRIVATE LAVATORY FAUCET.16
(II) THIS SUBSECTION (1)(a) IS REPEALED, EFFECTIVE JANUARY 1,17
2026.18
(b) A PUBLIC LAVATORY FAUCET;19
(c) A SHOWERHEAD;20
(d) (I) A URINAL.21
(II) THIS SUBSECTION (1)(d) IS REPEALED, EFFECTIVE JANUARY 1,22
2026.23
(e) A WATER CLOSET.24
(2) On or after January 1, 2020, a person shall not sell or offer for25
sale in Colorado a general service lamp unless it either:26
(a) Is subject to federal preemption; or27
1161
-21- (b) Meets or exceeds a lamp efficacy of forty-five lumens per1
watt, when tested in accordance with the applicable federal test2
procedures for general service lamps prescribed in 10 CFR 430.23 (gg),3
as in effect on January 3, 2017.4
(3) On or AND after January 1, 2021, A PERSON SHALL NOT SELL,5
LEASE, OR RENT ANY OF the following new products shall not be sold,6
leased, or rented in Colorado unless the efficiency of the new product7
meets or exceeds the following efficiency standards, as applicable:8
(a) Commercial dishwashers included in the scope of the Energy9
Star program requirements product specification for commercial10
dishwashers version 2.0, must meet the qualification criteria of that11
specification.12
(b) Commercial fryers included in the scope of the Energy Star13
program requirements product specification for commercial fryers version14
2.0, must meet the qualification criteria of that specification.15
(c) (I) Commercial hot food holding cabinets must have a16
maximum idle energy rate of forty watts per cubic foot of interior volume,17
as determined by the "idle energy rate-dry test" in ASTM standard18
F2140-11, "Test Method for the Performance of Hot Food Holding19
Cabinets", published by ASTM International, formerly known as the20
American Society for Testing and Materials. Interior volume must be21
measured as prescribed in the Energy Star program requirements product22
specification for commercial hot food holding cabinets, version 2.0.23
(II) T
HIS SUBSECTION (3)(c) IS REPEALED, EFFECTIVE JANUARY 1,24
2026.25
(d) Commercial steam cookers must meet the requirements of the26
Energy Star program requirements product specification for commercial27
1161
-22- steam cookers. version 1.2.1
(g) Flushometer-valve water closets included within the scope of2
the WaterSense specification for flushometer-valve water closets, version3
1.0, must meet the water efficiency and performance criteria and other4
requirements of that specification.5
(h) (I) High CRI fluorescent lamps must meet the minimum6
efficacy requirements contained in 10 CFR 430.32 (n)(4) as in effect on7
January 3, 2017, as measured in accordance with 10 CFR 430, subpart B,8
appendix R, "Uniform Test Method for Measuring Average Lamp9
Efficacy (LE), Color Rendering Index (CRI), and Correlated Color10
Temperature (CCT) of Electric Lamps", as in effect on January 3, 2017.11
(II) T
HIS SUBSECTION (3)(h) IS REPEALED, EFFECTIVE JANUARY 1,12
2026.13
(i) Portable electric spas must meet the requirements of the14
"American National Standard for Portable Electric Spa Energy15
Efficiency" ANSI/APSP/ICC-14.16
(j) New residential ventilating fans must meet the FAN MOTOR17
EFFICACY qualification criteria of the Energy Star program requirements18
product specification for residential ventilating fans. version 3.2.19
(k) (I) Spray sprinkler bodies that are not specifically excluded20
from the scope of the WaterSense PROGRAM PRODUCT specification for21
spray sprinkler bodies, version 1.0, must include an integral pressure22
regulator and must meet the water efficiency and performance criteria and23
other requirements of that specification.24
(II) T
HIS SUBSECTION (3)(k) IS REPEALED, EFFECTIVE JANUARY 1,25
2026.26
(l) Uninterruptible power supplies that utilize a NEMA 1-15P or27
1161
-23- 5-15P input plug and have an alternating current output must have an1
average load-adjusted efficiency that meets or exceeds the values shown2
on page 193 of the prepublication final rule "Energy Conservation3
Program: Energy Conservation Standards for Uninterruptible Power4
Supplies" issued by the United States department of energy on December5
28, 2016, as measured in accordance with test procedures prescribed in6
10 CFR 430, subpart B, appendix Y, "Uniform Test Method for7
Measuring the Energy Consumption of Battery Chargers", as in effect on8
January 11, 2017.9
(m) Water coolers included in the scope of the Energy Star10
program requirements product specification for water coolers version 2.0,11
must have an "on" mode with no-water-draw energy consumption less12
than or equal to the following values as measured in accordance with the13
test requirements of that program:14
(4) On or after February 1, 2022, the following new products shall15
not be sold, leased, or rented in Colorado unless the efficiency of the new16
product meets or exceeds the following efficiency standards, as17
applicable:18
(a) Air compressors that meet the twelve criteria listed on page19
350 to 351 of the "Energy Conservation Standards for Air Compressors"20
final rule issued by the United States department of energy on December21
5, 2016, must meet the requirements in table 1 on page 352 following the22
instructions on page 353 and as measured in accordance with 10 CFR23
