Colorado 2023 Regular Session

Colorado House Bill HB1161 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0016.01 Richard Sweetman x4333
1	8		HOUSE BILL 23-1161
2		-	BY REPRESENTATIVE(S) Kipp and Willford, Amabile, Bacon, Bird,
3		-	Boesenecker, Brown, deGruy Kennedy, Dickson, Epps, Froelich, Garcia,
4		-	Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Joseph, Lindsay, Lindstedt,
5		-	Mabrey, McCormick, Michaelson Jenet, Sirota, Story, Titone, Valdez,
6		-	Velasco, Vigil, Weinberg, Weissman;
7		-	also SENATOR(S) Cutter and Winter F., Priola, Buckner, Fields, Gonzales,
8		-	Hansen, Jaquez Lewis, Moreno, Fenberg.
	9	+	House Committees Senate Committees
	10	+	Energy & Environment Transportation & Energy
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
9	13		C
10		-	ONCERNING ENVIRONMENTAL STANDARDS FOR CERTAIN PRODUCTS , AND,
11		-	IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
12		-	Be it enacted by the General Assembly of the State of Colorado:
13		-	SECTION 1. In Colorado Revised Statutes, amend 6-7.5-102 as
14		-	follows:
15		-	6-7.5-102. Definitions. As used in this article 7.5, unless the context
16		-	otherwise requires
17		-	AND EXCEPT AS DETERMINED BY RULE PURSUANT TO
18		-	SECTION
19		-	6-7.5-106 (1):
	14	+	ONCERNING ENVIRONMENTAL STANDARDS FOR CERTAIN
	15	+	PRODUCTS,101
	16	+	AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.102
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	Current law establishes water and energy efficiency standards
	25	+	(standards) for certain appliances and fixtures sold in Colorado. Sections
	26	+	1 through 7 of the bill expand the appliances and fixtures that are subject
	27	+	to the standards and update the standards.
	28	+	Specifically, section 4 updates standards for certain appliances and
	29	+	fixtures that are sold in Colorado on and after certain dates, including:
	30	+	SENATE
	31	+	3rd Reading Unamended
	32	+	May 1, 2023
	33	+	SENATE
	34	+	2nd Reading Unamended
	35	+	April 28, 2023
	36	+	HOUSE
	37	+	3rd Reading Unamended
	38	+	April 15, 2023
	39	+	HOUSE
	40	+	Amended 2nd Reading
	41	+	April 14, 2023
	42	+	HOUSE SPONSORSHIP
	43	+	Kipp and Willford, Amabile, Bacon, Bird, Boesenecker, Brown, deGruy Kennedy,
	44	+	Dickson, Epps, Froelich, Garcia, Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Joseph,
	45	+	Lindsay, Lindstedt, Mabrey, McCormick, Michaelson Jenet, Sirota, Story, Titone, Valdez,
	46	+	Velasco, Vigil, Weinberg, Weissman
	47	+	SENATE SPONSORSHIP
	48	+	Cutter and Winter F., Priola, Buckner, Fenberg, Fields, Gonzales, Hansen, Jaquez Lewis,
	49	+	Moreno
	50	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	51	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	52	+	Dashes through the words or numbers indicate deletions from existing law. ! Certain faucets and urinals;
	53	+	! Certain lamps;
	54	+	! Commercial hot food holding cabinets;
	55	+	! Portable electric spas;
	56	+	! Residential ventilating fans; and
	57	+	! Spray sprinkler bodies.
	58	+	Section 4 also creates new standards for certain appliances and
	59	+	other fixtures that are sold in Colorado on and after January 1, 2024,
	60	+	including:
	61	+	! Air purifiers;
	62	+	! Commercial ovens;
	63	+	! Electric storage water heaters;
	64	+	! Electric vehicle supply equipment;
	65	+	! Gas fireplaces;
	66	+	! Irrigation controllers;
	67	+	! Tub spout diverters and showerhead tub spout diverter
	68	+	combinations; and
	69	+	! Certain residential windows, residential doors, and
	70	+	residential skylights.
	71	+	Section 4 also removes standards for air compressors, general
	72	+	service lamps, and uninterruptible power supplies.
	73	+	Section 5 requires the executive director of the department of
	74	+	public health and environment (executive director) to promulgate rules on
	75	+	or before January 1, 2026, and every 5 years thereafter:
	76	+	! Adopting a more recent version of any standard; and
	77	+	! Establishing standards for appliances and other devices that
	78	+	are not subject to the standards if certain conditions are
	79	+	met.
	80	+	Section 6 exempts manufacturers of products subject to the
	81	+	standards from having to demonstrate that a product complies with the
	82	+	law if the product appears in the state appliance standards database
	83	+	maintained by the Northeast Energy Efficiency Partnerships, or a
	84	+	successor organization. Section 6 also requires the executive director to
	85	+	conduct periodic, unannounced inspections of major distributors or
	86	+	retailers, including online retailers, of new products in order to determine
	87	+	compliance with the standards.
	88	+	Under current law, any person who sells or offers to sell in the
	89	+	state any new consumer product that is required to meet an efficiency
	90	+	standard but that the person knows does not meet that standard is subject
	91	+	to a civil penalty of not more than $2,000 for each violation, which
	92	+	amount is credited to the general fund. Section 7 credits any penalties
	93	+	imposed to the energy fund created in the Colorado energy office rather
	94	+	than to the general fund and specifies that each transaction or online
	95	+	for-sale product listing constitutes a separate violation.
	96	+	Section 8 establishes the "Clean Lighting Act" to phase out the
	97	+	1161
	98	+	-2- sale of general-purpose fluorescent light bulbs that contain mercury. With
	99	+	certain exceptions:
	100	+	! On and after January 1, 2024, a person shall not
	101	+	manufacture, distribute, sell, or offer for sale in Colorado
	102	+	any new compact fluorescent lamp with a screw- or
	103	+	bayonet-type base; and
	104	+	! On and after January 1, 2025, a person shall not
	105	+	manufacture, distribute, sell, or offer for sale in Colorado
	106	+	any linear fluorescent lamp or any compact fluorescent
	107	+	lamp with a pin-type base.
	108	+	Section 9 establishes standards for heating and water heating
	109	+	appliances. With certain exceptions, on and after January 1, 2025, a
	110	+	person shall not manufacture, distribute, sell, offer for sale, lease, or offer
	111	+	for lease in Colorado any new water heater, boiler, or fan-type central
	112	+	furnace unless the emissions of the product do not exceed certain limits
	113	+	on emissions. On or before January 1, 2029, the air quality control
	114	+	commission in the department of public health and environment must
	115	+	promulgate rules lowering the emission limits. Section 9 also requires
	116	+	manufacturers to use certain testing protocols, display certain information
	117	+	on each product, and demonstrate compliance through one of various
	118	+	described means.
	119	+	Sections 8 and 9 both require the executive director to conduct
	120	+	periodic, unannounced inspections of major distributors or retailers,
	121	+	including online retailers, of new products to determine compliance and
	122	+	to report violations to the attorney general. If the attorney general has
	123	+	probable cause to believe that a violation occurred, the attorney general
	124	+	may bring a civil action on behalf of the state to seek the imposition of
	125	+	civil penalties, and any civil penalties are to be deposited in the energy
	126	+	fund.
	127	+	Be it enacted by the General Assembly of the State of Colorado:1
	128	+	SECTION 1. In Colorado Revised Statutes, amend 6-7.5-102 as2
	129	+	follows: 3
	130	+	6-7.5-102. Definitions. As used in this article 7.5, unless the4
	131	+	context otherwise requires
	132	+	AND EXCEPT AS DETERMINED BY RULE5
	133	+	PURSUANT TO SECTION 6-7.5-106 (1):6
20	134		(1) "Air compressor" means a compressor that:
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. (a) Is designed to compress air;
29		-	(b) Has an inlet that is open to the atmosphere or other source of air;
30		-	and
31		-	(c) Consists of a compression element, also known as a bare
32		-	compressor; one or more drivers; mechanical equipment to drive the
33		-	compression element; and any ancillary equipment "AIR PURIFIER" OR
34		-	"ROOM AIR CLEANER" MEANS AN ELECTRIC, CORD-CONNECTED, PORTABLE
35		-	APPLIANCE THAT HAS THE PRIMARY FUNCTION OF REMOVING PARTICULATE
36		-	MATTER FROM THE AIR
37		-	.
38		-	(2) "AHRI
39		-	1430" MEANS THE AIR-CONDITIONING, HEATING, AND
40		-	REFRIGERATION INSTITUTE STANDARD FOR DEMAND FLEXIBLE ELECTRIC
41		-	STORAGE WATER HEATERS
42		-	.
43		-	(2)
44		-	(3) "ANSI" means the American National Standards Institute or
45		-	its successor organization.
46		-	(4) "ANSI/APSP/ICC-14"
47		-	MEANS THE ANSI STANDARD FOR
48		-	PORTABLE ELECTRIC SPA ENERGY EFFICIENCY
49		-	.
50		-	(5) "ANSI
51		-	C78.81" MEANS THE ANSI STANDARD FOR "ELECTRIC
52		-	LAMPS - DOUBLE-CAPPED FLUORESCENT LAMPS - DIMENSIONAL AND
53		-	ELECTRICAL CHARACTERISTICS".
54		-	(6) "ANSI
55		-	C78.901" MEANS THE ANSI STANDARD FOR "ELECTRIC
56		-	LAMPS - SINGLE-BASED FLUORESCENT LAMPS - DIMENSIONAL AND
57		-	ELECTRICAL CHARACTERISTICS".
	135	+	7
	136	+	(a) Is designed to compress air;8
	137	+	1161-3- (b) Has an inlet that is open to the atmosphere or other source of1
	138	+	air; and2
	139	+	(c) Consists of a compression element, also known as a bare3
	140	+	compressor; one or more drivers; mechanical equipment to drive the4
	141	+	compression element; and any ancillary equipment "AIR PURIFIER" OR5
	142	+	"
	143	+	ROOM AIR CLEANER" MEANS AN ELECTRIC, CORD-CONNECTED, PORTABLE6
	144	+	APPLIANCE THAT HAS THE PRIMARY FUNCTION OF REMOVING PARTICULATE7
	145	+	MATTER FROM THE AIR.8 (2) "AHRI 1430" MEANS THE AIR-CONDITIONING, HEATING, AND9
	146	+	REFRIGERATION INSTITUTE STANDARD FOR DEMAND FLEXIBLE ELECTRIC10
	147	+	STORAGE WATER HEATERS .11
	148	+	(2) (3) "ANSI" means the American National Standards Institute12
	149	+	or its successor organization.13
	150	+	(4) "ANSI/APSP/ICC-14" MEANS THE ANSI STANDARD FOR14
	151	+	PORTABLE ELECTRIC SPA ENERGY EFFICIENCY .15
	152	+	(5) "ANSI C78.81" MEANS THE ANSI STANDARD FOR "ELECTRIC16
	153	+	L
	154	+	AMPS - DOUBLE-CAPPED FLUORESCENT LAMPS - DIMENSIONAL AND17
	155	+	E
	156	+	LECTRICAL CHARACTERISTICS".18
	157	+	(6) "ANSI C78.901" MEANS THE ANSI STANDARD FOR "ELECTRIC19
	158	+	L
	159	+	AMPS - SINGLE-BASED FLUORESCENT LAMPS - DIMENSIONAL AND20
	160	+	E
	161	+	LECTRICAL CHARACTERISTICS".21
58	162		(3)
59		-	(7) "ANSI C79.1-2002" "ANSI C79.1" means the ANSI standard
60		-	for "Electric Lamps - Nomenclature for Glass Bulbs Intended for Use with
61		-	Electric Lamps". approved September 16, 2002.
62		-	(4) (8) "APSP" means the Association of Pool and Spa Professionals
63		-	or its successor organization.
64		-	(5) (9) "CCR" means the California code of regulations, as
65		-	amended.
66		-	PAGE 2-HOUSE BILL 23-1161 (10) "CHECK VALVE" MEANS A COMPONENT THAT IS INTERNAL TO A
67		-	SPRAY SPRINKLER BODY AND PREVENTS SYSTEM DRAINAGE DURING PERIODS
68		-	OF NONOPERATION
69		-	.
70		-	(6) "Cold-only unit" means a water cooler that dispenses cold water
71		-	only.
72		-	(11) "COLD-TEMPERATURE FLUORESCENT LAMP " MEANS A
73		-	FLUORESCENT LAMP THAT
74		-	:
	163	+	(7) "ANSI C79.1" means the ANSI standard for "Electric22
	164	+	Lamps - Nomenclature for Glass Bulbs Intended for Use with Electric23
	165	+	Lamps". approved September 16, 2002.24
	166	+	(4) (8) "APSP" means the Association of Pool and Spa25
	167	+	Professionals or its successor organization.26
	168	+	(5) (9) "CCR" means the California code of regulations, as27
	169	+	1161
	170	+	-4- amended.1
	171	+	(10) "C
	172	+	HECK VALVE" MEANS A COMPONENT THAT IS INTERNAL TO2
	173	+	A SPRAY SPRINKLER BODY AND PREVENTS SYSTEM DRAINAGE DURING3
	174	+	PERIODS OF NONOPERATION.4
	175	+	(6) "Cold-only unit" means a water cooler that dispenses cold
	176	+	5
	177	+	water only.6
	178	+	(11) "C
	179	+	OLD-TEMPERATURE FLUORESCENT LAMP " MEANS A7
	180	+	FLUORESCENT LAMP THAT:8
75	181		(a) I
76		-	S NOT A COMPACT FLUORESCENT LAMP ;
	182	+	S NOT A COMPACT FLUORESCENT LAMP ;9
77	183		(b) I
78		-	S SPECIFICALLY DESIGNED TO START AT A TEMPERATURE OF
79		-	TWENTY DEGREES BELOW ZERO
80		-	FAHRENHEIT WHEN USED WITH A BALLAST
81		-	CONFORMING TO THE REQUIREMENTS OF
82		-	ANSI C78.81 AND ANSI C78.901;
83		-	AND
84		-	(c) IS EXPRESSLY DESIGNATED AS A COLD-TEMPERATURE LAMP BOTH
85		-	IN MARKINGS ON THE LAMP AND IN MARKETING MATERIALS SUCH AS
86		-	CATALOGS
87		-	, SALES LITERATURE, AND PROMOTIONAL MATERIAL .
	184	+	S SPECIFICALLY DESIGNED TO START AT A TEMPERATURE OF10
	185	+	TWENTY DEGREES BELOW ZERO FAHRENHEIT WHEN USED WITH A BALLAST11
	186	+	CONFORMING TO THE REQUIREMENTS OF ANSI C78.81 AND ANSI12
	187	+	C78.901;
	188	+	AND13
	189	+	(c) I
	190	+	S EXPRESSLY DESIGNATED AS A COLD -TEMPERATURE LAMP14
	191	+	BOTH IN MARKINGS ON THE LAMP AND IN MARKETING MATERIALS SUCH AS15
	192	+	CATALOGS, SALES LITERATURE, AND PROMOTIONAL MATERIAL .16
88	193		(7)
89		-	(12) "Commercial dishwasher" means a machine designed to
90		-	clean and sanitize plates, pots, pans, glasses, cups, bowls, utensils, ~~and trays~~
91		-	by applying sprays of detergent solution, with or without ~~blasting media~~
92		-	granules, and a sanitizing rinse.
93		-	(8)
94		-	~~(13) "Commercial fryer" means an appliance~~, ~~including a~~
95		-	~~cooking vessel,~~ ~~in which:~~
96		-	~~(a) Oil is placed to such a depth that~~ the ~~food to be cooked is~~
97		-	~~essentially supported by displacement~~ of the ~~cooking fluid rather than by the~~
98		-	~~bottom~~ of ~~the vessel; and~~
99		-	(b) ~~Heat is delivered to the cooking fluid by means of either:~~
100		-	~~(I) An immersed electric element or band-wrapped vessel; or~~
101		-	(II) Heat transfer from gas burners through either the walls of ~~the~~
102		-	vessel or tubes passing through the cooking fluid.
