HOUSE BILL 23-1161
BY REPRESENTATIVE(S) 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;
also SENATOR(S) Cutter and Winter F., Priola, Buckner, Fields, Gonzales,
Hansen, Jaquez Lewis, Moreno, Fenberg.
C
ONCERNING ENVIRONMENTAL STANDARDS FOR CERTAIN PRODUCTS , AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, amend 6-7.5-102 as
follows:
6-7.5-102. Definitions. As used in this article 7.5, unless the context
otherwise requires
AND EXCEPT AS DETERMINED BY RULE PURSUANT TO
SECTION
6-7.5-106 (1):
(1) "Air compressor" means a compressor that:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (a) Is designed to compress air;
(b) Has an inlet that is open to the atmosphere or other source of air;
and
(c) Consists of a compression element, also known as a bare
compressor; one or more drivers; mechanical equipment to drive the
compression element; and any ancillary equipment "AIR PURIFIER" OR
"ROOM AIR CLEANER" MEANS AN ELECTRIC, CORD-CONNECTED, PORTABLE
APPLIANCE THAT HAS THE PRIMARY FUNCTION OF REMOVING PARTICULATE
MATTER FROM THE AIR
.
(2) "AHRI
1430" MEANS THE AIR-CONDITIONING, HEATING, AND
REFRIGERATION INSTITUTE STANDARD FOR DEMAND FLEXIBLE ELECTRIC
STORAGE WATER HEATERS
.
(2)
(3) "ANSI" means the American National Standards Institute or
its successor organization.
(4) "ANSI/APSP/ICC-14"
MEANS THE ANSI STANDARD FOR
PORTABLE ELECTRIC SPA ENERGY EFFICIENCY
.
(5) "ANSI
C78.81" MEANS THE ANSI STANDARD FOR "ELECTRIC
LAMPS - DOUBLE-CAPPED FLUORESCENT LAMPS - DIMENSIONAL AND
ELECTRICAL CHARACTERISTICS".
(6) "ANSI
C78.901" MEANS THE ANSI STANDARD FOR "ELECTRIC
LAMPS - SINGLE-BASED FLUORESCENT LAMPS - DIMENSIONAL AND
ELECTRICAL CHARACTERISTICS".
(3)
(7) "ANSI C79.1-2002" "ANSI C79.1" means the ANSI standard
for "Electric Lamps - Nomenclature for Glass Bulbs Intended for Use with
Electric Lamps". approved September 16, 2002.
(4) (8) "APSP" means the Association of Pool and Spa Professionals
or its successor organization.
(5) (9) "CCR" means the California code of regulations, as
amended.
PAGE 2-HOUSE BILL 23-1161 (10) "CHECK VALVE" MEANS A COMPONENT THAT IS INTERNAL TO A
SPRAY SPRINKLER BODY AND PREVENTS SYSTEM DRAINAGE DURING PERIODS
OF NONOPERATION
.
(6) "Cold-only unit" means a water cooler that dispenses cold water
only.
(11) "COLD-TEMPERATURE FLUORESCENT LAMP " MEANS A
FLUORESCENT LAMP THAT
:
(a) I
S NOT A COMPACT FLUORESCENT LAMP ;
(b) I
S SPECIFICALLY DESIGNED TO START AT A TEMPERATURE OF
TWENTY DEGREES BELOW ZERO
FAHRENHEIT WHEN USED WITH A BALLAST
CONFORMING TO THE REQUIREMENTS OF
ANSI C78.81 AND ANSI C78.901;
AND
(c) IS EXPRESSLY DESIGNATED AS A COLD-TEMPERATURE LAMP BOTH
IN MARKINGS ON THE LAMP AND IN MARKETING MATERIALS SUCH AS
CATALOGS
, SALES LITERATURE, AND PROMOTIONAL MATERIAL .
(7)
(12) "Commercial dishwasher" means a machine designed to
clean and sanitize plates, pots, pans, glasses, cups, bowls, utensils, and trays
by applying sprays of detergent solution, with or without blasting media
granules, and a sanitizing rinse.
(8)
(13) "Commercial fryer" means an appliance, including a
cooking vessel, in which:
(a) Oil is placed to such a depth that the food to be cooked is
essentially supported by displacement of the cooking fluid rather than by the
bottom of the vessel; and
(b) Heat is delivered to the cooking fluid by means of either:
(I) An immersed electric element or band-wrapped vessel; or
(II) Heat transfer from gas burners through either the walls of the
vessel or tubes passing through the cooking fluid.
PAGE 3-HOUSE BILL 23-1161 (9) (14) "Commercial hot food holding cabinet" means a heated,
fully enclosed compartment with one or more solid or transparent doors
designed to maintain the temperature of hot food that has been cooked using
a separate appliance. "Commercial hot food holding cabinet" does not
include heated glass merchandising cabinets, drawer warmers, or cook and
hold appliances.
(15) "C
OMMERCIAL OVEN" MEANS A CHAMBER DESIGNED FOR
HEATING
, ROASTING, OR BAKING FOOD BY CONDUCTION , CONVECTION,
RADIATION, OR ELECTROMAGNETIC ENERGY .
(10) (16) "Commercial steam cooker" means a device with one or
more food-steaming compartments in which thermal energy is transferred
from the steam to the food by direct contact. "Commercial steam cooker"
includes countertop models, wall-mounted models, and floor models
mounted on a stand, pedestal, or cabinet-style base.
(17) "C
OMPACT FLUORESCENT LAMP " MEANS A FLUORESCENT LAMP
THAT INCLUDES
:
(a) A
TUBE THAT IS CURVED OR FOLDED TO FIT THE SIZE OF A
TRADITIONAL HOUSEHOLD LIGHT BULB
; AND
(b) A COMPACT ELECTRONIC BALLAST IN THE BASE OF THE LAMP .
(11)
(18) "Compensation" means money or any other thing of value,
regardless of form, received or to be received by a person for goods or
services rendered.
(12) "Compressor" means a machine or apparatus that converts
different types of energy into the potential energy of gas pressure for
displacement and compression of gaseous media to any higher pressure
values above atmospheric pressure and has a pressure ratio at full-load
operating pressure greater than 1.3 atmospheres.
(13) (19) "Computer" and "computer monitor" have the meanings
set forth in 20 CCR sec. 1602 (v).
(14) "Cook and cold unit" means a water cooler that dispenses both
cold and room-temperature water.
PAGE 4-HOUSE BILL 23-1161 (20) "CTA" MEANS THE CONSUMER TECHNOLOGY ASSOCIATION, OR
A SUCCESSOR ORGANIZATION
.
(21) "D
ECORATIVE GAS FIREPLACE" MEANS A VENTED FIREPLACE,
INCLUDING A UNIT THAT IS FREESTANDING, RECESSED, OR ZERO CLEARANCE,
OR A GAS FIREPLACE INSERT THAT IS:
(a) F
UELED BY NATURAL GAS OR PROPANE ;
(b) M
ARKED OR INTENDED FOR DECORATIVE USE ONLY ; AND
(c) NOT EQUIPPED WITH A THERMOSTAT OR INTENDED FOR USE AS A
HEATER
.
(22) "E
LECTRIC STORAGE WATER HEATER " MEANS A CONSUMER
PRODUCT THAT
:
(a) U
SES ELECTRICITY TO HEAT DOMESTIC POTABLE WATER ;
(b) H
AS A NAMEPLATE INPUT RATING OF TWELVE KILOWATTS OR
LESS
;
(c) H
AS A RATED HOT WATER STORAGE CAPACITY BETWEEN FORTY
AND ONE HUNDRED TWENTY GALLONS
; AND
(d) DELIVERS HOT WATER AT A MAXIMUM TEMPERATURE OF LESS
THAN ONE HUNDRED EIGHTY DEGREES
FAHRENHEIT.
(23) (a) "E
LECTRIC VEHICLE SUPPLY EQUIPMENT " MEANS
CONDUCTORS
, INCLUDING UNGROUNDED , GROUNDED , AND
EQUIPMENT
-GROUNDING CONDUCTORS ; ELECTRIC VEHICLE CONNECTORS ;
ATTACHMENT PLUGS; AND ALL OTHER FITTINGS, DEVICES, POWER OUTLETS,
OR APPARATUSES INSTALLED SPECIFICALLY FOR THE PURPOSE OF DELIVERING
ENERGY FROM THE WIRING OF A PREMISES TO AN ELECTRIC VEHICLE
.
(b) "E
LECTRIC VEHICLE SUPPLY EQUIPMENT " DOES NOT INCLUDE A
CONDUCTOR
, CONNECTOR, OR FITTING THAT IS PART OF A VEHICLE.
(15)
(24) "Energy Star program" means the federal program
authorized by 42 U.S.C. sec. 6294a, as amended.
PAGE 5-HOUSE BILL 23-1161 (16) (25) "Executive director" means the executive director of the
department of public health and environment or the executive director's
designee.
(17)
(26) "Faucet" means:
(a) A
PUBLIC OR PRIVATE lavatory faucet, RESIDENTIAL kitchen
faucet,
OR metering faucet; or public lavatory faucet; and
OR
(b) A replacement aerator for a PUBLIC OR PRIVATE lavatory faucet
public lavatory faucet, or RESIDENTIAL kitchen faucet.
(18) (27) "Flushometer-valve water closet" means a type of
commercial toilet that uses a valve for flushing by operation of a handle that
discharges a definite quantity of water under pressure directly into the
fixture.
(28) "G
AS FIREPLACE" MEANS A DECORATIVE GAS FIREPLACE OR A
HEATING GAS FIREPLACE
.
(29) "G
AS LOG SET" MEANS A FIREPLACE PRODUCT DESIGNED TO BE
USED AND INSTALLED IN A WORKING MASONRY OR FACTORY
-BUILT
WOOD
-BURNING FIREPLACE AND VENTED THR OUGH A CHIMNEY BY NATURAL
DRAFTING OR POWER VENTING
.