431, subpart T, appendix A, "Uniform Test Method for Certain Air24
Compressors", as in effect on July 3, 2017.25
(5) O
N AND AFTER JANUARY 1,
2026, A PERSON SHALL NOT SELL,26
OFFER TO SELL, LEASE, OR OFFER TO LEASE ANY OF THE FOLLOWING NEW27
1161
-24- PRODUCTS IN COLORADO UNLESS THE EFFICIENCY OF THE NEW PRODUCT1
MEETS OR EXCEEDS THE FOLLOWING EFFICIENCY ST ANDARDS , AS2
APPLICABLE:3
(a) A
IR PURIFIERS, EXCEPT INDUSTRIAL AIR PURIFIERS, MUST MEET4THE CERTIFICATION REQUIREMENTS OF THE ENERGY STAR PROGRAM5
PRODUCT SPECIFICATION FOR ROOM AIR CLEANERS .6
(b) COMMERCIAL HOT FOOD HOLDING CABINETS MUST MEET THE7
QUALIFICATION CRITERIA OF THE ENERGY STAR PROGRAM PRODUCT8
SPECIFICATION FOR COMMERCIAL HOT FOOD HOLDING CABINETS .9
(c) COMMERCIAL OVENS INCLUDED IN THE SCOPE OF THE ENERGY10
STAR PROGRAM PRODUCT SPECIFICATION FOR COMMERCIAL OVENS MUST11
MEET THE QUALIFICATION CRITERIA OF THAT SPECIFICATION .12
(d) ELECTRIC STORAGE WATER HEATERS MUST HAVE A MODULAR13
DEMAND RESPONSE COMMUNICATIONS PORT COMPLIANT WITH AHRI 1430.14
(e) E
LECTRIC VEHICLE SUPPLY EQUIPMENT INCLUDED IN THE SCOPE15
OF THE ENERGY STAR PROGRAM
PRODUCT SPECIFICATION FOR16
ELECTRIC VEHICLE SUPPLY EQUIPMENT MUST MEET THE CERTIFICATION17
CRITERIA OF THAT SPECIFICATION.18
(f) G
AS FIREPLACES MUST COMPLY WITH THE FOLLOWING19
REQUIREMENTS:20
(I) G
AS FIREPLACES MUST BE CAPABLE OF AUTOMATICALLY21
EXTINGUISHING ANY PILOT FLAME WHEN THE MAIN GAS BURNER FLAME IS22
EXTINGUISHED OR MUST PREVENT ANY IGNITION SOURCE FOR THE MAIN23
GAS BURNER FLAME FROM OPERATING CONTINUOUSLY FOR MORE THAN24
SEVEN DAYS FROM THE LAST USE OF THE MAIN GAS BURNER ;25
(II) DECORATIVE GAS FIREPLACES MUST HAVE A DIRECT VENT OR26
POWER VENT CONFIGURATION, UNLESS THE DECORATIVE GAS FIREPLACE27
1161
-25- IS MARKED FOR REPLACEMENT USE ONLY OR OUTDOOR USE ONLY OR IS A1
GAS LOG SET; AND2
(III) HEATING GAS FIREPLACES MUST HAVE A FIREPLACE3
EFFICIENCY OF AT LEAST FIFTY PERCENT WHEN TESTED IN ACCORDANCE4
WITH CANADIAN STANDARDS ASSOCIATION P.4.1-15, "TESTING METHOD5
FOR MEASURING FIREPLACE EFFICIENCY ", AS AMENDED OR REVISED.6
(g) HIGH CRI, COLD-TEMPERATURE, AND IMPACT-RESISTANT7
FLUORESCENT LAMPS MUST MEET THE MINIMUM EFFICACY REQUIREMENTS8
CONTAINED IN 10 CFR 430.32 (n)(4), AS MEASURED IN ACCORDANCE WITH9
10 CFR 430, SUBPART B, APPENDIX R, "UNIFORM TEST METHOD FOR10
MEASURING AVERAGE LAMP EFFICACY (LE), COLOR RENDERING INDEX11
(CRI), AND CORRELATED COLOR TEMPERATURE (CCT) OF ELECTRIC12
LAMPS".13
(h) IRRIGATION CONTROLLERS MUST COMPLY WITH THE14
FOLLOWING REQUIREMENTS :15
(I) WEATHER-BASED IRRIGATION CONTROLLERS INCLUDED WITHIN16
THE SCOPE OF THE WATERSENSE PROGRAM PRODUCT SPECIFICATION FOR17
WEATHER-BASED IRRIGATION CONTROLLERS MUST MEET THE WATER18
EFFICIENCY AND PERFORMANCE CRITERIA AND OTHER REQUIREMENTS FOR19
THAT SPECIFICATION; AND20
(II) SOIL MOISTURE-BASED IRRIGATION CONTROLLERS21
INCLUDED WITHIN THE SCOPE OF THE WATERSENSE PROGRAM PRODUCT22
SPECIFICATION FOR SOIL MOISTURE-BASED IRRIGATION CONTROLLERS23
MUST MEET THE WATER EFFICIENCY AND PERFORMANCE CRITERIA AND24
OTHER REQUIREMENTS FOR THAT SPECIFICATION .25
(i) PRIVATE LAVATORY FAUCETS, TUB SPOUT DIVERTERS,26
SHOWERHEAD TUB SPOUT DIVERTER COMBINATIONS, AND URINALS MUST27
1161
-26- MEET THE REQUIREMENTS IN 20 CCR SEC. 1605.3, AS MEASURED IN1
ACCORDANCE WITH THE TEST METHODS PRESCRIBED IN 20 CCR SEC. 1604,2
AS AMENDED.3
(j) RESIDENTIAL WINDOWS, RESIDENTIAL DOORS, AND RESIDENTIAL4
SKYLIGHTS INCLUDED IN THE SCOPE OF THE ENERGY STAR PROGRAM5
PRODUCT SPECIFICATION FOR RESIDENTIAL WINDOWS, DOORS, AND6
SKYLIGHTS MUST SATISFY THE NORTHERN CLIMATE ZONE QUALIFICATION7
CRITERIA OF THAT SPECIFICATION; EXCEPT THAT RESIDENTIAL WINDOWS8
AND DOORS THAT ARE CUSTOM DESIGNED FOR A HISTORICALLY9
DESIGNATED BUILDING AND REQUIRED IN ORDER TO MAINTAIN THE10
HISTORIC NATURE OR CHARACTER OF SUCH A BUILDING ARE NOT REQUIRED11
TO SATISFY SUCH CRITERIA.12
(k) SPRAY SPRINKLER BODIES THAT ARE NOT SPECIFICALLY13
EXCLUDED FROM THE SCOPE OF THE WATERSENSE PROGRAM PRODUCT14
SPECIFICATION FOR SPRAY SPRINKLER BODIES MUST INCLUDE AN INTEGRAL15
PRESSURE REGULATOR AND A CHECK VALVE AND MUST MEET THE WATER16
EFFICIENCY AND PERFORMANCE CRITERIA AND OTHER REQUIREMENTS OF17
THAT SPECIFICATION.18
(l) THERMOSTATS MUST BE PROGRAMMABLE THERMOSTATS OR19
SMART THERMOSTATS.20
SECTION 5. In Colorado Revised Statutes, amend 6-7.5-106 as21
follows:22
6-7.5-106. New and revised standards - rules. (1) The23
executive director may adopt by rule a more recent version of any24
standard or test method established in section 6-7.5-105, including any25
product definition associated with the standard or test method, in order to26
maintain or improve consistency with other comparable standards in other27
1161
-27- states, so long as the resulting efficiency is equal to or greater than the1
efficiency achieved using the prior standard or test method. The executive2
director shall allow at least a one-year delay between the adoption by rule3
and the enforcement of any new standard or test method.4
(2) O
N OR BEFORE JANUARY 1, 2026, AND ON OR BEFORE JANUARY5
1
EVERY FIVE YEARS THEREAFTER , THE EXECUTIVE DIRECTOR SHALL6
PROMULGATE RULES ESTABLISHING STANDARDS FOR PRODUCTS THAT ARE7