103		-	~~PAGE 3-HOUSE BILL 23-1161~~ (9) (14) "Commercial hot food holding cabinet" means a heated,
104		-	fully enclosed compartment with one or more solid or transparent ~~doors~~
105		-	designed to maintain the temperature of hot food that has been ~~cooked using~~
106		-	a separate appliance. "Commercial hot food holding cabinet" ~~does not~~
107		-	include heated glass merchandising cabinets, drawer warmers, ~~or cook and~~
108		-	hold appliances.
	194	+	(12) "Commercial dishwasher" means a machine designed to17
	195	+	clean and sanitize plates, pots, pans, glasses, cups, bowls, utensils, and18
	196	+	trays by applying sprays of detergent solution, with or without blasting19
	197	+	media granules, and a sanitizing rinse.20
	198	+	(8) (13) "Commercial fryer" means an appliance, including a21
	199	+	cooking vessel, in which:22
	200	+	(a) Oil is placed to such a depth that the food to be cooked is23
	201	+	essentially supported by displacement of the cooking fluid rather than by24
	202	+	the bottom of the vessel; and25
	203	+	(b) Heat is delivered to the cooking fluid by means of either:26
	204	+	(I) An immersed electric element or band-wrapped vessel; or27
	205	+	1161
	206	+	-5- (II) Heat transfer from gas burners through either the walls of the1
	207	+	vessel or tubes passing through the cooking fluid.2
	208	+	(9) (14) "Commercial hot food holding cabinet" means a heated,3
	209	+	fully enclosed compartment with one or more solid or transparent doors4
	210	+	designed to maintain the temperature of hot food that has been cooked5
	211	+	using a separate appliance. "Commercial hot food holding cabinet" does6
	212	+	not include heated glass merchandising cabinets, drawer warmers, or7
	213	+	cook and hold appliances.8
109	214		(15) "C
110		-	OMMERCIAL OVEN" MEANS A CHAMBER DESIGNED ~~FOR~~
111		-	HEATING
112		-	~~, ROASTING~~, OR ~~BAKING FOOD BY CONDUCTION , CONVECTION,~~
113		-	~~RADIATION, OR ELECTROMAGNETIC ENERGY .~~
114		-	~~(10)~~ (16) "Commercial steam cooker" means a device with one or
115		-	more food-steaming compartments in which thermal energy is ~~transferred~~
116		-	from the steam to the food by direct contact. "Commercial steam cooker"
117		-	includes countertop models, wall-mounted models, and floor ~~models~~
118		-	mounted on a stand, pedestal, or cabinet-style base.
	215	+	OMMERCIAL OVEN" MEANS A CHAMBER DESIGNED FOR9
	216	+	HEATING, ROASTING, OR BAKING FOOD BY CONDUCTION , CONVECTION,10
	217	+	RADIATION, OR ELECTROMAGNETIC ENERGY .11
	218	+	(10)
	219	+	(16) "Commercial steam cooker" means a device with one or12
	220	+	more food-steaming compartments in which thermal energy is transferred13
	221	+	from the steam to the food by direct contact. "Commercial steam cooker"14
	222	+	includes countertop models, wall-mounted models, and floor models15
	223	+	mounted on a stand, pedestal, or cabinet-style base.16
119	224		(17) "C
120		-	OMPACT FLUORESCENT LAMP " MEANS A FLUORESCENT LAMP
121		-	THAT INCLUDES
122		-	:
	225	+	OMPACT FLUORESCENT LAMP " MEANS A FLUORESCENT17
	226	+	LAMP THAT INCLUDES:18
123	227		(a) A
124		-	TUBE THAT IS CURVED OR FOLDED TO FIT THE SIZE OF A
125		-	TRADITIONAL HOUSEHOLD LIGHT BULB
126		-	~~; AND~~
127		-	~~(b) A~~ COMPACT ELECTRONIC BALLAST IN THE BASE OF THE LAMP .
	228	+	TUBE THAT IS CURVED OR FOLDED TO FIT THE SIZE OF A19
	229	+	TRADITIONAL HOUSEHOLD LIGHT BULB ; AND20
	230	+	(b) A
	231	+	COMPACT ELECTRONIC BALLAST IN THE BASE OF THE LAMP .21
128	232		(11)
129		-	(18) "Compensation" means money or any other thing of value,
130		-	regardless of form, received or to be received by a person for goods or
131		-	services rendered.
132		-	(12) "Compressor" means a machine or apparatus that converts
133		-	different types of energy into the potential energy of gas pressure for
134		-	displacement and compression of gaseous media to any higher pressure
135		-	values above atmospheric pressure and has a pressure ratio at full-load
136		-	operating pressure greater than 1.3 atmospheres.
137		-	(13) (19) "Computer" and "computer monitor" have the meanings
138		-	set forth in 20 CCR sec. 1602 (v).
139		-	(14) "Cook and cold unit" means a water cooler that dispenses both
140		-	cold and room-temperature water.
141		-	PAGE 4-HOUSE BILL 23-1161 (20) "CTA" MEANS THE CONSUMER TECHNOLOGY ASSOCIATION, OR
142		-	A SUCCESSOR ORGANIZATION
143		-	.
	233	+	(18) "Compensation" means money or any other thing of22
	234	+	value, regardless of form, received or to be received by a person for23
	235	+	goods or services rendered.24
	236	+	(12) "Compressor" means a machine or apparatus that converts25
	237	+	different types of energy into the potential energy of gas pressure for26
	238	+	displacement and compression of gaseous media to any higher pressure27
	239	+	1161
	240	+	-6- values above atmospheric pressure and has a pressure ratio at full-load1
	241	+	operating pressure greater than 1.3 atmospheres.2
	242	+	(13) (19) "Computer" and "computer monitor" have the meanings3
	243	+	set forth in 20 CCR sec. 1602 (v).4
	244	+	(14) "Cook and cold unit" means a water cooler that dispenses5
	245	+	both cold and room-temperature water.6
	246	+	(20) "CTA"
	247	+	MEANS THE CONSUMER TECHNOLOGY ASSOCIATION,7
	248	+	OR A SUCCESSOR ORGANIZATION .8
144	249		(21) "D
145		-	ECORATIVE GAS FIREPLACE" MEANS A VENTED FIREPLACE,
146		-	INCLUDING A UNIT THAT IS FREESTANDING, RECESSED, OR ~~ZERO CLEARANCE,~~
147		-	OR A GAS FIREPLACE INSERT THAT IS:
	250	+	ECORATIVE GAS FIREPLACE" MEANS A VENTED FIREPLACE,9
	251	+	INCLUDING A UNIT THAT IS FREESTANDING , RECESSED, OR ZERO10
	252	+	CLEARANCE, OR A GAS FIREPLACE INSERT THAT IS:11
148	253		(a) F
149		-	UELED BY NATURAL GAS OR PROPANE ;
	254	+	UELED BY NATURAL GAS OR PROPANE ;12
150	255		(b) M
151		-	ARKED OR INTENDED FOR DECORATIVE USE ONLY ; ~~AND~~
152		-	(c) ~~NOT EQUIPPED WITH A THERMOSTAT OR INTENDED FOR USE AS A~~
153		-	~~HEATER~~
154		-	.
	256	+	ARKED OR INTENDED FOR DECORATIVE USE ONLY ; AND13
	257	+	(c) N
	258	+	OT EQUIPPED WITH A THERMOSTAT OR INTENDED FOR USE AS14
	259	+	A HEATER.15
155	260		(22) "E
156		-	LECTRIC STORAGE WATER HEATER " MEANS A CONSUMER
157		-	PRODUCT THAT
158		-	:
	261	+	LECTRIC STORAGE WATER HEATER " MEANS A CONSUMER16
	262	+	PRODUCT THAT:17
159	263		(a) U
160		-	SES ELECTRICITY TO HEAT DOMESTIC POTABLE WATER ;
	264	+	SES ELECTRICITY TO HEAT DOMESTIC POTABLE WATER ;18
161	265		(b) H
162		-	AS A NAMEPLATE INPUT RATING OF TWELVE KILOWATTS OR
163		-	LESS
164		-	;
	266	+	AS A NAMEPLATE INPUT RATING OF TWELVE KILOWATTS OR19
	267	+	LESS;20
165	268		(c) H
166		-	AS A RATED HOT WATER STORAGE CAPACITY BETWEEN FORTY
167		-	AND ONE HUNDRED TWENTY GALLONS
168		-	; AND
169		-	(d) DELIVERS HOT WATER AT A MAXIMUM TEMPERATURE OF LESS
170		-	THAN ONE HUNDRED EIGHTY DEGREES
171		-	FAHRENHEIT.
	269	+	AS A RATED HOT WATER STORAGE CAPACITY BETWEEN FORTY21
	270	+	AND ONE HUNDRED TWENTY GALLONS ; AND22
	271	+	(d) D
	272	+	ELIVERS HOT WATER AT A MAXIMUM TEMPERATURE OF LESS23
	273	+	THAN ONE HUNDRED EIGHTY DEGREES FAHRENHEIT.24
172	274		(23) (a) "E
173		-	LECTRIC VEHICLE SUPPLY EQUIPMENT " MEANS
174		-	CONDUCTORS
175		-	, INCLUDING UNGROUNDED , GROUNDED , AND
176		-	EQUIPMENT
177		-	-GROUNDING CONDUCTORS ; ELECTRIC VEHICLE CONNECTORS ;
178		-	ATTACHMENT PLUGS; AND ALL OTHER FITTINGS, DEVICES, POWER OUTLETS,
179		-	OR APPARATUSES INSTALLED SPECIFICALLY FOR THE PURPOSE OF DELIVERING
180		-	ENERGY FROM THE WIRING OF A PREMISES TO AN ELECTRIC VEHICLE
181		-	.
	275	+	LECTRIC VEHICLE SUPPLY EQUIPMENT " MEANS25
	276	+	CONDUCTORS , INCLUDING UNGROUNDED , GROUNDED , AND26
	277	+	EQUIPMENT-GROUNDING CONDUCTORS ; ELECTRIC VEHICLE CONNECTORS;27
	278	+	1161
	279	+	-7- ATTACHMENT PLUGS ; AND ALL OTHER FITTINGS , DEVICES, POWER1
	280	+	OUTLETS, OR APPARATUSES INSTALLED SPECIFICALLY FOR THE PURPOSE OF2
	281	+	DELIVERING ENERGY FROM THE WIRING OF A PREMISES TO AN ELECTRIC3
	282	+	VEHICLE.4
182	283		(b) "E
183		-	LECTRIC VEHICLE SUPPLY EQUIPMENT " DOES NOT INCLUDE A
184		-	CONDUCTOR
185		-	, CONNECTOR, OR FITTING THAT IS PART OF A VEHICLE.
	284	+	LECTRIC VEHICLE SUPPLY EQUIPMENT " DOES NOT INCLUDE5
	285	+	A CONDUCTOR, CONNECTOR, OR FITTING THAT IS PART OF A VEHICLE.6
186	286		(15)
187		-	(24) "Energy Star program" means the federal program
188		-	authorized by 42 U.S.C. sec. 6294a, as amended.
189		-	PAGE 5-HOUSE BILL 23-1161 (16) (25) "Executive director" means the executive director of the
190		-	department of public health and environment or the executive director's
191		-	designee.
192		-	(17)
193		-	(26) "Faucet" means:
	287	+	(24) "Energy Star program" means the federal program7
	288	+	authorized by 42 U.S.C. sec. 6294a, as amended.8
	289	+	(16) (25) "Executive director" means the executive director of the9
	290	+	department of public health and environment or the executive director's10
	291	+	designee.11
	292	+	(17) (26) "Faucet" means:12
194	293		(a) A
195		-	PUBLIC OR PRIVATE lavatory faucet, RESIDENTIAL ~~kitchen~~
	294	+	PUBLIC OR PRIVATE lavatory faucet, RESIDENTIAL kitchen13
196	295		faucet,
197	296		OR metering faucet; or public lavatory faucet; and
198		-	OR
199		-	(b) A replacement aerator for a PUBLIC OR PRIVATE lavatory faucet
200		-	public lavatory faucet, or RESIDENTIAL kitchen faucet.
201		-	(18) (27) "Flushometer-valve water closet" means a type of
202		-	commercial toilet that uses a valve for flushing by operation of a handle that
203		-	discharges a definite quantity of water under pressure directly into the
204		-	fixture.
	297	+	OR14
	298	+	(b) A replacement aerator for a
	299	+	PUBLIC OR PRIVATE lavatory faucet15
	300	+	public lavatory faucet,
	301	+	or RESIDENTIAL kitchen faucet.16
	302	+	(18) (27) "Flushometer-valve water closet" means a type of17
	303	+	commercial toilet that uses a valve for flushing by operation of a handle18
	304	+	that discharges a definite quantity of water under pressure directly into the19
	305	+	fixture.20
205	306		(28) "G
206		-	AS FIREPLACE" MEANS A DECORATIVE GAS FIREPLACE OR A
207		-	HEATING GAS FIREPLACE
208		-	.
209		-	(29) "G
210		-	AS LOG SET" MEANS A FIREPLACE PRODUCT DESIGNED TO BE
211		-	USED AND INSTALLED IN A WORKING MASONRY OR FACTORY
212		-	-BUILT
213		-	WOOD
214		-	-BURNING FIREPLACE AND VENTED THR OUGH A CHIMNEY BY NATURAL
215		-	DRAFTING OR POWER VENTING
216		-	.
217		-	(19) "General service lamp":
218		-	(a) Means a lamp that:
219		-	(I) Has a base that complies with ANSI standards;
220		-	(II) Is able to operate at a voltage:
221		-	(A) Of twelve or twenty-four volts;
222		-	(B) At or between one hundred and one hundred thirty volts;
223		-	(C) At or between two hundred twenty and two hundred forty volts;
224		-	or
225		-	PAGE 6-HOUSE BILL 23-1161 (D) Of two hundred seventy-seven volts for integrated lamps or any
226		-	voltage for nonintegrated lamps;
227		-	(III) Has an initial lumen output greater than or equal to three
228		-	hundred ten lumens, or two hundred thirty-two lumens for modified
229		-	spectrum general service incandescent lamps, and less than or equal to three
230		-	thousand three hundred lumens;
231		-	(IV) Is not a light fixture or an LED downlight retrofit kit; and
232		-	(V) Is used in general lighting applications;
233		-	(b) Includes general service incandescent lamps, compact
234		-	fluorescent lamps, general service LED lamps, and general service organic
235		-	LED lamps;
236		-	(c) Does not include:
237		-	(I) Appliance lamps;
238		-	(II) Black light lamps;
239		-	(III) Bug lamps;
240		-	(IV) Colored lamps;
241		-	(V) G-shape lamps with a diameter of five inches or more as defined
242		-	in ANSI C79.1-2002;
243		-	(VI) General service fluorescent lamps;
244		-	(VII) High-intensity discharge lamps;
245		-	(VIII) Infrared lamps;
246		-	(IX) J, JC, JCD, JCS, JCV, JCX, JD, JS, and JT-shape lamps that do
247		-	not have Edison screw bases;
248		-	(X) Lamps that have a wedge base or prefocus base;
249		-	PAGE 7-HOUSE BILL 23-1161 (XI) Left-hand thread lamps;
250		-	(XII) Marine lamps;
251		-	(XIII) Marine signal service lamps;
252		-	(XIV) Mine service lamps;
253		-	(XV) MR-shape lamps that:
254		-	(A) Have a first number symbol equal to sixteen (diameter equal to
255		-	two inches), as defined in ANSI C79.1-2002;
256		-	(B) Operate at twelve volts; and
257		-	(C) Have a lumen output greater than or equal to eight hundred;
258		-	(XVI) Other fluorescent lamps not described in subsection (19)(b)
259		-	of this section;
260		-	(XVII) Plant light lamps;
261		-	(XVIII) R20 short lamps;
262		-	(XIX) Reflector lamps that have a first number symbol less than
263		-	sixteen (diameter less than two inches) as defined in ANSI C79.1-2002 and
264		-	that do not have E26/E24, E26d, E26/50x39, E26/53x39, E29/28,
265		-	E29/53x39, E39, E39d, EP39, or EX39 bases;
266		-	(XX) S-shape or G-shape lamps that have a first number symbol less
267		-	than or equal to twelve and one-half (diameter less than or equal to 1.5625
268		-	inches) as defined in ANSI C79.1-2002;
269		-	(XXI) Sign service lamps;
270		-	(XXII) Silver bowl lamps;
271		-	(XXIII) Showcase lamps;
272		-	(XXIV) Specialty MR lamps;
273		-	PAGE 8-HOUSE BILL 23-1161 (XXV) T-shape lamps that:
274		-	(A) Have a first number symbol less than or equal to eight (diameter
275		-	less than or equal to one inch), as defined in ANSI C79.1-2002;
276		-	(B) Have a nominal overall length less than twelve inches; and
277		-	(C) Are not compact fluorescent lamps; or
278		-	(XXVI) Traffic signal lamps.