(19) "General service lamp":
(a) Means a lamp that:
(I) Has a base that complies with ANSI standards;
(II) Is able to operate at a voltage:
(A) Of twelve or twenty-four volts;
(B) At or between one hundred and one hundred thirty volts;
(C) At or between two hundred twenty and two hundred forty volts;
or
PAGE 6-HOUSE BILL 23-1161 (D) Of two hundred seventy-seven volts for integrated lamps or any
voltage for nonintegrated lamps;
(III) Has an initial lumen output greater than or equal to three
hundred ten lumens, or two hundred thirty-two lumens for modified
spectrum general service incandescent lamps, and less than or equal to three
thousand three hundred lumens;
(IV) Is not a light fixture or an LED downlight retrofit kit; and
(V) Is used in general lighting applications;
(b) Includes general service incandescent lamps, compact
fluorescent lamps, general service LED lamps, and general service organic
LED lamps;
(c) Does not include:
(I) Appliance lamps;
(II) Black light lamps;
(III) Bug lamps;
(IV) Colored lamps;
(V) G-shape lamps with a diameter of five inches or more as defined
in ANSI C79.1-2002;
(VI) General service fluorescent lamps;
(VII) High-intensity discharge lamps;
(VIII) Infrared lamps;
(IX) J, JC, JCD, JCS, JCV, JCX, JD, JS, and JT-shape lamps that do
not have Edison screw bases;
(X) Lamps that have a wedge base or prefocus base;
PAGE 7-HOUSE BILL 23-1161 (XI) Left-hand thread lamps;
(XII) Marine lamps;
(XIII) Marine signal service lamps;
(XIV) Mine service lamps;
(XV) MR-shape lamps that:
(A) Have a first number symbol equal to sixteen (diameter equal to
two inches), as defined in ANSI C79.1-2002;
(B) Operate at twelve volts; and
(C) Have a lumen output greater than or equal to eight hundred;
(XVI) Other fluorescent lamps not described in subsection (19)(b)
of this section;
(XVII) Plant light lamps;
(XVIII) R20 short lamps;
(XIX) Reflector lamps that have a first number symbol less than
sixteen (diameter less than two inches) as defined in ANSI C79.1-2002 and
that do not have E26/E24, E26d, E26/50x39, E26/53x39, E29/28,
E29/53x39, E39, E39d, EP39, or EX39 bases;
(XX) S-shape or G-shape lamps that have a first number symbol less
than or equal to twelve and one-half (diameter less than or equal to 1.5625
inches) as defined in ANSI C79.1-2002;
(XXI) Sign service lamps;
(XXII) Silver bowl lamps;
(XXIII) Showcase lamps;
(XXIV) Specialty MR lamps;
PAGE 8-HOUSE BILL 23-1161 (XXV) T-shape lamps that:
(A) Have a first number symbol less than or equal to eight (diameter
less than or equal to one inch), as defined in ANSI C79.1-2002;
(B) Have a nominal overall length less than twelve inches; and
(C) Are not compact fluorescent lamps; or
(XXVI) Traffic signal lamps.
(20) (30) "GPM" means gallons per minute.
(31) "H
ANDHELD SHOWERHEAD " MEANS A SHOWERHEAD THAT IS
CONNECTED TO A FLEXIBLE HOSE AND CAN BE HELD OR FIXED IN PLACE FOR
THE PURPOSE OF SPRAYING WATER ON A BATHER
.
(32) "H
EATING GAS FIREPLACE" MEANS A VENTED FIREPLACE ,
INCLUDING A UNIT THAT IS FREESTANDING, RECESSED, OR ZERO CLEARANCE
OR A FIREPLACE INSERT
, THAT IS:
(a) F
UELED BY NATURAL GAS OR PROPANE ; AND
(b) NOT A DECORATIVE GAS FIREPLACE.
(21)
(33) "High color rendering index (CRI) CRI fluorescent lamp"
means a fluorescent lamp with a CRI COLOR RENDERING INDEX of
eighty-seven or greater that is not a compact fluorescent lamp.
(22) "Hot and cold unit" means a water cooler that dispenses both
hot and cold water. It may also dispense room-temperature water.
(23) (34) "ICC" means the International Code Council or its
successor organization.
(35) "I
MPACT-RESISTANT FLUORESCENT LAMP " MEANS A
FLUORESCENT LAMP THAT
:
(a) I
S NOT A COMPACT FLUORESCENT LAMP ;
PAGE 9-HOUSE BILL 23-1161 (b) HAS A COATING OR EQUIVALENT TECHNOLOGY THAT IS
COMPLIANT WITH
NSF/ANSI 51 AND IS DESIGNED TO CONTAIN THE GLASS
IF THE GLASS ENVELOPE OF THE LAMP IS BROKEN
; AND
(c) IS DESIGNATED AND MARKETED FOR THE INTENDED APPLICATION ,
WITH:
(I) T
HE DESIGNATION APPEARING ON THE LAMP PACKAGING ; AND
(II) MARKETING MATERIALS THAT IDENTIFY THE LAMP AS BEING
IMPACT
-RESISTANT, SHATTER-RESISTANT, SHATTERPROOF , OR
SHATTER
-PROTECTED.
(36) "I
NDUSTRIAL AIR PURIFIER" MEANS AN INDOOR AIR CLEANING
DEVICE THAT IS
:
(a) M
ANUFACTURED, ADVERTISED, MARKETED, LABELED, AND USED
SOLELY FOR INDUSTRIAL PURPOSES
;
(b) M
ARKETED SOLELY THROUGH INDUSTRIAL SUPPLY OUTLETS OR
BUSINESSES
; AND
(c) PROMINENTLY LABELED AS "SOLELY FOR INDUSTRIAL USE .
P
OTENTIAL HEALTH HAZARD : EMITS OZONE."
(37) "I
NLINE RESIDENTIAL VENTILATING FAN" MEANS A VENTILATING
FAN THAT IS LOCATED WITHIN THE STRUCTURE OF A BUILDING AND REQUIRES
DUCTWORK ON BOTH THE INLET AND THE OUTLET
.
(38) "I
RRIGATION CONTROLLER " MEANS A STANDALONE
CONTROLLER
, AN ADD-ON DEVICE, OR A PLUG-IN DEVICE THAT IS USED TO
OPERATE AN AUTOMATIC IRRIGATION SYSTEM SUCH AS A LAWN SPRINKLER
OR DRIP IRRIGATION SYSTEM DESIGNED AND INTENDED FOR
NONAGRICULTURAL PURPOSES
. "IRRIGATION CONTROLLER" INCLUDES:
(a) A
SOIL MOISTURE-BASED IRRIGATION CONTROLLER THAT INHIBITS
OR ALLOWS AN IRRIGATION EVENT BASED ON A READING FROM A SOIL
MOISTURE SENSOR MECHANISM
; AND
(b) A WEATHER-BASED IRRIGATION CONTROLLER THAT USES
PAGE 10-HOUSE BILL 23-1161 CURRENT WEATHER DATA AS A BASIS FOR SCHEDULING IRRIGATION .
(24) (39) (a) "Lamp" means a device that emits light and is used to
illuminate an indoor or outdoor space.
(b) "Lamp" does not include a heat lamp.
(25)
(40) "LED" means light-emitting diode.
(26) "Low-efficiency plumbing fixture" means any of the following
plumbing fixtures or fittings that is not a WaterSense-listed plumbing
fixture:
(a) A lavatory faucet;
(b) A shower head;
(c) A flushing urinal;
(d) A flushometer-valve water closet; or
(e) A tank-type toilet or tank-type water closet.
(27) (41) "Metering faucet" means a fitting that, when turned on,
will gradually shut off the flow of water over a period of several seconds
SELF-CLOSING FAUCET THAT DISPENSES A SPECIFIC VOLUME OF WATER FOR
EACH ACTUATION CYCLE AND FOR WHICH THE VOLUME OR CYCLE DURATION
MAY BE FIXED OR ADJUSTABLE
.
(28) "NEMA" means the National Electrical Manufacturers
Association or its successor organization.
(42) "NSF" MEANS NSF INTERNATIONAL, FORMERLY KNOWN AS THE
NATIONAL SANITATION FOUNDATION.
(43) "NSF/ANSI
51" MEANS THE NSF/ANSI 51 STANDARD FOR
FOOD EQUIPMENT MATERIALS
.
(44) "P
LUMBING FIXTURE" MEANS AN EXCHANGEABLE DEVICE THAT
CONNECTS TO A PLUMBING SYSTEM TO DELIVER WATER OR DRAIN WATER
PAGE 11-HOUSE BILL 23-1161 AND WASTE.
(29) (45) "Portable air conditioner" means a portable encased
assembly, other than a packaged terminal air conditioner, ductless portable
air conditioner, room air conditioner, or dehumidifier, that:
(a) Delivers cooled, conditioned air to an enclosed space;
(b) Is powered by single-phase electric current;
(c) Includes a source of refrigeration;
(d) May be a single-duct or dual-duct portable air conditioner; and
(e) May include additional means for air circulation and heating.
(30)
(46) "Portable electric spa" means a factory-built electric spa
or hot tub It THAT may or may not include any combination of integral
controls, water heating, and water circulating equipment.
(31) (47) "Pressure regulator" means a device that maintains
constant operating pressure immediately downstream from a spray sprinkler
body, given higher pressure upstream of the device.
(48) "P
RIVATE LAVATORY FAUCET " MEANS A BATHROOM FAUCET
THAT
, AS INSTALLED, IS NOT IN A LOCATION THAT IS AVAILABLE TO THE
PUBLIC
, INCLUDING A LAVATORY FAUCET IN A PRIVATE RESIDENCE .
(49) "P
ROGRAMMABLE THERMOSTAT " MEANS A THERMOSTAT THAT:
(a) C
ONTROLS A PRIMARY HEATING OR COOLING SYSTEM ON A DAILY
SCHEDULE TO MAINTAIN DIFFERENT TEMPERATURES DURING CERTAIN TIMES
OF DAY AND DAYS OF THE WEEK
; AND
(b) HAS THE CAPABILITY TO MAINTAIN ZONE TEMPERATURES
BETWEEN FIFTY
-FIVE DEGREES FAHRENHEIT AND EIGHTY -FIVE DEGREES
FAHRENHEIT.
(32)
(50) "PSI" means pounds per square inch.
PAGE 12-HOUSE BILL 23-1161 (33) (51) "Public lavatory faucet" means a fitting designed and
marketed for installation in a nonresidential bathroom, which bathroom is
exposed to walk-in traffic.
(34)
(52) "Replacement aerator" means an aerator sold as a
replacement, separate from the faucet to which it is intended to be attached.
(53) "R
ESIDENTIAL BUILDING" MEANS A STRUCTURE THAT IS USED
PRIMARILY FOR LIVING AND SLEEPING AND THAT IS ZONED AS RESIDENTIAL
OR OTHERWISE SUBJECT TO RESIDENTIAL BUILDING CODES
. FOR THE
PURPOSES OF RESIDENTIAL WINDOWS
, DOORS, AND SKYLIGHTS, "RESIDENTIAL
BUILDING
" MEANS A BUILDING THAT IS THREE STORIES OR LESS IN HEIGHT .
(54) "R
ESIDENTIAL DOOR" MEANS A SLIDING OR SWINGING ENTRY
SYSTEM THAT IS INSTALLED OR DESIGNED FOR INSTALLATION IN A VERTICAL
WALL SEPARATING CONDITIONED AND UNCONDITIONED SPACE IN A
RESIDENTIAL BUILDING
.
(55) "R
ESIDENTIAL KITCHEN FAUCET " MEANS A FAUCET IN A
KITCHEN OF A RESIDENTIAL BUILDING
.
(56) "R
ESIDENTIAL SKYLIGHT" MEANS A WINDOW THAT IS DESIGNED
FOR SLOPED OR HORIZONTAL APPLICATION IN THE ROOF OF A RESIDENTIAL
BUILDING
, THE PRIMARY PURPOSE OF WHICH WINDOW IS TO PROVIDE
DAYLIGHT OR VENTILATION
. "RESIDENTIAL SKYLIGHT" INCLUDES A TUBULAR
DAYLIGHTING DEVICE
.
(35)
(57) "Residential ventilating fan" means an A
CEILING
-MOUNTED, A WALL-MOUNTED, OR AN inline RESIDENTIAL fan THAT
IS
designed to be used in a bathroom or A utility room and whose purpose
is to move FOR THE PURPOSE OF MOVING air from inside the A RESIDENTIAL
building to the outdoors. It may be ceiling-mounted, wall-mounted, or
remotely mounted.