NOT DESCRIBED IN SECTION 6-7.5-104 OR 6-7.5-105 IF SUCH STANDARDS:8
(a) W
OULD IMPROVE ENERGY OR WATER CONSERVATION IN THE9
STATE; AND10
(b) E
XIST IN AT LEAST THREE OTHER
STATES OR ARE PUBLISHED IN11
FINALIZED FORM BY THE ENERGY STAR PROGRAM OR THE WATERSENSE12
PROGRAM.13
(3) AFTER JANUARY 1, 2026, THE EXECUTIVE DIRECTOR SHALL14
ALLOW A ONE-YEAR GRACE PERIOD AFTER ANY STANDARD, STANDARD15
VERSION, DEFINITION, OR TEST METHOD REFERENCED IN THIS ARTICLE 7.516
IS UPDATED, DURING WHICH TIME A PRODUCT MAY MEET EITHER THE17
PREVIOUS STANDARD OR THE UPDATED STANDARD, STANDARD VERSION,18
DEFINITION, OR TEST METHOD, AS APPLICABLE.19
SECTION 6. In Colorado Revised Statutes, 6-7.5-109, amend (1)20
introductory portion; and add (3), (4), and (5) as follows: 21
6-7.5-109. Testing, certification, labeling, and enforcement -22
rules - verifications of compliance - publication of material23
incorporated by reference. (1) Unless a product appears in THE STATE24
APPLIANCE STANDARDS DATABASE MAINTAINED BY THE NORTHEAST25
E
NERGY EFFICIENCY PARTNERSHIPS, OR A SUCCESSOR ORGANIZATION, OR26
IN a public database of compliant products maintained by other states or27
1161
-28- federal agencies with equivalent or more stringent efficiency standards,1
the manufacturers of products covered by this article 7.5 shall2
demonstrate that the products comply with this article 7.5 by doing any3
one or more of the following:4
(3) ON OR BEFORE JANUARY 1, 2026, THE EXECUTIVE DIRECTOR5
SHALL COLLECT AND MAKE PUBLICLY AVAILABLE IN WRITTEN AND6
ELECTRONIC FORM THE FEDERAL RULES AND OTHER RULES AND7
STANDARDS REFERRED TO IN THIS PART 7.5. THE EXECUTIVE DIRECTOR8
SHALL UPDATE THE PUBLICLY AVAILABLE RULES AND STA NDARDS AS THEY9
MAY BE UPDATED OR ADDED IN ACCORDANCE WITH SECTION 6-7.5-106.10
(4) THE EXECUTIVE DIRECTOR SHALL:11
(a) VERIFY MAJOR RETAILERS' AND DISTRIBUTORS' COMPLIANCE12
WITH THE PROVISIONS OF THIS ARTICLE 7.5 THROUGH ONLINE13
SPOT-CHECKS, COORDINATION WITH OTHER STATES THAT HAVE SIMILAR14
STANDARDS, OR BOTH;15
(b) CONDUCT SUCH VERIFICATIONS AT LEAST ONCE BEFORE16
JANUARY 1, 2027, AND AGAIN AT LEAST ONCE BEFORE JANUARY 1, 2032;17
(c) DELIVER A REPORT ON THE METHOD AND FINDINGS OF THE18
VERIFICATIONS TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE19
HOUSE OF REPRESENTATIVES AND TO THE TRANSPORTATION AND ENERGY20
COMMITTEE OF THE SENATE, OR TO ANY SUCCESSOR COMMITTEES , AND21
POST THE REPORT TO THE DEPARTMENT OF PUBLIC HEALTH AND22
ENVIRONMENT'S WEBSITE WITHIN ONE MONTH AFTER ITS COMPLETION;23
AND24
(d) DELIVER ANY FINDINGS OF VIOLATIONS TO THE ATTORNEY25
GENERAL.26
(5) ON OR BEFORE JANUARY 1, 2026, THE EXECUTIVE DIRECTOR27
1161
-29- SHALL ESTABLISH A PROCESS WHEREBY INDIVIDUALS MAY ANONYMOUSLY1
REPORT POTENTIAL VIOLATIONS OF THIS ARTICLE 7.5 ON THE DEPARTMENT2
OF PUBLIC HEALTH AND ENVIRONMENT 'S PUBLIC WEBSITE. THE EXECUTIVE3
DIRECTOR SHALL INVESTIGATE ANY REPORTED POTENTIAL VIOLATION AND4
SHALL REPORT ANY CONFIRMED VIOLATIONS TO THE ATTORNEY GENERAL .5
SECTION 7. In Colorado Revised Statutes, 6-7.5-110, amend6
(2)(a) as follows:7
6-7.5-110. Penalties - civil action by attorney general.8
(2) Whenever the attorney general has probable cause to believe that any9
person or group of persons has violated or caused another to violate10
subsection (1) of this section, the attorney general may bring a civil action11
on behalf of the state to seek the imposition of civil penalties as follows:12
(a) Any person who violates or causes another to violate13
subsection (1) of this section shall forfeit and pay to the general fund of14
this state a civil penalty of not more than two thousand dollars for each15
such violation,
WHICH AMOUNT SHALL BE TRANSFERRED TO THE STATE16
TREASURER TO BE CREDITED TO THE ENERGY FUND CREATED IN SECTION17
24-38.5-102.4. For purposes of this subsection (2)(a), a violation18
constitutes a separate violation with respect to each consumer or
19
transaction
OR ONLINE FOR-SALE PRODUCT LISTING involved; except that20
the maximum civil penalty shall
MAY not exceed five hundred thousand21
dollars for any related series of violations.22
SECTION 8. In Colorado Revised Statutes, add part 14 to article23
5 of title 25 as follows:24
PART 1425
CLEAN LIGHTING26
25-5-1401. Short title. T
HE SHORT TITLE OF THIS PART 14 IS THE27
1161
-30- "CLEAN LIGHTING ACT".1
25-5-1402. Legislative declaration. (1) T
HE GENERAL ASSEMBLY2
FINDS AND DETERMINES THAT:3
(a) M
ERCURY IS A POTENT AND PERSISTENT NEUROTOXIN THAT4
CAUSES HARM TO HUMAN NERVOUS SYSTEMS , IMMUNE SYSTEMS, AND5
ORGAN FUNCTION AND IMPAIRS FETAL AND CHILD DEVELOPMENT ;6
(b) A
CCELERATING THE PHASE -OUT OF GENERAL -PURPOSE7
FLUORESCENT LIGHT BULBS CONTAINING TOXIC MERCURY WILL PROTECT8
WORKER HEALTH AND PUBLIC HEALTH , INCLUDING DURING THE9
MANUFACTURE, DISTRIBUTION, USE, COLLECTION, DISPOSAL, AND10
RECYCLING OF THE LIGHT BULBS;11
(c) F
LUORESCENT BULBS HAVE LONG PROVIDED A VALUABLE12
SERVICE, BUT CLEANER, SAFER ALTERNATIVES HAVE BECOME WIDELY13
AVAILABLE AND AFFORDABLE ;14
(d) M
ERCURY-FREE LED REPLACEMENTS FOR GENERAL-PURPOSE15
FLUORESCENT BULBS PROVIDE THE SAME OR BETTER LIGHTING SERVICE ,16
LONGER PRODUCT LIFE, AND MUCH LOWER TOTAL COST ; AND17
(e) A