279		-	(20) (30) "GPM" means gallons per minute.
280		-	(31) "H
281		-	ANDHELD SHOWERHEAD " MEANS A SHOWERHEAD THAT IS
282		-	CONNECTED TO A FLEXIBLE HOSE AND CAN BE HELD OR FIXED IN PLACE FOR
283		-	THE PURPOSE OF SPRAYING WATER ON A BATHER
284		-	.
285		-	(32) "H
286		-	EATING GAS FIREPLACE" MEANS A VENTED FIREPLACE ,
287		-	INCLUDING A UNIT THAT IS FREESTANDING, RECESSED, OR ZERO CLEARANCE
288		-	OR A FIREPLACE INSERT
289		-	, THAT IS:
	307	+	AS FIREPLACE" MEANS A DECORATIVE GAS FIREPLACE OR21
	308	+	A HEATING GAS FIREPLACE.22
	309	+	(29) "GAS LOG SET" MEANS A FIREPLACE PRODUCT DESIGNED TO23
	310	+	BE USED AND INSTALLED IN A WORKING MASONRY OR FACTORY -BUILT24
	311	+	WOOD-BURNING FIREPLACE AND VENTED THROUGH A CHIMNEY BY25
	312	+	NATURAL DRAFTING OR POWER VENTING .26
	313	+	(19) "General service lamp":27
	314	+	1161
	315	+	-8- (a) Means a lamp that:1
	316	+	(I) Has a base that complies with ANSI standards;2
	317	+	(II) Is able to operate at a voltage:3
	318	+	(A) Of twelve or twenty-four volts;4
	319	+	(B) At or between one hundred and one hundred thirty volts;5
	320	+	(C) At or between two hundred twenty and two hundred forty6
	321	+	volts; or7
	322	+	(D) Of two hundred seventy-seven volts for integrated lamps or8
	323	+	any voltage for nonintegrated lamps;9
	324	+	(III) Has an initial lumen output greater than or equal to three10
	325	+	hundred ten lumens, or two hundred thirty-two lumens for modified11
	326	+	spectrum general service incandescent lamps, and less than or equal to12
	327	+	three thousand three hundred lumens;13
	328	+	(IV) Is not a light fixture or an LED downlight retrofit kit; and14
	329	+	(V) Is used in general lighting applications;15
	330	+	(b) Includes general service incandescent lamps, compact16
	331	+	fluorescent lamps, general service LED lamps, and general service17
	332	+	organic LED lamps;18
	333	+	(c) Does not include:19
	334	+	(I) Appliance lamps;20
	335	+	(II) Black light lamps;21
	336	+	(III) Bug lamps;22
	337	+	(IV) Colored lamps;23
	338	+	(V) G-shape lamps with a diameter of five inches or more as24
	339	+	defined in ANSI C79.1-2002;25
	340	+	(VI) General service fluorescent lamps;26
	341	+	(VII) High-intensity discharge lamps;27
	342	+	1161
	343	+	-9- (VIII) Infrared lamps;1
	344	+	(IX) J, JC, JCD, JCS, JCV, JCX, JD, JS, and JT-shape lamps that2
	345	+	do not have Edison screw bases;3
	346	+	(X) Lamps that have a wedge base or prefocus base;4
	347	+	(XI) Left-hand thread lamps;5
	348	+	(XII) Marine lamps;6
	349	+	(XIII) Marine signal service lamps;7
	350	+	(XIV) Mine service lamps;8
	351	+	(XV) MR-shape lamps that:9
	352	+	(A) Have a first number symbol equal to sixteen (diameter equal10
	353	+	to two inches), as defined in ANSI C79.1-2002;11
	354	+	(B) Operate at twelve volts; and12
	355	+	(C) Have a lumen output greater than or equal to eight hundred;13
	356	+	(XVI) Other fluorescent lamps not described in subsection (19)(b)14
	357	+	of this section;15
	358	+	(XVII) Plant light lamps;16
	359	+	(XVIII) R20 short lamps;17
	360	+	(XIX) Reflector lamps that have a first number symbol less than18
	361	+	sixteen (diameter less than two inches) as defined in ANSI C79.1-200219
	362	+	and that do not have E26/E24, E26d, E26/50x39, E26/53x39, E29/28,20
	363	+	E29/53x39, E39, E39d, EP39, or EX39 bases;21
	364	+	(XX) S-shape or G-shape lamps that have a first number symbol22
	365	+	less than or equal to twelve and one-half (diameter less than or equal to23
	366	+	1.5625 inches) as defined in ANSI C79.1-2002;24
	367	+	(XXI) Sign service lamps;25
	368	+	(XXII) Silver bowl lamps;26
	369	+	(XXIII) Showcase lamps;27
	370	+	1161
	371	+	-10- (XXIV) Specialty MR lamps;1
	372	+	(XXV) T-shape lamps that:2
	373	+	(A) Have a first number symbol less than or equal to eight3
	374	+	(diameter less than or equal to one inch), as defined in ANSI C79.1-2002;4
	375	+	(B) Have a nominal overall length less than twelve inches; and5
	376	+	(C) Are not compact fluorescent lamps; or6
	377	+	(XXVI) Traffic signal lamps.7
	378	+	(20) (30) "GPM" means gallons per minute.8
	379	+	(31) "HANDHELD SHOWERHEAD " MEANS A SHOWERHEAD THAT IS9
	380	+	CONNECTED TO A FLEXIBLE HOSE AND CAN BE HELD OR FIXED IN PLACE10
	381	+	FOR THE PURPOSE OF SPRAYING WATER ON A BATHER .11
	382	+	(32) "HEATING GAS FIREPLACE" MEANS A VENTED FIREPLACE ,12
	383	+	INCLUDING A UNIT THAT IS FREESTANDING , RECESSED, OR ZERO13
	384	+	CLEARANCE OR A FIREPLACE INSERT, THAT IS:14
290	385		(a) F
291		-	UELED BY NATURAL GAS OR PROPANE ; AND
292		-	(b) NOT A DECORATIVE GAS FIREPLACE.
	386	+	UELED BY NATURAL GAS OR PROPANE ; AND15
	387	+	(b) N
	388	+	OT A DECORATIVE GAS FIREPLACE.16
293	389		(21)
294		-	(33) "High color rendering index (CRI) CRI fluorescent lamp"
295		-	means a fluorescent lamp with a CRI COLOR RENDERING INDEX of
296		-	eighty-seven or greater that is not a compact fluorescent lamp.
297		-	(22) "Hot and cold unit" means a water cooler that dispenses both
298		-	hot and cold water. It may also dispense room-temperature water.
299		-	(23) (34) "ICC" means the International Code Council or its
300		-	successor organization.
301		-	(35) "I
302		-	MPACT-RESISTANT FLUORESCENT LAMP " MEANS A
303		-	FLUORESCENT LAMP THAT
304		-	:
	390	+	(33) "High color rendering index (CRI) CRI fluorescent17
	391	+	lamp" means a fluorescent lamp with a CRI COLOR RENDERING INDEX of18
	392	+	eighty-seven or greater that is not a compact fluorescent lamp.19
	393	+	(22) "Hot and cold unit" means a water cooler that dispenses both20
	394	+	hot and cold water. It may also dispense room-temperature water.21
	395	+	(23) (34) "ICC" means the International Code Council or its22
	396	+	successor organization.23
	397	+	(35) "IMPACT-RESISTANT FLUORESCENT LAMP " MEANS A24
	398	+	FLUORESCENT LAMP THAT:25
305	399		(a) I
306		-	S NOT A COMPACT FLUORESCENT LAMP ;
307		-	PAGE 9-HOUSE BILL 23-1161 (b) HAS A COATING OR EQUIVALENT TECHNOLOGY THAT IS
308		-	COMPLIANT WITH
309		-	NSF/ANSI 51 AND IS DESIGNED TO CONTAIN THE GLASS
310		-	IF THE GLASS ENVELOPE OF THE LAMP IS BROKEN
311		-	; AND
312		-	(c) IS DESIGNATED AND MARKETED FOR THE INTENDED APPLICATION ,
313		-	WITH:
	400	+	S NOT A COMPACT FLUORESCENT LAMP ;26
	401	+	(b) H
	402	+	AS A COATING OR EQUIVALENT TECHNOLOGY THAT IS27
	403	+	1161
	404	+	-11- COMPLIANT WITH NSF/ANSI 51 AND IS DESIGNED TO CONTAIN THE GLASS1
	405	+	IF THE GLASS ENVELOPE OF THE LAMP IS BROKEN ; AND2
	406	+	(c) I
	407	+	S DESIGNATED AND MARKETED FOR THE INTENDED3
	408	+	APPLICATION, WITH:4
314	409		(I) T
315		-	HE DESIGNATION APPEARING ON THE LAMP PACKAGING ; AND
316		-	(II) MARKETING MATERIALS THAT IDENTIFY THE LAMP AS BEING
317		-	IMPACT
318		-	-RESISTANT, SHATTER-RESISTANT, SHATTERPROOF , OR
319		-	SHATTER
320		-	-PROTECTED.
321		-	(36) "I
322		-	NDUSTRIAL AIR PURIFIER" MEANS AN INDOOR AIR CLEANING
323		-	DEVICE THAT IS
324		-	:
	410	+	HE DESIGNATION APPEARING ON THE LAMP PACKAGING ; AND5
	411	+	(II) M
	412	+	ARKETING MATERIALS THAT IDENTIFY THE LAMP AS BEING6
	413	+	IMPACT-RESISTANT, SHATTER-RESISTANT, SHATTERPROOF , OR7
	414	+	SHATTER-PROTECTED.8
	415	+	(36) "INDUSTRIAL AIR PURIFIER" MEANS AN INDOOR AIR CLEANING9
	416	+	DEVICE THAT IS:10
325	417		(a) M
326		-	ANUFACTURED, ADVERTISED, MARKETED, LABELED, AND USED
327		-	SOLELY FOR INDUSTRIAL PURPOSES
328		-	;
	418	+	ANUFACTURED, ADVERTISED, MARKETED, LABELED, AND11
	419	+	USED SOLELY FOR INDUSTRIAL PURPOSES ;12
329	420		(b) M
330		-	ARKETED SOLELY THROUGH INDUSTRIAL SUPPLY OUTLETS OR
331		-	BUSINESSES
332		-	~~; AND~~
333		-	~~(c) PROMINENTLY~~ LABELED AS "SOLELY FOR INDUSTRIAL USE .
	421	+	ARKETED SOLELY THROUGH INDUSTRIAL SUPPLY OUTLETS OR13
	422	+	BUSINESSES; AND14
	423	+	(c) P
	424	+	ROMINENTLY LABELED AS "SOLELY FOR INDUSTRIAL USE.15
334	425		P
335		-	OTENTIAL HEALTH HAZARD : EMITS OZONE."
336		-	(37) "I
337		-	NLINE RESIDENTIAL VENTILATING FAN" MEANS A VENTILATING
338		-	FAN THAT IS LOCATED WITHIN THE STRUCTURE OF A BUILDING AND REQUIRES
339		-	DUCTWORK ON BOTH THE INLET AND THE OUTLET
340		-	.