(58) (a) "RESIDENTIAL WINDOW" MEANS AN ASSEMBLED UNIT THAT:
(I) C
ONSISTS OF A FRAME THAT HOLDS ONE OR MORE PIECES OF
GLASS OR OTHER GLAZING MATERIAL THAT ADMITS LIGHT OR AIR INTO AN
ENCLOSURE
; AND
PAGE 13-HOUSE BILL 23-1161 (II) IS DESIGNED FOR INSTALLATION AT A SLOPE OF AT LEAST SIXTY
DEGREES FROM HORIZONTAL IN AN EXTERNAL WALL OF A RESIDENTIAL
BUILDING
.
(b) "R
ESIDENTIAL WINDOW" INCLUDES A TRANSOM WINDOW BUT
DOES NOT INCLUDE A RESIDENTIAL SKYLIGHT
.
(59) "S
HOWERHEAD" MEANS A DEVICE THROUGH WHICH WATER IS
DISCHARGED FOR A SHOWER BATH
. "SHOWERHEAD" INCLUDES A HANDHELD
SHOWERHEAD BUT DOES NOT INCLUDE AN EMERGENCY SHOWERHEAD SUCH
AS A SHOWERHEAD USED IN A LABORATORY OR INDUSTRIAL SETTING
.
(60) "S
HOWERHEAD TUB SPOUT DIVERTER COMBINATION " MEANS A
CONTROL VALVE
, TUB SPOUT DIVERTER, AND SHOWERHEAD THAT ARE SOLD
TOGETHER AS A MATCHED SET
.
(61) "S
MART THERMOSTAT" MEANS A THERMOSTAT THAT :
(a) I
S ENABLED FOR WIRELESS CONNECTIVITY ;
(b) A
LLOWS THE USER TO CONTROL HOME HEATING AND COOLING
TEMPERATURE SETTINGS FROM A COMPUTER OR FROM A PHONE
, A TABLET,
OR ANOTHER COMPUTER -ENABLED DEVICE; AND
(c) CAN AUTOMATICALLY ADJUST HEATING AND COOLING
TEMPERATURE SETTINGS BASED ON USER PREFERENCES
, DAILY SCHEDULES,
WEATHER CONDITIONS, OCCUPANCY, OR OPTIMAL ENERGY SAVINGS.
(36)
(62) "Spray sprinkler body" means the exterior case or shell of
a sprinkler
DESIGNED AND INTENDED FOR NONAGRICULTURAL USES , which
case or shell:
(a) Incorporates a means of connection to the piping system; and
(b) Is designed to convey water to a nozzle or orifice.
(63) "T
UB SPOUT DIVERTER" MEANS A DEVICE THAT IS DESIGNED TO
DIVERT THE FLOW OF WATER INTO A BATHTUB SO THE WATER DISCHARGES
THROUGH A SHOWERHEAD
.
PAGE 14-HOUSE BILL 23-1161 (64) "TUBULAR DAYLIGHTING DEVICE " MEANS A BUILDING
COMPONENT THAT RECEIVES DAYLIGHT IN A ROOFTOP DOME AND TRANSFERS
THE DAYLIGHT INDOORS THROUGH A HIGHLY REFLECTIVE TUBE
.
(37) "Uninterruptible power supply" means a power system for
maintaining continuity of load power in case of input power failure. It may
consist of a combination of one or more battery chargers, convertors,
switches, and batteries or other energy storage devices.
(65) "URINAL" MEANS A PLUMBING FIXTURE THAT RECEIVES LIQUID
BODY WASTE AND CONVEYS THE WASTE THROUGH A TRAP SEAL INTO A
GRAVITY DRAINAGE SYSTEM
.
(66) "W
ATER CLOSET" MEANS A PLUMBING FIXTURE THAT HAS A
WATER
-CONTAINING RECEPTOR THAT RECEIVES LIQUID AND SOLID BODY
WASTE THROUGH AN EXPOSED INTEGRAL TRAP AND C ONVEYS THE WASTE
INTO A DRAINAGE SYSTEM
. "WATER CLOSET" INCLUDES BOTH TANK-TYPE
AND FLUSHOMETER
-VALVE WATER CLOSETS.
(38)
(67) "Water cooler" means a freestanding device that consumes
energy to cool or heat, or both cool and heat, potable water. "W
ATER
COOLER
" INCLUDES:
(a) A
COLD-ONLY UNIT THAT DISPENSES ONLY COLD WATER ;
(b) A
HOT-AND-COLD UNIT THAT DISPENSES BOTH HOT AND COLD
WATER AND
, IN SOME MODELS, ALSO ROOM TEMPERATURE WATER ;
(c) A
COOK-AND-COLD UNIT THAT DISPENSES BOTH ROOM
TEMPERATURE AND COLD WATER
;
(d) A
STORAGE-TYPE UNIT THAT INSTANTANEOUSLY DELIVERS
WATER FROM A STORAGE TANK WITHIN THE UNIT
, INCLUDING POINT-OF-USE,
DRY STORAGE COMPARTMENT , AND BOTTLED WATER COOLERS ; AND
(e) AN ON-DEMAND UNIT THAT HEATS WATER AS IT IS REQUESTED ,
TYPICALLY WITHIN A FEW MINUTES.
(39)
(68) "WaterSense-listed plumbing fixture" means a plumbing
fixture or plumbing fixture fitting that has been:
PAGE 15-HOUSE BILL 23-1161 (a) Tested by an accredited third-party certifying body or laboratory
in accordance with the federal environmental protection agency's
WaterSense program or a successor program;
(b) Certified by the body or laboratory as meeting the performance
and efficiency requirements of the WaterSense program; and
(c) Authorized by the WaterSense program to use its label.
(40)
(69) "WaterSense program" means the federal program
authorized by 42 U.S.C. sec. 6294b.
SECTION 2. In Colorado Revised Statutes, repeal 6-7.5-103 as
follows:
6-7.5-103. Low-efficiency plumbing fixtures. (1) (a) Effective
September 1, 2019, a person shall not sell a new low-efficiency plumbing
fixture, other than a flushometer-valve water closet, in Colorado.
(b) Effective January 1, 2021, a person shall not sell a new
low-efficiency flushometer-valve water closet in Colorado.
(2) This section does not preempt any action of a municipality,
county, or city and county that prescribes additional or more restrictive
water conservation or energy efficiency requirements affecting the sale or
use of plumbing fixtures, appliances, or other products if the requirements
comply with the standard specified in subsection (1) of this section.
SECTION 3. In Colorado Revised Statutes, 6-7.5-104, amend
(1)(i), (1)(o), (1)(p), and (2)(c); repeal (1)(a) and (1)(h); and add (1)(a.3),
(1)(a.6), (1)(d.5), (1)(f.2), (1)(f.5), (1)(j.5), (1)(j.7), (1)(l.4), (1)(l.6),
(1)(m.6), (1)(m.8), (1)(o.2), (1)(o.4), (1)(o.6), (1)(q), and (4) as follows:
6-7.5-104. Scope and applicability. (1) Subject to subsection (2)
of this section and as further specified in section 6-7.5-105, this article 7.5
applies to the following products sold as new in Colorado:
(a) Air compressors;
(a.3) AIR PURIFIERS;
PAGE 16-HOUSE BILL 23-1161 (a.6) COLD-TEMPERATURE FLUORESCENT LAMPS ;
(d.5) C
OMMERCIAL OVENS;
(f.2) E
LECTRIC STORAGE WATER HEATERS ;
(f.5) E
LECTRIC VEHICLE SUPPLY EQUIPMENT ;
(h) Flushometer-valve water closets;
(i) General service lamps GAS FIREPLACES;
(j.5) I
MPACT-RESISTANT FLUORESCENT LAMPS ;
(j.7) I
RRIGATION CONTROLLERS;
(l.4) R
ESIDENTIAL DOORS;
(l.6) R
ESIDENTIAL SKYLIGHTS;
(m.6) R
ESIDENTIAL WINDOWS;
(m.8) S
HOWERHEADS;
(o) Uninterruptible power supplies; and
THERMOSTATS;
(o.2) T
UB SPOUT DIVERTERS AND SHOWERHEAD TUB SPOUT DIVERTER
COMBINATIONS
;
(o.4) U
RINALS;
(o.6) W
ATER CLOSETS;
(p) Water coolers;
AND
(q) OTHER PRODUCTS AS MAY BE DESIGNATED BY THE EXECUTIVE
DIRECTOR PURSUANT TO SECTION
6-7.5-106.
(2) This article 7.5 does not apply to:
PAGE 17-HOUSE BILL 23-1161 (c) Products held in inventory on or before:
(I) The effective date of the applicable standard for each category
of product set forth in this article 7.5;
OR
(II) THE EFFECTIVE DATE FOR EACH CATEGORY OF PRODUCTS , AS
DETERMINED BY THE EXECUTIVE DIRECTOR BY RULE PURSUANT TO SECTION
6-7.5-106.
(4) T
HIS ARTICLE 7.5 DOES NOT PREEMPT ANY ACTION OF A
STATUTORY OR HOME RULE MUNICIPALITY
, COUNTY, OR CITY AND COUNTY
THAT PRESCRIBES ADDITIONAL OR MORE RESTRICTIVE WATER
CONSERVATION OR ENERGY EFFICIENCY REQUIREMENTS AFFECTING THE SALE
OR USE OF PLUMBING FIXTURES
, APPLIANCES, OR OTHER PRODUCTS IF THE
REQUIREMENTS COMPLY WITH THE STANDARDS SPECIFIED IN THIS ARTICLE
7.5.
SECTION 4. In Colorado Revised Statutes, 6-7.5-105, amend (1),
(3) introductory portion, (3)(a), (3)(b), (3)(c), (3)(d), (3)(h), (3)(i), (3)(j),
(3)(k), and (3)(m) introductory portion; repeal (2), (3)(g), (3)(l), and (4)(a);
and add (5) as follows:
6-7.5-105. Standards - effective dates - repeal. (1) The executive
director need not adopt by rule, but shall collect and make publicly available
in hard copy, through a website, or both, the federal rules and other rules
and standards referred to in this section. The references in this section are
to the rules and standards as they existed on the dates specified or, if not so
specified, as they existed on August 2, 2019, and do not include later
editions or revisions. ON AND AFTER THE EFFECTIVE DATE OF THIS
SUBSECTION
(1), AS AMENDED, A PERSON SHALL NOT SELL ANY OF THE
FOLLOWING PLUMBING FIXTURES IN
COLORADO UNLESS THEY ARE
WATERSENSE-LISTED PLUMBING FIXTURES:
(a) (I) A
PRIVATE LAVATORY FAUCET.
(II) T
HIS SUBSECTION (1)(a) IS REPEALED, EFFECTIVE JANUARY 1,
2026.
(b) A
PUBLIC LAVATORY FAUCET;
PAGE 18-HOUSE BILL 23-1161 (c) A SHOWERHEAD;
(d) (I) A
URINAL.
(II) T
HIS SUBSECTION (1)(d) IS REPEALED, EFFECTIVE JANUARY 1,
2026.
(e) A
WATER CLOSET.
(2) On or after January 1, 2020, a person shall not sell or offer for
sale in Colorado a general service lamp unless it either:
(a) Is subject to federal preemption; or
(b) Meets or exceeds a lamp efficacy of forty-five lumens per watt,
when tested in accordance with the applicable federal test procedures for
general service lamps prescribed in 10 CFR 430.23 (gg), as in effect on
January 3, 2017.