CCORDING TO A STUDY FROM THE APPLIANCE STANDARDS18
A
WARENESS PROJECT, ACCELERATING THE PHASE -OUT OF MOST19
GENERAL-PURPOSE FLUORESCENT LIGHTING FOR SALE IN COLORADO WILL20
PREVENT ONE HUNDRED SIXTY -SEVEN POUNDS OF MERCURY AND TWO21
MILLION ONE HUNDRED THOUSAND METRIC TONS OF CARBON DIOXIDE22
EMISSIONS FROM ENTERING THE ENVIRONMENT AND LEAD TO FIVE23
HUNDRED SEVENTY-TWO MILLION DOLLARS IN NET UTILITY BILL SAVINGS24
FOR COLORADO BUSINESSES AND RESIDENTS .25
(2) T
HE GENERAL ASSEMBLY THEREFORE DECLARES THAT IT IS IN26
THE PUBLIC INTEREST TO PHASE OUT THE SALE OF GENERAL -PURPOSE27
1161
-31- FLUORESCENT LIGHT BULBS THAT CONTAIN MERCURY .1
25-5-1403. Definitions. A
S USED IN THIS PART 14, UNLESS THE2
CONTEXT OTHERWISE REQUIRES :3
(1) "CIECAM02-UCS"
MEANS A COLOR APPEARANCE MODEL4
DESIGNED BY THE INTERNATIONAL COMMISSION ON ILLUMINATION TO5
ACCURATELY MODEL HUMAN COLOR PERCEPTION THAT USES UNIFORM6
COLOR SPACE.7
(2) (a) "C
OMPACT FLUORESCENT LAMP " MEANS A COMPACT ,8
LOW-PRESSURE, MERCURY-CONTAINING, ELECTRIC-DISCHARGE LIGHT9
SOURCE:10
(I) I
N WHICH A FLUORESCENT COATING TRANSFORMS SOME OF THE11
ULTRAVIOLET ENERGY GENERATED BY THE MERCURY DISCHARGE INTO12
VISIBLE LIGHT; AND13
(II) T
HAT:14
(A) I
NCLUDES ONE BASE OR END CAP OF ANY TYPE , INCLUDING15
SCREW, BAYONET, TWO-PIN, OR FOUR-PIN;16
(B) I
S INTEGRALLY BALLASTED OR NONINTEGRALLY BALLASTED ;17
(C) E
MITS LIGHT BETWEEN A CORRELATED COLOR TEMPERATURE18
OF 1700 KELVIN AND 24000 KELVIN AND A DUV OF +0.024 AND -0.024 IN19
THE CIECAM02-UCS; AND20
(D) I
NCLUDES ONE OR MORE TUBES , WHICH MAY BE OF ANY21
DIAMETER OR LENGTH.22
(b) "C
OMPACT FLUORESCENT LAMP " INCLUDES LAMPS OF ALL SIZES23
AND SHAPES FOR DIRECTIONAL AND NONDIRECTIONAL INSTALLATIONS ,24
INCLUDING PLUG-IN, SPIRAL, TWIN TUBE, TRIPLE TWIN, 2D, U-BEND, AND25
CIRCULAR LAMPS, THAT SATISFY THE DESCRIPTION IN SUBSECTION (2)(a)26
OF THIS SECTION.27
1161
-32- (3) "DUV" MEANS DELTA (U, 2/3V'), WHICH IS A METRIC THAT1
DESCRIBES THE DISTANCE OF A LIGHT COLOR POINT FROM THE PLANCKIAN2
LOCUS.3
(4) "E
XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF4
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR THE5
EXECUTIVE DIRECTOR'S DESIGNEE.6
(5) (a) "L
INEAR FLUORESCENT LAMP" MEANS A LOW-PRESSURE,7
MERCURY-CONTAINING, ELECTRIC-DISCHARGE LIGHT SOURCE:8
(I) I
N WHICH A FLUORESCENT COATING TRANSFORMS SOME OF THE9
ULTRAVIOLET ENERGY GENERATED BY THE MERCURY DISCHARGE INTO10
VISIBLE LIGHT; AND11
(II) T
HAT:12
(A) I
NCLUDES TWO BASES OR END CAPS OF ANY TYPE , INCLUDING13
SINGLE-PIN, TWO-PIN, OR RECESSED DOUBLE CONTACT ;14
(B) E
MITS LIGHT BETWEEN A CORRELATED COLOR TEMPERATURE15
OF 1700 KELVIN AND 24000 KELVIN AND A DUV OF +0.024 AND -0.024 IN16
THE CIECAM02-UCS;17
(C) I
NCLUDES ALL TUBE DIAMETERS, INCLUDING T5, T8, T10, AND18
T12
TUBES; AND19
(D) I
NCLUDES ALL TUBE LENGTHS FROM SIX INCHES TO EIGHT FEET .20
(b) "L
INEAR FLUORESCENT LAMP " INCLUDES LAMPS OF ALL21
SHAPES, INCLUDING LINEAR, U-BEND, AND CIRCULAR.22
(6) "S
UNLAMP PRODUCT" HAS THE MEANING SET FORTH IN 21 CFR23
1040.20 (b)(9).24
25-5-1404. Scope and applicability. (1) E
XCEPT AS DESCRIBED25
IN SUBSECTION (2) OF THIS SECTION, THIS PART 14 APPLIES TO COMPACT26
FLUORESCENT LAMPS AND LINEAR FLUORESCENT LAMPS SOLD AS NEW IN27
1161
-33- COLORADO.1
(2) T
HIS PART 14 DOES NOT APPLY TO:2
(a) A
LAMP THAT IS DESIGNED AND MARKETED EXCLUSIVELY FOR3
IMAGE CAPTURE AND PROJECTION, INCLUDING PHOTOCOPYING; PRINTING,4
EITHER DIRECTLY OR IN PREPROCESSING; LITHOGRAPHY; FILM AND VIDEO5
PROJECTION; AND HOLOGRAPHY;6
(b) A
LAMP THAT EMITS ULTRAVIOLET LIGHT AND THAT :7
(I) E
MITS ULTRAVIOLET LIGHT GREATER THAN TWO MILLIWATTS8
PER KILOLUMEN (MW/KLM);9
(II) I
S DESIGNED AND MARKETED EXCLUSIVELY FOR A GERMICIDAL10
PURPOSE, SUCH AS FOR THE DESTRUCTION OF DNA, WHICH LAMP EMITS A11
PEAK RADIATION OF APPROXIMATELY TWO HUNDRED FIFTY -THREE AND12
SEVEN-TENTHS NANOMETERS;13
(III) I
S DESIGNED AND MARKETED EXCLUSIVELY FOR DISINFECTION14
OR FLY TRAPPING AND:15
(A) F
ROM WHICH THE TOTAL RADIATION POWER EMITTED16
BETWEEN TWO HUNDRED AND THREE HUNDRED FIFTEEN NANOMETERS17
REPRESENTS AT LEAST FIVE PERCENT OF THE TOTAL RADIATION POWER18
EMITTED BETWEEN TWO HUNDRED FIFTY AND EIGHT HUNDRED19
NANOMETERS; OR20
(B) F
ROM WHICH THE TOTAL RADIATION POWER EMITTED BETWEEN21
THREE HUNDRED FIFTEEN AND FOUR HUNDRED NANOMETERS REPRESENTS22
AT LEAST TWENTY PERCENT OF THE TOTAL RADIATION POWER EMITTED23
BETWEEN TWO HUNDRED FIFTY AND EIGHT HUNDRED NANOMETERS ;24
(IV) I
S DESIGNED AND MARK ETED EXCLUSIVELY FOR THE25
GENERATION OF OZONE WHERE THE PRIMARY PURPOSE IS TO EMIT26
RADIATION AT APPROXIMATELY ONE HUNDRED EIGHTY -FIVE AND27
1161
-34- ONE-TENTH NANOMETERS;1
(V) I
S DESIGNED AND MARKETED EXCLUSIVELY FOR CORAL2
ZOOXANTHELLAE SYMBIOSIS AND FROM WHICH THE RADIATION POWER3
EMITTED BETWEEN FOUR HUNDRED AND FOUR HUNDRED EIGHTY4
NANOMETERS REPRESENTS AT LEAST FORTY PERCENT OF THE TOTAL5
RADIATION POWER EMITTED BETWEEN TWO HUNDRED FIFTY AND EIGHT6
HUNDRED NANOMETERS ;7
(VI) I
S DESIGNED AND MARKETED EXCLUSIVELY FOR USE IN A8
SUNLAMP PRODUCT;9
(VII) I
S DESIGNED AND MARKETED EXCLUSIVELY FOR USE IN A10
MEDICAL DEVICE FOR MEDICA L OR VETERINAR Y DIAGNOSIS OR11
TREATMENT;12
(VIII) I
S DESIGNED AND MARKETED EXCLUSIVELY FOR USE IN13