341		-	(38) "I
342		-	RRIGATION CONTROLLER " MEANS A STANDALONE
343		-	CONTROLLER
344		-	, AN ADD-ON DEVICE, OR A PLUG-IN DEVICE THAT IS USED TO
345		-	OPERATE AN AUTOMATIC IRRIGATION SYSTEM SUCH AS A LAWN SPRINKLER
346		-	OR DRIP IRRIGATION SYSTEM DESIGNED AND INTENDED FOR
347		-	NONAGRICULTURAL PURPOSES
348		-	. "IRRIGATION CONTROLLER" INCLUDES:
	426	+	OTENTIAL HEALTH HAZARD : EMITS OZONE."16
	427	+	(37) "INLINE RESIDENTIAL VENTILATING FAN " MEANS A17
	428	+	VENTILATING FAN THAT IS LOCATED WITHIN THE STRUCTURE OF A18
	429	+	BUILDING AND REQUIRES DUCTWORK ON BOTH THE INLET AND THE19
	430	+	OUTLET.20
	431	+	(38) "IRRIGATION CONTROLLER" MEANS A STANDALONE21
	432	+	CONTROLLER, AN ADD-ON DEVICE, OR A PLUG-IN DEVICE THAT IS USED TO22
	433	+	OPERATE AN AUTOMATIC IRRIGATION SYSTEM SUCH AS A LAWN SPRINKLER23
	434	+	OR DRIP IRRIGATION SYSTEM DESIGNED AND INTENDED FOR24
	435	+	NONAGRICULTURAL PURPOSES . "IRRIGATION CONTROLLER" INCLUDES:25
	436	+	(a) A SOIL MOISTURE-BASED IRRIGATION CONTROLLER THAT26
	437	+	INHIBITS OR ALLOWS AN IRRIGATION EVENT BASED ON A READING FROM A27
	438	+	1161
	439	+	-12- SOIL MOISTURE SENSOR MECHANISM ; AND1
	440	+	(b) A WEATHER-BASED IRRIGATION CONTROLLER THAT USES2
	441	+	CURRENT WEATHER DATA AS A BASIS FOR SCHEDULING IRRIGATION .3
	442	+	(24) (39) (a) "Lamp" means a device that emits light and is used4
	443	+	to illuminate an indoor or outdoor space.5
	444	+	(b) "Lamp" does not include a heat lamp.6
	445	+	(25) (40) "LED" means light-emitting diode.7
	446	+	(26) "Low-efficiency plumbing fixture" means any of the8
	447	+	following plumbing fixtures or fittings that is not a WaterSense-listed9
	448	+	plumbing fixture:10
	449	+	(a) A lavatory faucet;11
	450	+	(b) A shower head;12
	451	+	(c) A flushing urinal;13
	452	+	(d) A flushometer-valve water closet; or14
	453	+	(e) A tank-type toilet or tank-type water closet.15
	454	+	(27) (41) "Metering faucet" means a fitting that, when turned on,16
	455	+	will gradually shut off the flow of water over a period of several seconds17
	456	+	SELF-CLOSING FAUCET THAT DISPENSES A SPECIFIC VOLUME OF WATER FOR18
	457	+	EACH ACTUATION CYCLE AND FOR WHICH THE VOLUME OR CYCLE19
	458	+	DURATION MAY BE FIXED OR ADJUSTABLE .20
	459	+	(28) "NEMA" means the National Electrical Manufacturers21
	460	+	Association or its successor organization.22
	461	+	(42) "NSF" MEANS NSF INTERNATIONAL, FORMERLY KNOWN AS23
	462	+	THE NATIONAL SANITATION FOUNDATION.24
	463	+	(43) "NSF/ANSI 51" MEANS THE NSF/ANSI 51 STANDARD FOR25
	464	+	FOOD EQUIPMENT MATERIALS .26
	465	+	(44) "PLUMBING FIXTURE" MEANS AN EXCHANGEABLE DEVICE27
	466	+	1161
	467	+	-13- THAT CONNECTS TO A PLUMBING SYSTEM TO DELIVER WATER OR DRAIN1
	468	+	WATER AND WASTE.2
	469	+	(29) (45) "Portable air conditioner" means a portable encased3
	470	+	assembly, other than a packaged terminal air conditioner, ductless4
	471	+	portable air conditioner, room air conditioner, or dehumidifier, that:5
	472	+	(a) Delivers cooled, conditioned air to an enclosed space;6
	473	+	(b) Is powered by single-phase electric current;7
	474	+	(c) Includes a source of refrigeration;8
	475	+	(d) May be a single-duct or dual-duct portable air conditioner; and9
	476	+	(e) May include additional means for air circulation and heating.10
	477	+	(30) (46) "Portable electric spa" means a factory-built electric spa11
	478	+	or hot tub It THAT may or may not include any combination of integral12
	479	+	controls, water heating, and water circulating equipment.13
	480	+	(31) (47) "Pressure regulator" means a device that maintains14
	481	+	constant operating pressure immediately downstream from a spray15
	482	+	sprinkler body, given higher pressure upstream of the device.16
	483	+	(48) "PRIVATE LAVATORY FAUCET" MEANS A BATHROOM FAUCET17
	484	+	THAT, AS INSTALLED, IS NOT IN A LOCATION THAT IS AVAILABLE TO THE18
	485	+	PUBLIC, INCLUDING A LAVATORY FAUCET IN A PRIVATE RESIDENCE .19
	486	+	(49) "PROGRAMMABLE THERMOSTAT " MEANS A THERMOSTAT20
	487	+	THAT:21
	488	+	(a) C
	489	+	ONTROLS A PRIMARY HEATING OR COOLING SYSTEM ON A22
	490	+	DAILY SCHEDULE TO MAINTAIN DIFFERENT TEMPERATURES DURING23
	491	+	CERTAIN TIMES OF DAY AND DAYS OF THE WEEK ; AND24
	492	+	(b) H
	493	+	AS THE CAPABILITY TO MAINTAIN ZONE TEMPERATURES25
	494	+	BETWEEN FIFTY-FIVE DEGREES FAHRENHEIT AND EIGHTY-FIVE DEGREES26
	495	+	F
	496	+	AHRENHEIT.27
	497	+	1161
	498	+	-14- (32) (50) "PSI" means pounds per square inch.1
	499	+	(33) (51) "Public lavatory faucet" means a fitting designed and2
	500	+	marketed for installation in a nonresidential bathroom, which bathroom3
	501	+	is exposed to walk-in traffic.4
	502	+	(34) (52) "Replacement aerator" means an aerator sold as a5
	503	+	replacement, separate from the faucet to which it is intended to be6
	504	+	attached.7
	505	+	(53) "RESIDENTIAL BUILDING" MEANS A STRUCTURE THAT IS USED8
	506	+	PRIMARILY FOR LIVING AND SLEEPING AND THAT IS ZONED AS RESIDENTIAL9
	507	+	OR OTHERWISE SUBJECT TO RESIDENTIAL BUILDING CODES . FOR THE10
	508	+	PURPOSES OF RESIDENTIAL WINDOWS , DOORS, AND SKYLIGHTS ,11
	509	+	"
	510	+	RESIDENTIAL BUILDING" MEANS A BUILDING THAT IS THREE STORIES OR12
	511	+	LESS IN HEIGHT.13 (54) "RESIDENTIAL DOOR" MEANS A SLIDING OR SWINGING ENTRY14
	512	+	SYSTEM THAT IS INSTALLED OR DESIGNED FOR INSTALLATION IN A15
	513	+	VERTICAL WALL SEPARATING CONDITIONED AND UNCONDITIONED SPACE16
	514	+	IN A RESIDENTIAL BUILDING.17
	515	+	(55) "RESIDENTIAL KITCHEN FAUCET " MEANS A FAUCET IN A18
	516	+	KITCHEN OF A RESIDENTIAL BUILDING.19
	517	+	(56) "RESIDENTIAL SKYLIGHT" MEANS A WINDOW THAT IS20
	518	+	DESIGNED FOR SLOPED OR HORIZONTAL APPLICATION IN THE ROOF OF A21
	519	+	RESIDENTIAL BUILDING, THE PRIMARY PURPOSE OF WHICH WINDOW IS TO22
	520	+	PROVIDE DAYLIGHT OR VENTILATION. "RESIDENTIAL SKYLIGHT" INCLUDES23
	521	+	A TUBULAR DAYLIGHTING DEVICE .24
	522	+	(35) (57) "Residential ventilating fan" means an A25
	523	+	CEILING-MOUNTED, A WALL-MOUNTED, OR AN inline RESIDENTIAL fan26
	524	+	THAT IS designed to be used in a bathroom or A utility room and whose27
	525	+	1161
	526	+	-15- purpose is to move FOR THE PURPOSE OF MOVING air from inside the A1
	527	+	RESIDENTIAL building to the outdoors. It may be ceiling-mounted,2
	528	+	wall-mounted, or remotely mounted.3
	529	+	(58) (a) "RESIDENTIAL WINDOW" MEANS AN ASSEMBLED UNIT4
	530	+	THAT:5
	531	+	(I) C
	532	+	ONSISTS OF A FRAME THAT HOLDS ONE OR MORE PIECES OF6
	533	+	GLASS OR OTHER GLAZING MATERIAL THAT ADMITS LIGHT OR AIR INTO AN7
	534	+	ENCLOSURE; AND8
	535	+	(II) I
	536	+	S DESIGNED FOR INSTALLATION AT A SLOPE OF AT LEAST SIXTY9
	537	+	DEGREES FROM HORIZONTAL IN AN EXTERNAL WALL OF A RESIDENTIAL10
	538	+	BUILDING.11
	539	+	(b) "R
	540	+	ESIDENTIAL WINDOW" INCLUDES A TRANSOM WINDOW BUT12
	541	+	DOES NOT INCLUDE A RESIDENTIAL SKYLIGHT .13
	542	+	(59) "SHOWERHEAD" MEANS A DEVICE THROUGH WHICH WATER IS14
	543	+	DISCHARGED FOR A SHOWER BATH . "SHOWERHEAD" INCLUDES A15
	544	+	HANDHELD SHOWERHEAD BUT DOES NOT INCLUDE AN EMERGENCY16
	545	+	SHOWERHEAD SUCH AS A SHOWERHEAD USED IN A LABORATORY OR17
	546	+	INDUSTRIAL SETTING.18
	547	+	(60) "SHOWERHEAD TUB SPOUT DIVERTER COMBINATION " MEANS19
	548	+	A CONTROL VALVE, TUB SPOUT DIVERTER, AND SHOWERHEAD THAT ARE20
	549	+	SOLD TOGETHER AS A MATCHED SET .21
	550	+	(61) "SMART THERMOSTAT" MEANS A THERMOSTAT THAT :22
	551	+	(a) IS ENABLED FOR WIRELESS CONNECTIVITY ;23
	552	+	(b) ALLOWS THE USER TO CONTROL HOME HEATING AND COOLING24
	553	+	TEMPERATURE SETTINGS FROM A COMPUTER OR FROM A PHONE, A TABLET,25
	554	+	OR ANOTHER COMPUTER -ENABLED DEVICE; AND26
	555	+	(c) CAN AUTOMATICALLY ADJUST HEATING AND COOLING27
	556	+	1161
	557	+	-16- TEMPERATURE SETTINGS BASED ON USER PREFERENCES , DAILY1
	558	+	SCHEDULES, WEATHER CONDITIONS, OCCUPANCY, OR OPTIMAL ENERGY2
	559	+	SAVINGS.3
	560	+	(36) (62) "Spray sprinkler body" means the exterior case or shell4
	561	+	of a sprinkler DESIGNED AND INTENDED FOR NONAGRICULTURAL USES,5
	562	+	which case or shell:6
	563	+	(a) Incorporates a means of connection to the piping system; and7
	564	+	(b) Is designed to convey water to a nozzle or orifice.8
	565	+	(63) "TUB SPOUT DIVERTER" MEANS A DEVICE THAT IS DESIGNED9
	566	+	TO DIVERT THE FLOW OF WATER INTO A BATHTUB SO THE WATER10
	567	+	DISCHARGES THROUGH A SHOWERHEAD .11
	568	+	(64) "TUBULAR DAYLIGHTING DEVICE " MEANS A BUILDING12
	569	+	COMPONENT THAT RECEIVES DAYLIGHT IN A ROOFTOP DOME AND13
	570	+	TRANSFERS THE DAYLIGHT INDOORS THROUGH A HIGHLY REFLECTIVE14
	571	+	TUBE.15
	572	+	(37) "Uninterruptible power supply" means a power system for16
	573	+	maintaining continuity of load power in case of input power failure. It17
	574	+	may consist of a combination of one or more battery chargers, convertors,18
	575	+	switches, and batteries or other energy storage devices.19
	576	+	(65) "URINAL" MEANS A PLUMBING FIXTURE THAT RECEIVES20
	577	+	LIQUID BODY WASTE AND CONVEYS THE WASTE THROUGH A TRAP SEAL21
	578	+	INTO A GRAVITY DRAINAGE SYSTEM .22
	579	+	(66) "WATER CLOSET" MEANS A PLUMBING FIXTURE THAT HAS A23
	580	+	WATER-CONTAINING RECEPTOR THAT RECEIVES LIQUID AND SOLID BODY24
	581	+	WASTE THROUGH AN EXPOSED INTEGRAL TRAP AND CONVEYS THE WASTE25
	582	+	INTO A DRAINAGE SYSTEM. "WATER CLOSET" INCLUDES BOTH TANK-TYPE26
	583	+	AND FLUSHOMETER-VALVE WATER CLOSETS.27
	584	+	1161
	585	+	-17- (38) (67) "Water cooler" means a freestanding device that1
	586	+	consumes energy to cool or heat, or both cool and heat, potable water.2
	587	+	"W
	588	+	ATER COOLER" INCLUDES:3
349	589		(a) A
350		-	SOIL MOISTURE-BASED IRRIGATION CONTROLLER THAT INHIBITS
351		-	OR ALLOWS AN IRRIGATION EVENT BASED ON A READING FROM A SOIL
352		-	MOISTURE SENSOR MECHANISM
353		-	; AND
354		-	(b) A WEATHER-BASED IRRIGATION CONTROLLER THAT USES
355		-	PAGE 10-HOUSE BILL 23-1161 CURRENT WEATHER DATA AS A BASIS FOR SCHEDULING IRRIGATION .
356		-	(24) (39) (a) "Lamp" means a device that emits light and is used to
357		-	illuminate an indoor or outdoor space.
358		-	(b) "Lamp" does not include a heat lamp.
359		-	(25)
360		-	(40) "LED" means light-emitting diode.
361		-	(26) "Low-efficiency plumbing fixture" means any of the following
362		-	plumbing fixtures or fittings that is not a WaterSense-listed plumbing
363		-	fixture:
364		-	(a) A lavatory faucet;
365		-	(b) A shower head;
366		-	(c) A flushing urinal;
367		-	(d) A flushometer-valve water closet; or
368		-	(e) A tank-type toilet or tank-type water closet.
369		-	(27) (41) "Metering faucet" means a fitting that, when turned on,
370		-	will gradually shut off the flow of water over a period of several seconds
371		-	SELF-CLOSING FAUCET THAT DISPENSES A SPECIFIC VOLUME OF WATER FOR
372		-	EACH ACTUATION CYCLE AND FOR WHICH THE VOLUME OR CYCLE DURATION
373		-	MAY BE FIXED OR ADJUSTABLE
374		-	.
375		-	(28) "NEMA" means the National Electrical Manufacturers
376		-	Association or its successor organization.
377		-	(42) "NSF" MEANS NSF INTERNATIONAL, FORMERLY KNOWN AS THE
378		-	NATIONAL SANITATION FOUNDATION.
379		-	(43) "NSF/ANSI
380		-	51" MEANS THE NSF/ANSI 51 STANDARD FOR
381		-	FOOD EQUIPMENT MATERIALS
382		-	.
383		-	(44) "P
384		-	LUMBING FIXTURE" MEANS AN EXCHANGEABLE DEVICE THAT
385		-	CONNECTS TO A PLUMBING SYSTEM TO DELIVER WATER OR DRAIN WATER
386		-	PAGE 11-HOUSE BILL 23-1161 AND WASTE.
387		-	(29) (45) "Portable air conditioner" means a portable encased
388		-	assembly, other than a packaged terminal air conditioner, ductless portable
389		-	air conditioner, room air conditioner, or dehumidifier, that:
390		-	(a) Delivers cooled, conditioned air to an enclosed space;
391		-	(b) Is powered by single-phase electric current;
392		-	(c) Includes a source of refrigeration;
393		-	(d) May be a single-duct or dual-duct portable air conditioner; and
394		-	(e) May include additional means for air circulation and heating.
395		-	(30)
396		-	(46) "Portable electric spa" means a factory-built electric spa
397		-	or hot tub It THAT may or may not include any combination of integral
398		-	controls, water heating, and water circulating equipment.
399		-	(31) (47) "Pressure regulator" means a device that maintains
400		-	constant operating pressure immediately downstream from a spray sprinkler
401		-	body, given higher pressure upstream of the device.
402		-	(48) "P
403		-	RIVATE LAVATORY FAUCET " MEANS A BATHROOM FAUCET
404		-	THAT
405		-	, AS INSTALLED, IS NOT IN A LOCATION THAT IS AVAILABLE TO THE
406		-	PUBLIC
407		-	, INCLUDING A LAVATORY FAUCET IN A PRIVATE RESIDENCE .
408		-	(49) "P
409		-	ROGRAMMABLE THERMOSTAT " MEANS A THERMOSTAT THAT:
410		-	(a) C
411		-	ONTROLS A PRIMARY HEATING OR COOLING SYSTEM ON A DAILY
412		-	SCHEDULE TO MAINTAIN DIFFERENT TEMPERATURES DURING CERTAIN TIMES
413		-	OF DAY AND DAYS OF THE WEEK
414		-	; AND
415		-	(b) HAS THE CAPABILITY TO MAINTAIN ZONE TEMPERATURES
416		-	BETWEEN FIFTY
417		-	-FIVE DEGREES FAHRENHEIT AND EIGHTY -FIVE DEGREES
418		-	FAHRENHEIT.
419		-	(32)
420		-	(50) "PSI" means pounds per square inch.
421		-	PAGE 12-HOUSE BILL 23-1161 (33) (51) "Public lavatory faucet" means a fitting designed and
422		-	marketed for installation in a nonresidential bathroom, which bathroom is
423		-	exposed to walk-in traffic.
424		-	(34)
425		-	(52) "Replacement aerator" means an aerator sold as a
426		-	replacement, separate from the faucet to which it is intended to be attached.
427		-	(53) "R
428		-	ESIDENTIAL BUILDING" MEANS A STRUCTURE THAT IS USED
429		-	PRIMARILY FOR LIVING AND SLEEPING AND THAT IS ZONED AS RESIDENTIAL
430		-	OR OTHERWISE SUBJECT TO RESIDENTIAL BUILDING CODES
431		-	. FOR THE
432		-	PURPOSES OF RESIDENTIAL WINDOWS
433		-	, DOORS, AND SKYLIGHTS, "RESIDENTIAL
434		-	BUILDING
435		-	" MEANS A BUILDING THAT IS THREE STORIES OR LESS IN HEIGHT .
436		-	(54) "R
437		-	ESIDENTIAL DOOR" MEANS A SLIDING OR SWINGING ENTRY
438		-	SYSTEM THAT IS INSTALLED OR DESIGNED FOR INSTALLATION IN A VERTICAL
439		-	WALL SEPARATING CONDITIONED AND UNCONDITIONED SPACE IN A
440		-	RESIDENTIAL BUILDING
441		-	.
442		-	(55) "R
443		-	ESIDENTIAL KITCHEN FAUCET " MEANS A FAUCET IN A
444		-	KITCHEN OF A RESIDENTIAL BUILDING
445		-	.
446		-	(56) "R
447		-	ESIDENTIAL SKYLIGHT" MEANS A WINDOW THAT IS DESIGNED
448		-	FOR SLOPED OR HORIZONTAL APPLICATION IN THE ROOF OF A RESIDENTIAL
449		-	BUILDING
450		-	, THE PRIMARY PURPOSE OF WHICH WINDOW IS TO PROVIDE
451		-	DAYLIGHT OR VENTILATION
452		-	. "RESIDENTIAL SKYLIGHT" INCLUDES A TUBULAR
453		-	DAYLIGHTING DEVICE
454		-	.