(3) On or AND after January 1, 2021, A PERSON SHALL NOT SELL,
LEASE, OR RENT ANY OF the following new products shall not be sold,
leased, or rented in Colorado unless the efficiency of the new product meets
or exceeds the following efficiency standards, as applicable:
(a) Commercial dishwashers included in the scope of the Energy
Star program requirements product specification for commercial
dishwashers version 2.0, must meet the qualification criteria of that
specification.
(b) Commercial fryers included in the scope of the Energy Star
program requirements product specification for commercial fryers version
2.0, must meet the qualification criteria of that specification.
(c) (I) Commercial hot food holding cabinets must have a maximum
idle energy rate of forty watts per cubic foot of interior volume, as
determined by the "idle energy rate-dry test" in ASTM standard F2140-11,
"Test Method for the Performance of Hot Food Holding Cabinets",
published by ASTM International, formerly known as the American Society
for Testing and Materials. Interior volume must be measured as prescribed
in the Energy Star program requirements
product specification for
PAGE 19-HOUSE BILL 23-1161 commercial hot food holding cabinets, version 2.0.
(II) T
HIS SUBSECTION (3)(c) IS REPEALED, EFFECTIVE JANUARY 1,
2026.
(d) Commercial steam cookers must meet the requirements of the
Energy Star program requirements
product specification for commercial
steam cookers. version 1.2.
(g) Flushometer-valve water closets included within the scope of the
WaterSense specification for flushometer-valve water closets, version 1.0,
must meet the water efficiency and performance criteria and other
requirements of that specification.
(h) (I) High CRI fluorescent lamps must meet the minimum efficacy
requirements contained in 10 CFR 430.32 (n)(4) as in effect on January 3,
2017, as measured in accordance with 10 CFR 430, subpart B, appendix R,
"Uniform Test Method for Measuring Average Lamp Efficacy (LE), Color
Rendering Index (CRI), and Correlated Color Temperature (CCT) of
Electric Lamps", as in effect on January 3, 2017.
(II) T
HIS SUBSECTION (3)(h) IS REPEALED, EFFECTIVE JANUARY 1,
2026.
(i) Portable electric spas must meet the requirements of the
"American National Standard for Portable Electric Spa Energy Efficiency"
ANSI/APSP/ICC-14.
(j) New residential ventilating fans must meet the
FAN MOTOR
EFFICACY
qualification criteria of the Energy Star program requirements
product specification for residential ventilating fans. version 3.2.
(k) (I) Spray sprinkler bodies that are not specifically excluded from
the scope of the WaterSense
PROGRAM PRODUCT specification for spray
sprinkler bodies, version 1.0, must include an integral pressure regulator
and must meet the water efficiency and performance criteria and other
requirements of that specification.
(II) T
HIS SUBSECTION (3)(k) IS REPEALED, EFFECTIVE JANUARY 1,
2026.
PAGE 20-HOUSE BILL 23-1161 (l) Uninterruptible power supplies that utilize a NEMA 1-15P or
5-15P input plug and have an alternating current output must have an
average load-adjusted efficiency that meets or exceeds the values shown on
page 193 of the prepublication final rule "Energy Conservation Program:
Energy Conservation Standards for Uninterruptible Power Supplies" issued
by the United States department of energy on December 28, 2016, as
measured in accordance with test procedures prescribed in 10 CFR 430,
subpart B, appendix Y, "Uniform Test Method for Measuring the Energy
Consumption of Battery Chargers", as in effect on January 11, 2017.
(m) Water coolers included in the scope of the Energy Star program
requirements product specification for water coolers version 2.0, must have
an "on" mode with no-water-draw energy consumption less than or equal
to the following values as measured in accordance with the test
requirements of that program:
(4) On or after February 1, 2022, the following new products shall
not be sold, leased, or rented in Colorado unless the efficiency of the new
product meets or exceeds the following efficiency standards, as applicable:
(a) Air compressors that meet the twelve criteria listed on page 350
to 351 of the "Energy Conservation Standards for Air Compressors" final
rule issued by the United States department of energy on December 5, 2016,
must meet the requirements in table 1 on page 352 following the
instructions on page 353 and as measured in accordance with 10 CFR 431,
subpart T, appendix A, "Uniform Test Method for Certain Air
Compressors", as in effect on July 3, 2017.
(5) ON AND AFTER JANUARY 1, 2026, A PERSON SHALL NOT SELL,
OFFER TO SELL, LEASE, OR OFFER TO LEASE ANY OF THE FOLLOWING NEW
PRODUCTS IN
COLORADO UNLESS THE EFFICIENCY OF THE NEW PRODUCT
MEETS OR EXCEEDS THE FOLLOWING EFFICIENCY STANDARDS
, AS
APPLICABLE
:
(a) A
IR PURIFIERS, EXCEPT INDUSTRIAL AIR PURIFIERS, MUST MEET
THE CERTIFICATION REQUIREMENTS OF THE
ENERGY STAR PROGRAM
PRODUCT SPECIFICATION FOR ROOM AIR CLEANERS
.
(b) C
OMMERCIAL HOT FOOD HOLDING CABINETS MUST MEET THE
QUALIFICATION CRITERIA OF THE
ENERGY STAR PROGRAM PRODUCT
PAGE 21-HOUSE BILL 23-1161 SPECIFICATION FOR COMMERCIAL HOT FOOD HOLDING CABINETS .
(c) C
OMMERCIAL OVENS INCLUDED IN THE SCOPE OF THE ENERGY
STAR PROGRAM PRODUCT SPECIFICATION FOR COMMERCIAL OVENS MUST
MEET THE QUALIFICATION CRITERIA OF THAT SPECIFICATION
.
(d) E
LECTRIC STORAGE WATER HEATERS MUST HAVE A MODULAR
DEMAND RESPONSE COMMUNICATIONS PORT COMPLIANT WITH
AHRI 1430.
(e) E
LECTRIC VEHICLE SUPPLY EQUIPMENT INCLUDED IN THE SCOPE
OF THE
ENERGY STAR PROGRAM PRODUCT SPECIFICATION FOR ELECTRIC
VEHICLE SUPPLY EQUIPMENT MUST MEET THE CERTIFICATION CRITERIA OF
THAT SPECIFICATION
.
(f) G
AS FIREPLACES MUST COMPLY WITH THE FOLLOWING
REQUIREMENTS
:
(I) G
AS FIREPLACES MUST BE CAPABLE OF AUTOMATICALLY
EXTINGUISHING ANY PILOT FLAME WHEN THE MAIN GAS BURNER FLAME IS
EXTINGUISHED OR MUST PREVENT ANY IGNITION SOURCE FOR THE MAIN GAS
BURNER FLAME FROM OPERATING CONTINUOUSLY FOR MORE THAN SEVEN
DAYS FROM THE LAST USE OF THE MAIN GAS BURNER
;
(II) D
ECORATIVE GAS FIREPLACES MUST HAVE A DIRECT VENT OR
POWER VENT CONFIGURATION
, UNLESS THE DECORATIVE GAS FIREPLACE IS
MARKED FOR REPLACEMENT USE ONLY OR OUTDOOR USE ONLY OR IS A GAS
LOG SET
; AND
(III) HEATING GAS FIREPLACES MUST HAVE A FIREPLACE EFFICIENCY
OF AT LEAST FIFTY PERCENT WHEN TESTED IN ACCORDANCE WITH
CANADIAN
STANDARDS ASSOCIATION P.4.1-15, "TESTING METHOD FOR MEASURING
FIREPLACE EFFICIENCY
", AS AMENDED OR REVISED.
(g) H
IGH CRI, COLD-TEMPERATURE, AND IMPACT-RESISTANT
FLUORESCENT LAMPS MUST MEET THE MINIMUM EFFICACY REQUIREMENTS
CONTAINED IN
10 CFR 430.32 (n)(4), AS MEASURED IN ACCORDANCE WITH
10 CFR 430, SUBPART B, APPENDIX R, "UNIFORM TEST METHOD FOR
MEASURING AVERAGE LAMP EFFICACY (LE), COLOR RENDERING INDEX
(CRI), AND CORRELATED COLOR TEMPERATURE (CCT) OF ELECTRIC
LAMPS".
PAGE 22-HOUSE BILL 23-1161 (h) IRRIGATION CONTROLLERS MUST COMPLY WITH THE FOLLOWING
REQUIREMENTS
:
(I) W
EATHER-BASED IRRIGATION CONTROLLERS INCLUDED WITHIN
THE SCOPE OF THE
WATERSENSE PROGRAM PRODUCT SPECIFICATION FOR
WEATHER
-BASED IRRIGATION CONTROLLERS MUST MEET THE WATER
EFFICIENCY AND PERFORMANCE CRITERIA AND OTHER REQUIREMENTS FOR
THAT SPECIFICATION
; AND
(II) SOIL MOISTURE-BASED IRRIGATION CONTROLLERS INCLUDED
WITHIN THE SCOPE OF THE
WATERSENSE PROGRAM PRODUCT SPECIFICATION
FOR SOIL MOISTURE
-BASED IRRIGATION CONTROLLERS MUST MEET THE
WATER EFFICIENCY AND PERFORMANCE CRITERIA AND OTHER
REQUIREMENTS FOR THAT SPECIFICATION
.
(i) P
RIVATE LAVATORY FAUCETS , TUB SPOUT DIVERTERS ,
SHOWERHEAD TUB SPOUT DIVERTER COMBINATIONS , AND URINALS MUST
MEET THE REQUIREMENTS IN
20 CCR SEC. 1605.3, AS MEASURED IN
ACCORDANCE WITH THE TEST METHODS PRESCRIBED IN
20 CCR SEC. 1604,
AS AMENDED.
(j) R
ESIDENTIAL WINDOWS, RESIDENTIAL DOORS, AND RESIDENTIAL
SKYLIGHTS INCLUDED IN THE SCOPE OF THE
ENERGY STAR PROGRAM
PRODUCT SPECIFICATION FOR RESIDENTIAL WINDOWS
, DOORS, AND
SKYLIGHTS MUST SATISFY THE NORTHERN CLIMATE ZONE QUALIFICATION
CRITERIA OF THAT SPECIFICATION
; EXCEPT THAT RESIDENTIAL WINDOWS AND
DOORS THAT ARE CUSTOM DESIGNED FOR A HISTORICALLY DESIGNATED
BUILDING AND REQUIRED IN ORDER TO MAINTAIN THE HISTORIC NATURE OR
CHARACTER OF SUCH A BUILDING ARE NOT REQUIRED TO SATISFY SUCH
CRITERIA
.
(k) S
PRAY SPRINKLER BODIES THAT ARE NOT SPECIFICALLY
EXCLUDED FROM THE SCOPE OF THE
WATERSENSE PROGRAM PRODUCT
SPECIFICATION FOR SPRAY SPRINKLER BODIES MUST INCLUDE AN INTEGRAL
PRESSURE REGULATOR AND A CHECK VALVE AND MUST MEET THE WATER
EFFICIENCY AND PERFORMANCE CRITERIA AND OTHER REQUIREMENTS OF
THAT SPECIFICATION
.
(l) T
HERMOSTATS MUST BE PROGRAMMABLE THERMOSTATS OR
SMART THERMOSTATS
.