PHARMACEUTICAL PRODUCT MANUFACTURING OR QUALITY CONTROL ;14
(IX) I
S DESIGNED AND MARKETED EXCLUSIVELY FOR15
SPECTROSCOPY AND PHOTOMETRIC APPLICATIONS , SUCH AS UV-VISIBLE16
SPECTROSCOPY, MOLECULAR SPECTROSCOPY , ATOMIC ABSORPTION17
SPECTROSCOPY, NONDISPERSIVE INFRARED , FOURIER TRANSFORM18
INFRARED, MEDICAL ANALYSIS , ELLIPSOMETRY, LAYER THICKNESS19
MEASUREMENT, PROCESS MONITORING, OR ENVIRONMENTAL MONITORING ;20
OR21
(X) I
S USED BY ACADEMIC AND RESEARCH INSTITUTIONS22
EXCLUSIVELY FOR CONDUCTING RESEARCH PROJECTS AND EXPERIMENTS ;23
OR24
(c) A
PRODUCT THAT IS HELD IN INVENTORY IN COLORADO ON THE25
EFFECTIVE DATE OF THE APPLICABLE STANDARD DESCRIBED IN SECTION26
25-5-1405.27
1161
-35- 25-5-1405. Prohibited lamps. (1) ON AND AFTER JANUARY1
1, 2025, A PERSON SHALL NOT MANUFACTURE , DISTRIBUTE, SELL, OR OFFER2
FOR SALE IN COLORADO ANY:3
(a) LINEAR FLUORESCENT LAMP; OR4
(b) COMPACT FLUORESCENT LAMP .5
25-5-1406. Enforcement - verifications of compliance - civil6
action by attorney general - penalties. (1) THE EXECUTIVE DIRECTOR7
SHALL:8
(a) VERIFY MAJOR RETAILERS' AND DISTRIBUTORS' COMPLIANCE9
WITH THE PROVISIONS OF THIS PART 14 THROUGH ONLINE SPOT-CHECKS,10
COORDINATION WITH OTHER STATES THAT HAVE SIMILAR STANDARDS, OR11
BOTH;12
(b) CONDUCT SUCH VERIFICATIONS AT LEAST ONCE BEFORE13
JANUARY 1, 2026, AND AGAIN AT LEAST ONCE BEFORE JANUARY 1, 2031;14
(c) DELIVER A REPORT ON THE METHOD AND FINDINGS OF THE15
VERIFICATIONS TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE16
HOUSE OF REPRESENTATIVES AND TO THE TRANSPORTATION AND ENERGY17
COMMITTEE OF THE SENATE, OR TO ANY SUCCESSOR COMMITTEES , AND18
POST THE REPORT TO THE DEPARTMENT OF PUBLIC HEALTH AND19
ENVIRONMENT'S WEBSITE WITHIN ONE MONTH AFTER ITS COMPLETION;20
AND21
(d) DELIVER ANY FINDINGS OF VIOLATIONS TO THE ATTORNEY22
GENERAL.23
(2) O
N OR BEFORE JANUARY 1,
2025, THE EXECUTIVE DIRECTOR24
SHALL ESTABLISH A PROCESS WHEREBY INDIVIDUALS MAY ANONYMOUSLY25
REPORT POTENTIAL VIOLATIONS OF THIS PART 14 ON THE DEPARTMENT OF26
PUBLIC HEALTH AND ENVIRONMENT 'S PUBLIC WEBSITE. THE EXECUTIVE27
1161
-36- DIRECTOR SHALL INVESTIGATE ANY REPORTED POTENTIAL VIOLATION AND1
SHALL REPORT ANY CONFIRMED VIOLATIONS TO THE ATTORNEY GENERAL .2
(3) (a) I
F THE ATTORNEY GENERAL HAS PROBABLE CAUSE TO3
BELIEVE THAT ANY PERSON OR GROUP OF PERSONS HAS VIOLATED OR4
CAUSED ANOTHER PERSON TO VIOLATE SECTION 25-5-1405, THE5
ATTORNEY GENERAL MAY BRING A CIVIL ACTION ON BEHALF OF THE STATE6
TO SEEK THE IMPOSITION OF CIVIL PENALTIES AS SPECIFIED IN THIS7
SUBSECTION (3). ANY PERSON WHO VIOLATES OR CAUSES ANOTHER8
PERSON TO VIOLATE SECTION 25-5-1405 SHALL PAY A CIVIL PENALTY OF9
NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION , WHICH10
AMOUNT SHALL BE TRANSFERRED TO THE STATE TREASURER TO BE11
CREDITED TO THE ENERGY FUND CREATED IN SECTION 24-38.5-102.4.12
(b) F
OR PURPOSES OF SUBSECTION (3)(a) OF THIS SECTION:13
(I) E
ACH TRANSACTION OR ONLINE FOR -SALE PRODUCT LISTING14
INVOLVED CONSTITUTES A SEPARATE VIOLATION ; EXCEPT THAT THE15
MAXIMUM CIVIL PENALTY MAY NOT EXCEED FIVE HUNDRED THOUSAND16
DOLLARS FOR ANY RELATED SERIES OF VIOLATIONS ; AND17
(II) A
COURT SHALL NOT IMPOSE A FINE AGAINST A18
NONMANAGERIAL EMPLOYEE OF A CONTRACTOR THAT INSTALLS , REPAIRS,19
OR REPLACES LINEAR OR COMPACT FLUORESCENT LAMPS AND COLLECTS20
FROM THE CUSTOMER AN AMOUNT REPRESENTING BOTH PARTS AND21
LABOR.22
SECTION 9. In Colorado Revised Statutes, add part 15 to article23
7 of title 25 as follows:24
PART 1525
ENVIRONMENTAL STANDARDS FOR HEATING26
AND WATER HEATING APPLIANCES27
1161
-37- 25-7-1501. Legislative declaration. (1) T HE GENERAL ASSEMBLY1
DECLARES THAT IT IS IN THE INTEREST OF THE STATE TO REDUCE AND2
PREVENT AIR POLLUTION FROM CERTAIN NEW HEATING AND WATER3
HEATING APPLIANCES IN ORDER TO:4
(a) P
ROTECT THE AIR THAT COLORADANS BREATHE BY REDUCING5
UNHEALTHY LEVELS OF SMOG AND OZONE , WHICH HAVE HIT RECORD HIGHS6
IN COLORADO IN RECENT YEARS AND HAVE DISPROPORTIONATELY7
IMPACTED LOW-INCOME AREAS;8
(b) M
INIMIZE HEALTH RISKS ASSOCIATED WITH AIR POLLUTION ,9
INCLUDING RESPIRATORY AILMENTS SUCH AS ASTHMA AND10
CARDIOVASCULAR ILLNESSES , WHICH ARE LINKED TO EXPOSURE TO FINE11
PARTICULATE MATTER AND NITROGEN DIOXIDE ;12
(c) A
SSIST COLORADO COUNTIES IN ACHIEVING ATTAINMENT OF13
FEDERAL OZONE NATIONAL AMBIENT AIR QUALITY STANDARDS ;14
(d) I
MPROVE THE CLARITY OF SCENIC VIEWS FOR PURPOSES OF15
FACILITATING ENJOYMENT OF COLORADO'S BOUNTIFUL NATURAL16
RESOURCES AND MAINTAIN ITS REPUTATION FOR HIGH -QUALITY OUTDOOR17
RECREATION;18
(e) MITIGATE THE EFFECTS OF CLIMATE CHANGE ;19
(f) CONTRIBUTE TO THE STATE 'S ECONOMY BY BUILDING A20
TRAINED AND COMPETITIVE WORKFORCE TO INSTALL AND MAINTAIN21
NEWLY PURCHASED APPLIANCES ; AND22
(g) ENSURE THAT THE BENEFITS OF CLEAN AND HEALTHY AIR ARE23
DISTRIBUTED TO ALL PARTS OF THE STATE.24
25-7-1502. Definitions. A
S USED IN THIS PART 15, UNLESS THE25
CONTEXT OTHERWISE REQUIRES :26 27
1161
-38- (1) "BTU" MEANS BRITISH THERMAL UNIT, WHICH IS A SCIENTIFIC1
UNIT OF MEASUREMENT EQUAL TO THE QUANTITY OF HEAT REQUIRED TO2
RAISE THE TEMPERATURE OF ONE POUND OF WATER ONE DEGREE3
F
AHRENHEIT AT APPROXIMATELY SIXTY DEGREES FAHRENHEIT.4 (2) "ENERGY STAR PROGRAM" HAS THE MEANING SET FORTH IN5