455		-	(35)
456		-	(57) "Residential ventilating fan" means an A
457		-	CEILING
458		-	-MOUNTED, A WALL-MOUNTED, OR AN inline RESIDENTIAL fan THAT
459		-	IS
460		-	designed to be used in a bathroom or A utility room and whose purpose
461		-	is to move FOR THE PURPOSE OF MOVING air from inside the A RESIDENTIAL
462		-	building to the outdoors. It may be ceiling-mounted, wall-mounted, or
463		-	remotely mounted.
464		-	(58) (a) "RESIDENTIAL WINDOW" MEANS AN ASSEMBLED UNIT THAT:
465		-	(I) C
466		-	ONSISTS OF A FRAME THAT HOLDS ONE OR MORE PIECES OF
467		-	GLASS OR OTHER GLAZING MATERIAL THAT ADMITS LIGHT OR AIR INTO AN
468		-	ENCLOSURE
469		-	; AND
470		-	PAGE 13-HOUSE BILL 23-1161 (II) IS DESIGNED FOR INSTALLATION AT A SLOPE OF AT LEAST SIXTY
471		-	DEGREES FROM HORIZONTAL IN AN EXTERNAL WALL OF A RESIDENTIAL
472		-	BUILDING
473		-	.
474		-	(b) "R
475		-	ESIDENTIAL WINDOW" INCLUDES A TRANSOM WINDOW BUT
476		-	DOES NOT INCLUDE A RESIDENTIAL SKYLIGHT
477		-	.
478		-	(59) "S
479		-	HOWERHEAD" MEANS A DEVICE THROUGH WHICH WATER IS
480		-	DISCHARGED FOR A SHOWER BATH
481		-	. "SHOWERHEAD" INCLUDES A HANDHELD
482		-	SHOWERHEAD BUT DOES NOT INCLUDE AN EMERGENCY SHOWERHEAD SUCH
483		-	AS A SHOWERHEAD USED IN A LABORATORY OR INDUSTRIAL SETTING
484		-	.
485		-	(60) "S
486		-	HOWERHEAD TUB SPOUT DIVERTER COMBINATION " MEANS A
487		-	CONTROL VALVE
488		-	, TUB SPOUT DIVERTER, AND SHOWERHEAD THAT ARE SOLD
489		-	TOGETHER AS A MATCHED SET
490		-	.
491		-	(61) "S
492		-	MART THERMOSTAT" MEANS A THERMOSTAT THAT :
	590	+	COLD-ONLY UNIT THAT DISPENSES ONLY COLD WATER ;4
	591	+	(b) A
	592	+	HOT-AND-COLD UNIT THAT DISPENSES BOTH HOT AND COLD5
	593	+	WATER AND, IN SOME MODELS, ALSO ROOM TEMPERATURE WATER ;6
	594	+	(c) A
	595	+	COOK-AND-COLD UNIT THAT DISPENSES BOTH ROOM7
	596	+	TEMPERATURE AND COLD WATER ;8
	597	+	(d) A
	598	+	STORAGE-TYPE UNIT THAT INSTANTANEOUSLY DELIVERS9
	599	+	WATER FROM A STORAGE TANK WITHIN THE UNIT , INCLUDING10
	600	+	POINT-OF-USE, DRY STORAGE COMPARTMENT , AND BOTTLED WATER11
	601	+	COOLERS; AND12
	602	+	(e) A
	603	+	N ON-DEMAND UNIT THAT HEATS WATER AS IT IS REQUESTED ,13
	604	+	TYPICALLY WITHIN A FEW MINUTES.14
	605	+	(39)
	606	+	(68) "WaterSense-listed plumbing fixture" means a plumbing15
	607	+	fixture or plumbing fixture fitting that has been:16
	608	+	(a) Tested by an accredited third-party certifying body or17
	609	+	laboratory in accordance with the federal environmental protection18
	610	+	agency's WaterSense program or a successor program;19
	611	+	(b) Certified by the body or laboratory as meeting the performance20
	612	+	and efficiency requirements of the WaterSense program; and21
	613	+	(c) Authorized by the WaterSense program to use its label.22
	614	+	(40) (69) "WaterSense program" means the federal program23
	615	+	authorized by 42 U.S.C. sec. 6294b.24
	616	+	25
	617	+	SECTION 2. In Colorado Revised Statutes, repeal 6-7.5-103 as26
	618	+	follows:27
	619	+	1161
	620	+	-18- 6-7.5-103. Low-efficiency plumbing fixtures. (1) (a) Effective1
	621	+	September 1, 2019, a person shall not sell a new low-efficiency plumbing2
	622	+	fixture, other than a flushometer-valve water closet, in Colorado.3
	623	+	(b) Effective January 1, 2021, a person shall not sell a new4
	624	+	low-efficiency flushometer-valve water closet in Colorado.5
	625	+	(2) This section does not preempt any action of a municipality,6
	626	+	county, or city and county that prescribes additional or more restrictive7
	627	+	water conservation or energy efficiency requirements affecting the sale8
	628	+	or use of plumbing fixtures, appliances, or other products if the9
	629	+	requirements comply with the standard specified in subsection (1) of this10
	630	+	section.11
	631	+	SECTION 3. In Colorado Revised Statutes, 6-7.5-104, amend12
	632	+	(1)(i), (1)(o), (1)(p), and (2)(c); repeal (1)(a) and (1)(h); and add (1)(a.3),13
	633	+	(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
	634	+	(1)(m.6), (1)(m.8), (1)(o.2), (1)(o.4), (1)(o.6), (1)(q), and (4) as follows:15
	635	+	6-7.5-104. Scope and applicability. (1) Subject to subsection (2)16
	636	+	of this section and as further specified in section 6-7.5-105, this article 7.517
	637	+	applies to the following products sold as new in Colorado:18
	638	+	(a) Air compressors;19
	639	+	(a.3) A
	640	+	IR PURIFIERS;20
	641	+	(a.6) C
	642	+	OLD-TEMPERATURE FLUORESCENT LAMPS ;21
	643	+	(d.5) C
	644	+	OMMERCIAL OVENS;22
	645	+	(f.2) E
	646	+	LECTRIC STORAGE WATER HEATERS ;23
	647	+	(f.5) E
	648	+	LECTRIC VEHICLE SUPPLY EQUIPMENT ;24
	649	+	(h) Flushometer-valve water closets;
	650	+	25
	651	+	(i) General service lamps GAS FIREPLACES;26
	652	+	(j.5) I
	653	+	MPACT-RESISTANT FLUORESCENT LAMPS ;27
	654	+	1161
	655	+	-19- (j.7) IRRIGATION CONTROLLERS;1
	656	+	2
	657	+	(l.4) R
	658	+	ESIDENTIAL DOORS;3
	659	+	(l.6) R
	660	+	ESIDENTIAL SKYLIGHTS;4
	661	+	(m.6) R
	662	+	ESIDENTIAL WINDOWS;5
	663	+	(m.8) S
	664	+	HOWERHEADS;6
	665	+	(o) Uninterruptible power supplies; and
	666	+	THERMOSTATS;7
	667	+	(o.2) T
	668	+	UB SPOUT DIVERTERS AND SHOWERHEAD TUB SPOUT8
	669	+	DIVERTER COMBINATIONS;9
	670	+	(o.4) U
	671	+	RINALS;10
	672	+	(o.6) W
	673	+	ATER CLOSETS;11
	674	+	(p) Water coolers;
	675	+	AND12
	676	+	(q) O
	677	+	THER PRODUCTS AS MAY BE DESIGNATED BY THE EXECUTIVE13
	678	+	DIRECTOR PURSUANT TO SECTION 6-7.5-106.14
	679	+	(2) This article 7.5 does not apply to:15
	680	+	(c) Products held in inventory on or before:16
	681	+	(I) The effective date of the applicable standard for each category17
	682	+	of product set forth in this article 7.5;
	683	+	OR18
	684	+	(II) T
	685	+	HE EFFECTIVE DATE FOR EACH CATEGORY OF PRODUCTS , AS19
	686	+	DETERMINED BY THE EXECUTIVE DIRECTOR BY RULE PURSUANT TO20
	687	+	SECTION 6-7.5-106.21
	688	+	(4) T
	689	+	HIS ARTICLE 7.5 DOES NOT PREEMPT ANY ACTION OF A22
	690	+	STATUTORY OR HOME RULE MUNICIPALITY , COUNTY, OR CITY AND COUNTY23
	691	+	THAT PRESCRIBES ADDITIONAL OR MORE RESTRICTIVE WATER24
	692	+	CONSERVATION OR ENERGY EFFICIENCY REQUIREMENTS AFFECTING THE25
	693	+	SALE OR USE OF PLUMBING FIXTURES, APPLIANCES, OR OTHER PRODUCTS26
	694	+	IF THE REQUIREMENTS COMPLY WITH THE STANDARDS SPECIFIED IN THIS27
	695	+	1161
	696	+	-20- ARTICLE 7.5.1
	697	+	SECTION 4. In Colorado Revised Statutes, 6-7.5-105, amend2
	698	+	(1), (3) introductory portion, (3)(a), (3)(b), (3)(c), (3)(d), (3)(h), (3)(i),3
	699	+	(3)(j), (3)(k), and (3)(m) introductory portion; repeal (2), (3)(g), (3)(l),4
	700	+	and (4)(a); and add (5) as follows:5
	701	+	6-7.5-105. Standards - effective dates - repeal. (1) The6
	702	+	executive director need not adopt by rule, but shall collect and make7
	703	+	publicly available in hard copy, through a website, or both, the federal8
	704	+	rules and other rules and standards referred to in this section. The9
	705	+	references in this section are to the rules and standards as they existed on10
	706	+	the dates specified or, if not so specified, as they existed on August 2,11
	707	+	2019, and do not include later editions or revisions. ON AND AFTER THE12
	708	+	EFFECTIVE DATE OF THIS SUBSECTION (1), AS AMENDED, A PERSON SHALL13
	709	+	NOT SELL ANY OF THE FOLLOWING PLUMBING FIXTURES IN COLORADO14
	710	+	UNLESS THEY ARE WATERSENSE-LISTED PLUMBING FIXTURES:15
	711	+	(a) (I) A PRIVATE LAVATORY FAUCET.16
	712	+	(II) THIS SUBSECTION (1)(a) IS REPEALED, EFFECTIVE JANUARY 1,17
	713	+	2026.18
	714	+	(b) A PUBLIC LAVATORY FAUCET;19
	715	+	(c) A SHOWERHEAD;20
	716	+	(d) (I) A URINAL.21
	717	+	(II) THIS SUBSECTION (1)(d) IS REPEALED, EFFECTIVE JANUARY 1,22
	718	+	2026.23
	719	+	(e) A WATER CLOSET.24
	720	+	(2) On or after January 1, 2020, a person shall not sell or offer for25
	721	+	sale in Colorado a general service lamp unless it either:26
	722	+	(a) Is subject to federal preemption; or27
	723	+	1161
	724	+	-21- (b) Meets or exceeds a lamp efficacy of forty-five lumens per1
	725	+	watt, when tested in accordance with the applicable federal test2
	726	+	procedures for general service lamps prescribed in 10 CFR 430.23 (gg),3
	727	+	as in effect on January 3, 2017.4
	728	+	(3) On or AND after January 1, 2021, A PERSON SHALL NOT SELL,5
	729	+	LEASE, OR RENT ANY OF the following new products shall not be sold,6
	730	+	leased, or rented in Colorado unless the efficiency of the new product7
	731	+	meets or exceeds the following efficiency standards, as applicable:8
	732	+	(a) Commercial dishwashers included in the scope of the Energy9
	733	+	Star program requirements product specification for commercial10
	734	+	dishwashers version 2.0, must meet the qualification criteria of that11
	735	+	specification.12
	736	+	(b) Commercial fryers included in the scope of the Energy Star13
	737	+	program requirements product specification for commercial fryers version14
	738	+	2.0, must meet the qualification criteria of that specification.15
	739	+	(c) (I) Commercial hot food holding cabinets must have a16
	740	+	maximum idle energy rate of forty watts per cubic foot of interior volume,17
	741	+	as determined by the "idle energy rate-dry test" in ASTM standard18
	742	+	F2140-11, "Test Method for the Performance of Hot Food Holding19
	743	+	Cabinets", published by ASTM International, formerly known as the20
	744	+	American Society for Testing and Materials. Interior volume must be21
	745	+	measured as prescribed in the Energy Star program requirements product22
	746	+	specification for commercial hot food holding cabinets, version 2.0.23
	747	+	(II) T
	748	+	HIS SUBSECTION (3)(c) IS REPEALED, EFFECTIVE JANUARY 1,24
	749	+	2026.25
	750	+	(d) Commercial steam cookers must meet the requirements of the26
	751	+	Energy Star program requirements product specification for commercial27
	752	+	1161
	753	+	-22- steam cookers. version 1.2.1
	754	+	(g) Flushometer-valve water closets included within the scope of2
	755	+	the WaterSense specification for flushometer-valve water closets, version3
	756	+	1.0, must meet the water efficiency and performance criteria and other4
	757	+	requirements of that specification.5
	758	+	(h) (I) High CRI fluorescent lamps must meet the minimum6
	759	+	efficacy requirements contained in 10 CFR 430.32 (n)(4) as in effect on7
	760	+	January 3, 2017, as measured in accordance with 10 CFR 430, subpart B,8
	761	+	appendix R, "Uniform Test Method for Measuring Average Lamp9
	762	+	Efficacy (LE), Color Rendering Index (CRI), and Correlated Color10
	763	+	Temperature (CCT) of Electric Lamps", as in effect on January 3, 2017.11