PAGE 23-HOUSE BILL 23-1161 SECTION 5. In Colorado Revised Statutes, amend 6-7.5-106 as
follows:
6-7.5-106. New and revised standards - rules. (1) The executive
director may adopt by rule a more recent version of any standard or test
method established in section 6-7.5-105, including any product definition
associated with the standard or test method, in order to maintain or improve
consistency with other comparable standards in other states, so long as the
resulting efficiency is equal to or greater than the efficiency achieved using
the prior standard or test method. The executive director shall allow at least
a one-year delay between the adoption by rule and the enforcement of any
new standard or test method.
(2) O
N OR BEFORE JANUARY 1, 2026, AND ON OR BEFORE JANUARY
1 EVERY FIVE YEARS THEREAFTER , THE EXECUTIVE DIRECTOR SHALL
PROMULGATE RULES ESTABLISHING STANDARDS FOR PRODUCTS THAT ARE
NOT DESCRIBED IN SECTION
6-7.5-104 OR 6-7.5-105 IF SUCH STANDARDS:
(a) W
OULD IMPROVE ENERGY OR WATER CONSERVATION IN THE
STATE
; AND
(b) EXIST IN AT LEAST THREE OTHER STATES OR ARE PUBLISHED IN
FINALIZED FORM BY THE
ENERGY STAR PROGRAM OR THE WATERSENSE
PROGRAM
.
(3) A
FTER JANUARY 1, 2026, THE EXECUTIVE DIRECTOR SHALL
ALLOW A ONE
-YEAR GRACE PERIOD AFTER ANY STANDARD , STANDARD
VERSION
, DEFINITION, OR TEST METHOD REFERENCED IN THIS ARTICLE 7.5 IS
UPDATED
, DURING WHICH TIME A PRODUCT MAY MEET EITHER THE PREVIOUS
STANDARD OR THE UPDATED STANDARD
, STANDARD VERSION, DEFINITION,
OR TEST METHOD, AS APPLICABLE.
SECTION 6. In Colorado Revised Statutes, 6-7.5-109, amend (1)
introductory portion; and add (3), (4), and (5) as follows:
6-7.5-109. Testing, certification, labeling, and enforcement -
rules - verifications of compliance - publication of material
incorporated by reference. (1) Unless a product appears in
THE STATE
APPLIANCE STANDARDS DATABASE MAINTAINED BY THE
NORTHEAST
ENERGY EFFICIENCY PARTNERSHIPS, OR A SUCCESSOR ORGANIZATION , OR
PAGE 24-HOUSE BILL 23-1161 IN a public database of compliant products maintained by other states or
federal agencies with equivalent or more stringent efficiency standards, the
manufacturers of products covered by this article 7.5 shall demonstrate that the products comply with this article 7.5 by doing any one or more of the following:
(3) O
N OR BEFORE JANUARY 1, 2026, THE EXECUTIVE DIRECTOR
SHALL COLLECT AND MAKE PUBLIC LY AVAILABLE IN WRITTEN AND
ELECTRONIC FORM THE FEDERAL RULES AND OTHER RULES AND STANDARDS
REFERRED TO IN THIS PART
7.5. THE EXECUTIVE DIRECTOR SHALL UPDATE
THE PUBLICLY AVAILABLE RULES AND ST ANDARDS AS THEY MAY BE
UPDATED OR ADDED IN ACCORDANCE WITH SECTION
6-7.5-106.
(4) T
HE EXECUTIVE DIRECTOR SHALL:
(a) V
ERIFY MAJOR RETAILERS' AND DISTRIBUTORS' COMPLIANCE WITH
THE PROVISIONS OF THIS ARTICLE
7.5 THROUGH ONLINE SPOT -CHECKS,
COORDINATION WITH OTHER STATES THAT HAVE SIMILAR STANDARDS , OR
BOTH
;
(b) C
ONDUCT SUCH VERIFICATIONS AT LEAST ONCE BEFORE JANUARY
1, 2027, AND AGAIN AT LEAST ONCE BEFORE JANUARY 1, 2032;
(c) D
ELIVER A REPORT ON THE METHOD AND FINDINGS OF THE
VERIFICATIONS TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE
HOUSE OF REPRESENTATIVES AND TO THE TRANSPORTATION AND ENERGY
COMMITTEE OF THE SENATE
, OR TO ANY SUCCESSOR COMMITTEES, AND POST
THE REPORT TO THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
'S
WEBSITE WITHIN ONE MONTH AFTER ITS COMPLETION
; AND
(d) DELIVER ANY FINDINGS OF VIOLATIONS TO THE ATTORNEY
GENERAL
.
(5) O
N OR BEFORE JANUARY 1, 2026, THE EXECUTIVE DIRECTOR
SHALL ESTABLISH A PROCESS WHEREBY INDIVIDUALS MAY ANONYMOUSLY
REPORT POTENTIAL VIOLATIONS OF THIS ARTICLE
7.5 ON THE DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT
'S PUBLIC WEBSITE. THE EXECUTIVE
DIRECTOR SHALL INVESTIGATE ANY REPORTED POTENTIAL VIOLATION AND
SHALL REPORT ANY CONFIRMED VIOLATIONS TO THE ATTORNEY GENERAL
.
PAGE 25-HOUSE BILL 23-1161 SECTION 7. In Colorado Revised Statutes, 6-7.5-110, amend
(2)(a) as follows:
6-7.5-110. Penalties - civil action by attorney general.
(2) Whenever the attorney general has probable cause to believe that any
person or group of persons has violated or caused another to violate
subsection (1) of this section, the attorney general may bring a civil action
on behalf of the state to seek the imposition of civil penalties as follows:
(a) Any person who violates or causes another to violate subsection
(1) of this section shall forfeit and pay to the general fund of this state
a
civil penalty of not more than two thousand dollars for each such violation,
WHICH AMOUNT SHALL BE TRANSFERRED TO THE STATE TREASURER TO BE
CREDITED TO THE ENERGY FUND CREATED IN SECTION
24-38.5-102.4. For
purposes of this subsection (2)(a), a violation constitutes a separate
violation with respect to each consumer or transaction OR ONLINE FOR-SALE
PRODUCT LISTING
involved; except that the maximum civil penalty shallMAY not exceed five hundred thousand dollars for any related series of
violations.
SECTION 8. In Colorado Revised Statutes, add part 14 to article
5 of title 25 as follows:
PART 14
CLEAN LIGHTING
25-5-1401. Short title. T
HE SHORT TITLE OF THIS PART 14 IS THE
"CLEAN LIGHTING ACT".
25-5-1402. Legislative declaration. (1) T
HE GENERAL ASSEMBLY
FINDS AND DETERMINES THAT
:
(a) M
ERCURY IS A POTENT AND PERSISTENT NEUROTOXIN THAT
CAUSES HARM TO HUMAN NERVOUS SYSTEMS
, IMMUNE SYSTEMS, AND
ORGAN FUNCTION AND IMPAIRS FETAL AND CHILD DEVELOPMENT
;
(b) A
CCELERATING THE PHASE -OUT OF GENERAL -PURPOSE
FLUORESCENT LIGHT BULBS CONTAINING TOXIC MERCURY WILL PROTECT
WORKER HEALTH AND PUBLIC HEALTH
, INCLUDING DURING THE
MANUFACTURE
, DISTRIBUTION, USE, COLLECTION, DISPOSAL, AND RECYCLING
PAGE 26-HOUSE BILL 23-1161 OF THE LIGHT BULBS;
(c) F
LUORESCENT BULBS HAVE LONG PROVIDED A VALUABLE
SERVICE
, BUT CLEANER, SAFER ALTERNATIVES HAVE BECOME WIDELY
AVAILABLE AND AFFORDABLE
;
(d) M
ERCURY-FREE LED REPLACEMENTS FOR GENERAL -PURPOSE
FLUORESCENT BULBS PROVIDE THE SAME OR BETTER LIGHTING SERVICE
,
LONGER PRODUCT LIFE, AND MUCH LOWER TOTAL COST ; AND
(e) ACCORDING TO A STUDY FROM THE APPLIANCE STANDARDS
AWARENESS PROJECT, ACCELERATING THE PHASE -OUT OF MOST
GENERAL
-PURPOSE FLUORESCENT LIGHTING FOR SALE IN COLORADO WILL
PREVENT ONE HUNDRED SIXTY
-SEVEN POUNDS OF MERCURY AND TWO
MILLION ONE HUNDRED THOUSAND METRIC TONS OF CARBON DIOXIDE
EMISSIONS FROM ENTERING THE ENVIRONMENT AND LEAD TO FIVE HUNDRED
SEVENTY
-TWO MILLION DOLLARS IN NET UTILITY BILL SAVINGS FOR
COLORADO BUSINESSES AND RESIDENTS .
(2) T
HE GENERAL ASSEMBLY THEREFORE DECLARES THAT IT IS IN THE
PUBLIC INTEREST TO PHASE OUT THE SALE OF GENERAL
-PURPOSE
FLUORESCENT LIGHT BULBS THAT CONTAIN MERCURY
.
25-5-1403. Definitions. A
S USED IN THIS PART 14, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "CIECAM02-UCS"
MEANS A COLOR APPEARANCE MODEL
DESIGNED BY THE INTERNATIONAL COMMISSION ON ILLUMINATION TO
ACCURATELY MODEL HUMAN COLOR PERCEPTION THAT USES UNIFORM
COLOR SPACE
.
(2) (a) "C
OMPACT FLUORESCENT LAMP " MEANS A COMPACT ,
LOW-PRESSURE, MERCURY-CONTAINING, ELECTRIC-DISCHARGE LIGHT
SOURCE
:
(I) I
N WHICH A FLUORESCENT COATING TRANSFORMS SOME OF THE
ULTRAVIOLET ENERGY GENERATED BY THE MERCURY DISCHARGE INTO
VISIBLE LIGHT
; AND
(II) THAT:
PAGE 27-HOUSE BILL 23-1161 (A) INCLUDES ONE BASE OR END CAP OF ANY TYPE , INCLUDING
SCREW
, BAYONET, TWO-PIN, OR FOUR-PIN;
(B) I
S INTEGRALLY BALLASTED OR NONINTEGRALLY BALLASTED ;
(C) E
MITS LIGHT BETWEEN A CORRELATED COLOR TEMPERATURE OF
1700 KELVIN AND 24000 KELVIN AND A DUV OF +0.024 AND -0.024 IN THE
CIECAM02-UCS; AND
(D) INCLUDES ONE OR MORE TUBES , WHICH MAY BE OF ANY
DIAMETER OR LENGTH
.
(b) "C
OMPACT FLUORESCENT LAMP " INCLUDES LAMPS OF ALL SIZES
AND SHAPES FOR DIRECTIONAL AND NONDIRECTIONAL INSTALLATIONS
,
INCLUDING PLUG-IN, SPIRAL, TWIN TUBE, TRIPLE TWIN, 2D, U-BEND, AND
CIRCULAR LAMPS
, THAT SATISFY THE DESCRIPTION IN SUBSECTION (2)(a) OF
THIS SECTION
.
(3) "D
UV" MEANS DELTA (U, 2/3V'), WHICH IS A METRIC THAT
DESCRIBES THE DISTANCE OF A LIGHT COLOR POINT FROM THE PLANCKIAN
LOCUS
.