SECTION 6-7.5-102 (24).6
(3) "E
XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF7
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR THE8
EXECUTIVE DIRECTOR'S DESIGNEE.9
(4) "F
AN-TYPE CENTRAL FURNACE " MEANS A SELF-CONTAINED10
SPACE HEATER THAT PROVIDES FOR CIRCULATION OF HEATED AIR AT11
PRESSURES OTHER THAN ATMOSPHERIC THROUGH DUCTS MORE THAN TEN12
INCHES IN LENGTH.13
(5) (a) "H
EAT INPUT" MEANS THE HEAT RELEASED BY THE14
COMBUSTION OF FUELS AND IS BASED ON THE GROSS ENERGY CONTENT OF15
THE COMBUSTIBLE FUEL, ALSO KNOWN AS THE HIGHER HEATING VALUE OF16
FUEL.17
(b) "H
EAT INPUT" DOES NOT INCLUDE THE ENTHALPY OF INCOMING18
COMBUSTION AIR.19
(6) "H
EAT OUTPUT" MEANS THE ENTHALPY OF THE WORKING FLUID20
OUTPUT OF A WATER HEATER.21
(7) "M
ANUFACTURED HOME " MEANS A PREFABRICATED22
STRUCTURE ON A PERMANENTLY ATTACHED CHASSIS , WHICH STRUCTURE23
SATISFIES THE FEDERAL MANUFACTURED HOME CONSTRUCTION SAFETY24
STANDARD, AS DEFINED IN SECTION 24-32-3302 (13).25
(8) "NO
X" MEANS THE SUM OF NITRIC OXIDE AND NITROGEN26
DIOXIDE.27
1161
-39- (9) "RATED HEAT INPUT CAPACITY " MEANS THE HEAT INPUT1
CAPACITY SPECIFIED ON THE NAMEPLATE OF A WATER HEATER . IF A WATER2
HEATER HAS BEEN ALTERED OR MODIFIED SUCH THAT ITS MAXIMUM HEAT3
INPUT IS DIFFERENT FROM THE HEAT INPUT CAPACITY SPECIFIED ON THE4
NAMEPLATE, THE NEW MAXIMUM HEAT INPUT IS THE WATER HEATER 'S5
RATED HEAT INPUT CAPACITY.6
(10) "R
ECREATIONAL VEHICLE" MEANS A MOTOR HOME, TRAVEL7
TRAILER, TRUCK CAMPER, OR CAMPING TRAILER, WITH OR WITHOUT8
MOTIVE POWER, THAT IS DESIGNED FOR HUMAN OCCUPANCY AND FOR9
RECREATIONAL, EMERGENCY, OR OTHER USE.10
(11) "W
ATER HEATER" MEANS A DEVICE THAT HEATS WATER BY11
COMBUSTION OF FUEL OR THROUGH THE USE OF ELECTRICITY TO A12
THERMOSTATICALLY CONTROLLED TEMPERATURE NOT EXCEEDING TWO13
HUNDRED TEN DEGREES FAHRENHEIT OR NINETY-NINE DEGREES CELSIUS,14
FOR USE EXTERNAL TO THE DEVICE, AT A PRESSURE NOT EXCEEDING ONE15
HUNDRED SIXTY POUNDS PER SQUARE INCH GAUGE .16
25-7-1503. Scope and applicability. (1) E
XCEPT AS DESCRIBED17
IN SUBSECTION (2) OF THIS
SECTION AND AS MODIFIED BY RULES18
PROMULGATED BY THE EXECUTIVE DIRECTOR OR THE COMMISSION19
PURSUANT TO SECTION 25-7-1506, THIS PART 15 APPLIES TO THE20
FOLLOWING NEW PRODUCTS :21
(a) W
ATER HEATERS WITH A RATED HEAT INPUT CAPACITY OF TWO22 MILLION BTUS PER HOUR OR LESS; AND23
(b) FAN-TYPE CENTRAL FURNACES THAT :24
(I) R
EQUIRE EITHER SINGLE-PHASE OR THREE-PHASE ELECTRIC25
SUPPLY;26
(II) A
RE USED FOR COMFORT HEATING ; AND27
1161
-40- (III) HAVE A RATED HEAT INPUT CAPACITY OF LESS THAN ONE1
HUNDRED SEVENTY-FIVE THOUSAND BTUS PER HOUR, AND, IN THE CASE2
OF COMBINATION HEATING AND COOLING UNITS , A COOLING RATE OF LESS3
THAN SIXTY-FIVE THOUSAND BTUS PER HOUR.4
(2) T
HIS PART 15 DOES NOT APPLY TO:5
(a) P
RODUCTS HELD IN INVENTORY IN COLORADO ON THE6
EFFECTIVE DATE OF THE APPLICABLE STANDARD ;7
(b) P
RODUCTS THAT WERE INSTALLED IN MANUFACTURED HOMES8
AT THE TIME OF CONSTRUCTION;9
(c) P
RODUCTS DESIGNED EXPRESSLY FOR INSTALLATION AND USE10
IN RECREATIONAL VEHICLES; OR11
(d) PRODUCTS THAT DO NOT BURN FOSSIL FUELS .12
25-7-1504. Emission standards for new products. (1) ON AND13
AFTER JANUARY 1, 2026, EXCEPT AS DESCRIBED IN SECTION 25-7-1506, A14
PERSON SHALL NOT MANUFACTURE, DISTRIBUTE, SELL, OFFER FOR SALE,15
LEASE, OR OFFER FOR LEASE IN COLORADO ANY OF THE FOLLOWING NEW16
PRODUCTS UNLESS THE EMISSIONS OF THE PRODUCT DO NOT EXCEED THE17
FOLLOWING EMISSIONS LIMITS, AS APPLICABLE:18
(a) TEN NANOGRAMS OF NOX PER JOULE FOR WATER HEATERS19
WITH A RATED HEAT INPUT CAPACITY OF UP TO SEVENTY-FIVE THOUSAND20
BTUS PER HOUR AND FOR ANY UNIT WITH POWER ASSIST ;21
(b) FOURTEEN NANOGRAMS OF NOX PER JOULE FOR WATER22
HEATERS WITH A RATED HEAT INPUT CAPACITY OF MORE THAN23
SEVENTY-FIVE THOUSAND AND LESS THAN TWO MILLION BTUS PER HOUR;24
OR25
(c) FOURTEEN NANOGRAMS OF NOX PER JOULE FOR FAN-TYPE26
CENTRAL FURNACES.27
1161
-41- (2) EQUIPMENT THAT IS CERTIFIED TO THE MOST RECENT VERSION1
OF THE ENERGY STAR PROGRAM FOR THE RELEVANT EQUIPMENT TYPE IS2
DEEMED TO COMPLY WITH THE REQUIREMENTS OF SUBSECTION (1) OF THIS3
SECTION.4
25-7-1505. Testing - required displays - demonstrations of5
compliance. (1) M
ANUFACTURERS OF NATURAL -GAS-FUELED WATER6
HEATERS DESCRIBED BY SECTION 25-7-1503 (1)(a) SHALL TEST EACH7
APPLICABLE MODEL FOR SALE IN COLORADO IN ACCORDANCE WITH THE8
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT PROTOCOL "NITROGEN9
O
XIDES EMISSIONS COMPLIANCE TESTING FOR NATURAL GAS-FIRED10
W
ATER HEATERS AND SMALL BOILERS", AS AMENDED.11
(2) M
ANUFACTURERS OF FAN -TYPE CENTRAL FURNACES12
DESCRIBED BY SECTION 25-7-1503 (1)(c) SHALL TEST EACH APPLICABLE13
MODEL FOR SALE IN COLORADO IN ACCORDANCE WITH THE SOUTH COAST14
AIR QUALITY MANAGEMENT DISTRICT METHOD 100.1 "INSTRUMENTAL15
A
NALYZER PROCEDURES FOR CONTINUOUS GASEOUS EMISSION16
S
AMPLING", AS AMENDED.17
18
(3) UNLESS A PRODUCT APPEARS IN A PUBLIC DATABASE OF19
PRODUCTS MAINTAINED BY A STATE OR FEDERAL AGENCY OR BY AN20
ENVIRONMENTAL NONPROFIT ORGANIZATION , WHICH DATABASE REQUIRES21
COMPLIANCE WITH EMISSION STANDARDS THAT ARE AS DEM ANDING OR22
MORE DEMANDING THAN THE EMISSION STANDARDS DESCRIBED IN THIS23