	764	+	(II) T
	765	+	HIS SUBSECTION (3)(h) IS REPEALED, EFFECTIVE JANUARY 1,12
	766	+	2026.13
	767	+	(i) Portable electric spas must meet the requirements of the14
	768	+	"American National Standard for Portable Electric Spa Energy15
	769	+	Efficiency" ANSI/APSP/ICC-14.16
	770	+	(j) New residential ventilating fans must meet the FAN MOTOR17
	771	+	EFFICACY qualification criteria of the Energy Star program requirements18
	772	+	product specification for residential ventilating fans. version 3.2.19
	773	+	(k) (I) Spray sprinkler bodies that are not specifically excluded20
	774	+	from the scope of the WaterSense PROGRAM PRODUCT specification for21
	775	+	spray sprinkler bodies, version 1.0, must include an integral pressure22
	776	+	regulator and must meet the water efficiency and performance criteria and23
	777	+	other requirements of that specification.24
	778	+	(II) T
	779	+	HIS SUBSECTION (3)(k) IS REPEALED, EFFECTIVE JANUARY 1,25
	780	+	2026.26
	781	+	(l) Uninterruptible power supplies that utilize a NEMA 1-15P or27
	782	+	1161
	783	+	-23- 5-15P input plug and have an alternating current output must have an1
	784	+	average load-adjusted efficiency that meets or exceeds the values shown2
	785	+	on page 193 of the prepublication final rule "Energy Conservation3
	786	+	Program: Energy Conservation Standards for Uninterruptible Power4
	787	+	Supplies" issued by the United States department of energy on December5
	788	+	28, 2016, as measured in accordance with test procedures prescribed in6
	789	+	10 CFR 430, subpart B, appendix Y, "Uniform Test Method for7
	790	+	Measuring the Energy Consumption of Battery Chargers", as in effect on8
	791	+	January 11, 2017.9
	792	+	(m) Water coolers included in the scope of the Energy Star10
	793	+	program requirements product specification for water coolers version 2.0,11
	794	+	must have an "on" mode with no-water-draw energy consumption less12
	795	+	than or equal to the following values as measured in accordance with the13
	796	+	test requirements of that program:14
	797	+	(4) On or after February 1, 2022, the following new products shall15
	798	+	not be sold, leased, or rented in Colorado unless the efficiency of the new16
	799	+	product meets or exceeds the following efficiency standards, as17
	800	+	applicable:18
	801	+	(a) Air compressors that meet the twelve criteria listed on page19
	802	+	350 to 351 of the "Energy Conservation Standards for Air Compressors"20
	803	+	final rule issued by the United States department of energy on December21
	804	+	5, 2016, must meet the requirements in table 1 on page 352 following the22
	805	+	instructions on page 353 and as measured in accordance with 10 CFR23
	806	+	431, subpart T, appendix A, "Uniform Test Method for Certain Air24
	807	+	Compressors", as in effect on July 3, 2017.25
	808	+	(5) O
	809	+	N AND AFTER JANUARY 1,
	810	+	2026, A PERSON SHALL NOT SELL,26
	811	+	OFFER TO SELL, LEASE, OR OFFER TO LEASE ANY OF THE FOLLOWING NEW27
	812	+	1161
	813	+	-24- PRODUCTS IN COLORADO UNLESS THE EFFICIENCY OF THE NEW PRODUCT1
	814	+	MEETS OR EXCEEDS THE FOLLOWING EFFICIENCY ST ANDARDS , AS2
	815	+	APPLICABLE:3
	816	+	(a) A
	817	+	IR PURIFIERS, EXCEPT INDUSTRIAL AIR PURIFIERS, MUST MEET4THE CERTIFICATION REQUIREMENTS OF THE ENERGY STAR PROGRAM5
	818	+	PRODUCT SPECIFICATION FOR ROOM AIR CLEANERS .6
	819	+	(b) COMMERCIAL HOT FOOD HOLDING CABINETS MUST MEET THE7
	820	+	QUALIFICATION CRITERIA OF THE ENERGY STAR PROGRAM PRODUCT8
	821	+	SPECIFICATION FOR COMMERCIAL HOT FOOD HOLDING CABINETS .9
	822	+	(c) COMMERCIAL OVENS INCLUDED IN THE SCOPE OF THE ENERGY10
	823	+	STAR PROGRAM PRODUCT SPECIFICATION FOR COMMERCIAL OVENS MUST11
	824	+	MEET THE QUALIFICATION CRITERIA OF THAT SPECIFICATION .12
	825	+	(d) ELECTRIC STORAGE WATER HEATERS MUST HAVE A MODULAR13
	826	+	DEMAND RESPONSE COMMUNICATIONS PORT COMPLIANT WITH AHRI 1430.14
	827	+	(e) E
	828	+	LECTRIC VEHICLE SUPPLY EQUIPMENT INCLUDED IN THE SCOPE15
	829	+	OF THE ENERGY STAR PROGRAM
	830	+	PRODUCT SPECIFICATION FOR16
	831	+	ELECTRIC VEHICLE SUPPLY EQUIPMENT MUST MEET THE CERTIFICATION17
	832	+	CRITERIA OF THAT SPECIFICATION.18
	833	+	(f) G
	834	+	AS FIREPLACES MUST COMPLY WITH THE FOLLOWING19
	835	+	REQUIREMENTS:20
	836	+	(I) G
	837	+	AS FIREPLACES MUST BE CAPABLE OF AUTOMATICALLY21
	838	+	EXTINGUISHING ANY PILOT FLAME WHEN THE MAIN GAS BURNER FLAME IS22
	839	+	EXTINGUISHED OR MUST PREVENT ANY IGNITION SOURCE FOR THE MAIN23
	840	+	GAS BURNER FLAME FROM OPERATING CONTINUOUSLY FOR MORE THAN24
	841	+	SEVEN DAYS FROM THE LAST USE OF THE MAIN GAS BURNER ;25
	842	+	(II) DECORATIVE GAS FIREPLACES MUST HAVE A DIRECT VENT OR26
	843	+	POWER VENT CONFIGURATION, UNLESS THE DECORATIVE GAS FIREPLACE27
	844	+	1161
	845	+	-25- IS MARKED FOR REPLACEMENT USE ONLY OR OUTDOOR USE ONLY OR IS A1
	846	+	GAS LOG SET; AND2
	847	+	(III) HEATING GAS FIREPLACES MUST HAVE A FIREPLACE3
	848	+	EFFICIENCY OF AT LEAST FIFTY PERCENT WHEN TESTED IN ACCORDANCE4
	849	+	WITH CANADIAN STANDARDS ASSOCIATION P.4.1-15, "TESTING METHOD5
	850	+	FOR MEASURING FIREPLACE EFFICIENCY ", AS AMENDED OR REVISED.6
	851	+	(g) HIGH CRI, COLD-TEMPERATURE, AND IMPACT-RESISTANT7
	852	+	FLUORESCENT LAMPS MUST MEET THE MINIMUM EFFICACY REQUIREMENTS8
	853	+	CONTAINED IN 10 CFR 430.32 (n)(4), AS MEASURED IN ACCORDANCE WITH9
	854	+	10 CFR 430, SUBPART B, APPENDIX R, "UNIFORM TEST METHOD FOR10
	855	+	MEASURING AVERAGE LAMP EFFICACY (LE), COLOR RENDERING INDEX11
	856	+	(CRI), AND CORRELATED COLOR TEMPERATURE (CCT) OF ELECTRIC12
	857	+	LAMPS".13
	858	+	(h) IRRIGATION CONTROLLERS MUST COMPLY WITH THE14
	859	+	FOLLOWING REQUIREMENTS :15
	860	+	(I) WEATHER-BASED IRRIGATION CONTROLLERS INCLUDED WITHIN16
	861	+	THE SCOPE OF THE WATERSENSE PROGRAM PRODUCT SPECIFICATION FOR17
	862	+	WEATHER-BASED IRRIGATION CONTROLLERS MUST MEET THE WATER18
	863	+	EFFICIENCY AND PERFORMANCE CRITERIA AND OTHER REQUIREMENTS FOR19
	864	+	THAT SPECIFICATION; AND20
	865	+	(II) SOIL MOISTURE-BASED IRRIGATION CONTROLLERS21
	866	+	INCLUDED WITHIN THE SCOPE OF THE WATERSENSE PROGRAM PRODUCT22
	867	+	SPECIFICATION FOR SOIL MOISTURE-BASED IRRIGATION CONTROLLERS23
	868	+	MUST MEET THE WATER EFFICIENCY AND PERFORMANCE CRITERIA AND24
	869	+	OTHER REQUIREMENTS FOR THAT SPECIFICATION .25
	870	+	(i) PRIVATE LAVATORY FAUCETS, TUB SPOUT DIVERTERS,26
	871	+	SHOWERHEAD TUB SPOUT DIVERTER COMBINATIONS, AND URINALS MUST27
	872	+	1161
	873	+	-26- MEET THE REQUIREMENTS IN 20 CCR SEC. 1605.3, AS MEASURED IN1
	874	+	ACCORDANCE WITH THE TEST METHODS PRESCRIBED IN 20 CCR SEC. 1604,2
	875	+	AS AMENDED.3
	876	+	(j) RESIDENTIAL WINDOWS, RESIDENTIAL DOORS, AND RESIDENTIAL4
	877	+	SKYLIGHTS INCLUDED IN THE SCOPE OF THE ENERGY STAR PROGRAM5
	878	+	PRODUCT SPECIFICATION FOR RESIDENTIAL WINDOWS, DOORS, AND6
	879	+	SKYLIGHTS MUST SATISFY THE NORTHERN CLIMATE ZONE QUALIFICATION7
	880	+	CRITERIA OF THAT SPECIFICATION; EXCEPT THAT RESIDENTIAL WINDOWS8
	881	+	AND DOORS THAT ARE CUSTOM DESIGNED FOR A HISTORICALLY9
	882	+	DESIGNATED BUILDING AND REQUIRED IN ORDER TO MAINTAIN THE10
	883	+	HISTORIC NATURE OR CHARACTER OF SUCH A BUILDING ARE NOT REQUIRED11
	884	+	TO SATISFY SUCH CRITERIA.12
	885	+	(k) SPRAY SPRINKLER BODIES THAT ARE NOT SPECIFICALLY13
	886	+	EXCLUDED FROM THE SCOPE OF THE WATERSENSE PROGRAM PRODUCT14
	887	+	SPECIFICATION FOR SPRAY SPRINKLER BODIES MUST INCLUDE AN INTEGRAL15
	888	+	PRESSURE REGULATOR AND A CHECK VALVE AND MUST MEET THE WATER16
	889	+	EFFICIENCY AND PERFORMANCE CRITERIA AND OTHER REQUIREMENTS OF17
	890	+	THAT SPECIFICATION.18
	891	+	(l) THERMOSTATS MUST BE PROGRAMMABLE THERMOSTATS OR19
	892	+	SMART THERMOSTATS.20
	893	+	SECTION 5. In Colorado Revised Statutes, amend 6-7.5-106 as21
	894	+	follows:22
	895	+	6-7.5-106. New and revised standards - rules. (1) The23
	896	+	executive director may adopt by rule a more recent version of any24
	897	+	standard or test method established in section 6-7.5-105, including any25
	898	+	product definition associated with the standard or test method, in order to26
	899	+	maintain or improve consistency with other comparable standards in other27
	900	+	1161
	901	+	-27- states, so long as the resulting efficiency is equal to or greater than the1
	902	+	efficiency achieved using the prior standard or test method. The executive2
	903	+	director shall allow at least a one-year delay between the adoption by rule3
	904	+	and the enforcement of any new standard or test method.4
	905	+	(2) O
	906	+	N OR BEFORE JANUARY 1, 2026, AND ON OR BEFORE JANUARY5
	907	+	1
	908	+	EVERY FIVE YEARS THEREAFTER , THE EXECUTIVE DIRECTOR SHALL6
	909	+	PROMULGATE RULES ESTABLISHING STANDARDS FOR PRODUCTS THAT ARE7
	910	+	NOT DESCRIBED IN SECTION 6-7.5-104 OR 6-7.5-105 IF SUCH STANDARDS:8
	911	+	(a) W
	912	+	OULD IMPROVE ENERGY OR WATER CONSERVATION IN THE9
	913	+	STATE; AND10
	914	+	(b) E
	915	+	XIST IN AT LEAST THREE OTHER
	916	+	STATES OR ARE PUBLISHED IN11
	917	+	FINALIZED FORM BY THE ENERGY STAR PROGRAM OR THE WATERSENSE12
	918	+	PROGRAM.13
	919	+	(3) AFTER JANUARY 1, 2026, THE EXECUTIVE DIRECTOR SHALL14
	920	+	ALLOW A ONE-YEAR GRACE PERIOD AFTER ANY STANDARD, STANDARD15
	921	+	VERSION, DEFINITION, OR TEST METHOD REFERENCED IN THIS ARTICLE 7.516
	922	+	IS UPDATED, DURING WHICH TIME A PRODUCT MAY MEET EITHER THE17
	923	+	PREVIOUS STANDARD OR THE UPDATED STANDARD, STANDARD VERSION,18
	924	+	DEFINITION, OR TEST METHOD, AS APPLICABLE.19
	925	+	SECTION 6. In Colorado Revised Statutes, 6-7.5-109, amend (1)20
	926	+	introductory portion; and add (3), (4), and (5) as follows: 21
	927	+	6-7.5-109. Testing, certification, labeling, and enforcement -22
	928	+	rules - verifications of compliance - publication of material23
	929	+	incorporated by reference. (1) Unless a product appears in THE STATE24
	930	+	APPLIANCE STANDARDS DATABASE MAINTAINED BY THE NORTHEAST25
	931	+	E
	932	+	NERGY EFFICIENCY PARTNERSHIPS, OR A SUCCESSOR ORGANIZATION, OR26
	933	+	IN a public database of compliant products maintained by other states or27
	934	+	1161
	935	+	-28- federal agencies with equivalent or more stringent efficiency standards,1
	936	+	the manufacturers of products covered by this article 7.5 shall2
	937	+	demonstrate that the products comply with this article 7.5 by doing any3
	938	+	one or more of the following:4
	939	+	(3) ON OR BEFORE JANUARY 1, 2026, THE EXECUTIVE DIRECTOR5
	940	+	SHALL COLLECT AND MAKE PUBLICLY AVAILABLE IN WRITTEN AND6
	941	+	ELECTRONIC FORM THE FEDERAL RULES AND OTHER RULES AND7