(4) "E
XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR THE EXECUTIVE
DIRECTOR
'S DESIGNEE.
(5) (a) "L
INEAR FLUORESCENT LAMP " MEANS A LOW-PRESSURE,
MERCURY-CONTAINING, ELECTRIC-DISCHARGE LIGHT SOURCE:
(I) I
N WHICH A FLUORESCENT COATING TRANSFORMS SOME OF THE
ULTRAVIOLET ENERGY GENERATED BY THE MERCURY DISCHARGE INTO
VISIBLE LIGHT
; AND
(II) THAT:
(A) I
NCLUDES TWO BASES OR END CAPS OF ANY TYPE , INCLUDING
SINGLE
-PIN, TWO-PIN, OR RECESSED DOUBLE CONTACT ;
(B) E
MITS LIGHT BETWEEN A CORRELATED COLOR TEMPERATURE OF
1700 KELVIN AND 24000 KELVIN AND A DUV OF +0.024 AND -0.024 IN THE
PAGE 28-HOUSE BILL 23-1161 CIECAM02-UCS;
(C) I
NCLUDES ALL TUBE DIAMETERS , INCLUDING T5, T8, T10, AND
T12 TUBES; AND
(D) INCLUDES ALL TUBE LENGTHS FROM SIX INCHES TO EIGHT FEET .
(b) "L
INEAR FLUORESCENT LAMP" INCLUDES LAMPS OF ALL SHAPES,
INCLUDING LINEAR, U-BEND, AND CIRCULAR.
(6) "S
UNLAMP PRODUCT" HAS THE MEANING SET FORTH IN 21 CFR
1040.20 (b)(9).
25-5-1404. Scope and applicability. (1) E
XCEPT AS DESCRIBED IN
SUBSECTION
(2) OF THIS SECTION, THIS PART 14 APPLIES TO COMPACT
FLUORESCENT LAMPS AND LINEAR FLUORESCENT LAMPS SOLD AS NEW IN
COLORADO.
(2) T
HIS PART 14 DOES NOT APPLY TO:
(a) A
LAMP THAT IS DESIGNED AND MARKETED EXCLUSIVELY FOR
IMAGE CAPTURE AND PROJECTION
, INCLUDING PHOTOCOPYING; PRINTING,
EITHER DIRECTLY OR IN PREPROCESSING ; LITHOGRAPHY; FILM AND VIDEO
PROJECTION
; AND HOLOGRAPHY;
(b) A
LAMP THAT EMITS ULTRAVIOLET LIGHT AND THAT :
(I) E
MITS ULTRAVIOLET LIGHT GREATER THAN TWO MILLIWATTS PER
KILOLUMEN
(MW/KLM);
(II) I
S DESIGNED AND MARKETED EXCLUSIVELY FOR A GERMICIDAL
PURPOSE
, SUCH AS FOR THE DESTRUCTION OF DNA, WHICH LAMP EMITS A
PEAK RADIATION OF APPROXIMATELY TWO HUNDRED FIFTY
-THREE AND
SEVEN
-TENTHS NANOMETERS;
(III) I
S DESIGNED AND MARKETED EXCLUSIVELY FOR DISINFECTION
OR FLY TRAPPING AND
:
(A) F
ROM WHICH THE TOTAL RADIATION POWER EMITTED BETWEEN
TWO HUNDRED AND THREE HUNDRED FIFTEEN NANOMETERS REPRESENTS AT
PAGE 29-HOUSE BILL 23-1161 LEAST FIVE PERCENT OF THE TOTAL RADIATION POWER EMITTED BETWEEN
TWO HUNDRED FIFTY AND EIGHT HUNDRED NANOMETERS
; OR
(B) FROM WHICH THE TOTAL RADIATION POWER EMITTED BETWEEN
THREE HUNDRED FIFTEEN AND FOUR H UNDRED NANOMETERS REPRESENTS AT
LEAST TWENTY PERCENT OF THE TOTAL RADIATION POWER EMITTED
BETWEEN TWO HUNDRED FIFTY AND EIGHT HUNDRED NANOMETERS
;
(IV) I
S DESIGNED AND MARKETED EXCLUSIVELY FOR THE
GENERATION OF OZONE WHERE THE PRIMARY PURPOSE IS TO EMIT RADIATION
AT APPROXIMATELY ONE HUNDRED EIGHTY
-FIVE AND ONE-TENTH
NANOMETERS
;
(V) I
S DESIGNED AND MARKETED EXCLUSIVELY FOR CORAL
ZOOXANTHELLAE SYMBIOSIS AND FROM WHICH THE RADIATION POWER
EMITTED BETWEEN FOUR HUNDRED AND FOUR HUNDRED EIGHTY
NANOMETERS REPRESENTS AT LEAST FORTY PERCENT OF THE TOTAL
RADIATION POWER EMITTED BETWEEN TWO HUNDRED FIFTY AND EIGHT
HUNDRED NANOMETERS
;
(VI) I
S DESIGNED AND MARKETED EXCLUSIVELY FOR USE IN A
SUNLAMP PRODUCT
;
(VII) I
S DESIGNED AND MARKETED EXCLUSIVELY FOR USE IN A
MEDICAL DEVICE FOR MEDICAL OR VETERINARY DIAGNOSIS OR TREATMENT
;
(VIII) I
S DESIGNED AND MARKETED EXCLUSIVELY FOR USE IN
PHARMACEUTICAL PRODUCT MANUFACTURING OR QUALITY CONTROL
;
(IX) I
S DESIGNED AND MARKETED EXCLUSIVELY FOR SPECTROSCOPY
AND PHOTOMETRIC APPLICATIONS
, SUCH AS UV-VISIBLE SPECTROSCOPY,
MOLECULAR SPECTROSCOPY , ATOMIC ABSORPTION SPECTROSCOPY ,
NONDISPERSIVE INFRARED, FOURIER TRANSFORM INFRARED , MEDICAL
ANALYSIS
, ELLIPSOMETRY, LAYER THICKNESS MEASUREMENT , PROCESS
MONITORING
, OR ENVIRONMENTAL MONITORING ; OR
(X) IS USED BY ACADEMIC AND RESEARCH INSTITUTIONS
EXCLUSIVELY FOR CONDUCTING RESEARCH PROJECTS AND EXPERIMENTS
; OR
(c) A PRODUCT THAT IS HELD IN INVENTORY IN COLORADO ON THE
PAGE 30-HOUSE BILL 23-1161 EFFECTIVE DATE OF THE APPLICABLE STANDARD DESCRIBED IN SECTION
25-5-1405.
25-5-1405. Prohibited lamps. (1) O
N AND AFTER JANUARY 1, 2025,
A PERSON SHALL NOT MANUFACTURE , DISTRIBUTE, SELL, OR OFFER FOR SALE
IN
COLORADO ANY:
(a) L
INEAR FLUORESCENT LAMP; OR
(b) COMPACT FLUORESCENT LAMP .
25-5-1406. Enforcement - verifications of compliance - civil
action by attorney general - penalties. (1) T
HE EXECUTIVE DIRECTOR
SHALL
:
(a) V
ERIFY MAJOR RETAILERS' AND DISTRIBUTORS' COMPLIANCE WITH
THE PROVISIONS OF THIS PART
14 THROUGH ONLINE SPOT -CHECKS,
COORDINATION WITH OTHER STATES THAT HAVE SIMILAR STANDARDS , OR
BOTH
;
(b) C
ONDUCT SUCH VERIFICATIONS AT LEAST ONCE BEFORE JANUARY
1, 2026, AND AGAIN AT LEAST ONCE BEFORE JANUARY 1, 2031;
(c) D
ELIVER A REPORT ON THE METHOD AND FINDINGS OF THE
VERIFICATIONS TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE
HOUSE OF REPRESENTATIVES AND TO THE TRANSPORTATION AND ENERGY
COMMITTEE OF THE SENATE
, OR TO ANY SUCCESSOR COMMITTEES, AND POST
THE REPORT TO THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
'S
WEBSITE WITHIN ONE MONTH AFTER ITS COMPLETION
; AND
(d) DELIVER ANY FINDINGS OF VIOLATIONS TO THE ATTORNEY
GENERAL
.
(2) O
N OR BEFORE JANUARY 1, 2025, THE EXECUTIVE DIRECTOR
SHALL ESTABLISH A PROCESS WHEREBY INDIVIDUALS MAY ANONYMOUSLY
REPORT POTENTIAL VIOLATIONS OF THIS PART
14 ON THE DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT
'S PUBLIC WEBSITE. THE EXECUTIVE
DIRECTOR SHALL INVESTIGATE ANY REPORTED POTENTIAL VIOLATION AND
SHALL REPORT ANY CONFIRMED VIOLATIONS TO THE ATTORNEY GENERAL
.
PAGE 31-HOUSE BILL 23-1161 (3) (a) IF THE ATTORNEY GENERAL HAS PROBABLE CAUSE TO BELIEVE
THAT ANY PERSON OR GROUP OF PERSONS HAS VIOLATED OR CAUSED
ANOTHER PERSON TO VIOLATE SECTION
25-5-1405, THE ATTORNEY GENERAL
MAY BRING A CIVIL ACTION ON BEHALF OF THE STATE TO SEEK THE
IMPOSITION OF CIVIL PENALTIES AS SPECIFIED IN THIS SUBSECTION
(3). ANY
PERSON WHO VIOLATES OR CAUSES ANOTHER PERSON TO VIOLATE SECTION
25-5-1405 SHALL PAY A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED
DOLLARS FOR EACH VIOLATION
, WHICH AMOUNT SHALL BE TRANSFERRED TO
THE STATE TREASURER TO BE CREDITED TO THE ENERGY FUND CREATED IN
SECTION
24-38.5-102.4.
(b) F
OR PURPOSES OF SUBSECTION (3)(a) OF THIS SECTION:
(I) E
ACH TRANSACTION OR ONLINE FOR -SALE PRODUCT LISTING
INVOLVED CONSTITUTES A SEPARATE VIOLATION
; EXCEPT THAT THE
MAXIMUM CIVIL PENALTY MAY NOT EXCEED FIVE HUNDRED THOUSAND
DOLLARS FOR ANY RELATED SERIES OF VIOLATIONS
; AND
(II) A COURT SHALL NOT IMPOSE A FINE AGAINST A NONMANAGERIAL
EMPLOYEE OF A CONTRACTOR THAT INSTALLS
, REPAIRS, OR REPLACES
LINEAR OR COMPACT FLUORESCENT LAMPS AND COLLECTS FROM THE
CUSTOMER AN AMOUNT REPRESENTING BOTH PARTS AND LABOR
.