PART 15, MANUFACTURERS OF PRODUCTS DESCRIBED IN SECTION24
25-7-1503
(1) SHALL DEMONSTRATE COMPLIANCE WITH THIS PART 15 FOR25EACH MODEL BY EITHER:26
(a) A
FFIXING A PERMANENT MARK , LABEL, OR TAG TO THE27
1161
-42- PRODUCT AND PACKAGING AT THE TIME OF SALE OR INSTALLATION THAT1
CONFIRMS COMPLIANCE WITH SUCH EMISSION STANDARDS OR COMPLIANCE2
WITH EQUIVALENT EMISSION STANDARDS ; OR3
(b) S
UBMITTING A CERTIFICATION TO THE EXECUTIVE DIRECTOR4
THAT DEMONSTRATES COMPLIANCE WITH EMISSION STANDARDS REQUIRED5
BY A STATE OR FEDERAL AGENCY , WHICH EMISSION STANDARDS ARE AS6
DEMANDING OR MORE DEMANDING THAN THE EMISSION STANDARDS
7
DESCRIBED IN THIS PART 15.8
25-7-1506. Rules - analysis. (1) NOTWITHSTANDING ANY9
PROVISION OF THIS PART 15, THE EXECUTIVE DIRECTOR MAY PROMULGATE10
RULES UPDATING ANY EMISSION STANDARD, DEFINITION, OR TEST METHOD11
ESTABLISHED IN THIS PART 15 IN ORDER TO MAINTAIN OR IMPROVE12
CONSISTENCY WITH OTHER COMPARABLE STANDARDS IN OTHER STATES SO13
LONG AS THE UPDATED VERSION RESULTS IN AIR QUALITY THAT IS EQUAL14
TO OR BETTER THAN AIR QUALITY ACHIEVED USING THE PRIOR STANDARD.15
(2) THE EXECUTIVE DIRECTOR MAY PROMULGATE RULES AS16
NECESSARY TO ENSURE THE PROPER IMPLEMENTATION AND ENFORCEMENT17
OF THIS PART 15.18
(3) ON OR BEFORE JANUARY 1, 2030, THE EXECUTIVE DIRECTOR19
SHALL CONDUCT AN ANALYSIS TO DETERMINE WHETHER STATEWIDE20
GREENHOUSE GAS EMISSIONS FROM WATER HEATERS AND FAN -TYPE21
CENTRAL FURNACES ARE DECLINING IN COMPARISON TO EMISSION LEVELS22
IN 2023 IN A MANNER THAT COMPORTS WITH THE STATEWIDE GREE NHOUSE23
GAS REDUCTION GOALS SET FORTH IN SECTION 25-7-102 (2)(g). UNLESS24
THE ANALYSIS DETERMINES THAT THE EMISSIONS TRAJECTORY IS25
CONSISTENT WITH ACHIEVING THE STATEWIDE GREENHOUSE GAS26
REDUCTION GOALS, THE EXECUTIVE DIRECTOR SHALL PROPOSE TO THE27
1161
-43- COMMISSION RULES TO BRING THE EMISSION LEVELS IN LINE WITH THE1
REDUCTION GOALS. THE EXECUTIVE DIRECTOR SHALL ENSURE THAT SUCH2
RULES:3
(a) TAKE INTO ACCOUNT ANY EMISSION STANDARDS THAT ARE IN4
EFFECT OR UNDER DEVELOPMENT IN OTHER JURISDICTIONS OR AT THE5
FEDERAL LEVEL FOR NEW WATER HEATERS AND FAN-TYPE CENTRAL6
FURNACES;7
(b) TAKE INTO ACCOUNT INPUT FROM MAJOR MANUFACTURERS OF8
WATER HEATERS, FAN-TYPE CENTRAL FURNACES, AND OTHER RELEVANT9
EQUIPMENT;10
(c) CONSIDER WHETHER EMISSIONS STANDARDS FOR ADDITIONAL11
TYPES OF RESIDENTIAL AND COMMERCIAL HEATING AND WATER HEATING12
EQUIPMENT ARE APPROPRIATE AND NECESSARY TO MEET THE GREE NHOUSE13
GAS EMISSION REDUCTION TARGETS DESCRIBED IN SECTION 25-7-10214
(2)(g);15
(d) ARE ACHIEVABLE WITH AVAILABLE TECHNOLOGY ; AND16
(e) DO NOT PLACE AN UNDUE COST BURDEN ON CONSUMERS .17
25-7-1507. Enforcement - verifications of compliance - civil18
action by attorney general - penalties. (1) THE EXECUTIVE DIRECTOR19
SHALL:20
(a) VERIFY MAJOR RETAILERS' AND DISTRIBUTORS' COMPLIANCE21
WITH THE PROVISIONS OF THIS PART 15 THROUGH ONLINE SPOT-CHECKS,22
COORDINATION WITH OTHER STATES THAT HAVE SIMILAR STANDARDS, OR23
BOTH;24
(b) CONDUCT SUCH VERIFICATIONS AT LEAST ONCE BEFORE25
JANUARY 1, 2027, AND AGAIN AT LEAST ONCE BEFORE JANUARY 1, 2032;26
(c) DELIVER A REPORT ON THE METHOD AND FINDINGS OF THE27
1161
-44- VERIFICATIONS TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE1
HOUSE OF REPRESENTATIVES AND TO THE TRANSPORTATION AND ENERGY2
COMMITTEE OF THE SENATE, OR TO ANY SUCCESSOR COMMITTEES , AND3
POST THE REPORT TO THE DEPARTMENT OF PUBLIC HEALTH AND4
ENVIRONMENT'S WEBSITE WITHIN ONE MONTH AFTER ITS COMPLETION;5
AND6
(d) DELIVER ANY FINDINGS OF VIOLATIONS TO THE ATTORNEY7
GENERAL.8
(2) O
N OR BEFORE JANUARY 1,
2025, THE EXECUTIVE DIRECTOR9
SHALL ESTABLISH A PROCESS WHEREBY INDIVIDUALS MAY ANONYMOUSLY10
REPORT POTENTIAL VIOLATIONS OF THIS PART 15 ON THE DEPARTMENT OF11
PUBLIC HEALTH AND ENVIRONMENT 'S PUBLIC WEBSITE. THE EXECUTIVE12
DIRECTOR SHALL INVESTIGATE ANY SUCH REPORTED POTENTIAL13
VIOLATION AND SHALL REPORT ANY CONFIRMED VIOLATIONS TO THE14
ATTORNEY GENERAL.15
(3) (a) I
F THE ATTORNEY GENERAL HAS PROBABLE CAUSE TO16
BELIEVE THAT ANY PERSON OR GROUP OF PERSONS HAS VIOLATED OR17
CAUSED ANOTHER PERSON TO VIOLATE SECTION 25-7-1504 OR 25-7-1505,18
THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION ON BEHALF OF THE19
STATE TO SEEK THE IMPOSITION OF CIVIL PENALTIES AS SPECIFIED IN THIS20
SUBSECTION (3). ANY PERSON WHO KNOWINGLY VIOLATES OR CAUSES21
ANOTHER PERSON TO VIOLATE SECTION 25-7-1504 OR 25-7-1505 SHALL22
PAY A CIVIL PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS FOR23
EACH VIOLATION, WHICH AMOUNT SHALL BE TRANSFERRED TO THE STATE24
TREASURER TO BE CREDITED TO THE ENERGY FUND CREATED IN SECTION25
24-38.5-102.4.26
(b) F
OR PURPOSES OF SUBSECTION (3)(a) OF THIS SECTION:27
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INVOLVED CONSTITUTES A SEPARATE VIOLATION ; EXCEPT THAT THE2
MAXIMUM CIVIL PENALTY PER PERSON SHALL NOT EXCEED FIVE HUNDRED3
THOUSAND DOLLARS FOR ANY RELATED SERIES OF VIOLATIONS ; AND4
(II) A
COURT SHALL NOT IMPOSE A FINE AGAINST A5
NONMANAGERIAL EMPLOYEE OF A CONTRACTOR THAT INSTALLS , REPAIRS,6
OR REPLACES
WATER HEATERS OR FAN-TYPE CENTRAL FURNACES AND7
COLLECTS FROM CUSTOMERS AN AMOUNT REPRESENTING BOTH PARTS AND8
LABOR.9
SECTION 10. In Colorado Revised Statutes, 24-38.5-102.4,10