	942	+	STANDARDS REFERRED TO IN THIS PART 7.5. THE EXECUTIVE DIRECTOR8
	943	+	SHALL UPDATE THE PUBLICLY AVAILABLE RULES AND STA NDARDS AS THEY9
	944	+	MAY BE UPDATED OR ADDED IN ACCORDANCE WITH SECTION 6-7.5-106.10
	945	+	(4) THE EXECUTIVE DIRECTOR SHALL:11
	946	+	(a) VERIFY MAJOR RETAILERS' AND DISTRIBUTORS' COMPLIANCE12
	947	+	WITH THE PROVISIONS OF THIS ARTICLE 7.5 THROUGH ONLINE13
	948	+	SPOT-CHECKS, COORDINATION WITH OTHER STATES THAT HAVE SIMILAR14
	949	+	STANDARDS, OR BOTH;15
	950	+	(b) CONDUCT SUCH VERIFICATIONS AT LEAST ONCE BEFORE16
	951	+	JANUARY 1, 2027, AND AGAIN AT LEAST ONCE BEFORE JANUARY 1, 2032;17
	952	+	(c) DELIVER A REPORT ON THE METHOD AND FINDINGS OF THE18
	953	+	VERIFICATIONS TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE19
	954	+	HOUSE OF REPRESENTATIVES AND TO THE TRANSPORTATION AND ENERGY20
	955	+	COMMITTEE OF THE SENATE, OR TO ANY SUCCESSOR COMMITTEES , AND21
	956	+	POST THE REPORT TO THE DEPARTMENT OF PUBLIC HEALTH AND22
	957	+	ENVIRONMENT'S WEBSITE WITHIN ONE MONTH AFTER ITS COMPLETION;23
	958	+	AND24
	959	+	(d) DELIVER ANY FINDINGS OF VIOLATIONS TO THE ATTORNEY25
	960	+	GENERAL.26
	961	+	(5) ON OR BEFORE JANUARY 1, 2026, THE EXECUTIVE DIRECTOR27
	962	+	1161
	963	+	-29- SHALL ESTABLISH A PROCESS WHEREBY INDIVIDUALS MAY ANONYMOUSLY1
	964	+	REPORT POTENTIAL VIOLATIONS OF THIS ARTICLE 7.5 ON THE DEPARTMENT2
	965	+	OF PUBLIC HEALTH AND ENVIRONMENT 'S PUBLIC WEBSITE. THE EXECUTIVE3
	966	+	DIRECTOR SHALL INVESTIGATE ANY REPORTED POTENTIAL VIOLATION AND4
	967	+	SHALL REPORT ANY CONFIRMED VIOLATIONS TO THE ATTORNEY GENERAL .5
	968	+	SECTION 7. In Colorado Revised Statutes, 6-7.5-110, amend6
	969	+	(2)(a) as follows:7
	970	+	6-7.5-110. Penalties - civil action by attorney general.8
	971	+	(2) Whenever the attorney general has probable cause to believe that any9
	972	+	person or group of persons has violated or caused another to violate10
	973	+	subsection (1) of this section, the attorney general may bring a civil action11
	974	+	on behalf of the state to seek the imposition of civil penalties as follows:12
	975	+	(a) Any person who violates or causes another to violate13
	976	+	subsection (1) of this section shall forfeit and pay to the general fund of14
	977	+	this state a civil penalty of not more than two thousand dollars for each15
	978	+	such violation,
	979	+	WHICH AMOUNT SHALL BE TRANSFERRED TO THE STATE16
	980	+	TREASURER TO BE CREDITED TO THE ENERGY FUND CREATED IN SECTION17
	981	+	24-38.5-102.4. For purposes of this subsection (2)(a), a violation18
	982	+	constitutes a separate violation with respect to each consumer or
	983	+	19
	984	+	transaction
	985	+	OR ONLINE FOR-SALE PRODUCT LISTING involved; except that20
	986	+	the maximum civil penalty shall
	987	+	MAY not exceed five hundred thousand21
	988	+	dollars for any related series of violations.22
	989	+	SECTION 8. In Colorado Revised Statutes, add part 14 to article23
	990	+	5 of title 25 as follows:24
	991	+	PART 1425
	992	+	CLEAN LIGHTING26
	993	+	25-5-1401. Short title. T
	994	+	HE SHORT TITLE OF THIS PART 14 IS THE27
	995	+	1161
	996	+	-30- "CLEAN LIGHTING ACT".1
	997	+	25-5-1402. Legislative declaration. (1) T
	998	+	HE GENERAL ASSEMBLY2
	999	+	FINDS AND DETERMINES THAT:3
	1000	+	(a) M
	1001	+	ERCURY IS A POTENT AND PERSISTENT NEUROTOXIN THAT4
	1002	+	CAUSES HARM TO HUMAN NERVOUS SYSTEMS , IMMUNE SYSTEMS, AND5
	1003	+	ORGAN FUNCTION AND IMPAIRS FETAL AND CHILD DEVELOPMENT ;6
	1004	+	(b) A
	1005	+	CCELERATING THE PHASE -OUT OF GENERAL -PURPOSE7
	1006	+	FLUORESCENT LIGHT BULBS CONTAINING TOXIC MERCURY WILL PROTECT8
	1007	+	WORKER HEALTH AND PUBLIC HEALTH , INCLUDING DURING THE9
	1008	+	MANUFACTURE, DISTRIBUTION, USE, COLLECTION, DISPOSAL, AND10
	1009	+	RECYCLING OF THE LIGHT BULBS;11
	1010	+	(c) F
	1011	+	LUORESCENT BULBS HAVE LONG PROVIDED A VALUABLE12
	1012	+	SERVICE, BUT CLEANER, SAFER ALTERNATIVES HAVE BECOME WIDELY13
	1013	+	AVAILABLE AND AFFORDABLE ;14
	1014	+	(d) M
	1015	+	ERCURY-FREE LED REPLACEMENTS FOR GENERAL-PURPOSE15
	1016	+	FLUORESCENT BULBS PROVIDE THE SAME OR BETTER LIGHTING SERVICE ,16
	1017	+	LONGER PRODUCT LIFE, AND MUCH LOWER TOTAL COST ; AND17
	1018	+	(e) A
	1019	+	CCORDING TO A STUDY FROM THE APPLIANCE STANDARDS18
	1020	+	A
	1021	+	WARENESS PROJECT, ACCELERATING THE PHASE -OUT OF MOST19
	1022	+	GENERAL-PURPOSE FLUORESCENT LIGHTING FOR SALE IN COLORADO WILL20
	1023	+	PREVENT ONE HUNDRED SIXTY -SEVEN POUNDS OF MERCURY AND TWO21
	1024	+	MILLION ONE HUNDRED THOUSAND METRIC TONS OF CARBON DIOXIDE22
	1025	+	EMISSIONS FROM ENTERING THE ENVIRONMENT AND LEAD TO FIVE23
	1026	+	HUNDRED SEVENTY-TWO MILLION DOLLARS IN NET UTILITY BILL SAVINGS24
	1027	+	FOR COLORADO BUSINESSES AND RESIDENTS .25
	1028	+	(2) T
	1029	+	HE GENERAL ASSEMBLY THEREFORE DECLARES THAT IT IS IN26
	1030	+	THE PUBLIC INTEREST TO PHASE OUT THE SALE OF GENERAL -PURPOSE27
	1031	+	1161
	1032	+	-31- FLUORESCENT LIGHT BULBS THAT CONTAIN MERCURY .1
	1033	+	25-5-1403. Definitions. A
	1034	+	S USED IN THIS PART 14, UNLESS THE2
	1035	+	CONTEXT OTHERWISE REQUIRES :3
	1036	+	(1) "CIECAM02-UCS"
	1037	+	MEANS A COLOR APPEARANCE MODEL4
	1038	+	DESIGNED BY THE INTERNATIONAL COMMISSION ON ILLUMINATION TO5
	1039	+	ACCURATELY MODEL HUMAN COLOR PERCEPTION THAT USES UNIFORM6
	1040	+	COLOR SPACE.7
	1041	+	(2) (a) "C
	1042	+	OMPACT FLUORESCENT LAMP " MEANS A COMPACT ,8
	1043	+	LOW-PRESSURE, MERCURY-CONTAINING, ELECTRIC-DISCHARGE LIGHT9
	1044	+	SOURCE:10
	1045	+	(I) I
	1046	+	N WHICH A FLUORESCENT COATING TRANSFORMS SOME OF THE11
	1047	+	ULTRAVIOLET ENERGY GENERATED BY THE MERCURY DISCHARGE INTO12
	1048	+	VISIBLE LIGHT; AND13
	1049	+	(II) T
	1050	+	HAT:14
493	1051		(A) I
494		-	S ENABLED FOR WIRELESS CONNECTIVITY ;
	1052	+	NCLUDES ONE BASE OR END CAP OF ANY TYPE , INCLUDING15
	1053	+	SCREW, BAYONET, TWO-PIN, OR FOUR-PIN;16
	1054	+	(B) I
	1055	+	S INTEGRALLY BALLASTED OR NONINTEGRALLY BALLASTED ;17
	1056	+	(C) E
	1057	+	MITS LIGHT BETWEEN A CORRELATED COLOR TEMPERATURE18
	1058	+	OF 1700 KELVIN AND 24000 KELVIN AND A DUV OF +0.024 AND -0.024 IN19
	1059	+	THE CIECAM02-UCS; AND20
	1060	+	(D) I
	1061	+	NCLUDES ONE OR MORE TUBES , WHICH MAY BE OF ANY21
	1062	+	DIAMETER OR LENGTH.22
	1063	+	(b) "C
	1064	+	OMPACT FLUORESCENT LAMP " INCLUDES LAMPS OF ALL SIZES23
	1065	+	AND SHAPES FOR DIRECTIONAL AND NONDIRECTIONAL INSTALLATIONS ,24
	1066	+	INCLUDING PLUG-IN, SPIRAL, TWIN TUBE, TRIPLE TWIN, 2D, U-BEND, AND25
	1067	+	CIRCULAR LAMPS, THAT SATISFY THE DESCRIPTION IN SUBSECTION (2)(a)26
	1068	+	OF THIS SECTION.27
	1069	+	1161
	1070	+	-32- (3) "DUV" MEANS DELTA (U, 2/3V'), WHICH IS A METRIC THAT1
	1071	+	DESCRIBES THE DISTANCE OF A LIGHT COLOR POINT FROM THE PLANCKIAN2
	1072	+	LOCUS.3
	1073	+	(4) "E
	1074	+	XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF4
	1075	+	THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR THE5
	1076	+	EXECUTIVE DIRECTOR'S DESIGNEE.6
	1077	+	(5) (a) "L
	1078	+	INEAR FLUORESCENT LAMP" MEANS A LOW-PRESSURE,7
	1079	+	MERCURY-CONTAINING, ELECTRIC-DISCHARGE LIGHT SOURCE:8
	1080	+	(I) I
	1081	+	N WHICH A FLUORESCENT COATING TRANSFORMS SOME OF THE9
	1082	+	ULTRAVIOLET ENERGY GENERATED BY THE MERCURY DISCHARGE INTO10
	1083	+	VISIBLE LIGHT; AND11
	1084	+	(II) T
	1085	+	HAT:12
	1086	+	(A) I
	1087	+	NCLUDES TWO BASES OR END CAPS OF ANY TYPE , INCLUDING13
	1088	+	SINGLE-PIN, TWO-PIN, OR RECESSED DOUBLE CONTACT ;14
	1089	+	(B) E
	1090	+	MITS LIGHT BETWEEN A CORRELATED COLOR TEMPERATURE15
	1091	+	OF 1700 KELVIN AND 24000 KELVIN AND A DUV OF +0.024 AND -0.024 IN16
	1092	+	THE CIECAM02-UCS;17
	1093	+	(C) I
	1094	+	NCLUDES ALL TUBE DIAMETERS, INCLUDING T5, T8, T10, AND18
	1095	+	T12
	1096	+	TUBES; AND19
	1097	+	(D) I
	1098	+	NCLUDES ALL TUBE LENGTHS FROM SIX INCHES TO EIGHT FEET .20
	1099	+	(b) "L
	1100	+	INEAR FLUORESCENT LAMP " INCLUDES LAMPS OF ALL21
	1101	+	SHAPES, INCLUDING LINEAR, U-BEND, AND CIRCULAR.22
	1102	+	(6) "S
	1103	+	UNLAMP PRODUCT" HAS THE MEANING SET FORTH IN 21 CFR23
	1104	+	1040.20 (b)(9).24
	1105	+	25-5-1404. Scope and applicability. (1) E
	1106	+	XCEPT AS DESCRIBED25
	1107	+	IN SUBSECTION (2) OF THIS SECTION, THIS PART 14 APPLIES TO COMPACT26
	1108	+	FLUORESCENT LAMPS AND LINEAR FLUORESCENT LAMPS SOLD AS NEW IN27
	1109	+	1161
	1110	+	-33- COLORADO.1
	1111	+	(2) T
	1112	+	HIS PART 14 DOES NOT APPLY TO:2
	1113	+	(a) A
	1114	+	LAMP THAT IS DESIGNED AND MARKETED EXCLUSIVELY FOR3
	1115	+	IMAGE CAPTURE AND PROJECTION, INCLUDING PHOTOCOPYING; PRINTING,4
	1116	+	EITHER DIRECTLY OR IN PREPROCESSING; LITHOGRAPHY; FILM AND VIDEO5
	1117	+	PROJECTION; AND HOLOGRAPHY;6
495	1118		(b) A
496		-	LLOWS THE USER TO CONTROL HOME HEATING AND COOLING
497		-	TEMPERATURE SETTINGS FROM A COMPUTER OR FROM A PHONE
498		-	, A TABLET,
499		-	OR ANOTHER COMPUTER -ENABLED DEVICE; AND
500		-	(c) CAN AUTOMATICALLY ADJUST HEATING AND COOLING
501		-	TEMPERATURE SETTINGS BASED ON USER PREFERENCES
502		-	, DAILY SCHEDULES,
503		-	WEATHER CONDITIONS, OCCUPANCY, OR OPTIMAL ENERGY SAVINGS.
504		-	(36)
505		-	(62) "Spray sprinkler body" means the exterior case or shell of
506		-	a sprinkler
507		-	DESIGNED AND INTENDED FOR NONAGRICULTURAL USES , which
508		-	case or shell:
509		-	(a) Incorporates a means of connection to the piping system; and
510		-	(b) Is designed to convey water to a nozzle or orifice.
511		-	(63) "T
512		-	UB SPOUT DIVERTER" MEANS A DEVICE THAT IS DESIGNED TO
513		-	DIVERT THE FLOW OF WATER INTO A BATHTUB SO THE WATER DISCHARGES
514		-	THROUGH A SHOWERHEAD
515		-	.
516		-	PAGE 14-HOUSE BILL 23-1161 (64) "TUBULAR DAYLIGHTING DEVICE " MEANS A BUILDING
517		-	COMPONENT THAT RECEIVES DAYLIGHT IN A ROOFTOP DOME AND TRANSFERS
518		-	THE DAYLIGHT INDOORS THROUGH A HIGHLY REFLECTIVE TUBE
519		-	.
520		-	(37) "Uninterruptible power supply" means a power system for
521		-	maintaining continuity of load power in case of input power failure. It may
522		-	consist of a combination of one or more battery chargers, convertors,
523		-	switches, and batteries or other energy storage devices.
524		-	(65) "URINAL" MEANS A PLUMBING FIXTURE THAT RECEIVES LIQUID
525		-	BODY WASTE AND CONVEYS THE WASTE THROUGH A TRAP SEAL INTO A
526		-	GRAVITY DRAINAGE SYSTEM
527		-	.
528		-	(66) "W
529		-	ATER CLOSET" MEANS A PLUMBING FIXTURE THAT HAS A
530		-	WATER
531		-	-CONTAINING RECEPTOR THAT RECEIVES LIQUID AND SOLID BODY
532		-	WASTE THROUGH AN EXPOSED INTEGRAL TRAP AND C ONVEYS THE WASTE
533		-	INTO A DRAINAGE SYSTEM
534		-	. "WATER CLOSET" INCLUDES BOTH TANK-TYPE
535		-	AND FLUSHOMETER
536		-	-VALVE WATER CLOSETS.