SECTION 9. In Colorado Revised Statutes, add part 15 to article
7 of title 25 as follows:
PART 15
ENVIRONMENTAL STANDARDS FOR HEATING
AND WATER HEATING APPLIANCES
25-7-1501. Legislative declaration. (1) T
HE GENERAL ASSEMBLY
DECLARES THAT IT IS IN THE INTEREST OF THE STATE TO REDUCE AND
PREVENT AIR POLLUTION FROM CERTAIN NEW HEATING AND WATER HEATING
APPLIANCES IN ORDER TO
:
(a) P
ROTECT THE AIR THAT COLORADANS BREATHE BY REDUCING
UNHEALTHY LEVELS OF SMOG AND OZONE
, WHICH HAVE HIT RECORD HIGHS
IN
COLORADO IN RECENT YEARS AND HAVE DISPROPORTI ONATELY IMPACTED
LOW
-INCOME AREAS;
PAGE 32-HOUSE BILL 23-1161 (b) MINIMIZE HEALTH RISKS ASSOCIATED WITH AIR POLLUTION ,
INCLUDING RESPIRATORY AILMENTS SUCH AS ASTHMA AND
CARDIOVASCULAR ILLNESSES
, WHICH ARE LINKED TO EXPOSURE TO FINE
PARTICULATE MATTER AND NITROGEN DIOXIDE
;
(c) A
SSIST COLORADO COUNTIES IN ACHIEVING ATTAINMENT OF
FEDERAL OZONE NATIONAL AMBIENT AIR QUALITY STANDARDS
;
(d) I
MPROVE THE CLARITY OF SCENIC VIEWS FOR PURPOSES OF
FACILITATING ENJOYMENT OF
COLORADO'S BOUNTIFUL NATURAL RESOURCES
AND MAINTAIN ITS REPUTATION FOR HIGH
-QUALITY OUTDOOR RECREATION ;
(e) M
ITIGATE THE EFFECTS OF CLIMATE CHANGE ;
(f) C
ONTRIBUTE TO THE STATE'S ECONOMY BY BUILDING A TRAINED
AND COMPETITIVE WORKFORCE TO INSTALL AND MAINTAIN NEWLY
PURCHASED APPLIANCES
; AND
(g) ENSURE THAT THE BENEFITS OF CLEAN AND HEALTHY AIR ARE
DISTRIBUTED TO ALL PARTS OF THE STATE
.
25-7-1502. Definitions. A
S USED IN THIS PART 15, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "BTU"
MEANS BRITISH THERMAL UNIT, WHICH IS A SCIENTIFIC
UNIT OF MEASUREMENT EQUAL TO THE QUANTITY OF HEAT REQUIRED TO
RAISE THE TEMPERATURE OF ONE POUND OF WATER ONE DEGREE
FAHRENHEIT AT APPROXIMATELY SIXTY DEGREES FAHRENHEIT.
(2) "E
NERGY STAR PROGRAM " HAS THE MEANING SET FORTH IN
SECTION
6-7.5-102 (24).
(3) "E
XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR THE EXECUTIVE
DIRECTOR
'S DESIGNEE.
(4) "F
AN-TYPE CENTRAL FURNACE" MEANS A SELF-CONTAINED SPACE
HEATER THAT PROVIDES FOR CIRCULATION OF HEATED AIR AT PRESSURES
OTHER THAN ATMOSPHERIC THROUGH DUCTS MORE THAN TEN INCHES IN
LENGTH
.
PAGE 33-HOUSE BILL 23-1161 (5) (a) "HEAT INPUT" MEANS THE HEAT RELEASED BY THE
COMBUSTION OF FUELS AND IS BASED ON THE GROSS ENERGY CONTENT OF
THE COMBUSTIBLE FUEL
, ALSO KNOWN AS THE HIGHER HEATING VALUE OF
FUEL
.
(b) "H
EAT INPUT" DOES NOT INCLUDE THE ENTHALPY OF INCOMING
COMBUSTION AIR
.
(6) "H
EAT OUTPUT" MEANS THE ENTHALPY OF THE WORKING FLUID
OUTPUT OF A WATER HEATER
.
(7) "M
ANUFACTURED HOME " MEANS A PREFABRICATED STRUCTURE
ON A PERMANENTLY ATTACHED CHASSIS
, WHICH STRUCTURE SATISFIES THE
FEDERAL MANUFACTURED HOME CONSTRUCTION SAFETY STANDARD
, AS
DEFINED IN SECTION
24-32-3302 (13).
(8) "NO
X" MEANS THE SUM OF NITRIC OXIDE AND NITROGEN
DIOXIDE
.
(9) "R
ATED HEAT INPUT CAPACITY " MEANS THE HEAT INPUT
CAPACITY SPECIFIED ON THE NAMEPLATE OF A WATER HEATER
. IF A WATER
HEATER HAS BEEN ALTERED OR MODIFIED SUCH THAT ITS MAXIMUM HEAT
INPUT IS DIFFERENT FROM THE HEAT INPUT CAPACITY SPECIFIED ON THE
NAMEPLATE
, THE NEW MAXIMUM HEAT INPUT IS THE WATER HEATER 'S RATED
HEAT INPUT CAPACITY
.
(10) "R
ECREATIONAL VEHICLE" MEANS A MOTOR HOME , TRAVEL
TRAILER
, TRUCK CAMPER, OR CAMPING TRAILER, WITH OR WITHOUT MOTIVE
POWER
, THAT IS DESIGNED FOR HUMAN OCCUPANCY AND FOR
RECREATIONAL
, EMERGENCY, OR OTHER USE.
(11) "W
ATER HEATER" MEANS A DEVICE THAT HEATS WATER BY
COMBUSTION OF FUEL OR THROUGH THE USE OF ELECTRICITY TO A
THERMOSTATICALLY CONTROLLED TEMPERATURE NOT EXCEEDING TWO
HUNDRED TEN DEGREES
FAHRENHEIT OR NINETY-NINE DEGREES CELSIUS,
FOR USE EXTERNAL TO THE DEVICE , AT A PRESSURE NOT EXCEEDING ONE
HUNDRED SIXTY POUNDS PER SQUARE INCH GAUGE
.
25-7-1503. Scope and applicability. (1) E
XCEPT AS DESCRIBED IN
SUBSECTION
(2) OF THIS SECTION AND AS MODIFIED BY RULES PROMULGATED
PAGE 34-HOUSE BILL 23-1161 BY THE EXECUTIVE DIRECTOR OR THE COMMISSION PURSUANT TO SECTION
25-7-1506, THIS PART 15 APPLIES TO THE FOLLOWING NEW PRODUCTS :
(a) W
ATER HEATERS WITH A RATED HEAT INPUT CAPACITY OF TWO
MILLION
BTUS PER HOUR OR LESS; AND
(b) FAN-TYPE CENTRAL FURNACES THAT :
(I) R
EQUIRE EITHER SINGLE-PHASE OR THREE-PHASE ELECTRIC
SUPPLY
;
(II) A
RE USED FOR COMFORT HEATING ; AND
(III) HAVE A RATED HEAT INPUT CAPACITY OF LESS THAN ONE
HUNDRED SEVENTY
-FIVE THOUSAND BTUS PER HOUR, AND, IN THE CASE OF
COMBINATION HEATING AND COOLING UNITS
, A COOLING RATE OF LESS THAN
SIXTY
-FIVE THOUSAND BTUS PER HOUR.
(2) T
HIS PART 15 DOES NOT APPLY TO:
(a) P
RODUCTS HELD IN INVENTORY IN COLORADO ON THE EFFECTIVE
DATE OF THE APPLICABLE STANDARD
;
(b) P
RODUCTS THAT WERE INSTALLED IN MANUFACTURED HOMES AT
THE TIME OF CONSTRUCTION
;
(c) P
RODUCTS DESIGNED EXPRESSLY FOR INSTALLATION AND USE IN
RECREATIONAL VEHICLES
; OR
(d) PRODUCTS THAT DO NOT BURN FOSSIL FUELS .
25-7-1504. Emission standards for new products. (1) O
N AND
AFTER
JANUARY 1, 2026, EXCEPT AS DESCRIBED IN SECTION 25-7-1506, A
PERSON SHALL NOT MANUFACTURE
, DISTRIBUTE, SELL, OFFER FOR SALE,
LEASE, OR OFFER FOR LEASE IN COLORADO ANY OF THE FOLLOWING NEW
PRODUCTS UNLESS THE EMISSIONS OF THE PRODUCT DO NOT EXCEED THE
FOLLOWING EMISSIONS LIMITS
, AS APPLICABLE:
(a) T
EN NANOGRAMS OF NOX PER JOULE FOR WATER HEATERS WITH
A RATED HEAT INPUT CAPACITY OF UP TO SEVENTY
-FIVE THOUSAND BTUS
PAGE 35-HOUSE BILL 23-1161 PER HOUR AND FOR ANY UNIT WITH POWER ASSIST ;
(b) F
OURTEEN NANOGRAMS OF NOX PER JOULE FOR WATER HEATERS
WITH A RATED HEAT INPUT CAPACITY OF MORE THAN SEVENTY
-FIVE
THOUSAND AND LESS THAN TWO MILLION
BTUS PER HOUR; OR
(c) FOURTEEN NANOGRAMS OF NOX PER JOULE FOR FAN-TYPE
CENTRAL FURNACES
.
(2) E
QUIPMENT THAT IS CERTIFIED TO THE MOST RECENT VERSION OF
THE
ENERGY STAR PROGRAM FOR THE RELEVANT EQUIPMENT TYPE IS
DEEMED TO COMPLY WITH THE REQUIREMENTS OF SUBSECTION
(1) OF THIS
SECTION
.
25-7-1505. Testing - required displays - demonstrations of
compliance. (1) M
ANUFACTURERS OF NATURAL -GAS-FUELED WATER
HEATERS DESCRIBED BY SECTION
25-7-1503 (1)(a) SHALL TEST EACH
APPLICABLE MODEL FOR SALE IN
COLORADO IN ACCORDANCE WITH THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT PROTOCOL
"NITROGEN
OXIDES EMISSIONS COMPLIANCE TESTING FOR NATURAL GAS-FIRED WATER
HEATERS AND SMALL BOILERS", AS AMENDED.
(2) M
ANUFACTURERS OF FAN-TYPE CENTRAL FURNACES DESCRIBED
BY SECTION
25-7-1503 (1)(c) SHALL TEST EACH APPLICABLE MODEL FOR
SALE IN
COLORADO IN ACCORDANCE WITH THE SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT METHOD
100.1 "INSTRUMENTAL ANALYZER
PROCEDURES FOR CONTINUOUS GASEOUS EMISSION SAMPLING", AS
AMENDED
.
(3) U
NLESS A PRODUCT APPEARS IN A PUBLIC DATABASE OF
PRODUCTS MAINTAINED BY A STATE OR FEDERAL AGENCY OR BY AN
ENVIRONMENTAL NONPROFIT ORGANIZATION
, WHICH DATABASE REQUIRES
COMPLIANCE WITH EMISSION STANDARDS THAT ARE AS DEMANDING OR
MORE DEMANDING THAN THE EMISSION STANDARDS DESCRIBED IN THIS PART
15, MANUFACTURERS OF PRODUCTS DESCRIBED IN SECTION 25-7-1503 (1)
SHALL DEMONSTRATE COMPLIANCE WITH THIS PART 15 FOR EACH MODEL BY
EITHER
:
(a) A
FFIXING A PERMANENT MARK, LABEL, OR TAG TO THE PRODUCT
AND PACKAGING AT THE TIME OF SALE OR INSTALLATION THAT CONFIRMS
PAGE 36-HOUSE BILL 23-1161 COMPLIANCE WITH SUCH EMISSION STANDARDS OR COMPLIANCE WITH
EQUIVALENT EMISSION STANDARDS
; OR
(b) SUBMITTING A CERTIFICATION TO THE EXECUTIVE DIRECTOR
THAT DEMONSTRATES COMPLIANCE WITH EMISSION STANDARDS REQUIRED
BY A STATE OR FEDERAL AGENCY
, WHICH EMISSION STANDARDS ARE AS
DEMANDING OR MORE DEMANDING THAN THE EMISSION STANDARDS
DESCRIBED IN THIS PART
15.