amend (1)(a)(I) as follows:11
24-38.5-102.4. Energy fund - creation - use of fund -12
definitions - report - repeal. (1) (a) (I) The energy fund is hereby13
created in the state treasury. The principal of the fund consists of money14
transferred to the fund from the general fund; money transferred to the15
fund at the end of the 2006-07 state fiscal year and at the end of each16
succeeding state fiscal year from money received by the Colorado energy17
office; money received pursuant to the federal "American Recovery and18
Reinvestment Act of 2009", Pub.L. 111-5, or any amendments thereto; or19
from MONEY RECEIVED PURSUANT TO revenue contracts, court settlement20
funds, supplemental environmental program funds,
OR THE repayment or21
return of funds from eligible public depositories;
MONEY TRANSFERRED22
TO THE FUND PURSUANT TO SECTIONS 6-7.5-110 (2)(a), 25-5-1406 (3)(a),23
AND 25-7-1507 (3)(a); and
MONEY RECEIVED AS gifts, grants, and24
donations; and any other money received by the Colorado energy office.25
Interest and income earned on the deposit and investment of money in the26
energy fund are credited to the fund. Money in the fund at the end of any27
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general fund or any other fund. Money in the fund may not be transferred2
to the innovative energy fund created in section 24-38.5-102.5.3
SECTION 11. In Colorado Revised Statutes, 38-35.7-109,4
amend (1)(c) as follows:5
38-35.7-109. Electric vehicle charging and heating systems -6
options - definitions. (1) (c) A person that builds a new residence for7
which a buyer is under contract shall offer the buyer pricing, energy8
efficiency, and utility bill information for each natural gas, electric, or9
other option available from and information pertaining to those options10
from the federal Energy Star program, as defined in section 6-7.5-10211
(15) (24), or similar information about energy efficiency and utilization12
reasonably available to the person building the residence.13
SECTION 12. In Colorado Revised Statutes, 40-3.2-109, amend14
(2)(b)(V) as follows:15
40-3.2-109. Beneficial electrification plans for electric utilities16
- definition - rules - recovery of costs - report. (2) (b) On or before17
July 1, 2022, and thereafter as directed by the commission, but no less18
frequently than every three years, an investor-owned electric utility shall19
file with the commission an application for a beneficial electrification20
plan for regulated activities to support beneficial electrification.21
Beneficial electrification plans may be combined with other demand-side22
management strategic issues or transportation electrification plans, as23
applicable, but a beneficial electrification plan must, at a minimum:24
(V) Include incentives to facilitate beneficial electrification, with25
programs targeted toward new and existing building markets. Products26
eligible for incentives must be certified under the federal Energy Star27
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program if that certification is available, in product categories for which2
such certification exists.3
SECTION 13. Severability. If any provision of this act or the4
application of this act to any person or circumstance is held invalid, such5
invalidity does not affect other provisions or applications of the act that6
can be given effect without the invalid provision or application, and to7
this end the provisions of this act are declared to be severable.8
SECTION 14. Appropriation. (1) For the 2023-24 state fiscal9
year, $49,730 is appropriated to the department of public health and10
environment. This appropriation is from the general fund. To implement11
this act, the department may use this appropriation as follows:12
(a) $5,848 for use by the division of environmental health and13
sustainability for administration and support, which amount is based on14
an assumption that the division will require an additional 0.1 FTE; and15
(b) $43,882 for the purchase of legal services.16
(2) For the 2023-24 state fiscal year, $43,882 is appropriated to17
the department of law. This appropriation is from reappropriated funds18
received from the department of public health and environment under19
subsection (1)(b) of this section and is based on an assumption that the20
department of law will require an additional 0.2 FTE. To implement this21
act, the department of law may use this appropriation to provide legal22
services for the department of public health and environment.23
SECTION 15. Act subject to petition - effective date. This act24
takes effect at 12:01 a.m. on the day following the expiration of the25
ninety-day period after final adjournment of the general assembly; except26
that, if a referendum petition is filed pursuant to section 1 (3) of article V27
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act within such period, then the act, item, section, or part will not take2
effect unless approved by the people at the general election to be held in3
November 2024 and, in such case, will take effect on the date of the4
official declaration of the vote thereon by the governor.5
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