25-7-1506. Rules - analysis. (1) N
OTWITHSTANDING ANY
PROVISION OF THIS PART
15, THE EXECUTIVE DIRECTOR MAY PROMULGATE
RULES UPDATING ANY EMISSION STANDARD
, DEFINITION, OR TEST METHOD
ESTABLISHED IN THIS PART
15 IN ORDER TO MAINTAIN OR IMPROVE
CONSISTENCY WITH OTHER COMPARABLE STANDARDS IN OTHER STATES SO
LONG AS THE UPDATED VERSION RESULTS IN AIR QUALITY THAT IS EQUAL TO
OR BETTER THAN AIR QUALITY ACHIEVED USING THE PRIOR STANDARD
.
(2) T
HE EXECUTIVE DIRECTOR MAY PROMULGATE RULES AS
NECESSARY TO ENSURE THE PROPER IMPLEMENTATION AND ENFORCEMENT
OF THIS PART
15.
(3) O
N OR BEFORE JANUARY 1, 2030, THE EXECUTIVE DIRECTOR
SHALL CONDUCT AN ANALYSIS TO DETERMINE WHETHER STATEWIDE
GREENHOUSE GAS EMISSIONS FROM WATER HEATERS AND FAN
-TYPE
CENTRAL FURNACES ARE DECLINING IN COMPARISON TO EMISSION LEVELS IN
2023 IN A MANNER THAT COMPORTS WITH THE STATEWIDE GREE NHOUSE GAS
REDUCTION GOALS SET FORTH IN SECTION
25-7-102 (2)(g). UNLESS THE
ANALYSIS DETERMINES THAT THE EMISSIONS TRAJECTORY IS CONSISTENT
WITH ACHIEVING THE STATEWIDE GREENHOUSE GAS REDUCTION GOALS
, THE
EXECUTIVE DIRECTOR SHALL PROPOSE TO THE COMMISSION RULES TO BRING
THE EMISSION LEVELS IN LINE WITH THE REDUCTION GOALS
. THE EXECUTIVE
DIRECTOR SHALL ENSURE THAT SUCH RULES
:
(a) T
AKE INTO ACCOUNT ANY EMISSION ST ANDARDS THAT ARE IN
EFFECT OR UNDER DEVELOPMENT IN OTHER JURISDICTIONS OR AT THE
FEDERAL LEVEL FOR NEW WATER HEATERS AND FAN
-TYPE CENTRAL
FURNACES
;
(b) T
AKE INTO ACCOUNT INPUT FROM MAJOR MANUFACTURERS OF
WATER HEATERS
, FAN-TYPE CENTRAL FURNACES , AND OTHER RELEVANT
PAGE 37-HOUSE BILL 23-1161 EQUIPMENT;
(c) C
ONSIDER WHETHER EMISSIONS STANDARDS FOR ADDITIONAL
TYPES OF RESIDENTIAL AND COMMERCIAL HEATING AND WATER HEATING
EQUIPMENT ARE APPROPRIATE AND NECESSARY TO MEET THE GREENHOUSE
GAS EMISSION REDUCTION TARGETS DESCRIBED IN SECTION
25-7-102 (2)(g);
(d) A
RE ACHIEVABLE WITH AVAILABLE TECHNOLOGY ; AND
(e) DO NOT PLACE AN UNDUE COST BURDEN ON CONSUMERS .
25-7-1507. Enforcement - verifications of compliance - civil
action by attorney general - penalties. (1) T
HE EXECUTIVE DIRECTOR
SHALL
:
(a) V
ERIFY MAJOR RETAILERS' AND DISTRIBUTORS' COMPLIANCE WITH
THE PROVISIONS OF THIS PART
15 THROUGH ONLINE SPOT -CHECKS,
COORDINATION WITH OTHER STATES THAT HAVE SIMILAR STANDARDS , OR
BOTH
;
(b) C
ONDUCT SUCH VERIFICATIONS AT LEAST ONCE BEFORE JANUARY
1, 2027, AND AGAIN AT LEAST ONCE BEFORE JANUARY 1, 2032;
(c) D
ELIVER A REPORT ON THE METHOD AND FINDINGS OF THE
VERIFICATIONS TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE
HOUSE OF REPRESENTATIVES AND TO THE TRANSPORTATION AND ENERGY
COMMITTEE OF THE SENATE
, OR TO ANY SUCCESSOR COMMITTEES, AND POST
THE REPORT TO THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
'S
WEBSITE WITHIN ONE MONTH AFTER ITS COMPLETION
; AND
(d) DELIVER ANY FINDINGS OF VIOLATIONS TO THE ATTORNEY
GENERAL
.
(2) O
N OR BEFORE JANUARY 1, 2025, THE EXECUTIVE DIRECTOR
SHALL ESTABLISH A PROCESS WHEREBY INDIVIDUALS MAY ANONYMOUSLY
REPORT POTENTIAL VIOLATIONS OF THIS PART
15 ON THE DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT
'S PUBLIC WEBSITE. THE EXECUTIVE
DIRECTOR SHALL INVESTIGATE ANY SUCH REPORTED POTENTIAL VIOLATION
AND SHALL REPORT ANY CONFIRMED VIOLATIONS TO THE ATTORNEY
GENERAL
.
PAGE 38-HOUSE BILL 23-1161 (3) (a) IF THE ATTORNEY GENERAL HAS PROBABLE CAUSE TO BELIEVE
THAT ANY PERSON OR GROUP OF PERSONS HAS VIOLATED OR CAUSED
ANOTHER PERSON TO VIOLATE SECTION
25-7-1504 OR 25-7-1505, THE
ATTORNEY GENERAL MAY BRING A CIVIL ACTION ON BEHALF OF THE STATE
TO SEEK THE IMPOSITION OF CIVIL PENALTIES AS SPECIFIED IN THIS
SUBSECTION
(3). ANY PERSON WHO KNOWINGLY VIOLATES OR CAUSES
ANOTHER PERSON TO VIOLATE SECTION
25-7-1504 OR 25-7-1505 SHALL PAY
A CIVIL PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH
VIOLATION
, WHICH AMOUNT SHALL BE TRANSFERRED TO THE STATE
TREASURER TO BE CREDITED TO THE ENERGY FUND CREATED IN SECTION
24-38.5-102.4.
(b) F
OR PURPOSES OF SUBSECTION (3)(a) OF THIS SECTION:
(I) E
ACH TRANSACTION OR ONLINE FOR -SALE PRODUCT LISTING
INVOLVED CONSTITUTES A SEPARATE VIOLATION
; EXCEPT THAT THE
MAXIMUM CIVIL PENALTY PER PERSON SHALL NOT EXCEED FIVE HUNDRED
THOUSAND DOLLARS FOR ANY RELATED SERIES OF VIOLATIONS
; AND
(II) A COURT SHALL NOT IMPOSE A FINE AGAINST A NONMANAGERIAL
EMPLOYEE OF A CONTRACTOR THAT INSTALLS
, REPAIRS, OR REPLACES WATER
HEATERS OR FAN
-TYPE CENTRAL FURNACES AND COLLECTS FROM
CUSTOMERS AN AMOUNT REPRESENTING BOTH PARTS AND LABOR
.
SECTION 10. In Colorado Revised Statutes, 24-38.5-102.4, amend
(1)(a)(I) as follows:
24-38.5-102.4. Energy fund - creation - use of fund - definitions
- report - repeal. (1) (a) (I) The energy fund is hereby
created in the state
treasury. The principal of the fund consists of money transferred to the fund
from the general fund; money transferred to the fund at the end of the
2006-07 state fiscal year and at the end of each succeeding state fiscal year
from money received by the Colorado energy office; money received
pursuant to the federal "American Recovery and Reinvestment Act of
2009", Pub.L. 111-5, or any amendments thereto; or from
MONEY RECEIVED
PURSUANT TO
revenue contracts, court settlement funds, supplemental
environmental program funds,
OR THE repayment or return of funds from
eligible public depositories;
MONEY TRANSFERRED TO THE FUND PURSUANT
TO SECTIONS
6-7.5-110 (2)(a), 25-5-1406 (3)(a), AND 25-7-1507 (3)(a); and
MONEY RECEIVED AS gifts, grants, and donations; and any other money
PAGE 39-HOUSE BILL 23-1161 received by the Colorado energy office. Interest and income earned on the
deposit and investment of money in the energy fund are credited to the fund.
Money in the fund at the end of any state fiscal year remains in the fund and
may not be credited to the state general fund or any other fund. Money in
the fund may not be transferred to the innovative energy fund created in
section 24-38.5-102.5.
SECTION 11. In Colorado Revised Statutes, 38-35.7-109, amend
(1)(c) as follows:
38-35.7-109. Electric vehicle charging and heating systems -
options - definitions. (1) (c) A person that builds a new residence for
which a buyer is under contract shall offer the buyer pricing, energy
efficiency, and utility bill information for each natural gas, electric, or other
option available from and information pertaining to those options from the
federal Energy Star program, as defined in section 6-7.5-102 (15)
(24), or
similar information about energy efficiency and utilization reasonably
available to the person building the residence.
SECTION 12. In Colorado Revised Statutes, 40-3.2-109, amend
(2)(b)(V) as follows:
40-3.2-109. Beneficial electrification plans for electric utilities -
definition - rules - recovery of costs - report. (2) (b) On or before July 1,
2022, and thereafter as directed by the commission, but no less frequently
than every three years, an investor-owned electric utility shall file with the
commission an application for a beneficial electrification plan for regulated
activities to support beneficial electrification. Beneficial electrification
plans may be combined with other demand-side management strategic
issues or transportation electrification plans, as applicable, but a beneficial
electrification plan must, at a minimum:
(V) Include incentives to facilitate beneficial electrification, with
programs targeted toward new and existing building markets. Products
eligible for incentives must be certified under the federal Energy Star
program, as defined in section 6-7.5-102 (15)
(24), or a successor program
if that certification is available, in product categories for which such
certification exists.
SECTION 13. Severability. If any provision of this act or the
PAGE 40-HOUSE BILL 23-1161 application of this act to any person or circumstance is held invalid, such
invalidity does not affect other provisions or applications of the act that can
be given effect without the invalid provision or application, and to this end
the provisions of this act are declared to be severable.
SECTION 14. Appropriation. (1) For the 2023-24 state fiscal
year, $49,730 is appropriated to the department of public health and
environment. This appropriation is from the general fund. To implement
this act, the department may use this appropriation as follows:
(a) $5,848 for use by the division of environmental health and
sustainability for administration and support, which amount is based on an
assumption that the division will require an additional 0.1 FTE; and
(b) $43,882 for the purchase of legal services.
(2) For the 2023-24 state fiscal year, $43,882 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of public health and environment under subsection
(1)(b) of this section and is based on an assumption that the department of
law will require an additional 0.2 FTE. To implement this act, the
department of law may use this appropriation to provide legal services for
the department of public health and environment.
SECTION 15. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 41-HOUSE BILL 23-1161 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 42-HOUSE BILL 23-1161