537		-	(38)
538		-	(67) "Water cooler" means a freestanding device that consumes
539		-	energy to cool or heat, or both cool and heat, potable water. "W
540		-	ATER
541		-	COOLER
542		-	" INCLUDES:
	1119	+	LAMP THAT EMITS ULTRAVIOLET LIGHT AND THAT :7
	1120	+	(I) E
	1121	+	MITS ULTRAVIOLET LIGHT GREATER THAN TWO MILLIWATTS8
	1122	+	PER KILOLUMEN (MW/KLM);9
	1123	+	(II) I
	1124	+	S DESIGNED AND MARKETED EXCLUSIVELY FOR A GERMICIDAL10
	1125	+	PURPOSE, SUCH AS FOR THE DESTRUCTION OF DNA, WHICH LAMP EMITS A11
	1126	+	PEAK RADIATION OF APPROXIMATELY TWO HUNDRED FIFTY -THREE AND12
	1127	+	SEVEN-TENTHS NANOMETERS;13
	1128	+	(III) I
	1129	+	S DESIGNED AND MARKETED EXCLUSIVELY FOR DISINFECTION14
	1130	+	OR FLY TRAPPING AND:15
	1131	+	(A) F
	1132	+	ROM WHICH THE TOTAL RADIATION POWER EMITTED16
	1133	+	BETWEEN TWO HUNDRED AND THREE HUNDRED FIFTEEN NANOMETERS17
	1134	+	REPRESENTS AT LEAST FIVE PERCENT OF THE TOTAL RADIATION POWER18
	1135	+	EMITTED BETWEEN TWO HUNDRED FIFTY AND EIGHT HUNDRED19
	1136	+	NANOMETERS; OR20
	1137	+	(B) F
	1138	+	ROM WHICH THE TOTAL RADIATION POWER EMITTED BETWEEN21
	1139	+	THREE HUNDRED FIFTEEN AND FOUR HUNDRED NANOMETERS REPRESENTS22
	1140	+	AT LEAST TWENTY PERCENT OF THE TOTAL RADIATION POWER EMITTED23
	1141	+	BETWEEN TWO HUNDRED FIFTY AND EIGHT HUNDRED NANOMETERS ;24
	1142	+	(IV) I
	1143	+	S DESIGNED AND MARK ETED EXCLUSIVELY FOR THE25
	1144	+	GENERATION OF OZONE WHERE THE PRIMARY PURPOSE IS TO EMIT26
	1145	+	RADIATION AT APPROXIMATELY ONE HUNDRED EIGHTY -FIVE AND27
	1146	+	1161
	1147	+	-34- ONE-TENTH NANOMETERS;1
	1148	+	(V) I
	1149	+	S DESIGNED AND MARKETED EXCLUSIVELY FOR CORAL2
	1150	+	ZOOXANTHELLAE SYMBIOSIS AND FROM WHICH THE RADIATION POWER3
	1151	+	EMITTED BETWEEN FOUR HUNDRED AND FOUR HUNDRED EIGHTY4
	1152	+	NANOMETERS REPRESENTS AT LEAST FORTY PERCENT OF THE TOTAL5
	1153	+	RADIATION POWER EMITTED BETWEEN TWO HUNDRED FIFTY AND EIGHT6
	1154	+	HUNDRED NANOMETERS ;7
	1155	+	(VI) I
	1156	+	S DESIGNED AND MARKETED EXCLUSIVELY FOR USE IN A8
	1157	+	SUNLAMP PRODUCT;9
	1158	+	(VII) I
	1159	+	S DESIGNED AND MARKETED EXCLUSIVELY FOR USE IN A10
	1160	+	MEDICAL DEVICE FOR MEDICA L OR VETERINAR Y DIAGNOSIS OR11
	1161	+	TREATMENT;12
	1162	+	(VIII) I
	1163	+	S DESIGNED AND MARKETED EXCLUSIVELY FOR USE IN13
	1164	+	PHARMACEUTICAL PRODUCT MANUFACTURING OR QUALITY CONTROL ;14
	1165	+	(IX) I
	1166	+	S DESIGNED AND MARKETED EXCLUSIVELY FOR15
	1167	+	SPECTROSCOPY AND PHOTOMETRIC APPLICATIONS , SUCH AS UV-VISIBLE16
	1168	+	SPECTROSCOPY, MOLECULAR SPECTROSCOPY , ATOMIC ABSORPTION17
	1169	+	SPECTROSCOPY, NONDISPERSIVE INFRARED , FOURIER TRANSFORM18
	1170	+	INFRARED, MEDICAL ANALYSIS , ELLIPSOMETRY, LAYER THICKNESS19
	1171	+	MEASUREMENT, PROCESS MONITORING, OR ENVIRONMENTAL MONITORING ;20
	1172	+	OR21
	1173	+	(X) I
	1174	+	S USED BY ACADEMIC AND RESEARCH INSTITUTIONS22
	1175	+	EXCLUSIVELY FOR CONDUCTING RESEARCH PROJECTS AND EXPERIMENTS ;23
	1176	+	OR24
	1177	+	(c) A
	1178	+	PRODUCT THAT IS HELD IN INVENTORY IN COLORADO ON THE25
	1179	+	EFFECTIVE DATE OF THE APPLICABLE STANDARD DESCRIBED IN SECTION26
	1180	+	25-5-1405.27
	1181	+	1161
	1182	+	-35- 25-5-1405. Prohibited lamps. (1) ON AND AFTER JANUARY1
	1183	+	1, 2025, A PERSON SHALL NOT MANUFACTURE , DISTRIBUTE, SELL, OR OFFER2
	1184	+	FOR SALE IN COLORADO ANY:3
	1185	+	(a) LINEAR FLUORESCENT LAMP; OR4
	1186	+	(b) COMPACT FLUORESCENT LAMP .5
	1187	+	25-5-1406. Enforcement - verifications of compliance - civil6
	1188	+	action by attorney general - penalties. (1) THE EXECUTIVE DIRECTOR7
	1189	+	SHALL:8
	1190	+	(a) VERIFY MAJOR RETAILERS' AND DISTRIBUTORS' COMPLIANCE9
	1191	+	WITH THE PROVISIONS OF THIS PART 14 THROUGH ONLINE SPOT-CHECKS,10
	1192	+	COORDINATION WITH OTHER STATES THAT HAVE SIMILAR STANDARDS, OR11
	1193	+	BOTH;12
	1194	+	(b) CONDUCT SUCH VERIFICATIONS AT LEAST ONCE BEFORE13
	1195	+	JANUARY 1, 2026, AND AGAIN AT LEAST ONCE BEFORE JANUARY 1, 2031;14
	1196	+	(c) DELIVER A REPORT ON THE METHOD AND FINDINGS OF THE15
	1197	+	VERIFICATIONS TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE16
	1198	+	HOUSE OF REPRESENTATIVES AND TO THE TRANSPORTATION AND ENERGY17
	1199	+	COMMITTEE OF THE SENATE, OR TO ANY SUCCESSOR COMMITTEES , AND18
	1200	+	POST THE REPORT TO THE DEPARTMENT OF PUBLIC HEALTH AND19
	1201	+	ENVIRONMENT'S WEBSITE WITHIN ONE MONTH AFTER ITS COMPLETION;20
	1202	+	AND21
	1203	+	(d) DELIVER ANY FINDINGS OF VIOLATIONS TO THE ATTORNEY22
	1204	+	GENERAL.23
	1205	+	(2) O
	1206	+	N OR BEFORE JANUARY 1,
	1207	+	2025, THE EXECUTIVE DIRECTOR24
	1208	+	SHALL ESTABLISH A PROCESS WHEREBY INDIVIDUALS MAY ANONYMOUSLY25
	1209	+	REPORT POTENTIAL VIOLATIONS OF THIS PART 14 ON THE DEPARTMENT OF26
	1210	+	PUBLIC HEALTH AND ENVIRONMENT 'S PUBLIC WEBSITE. THE EXECUTIVE27
	1211	+	1161
	1212	+	-36- DIRECTOR SHALL INVESTIGATE ANY REPORTED POTENTIAL VIOLATION AND1
	1213	+	SHALL REPORT ANY CONFIRMED VIOLATIONS TO THE ATTORNEY GENERAL .2
	1214	+	(3) (a) I
	1215	+	F THE ATTORNEY GENERAL HAS PROBABLE CAUSE TO3
	1216	+	BELIEVE THAT ANY PERSON OR GROUP OF PERSONS HAS VIOLATED OR4
	1217	+	CAUSED ANOTHER PERSON TO VIOLATE SECTION 25-5-1405, THE5
	1218	+	ATTORNEY GENERAL MAY BRING A CIVIL ACTION ON BEHALF OF THE STATE6
	1219	+	TO SEEK THE IMPOSITION OF CIVIL PENALTIES AS SPECIFIED IN THIS7
	1220	+	SUBSECTION (3). ANY PERSON WHO VIOLATES OR CAUSES ANOTHER8
	1221	+	PERSON TO VIOLATE SECTION 25-5-1405 SHALL PAY A CIVIL PENALTY OF9
	1222	+	NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION , WHICH10
	1223	+	AMOUNT SHALL BE TRANSFERRED TO THE STATE TREASURER TO BE11
	1224	+	CREDITED TO THE ENERGY FUND CREATED IN SECTION 24-38.5-102.4.12
	1225	+	(b) F
	1226	+	OR PURPOSES OF SUBSECTION (3)(a) OF THIS SECTION:13
	1227	+	(I) E
	1228	+	ACH TRANSACTION OR ONLINE FOR -SALE PRODUCT LISTING14
	1229	+	INVOLVED CONSTITUTES A SEPARATE VIOLATION ; EXCEPT THAT THE15
	1230	+	MAXIMUM CIVIL PENALTY MAY NOT EXCEED FIVE HUNDRED THOUSAND16
	1231	+	DOLLARS FOR ANY RELATED SERIES OF VIOLATIONS ; AND17
	1232	+	(II) A
	1233	+	COURT SHALL NOT IMPOSE A FINE AGAINST A18
	1234	+	NONMANAGERIAL EMPLOYEE OF A CONTRACTOR THAT INSTALLS , REPAIRS,19
	1235	+	OR REPLACES LINEAR OR COMPACT FLUORESCENT LAMPS AND COLLECTS20
	1236	+	FROM THE CUSTOMER AN AMOUNT REPRESENTING BOTH PARTS AND21
	1237	+	LABOR.22
	1238	+	SECTION 9. In Colorado Revised Statutes, add part 15 to article23
	1239	+	7 of title 25 as follows:24
	1240	+	PART 1525
	1241	+	ENVIRONMENTAL STANDARDS FOR HEATING26
	1242	+	AND WATER HEATING APPLIANCES27
	1243	+	1161
	1244	+	-37- 25-7-1501. Legislative declaration. (1) T HE GENERAL ASSEMBLY1
	1245	+	DECLARES THAT IT IS IN THE INTEREST OF THE STATE TO REDUCE AND2
	1246	+	PREVENT AIR POLLUTION FROM CERTAIN NEW HEATING AND WATER3
	1247	+	HEATING APPLIANCES IN ORDER TO:4
	1248	+	(a) P
	1249	+	ROTECT THE AIR THAT COLORADANS BREATHE BY REDUCING5
	1250	+	UNHEALTHY LEVELS OF SMOG AND OZONE , WHICH HAVE HIT RECORD HIGHS6
	1251	+	IN COLORADO IN RECENT YEARS AND HAVE DISPROPORTIONATELY7
	1252	+	IMPACTED LOW-INCOME AREAS;8
	1253	+	(b) M
	1254	+	INIMIZE HEALTH RISKS ASSOCIATED WITH AIR POLLUTION ,9
	1255	+	INCLUDING RESPIRATORY AILMENTS SUCH AS ASTHMA AND10
	1256	+	CARDIOVASCULAR ILLNESSES , WHICH ARE LINKED TO EXPOSURE TO FINE11
	1257	+	PARTICULATE MATTER AND NITROGEN DIOXIDE ;12
	1258	+	(c) A
	1259	+	SSIST COLORADO COUNTIES IN ACHIEVING ATTAINMENT OF13
	1260	+	FEDERAL OZONE NATIONAL AMBIENT AIR QUALITY STANDARDS ;14
	1261	+	(d) I
	1262	+	MPROVE THE CLARITY OF SCENIC VIEWS FOR PURPOSES OF15
	1263	+	FACILITATING ENJOYMENT OF COLORADO'S BOUNTIFUL NATURAL16
	1264	+	RESOURCES AND MAINTAIN ITS REPUTATION FOR HIGH -QUALITY OUTDOOR17
	1265	+	RECREATION;18
	1266	+	(e) MITIGATE THE EFFECTS OF CLIMATE CHANGE ;19
	1267	+	(f) CONTRIBUTE TO THE STATE 'S ECONOMY BY BUILDING A20
	1268	+	TRAINED AND COMPETITIVE WORKFORCE TO INSTALL AND MAINTAIN21
	1269	+	NEWLY PURCHASED APPLIANCES ; AND22
	1270	+	(g) ENSURE THAT THE BENEFITS OF CLEAN AND HEALTHY AIR ARE23
	1271	+	DISTRIBUTED TO ALL PARTS OF THE STATE.24
	1272	+	25-7-1502. Definitions. A
	1273	+	S USED IN THIS PART 15, UNLESS THE25
	1274	+	CONTEXT OTHERWISE REQUIRES :26 27
	1275	+	1161
	1276	+	-38- (1) "BTU" MEANS BRITISH THERMAL UNIT, WHICH IS A SCIENTIFIC1
	1277	+	UNIT OF MEASUREMENT EQUAL TO THE QUANTITY OF HEAT REQUIRED TO2
	1278	+	RAISE THE TEMPERATURE OF ONE POUND OF WATER ONE DEGREE3
	1279	+	F
	1280	+	AHRENHEIT AT APPROXIMATELY SIXTY DEGREES FAHRENHEIT.4 (2) "ENERGY STAR PROGRAM" HAS THE MEANING SET FORTH IN5
	1281	+	SECTION 6-7.5-102 (24).6
	1282	+	(3) "E
	1283	+	XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF7
	1284	+	THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR THE8
	1285	+	EXECUTIVE DIRECTOR'S DESIGNEE.9
	1286	+	(4) "F
	1287	+	AN-TYPE CENTRAL FURNACE " MEANS A SELF-CONTAINED10
	1288	+	SPACE HEATER THAT PROVIDES FOR CIRCULATION OF HEATED AIR AT11
	1289	+	PRESSURES OTHER THAN ATMOSPHERIC THROUGH DUCTS MORE THAN TEN12
	1290	+	INCHES IN LENGTH.13
	1291	+	(5) (a) "H
	1292	+	EAT INPUT" MEANS THE HEAT RELEASED BY THE14
	1293	+	COMBUSTION OF FUELS AND IS BASED ON THE GROSS ENERGY CONTENT OF15
	1294	+	THE COMBUSTIBLE FUEL, ALSO KNOWN AS THE HIGHER HEATING VALUE OF16
	1295	+	FUEL.17
	1296	+	(b) "H
	1297	+	EAT INPUT" DOES NOT INCLUDE THE ENTHALPY OF INCOMING18
	1298	+	COMBUSTION AIR.19
	1299	+	(6) "H
	1300	+	EAT OUTPUT" MEANS THE ENTHALPY OF THE WORKING FLUID20
	1301	+	OUTPUT OF A WATER HEATER.21
	1302	+	(7) "M
	1303	+	ANUFACTURED HOME " MEANS A PREFABRICATED22
	1304	+	STRUCTURE ON A PERMANENTLY ATTACHED CHASSIS , WHICH STRUCTURE23
	1305	+	SATISFIES THE FEDERAL MANUFACTURED HOME CONSTRUCTION SAFETY24
	1306	+	STANDARD, AS DEFINED IN SECTION 24-32-3302 (13).25
	1307	+	(8) "NO
	1308	+	X" MEANS THE SUM OF NITRIC OXIDE AND NITROGEN26
	1309	+	DIOXIDE.27
	1310	+	1161
	1311	+	-39- (9) "RATED HEAT INPUT CAPACITY " MEANS THE HEAT INPUT1
	1312	+	CAPACITY SPECIFIED ON THE NAMEPLATE OF A WATER HEATER . IF A WATER2
	1313	+	HEATER HAS BEEN ALTERED OR MODIFIED SUCH THAT ITS MAXIMUM HEAT3
	1314	+	INPUT IS DIFFERENT FROM THE HEAT INPUT CAPACITY SPECIFIED ON THE4
	1315	+	NAMEPLATE, THE NEW MAXIMUM HEAT INPUT IS THE WATER HEATER 'S5
	1316	+	RATED HEAT INPUT CAPACITY.6
	1317	+	(10) "R
	1318	+	ECREATIONAL VEHICLE" MEANS A MOTOR HOME, TRAVEL7
	1319	+	TRAILER, TRUCK CAMPER, OR CAMPING TRAILER, WITH OR WITHOUT8
	1320	+	MOTIVE POWER, THAT IS DESIGNED FOR HUMAN OCCUPANCY AND FOR9
	1321	+	RECREATIONAL, EMERGENCY, OR OTHER USE.10
	1322	+	(11) "W
	1323	+	ATER HEATER" MEANS A DEVICE THAT HEATS WATER BY11
	1324	+	COMBUSTION OF FUEL OR THROUGH THE USE OF ELECTRICITY TO A12
	1325	+	THERMOSTATICALLY CONTROLLED TEMPERATURE NOT EXCEEDING TWO13
	1326	+	HUNDRED TEN DEGREES FAHRENHEIT OR NINETY-NINE DEGREES CELSIUS,14
	1327	+	FOR USE EXTERNAL TO THE DEVICE, AT A PRESSURE NOT EXCEEDING ONE15
	1328	+	HUNDRED SIXTY POUNDS PER SQUARE INCH GAUGE .16
	1329	+	25-7-1503. Scope and applicability. (1) E
	1330	+	XCEPT AS DESCRIBED17
	1331	+	IN SUBSECTION (2) OF THIS
	1332	+	SECTION AND AS MODIFIED BY RULES18
	1333	+	PROMULGATED BY THE EXECUTIVE DIRECTOR OR THE COMMISSION19
	1334	+	PURSUANT TO SECTION 25-7-1506, THIS PART 15 APPLIES TO THE20
	1335	+	FOLLOWING NEW PRODUCTS :21
	1336	+	(a) W
	1337	+	ATER HEATERS WITH A RATED HEAT INPUT CAPACITY OF TWO22 MILLION BTUS PER HOUR OR LESS; AND23
	1338	+	(b) FAN-TYPE CENTRAL FURNACES THAT :24
	1339	+	(I) R
	1340	+	EQUIRE EITHER SINGLE-PHASE OR THREE-PHASE ELECTRIC25
	1341	+	SUPPLY;26
	1342	+	(II) A
	1343	+	RE USED FOR COMFORT HEATING ; AND27
	1344	+	1161
	1345	+	-40- (III) HAVE A RATED HEAT INPUT CAPACITY OF LESS THAN ONE1
	1346	+	HUNDRED SEVENTY-FIVE THOUSAND BTUS PER HOUR, AND, IN THE CASE2
	1347	+	OF COMBINATION HEATING AND COOLING UNITS , A COOLING RATE OF LESS3
	1348	+	THAN SIXTY-FIVE THOUSAND BTUS PER HOUR.4
	1349	+	(2) T
	1350	+	HIS PART 15 DOES NOT APPLY TO:5
	1351	+	(a) P
	1352	+	RODUCTS HELD IN INVENTORY IN COLORADO ON THE6
	1353	+	EFFECTIVE DATE OF THE APPLICABLE STANDARD ;7
	1354	+	(b) P
	1355	+	RODUCTS THAT WERE INSTALLED IN MANUFACTURED HOMES8
	1356	+	AT THE TIME OF CONSTRUCTION;9
	1357	+	(c) P
	1358	+	RODUCTS DESIGNED EXPRESSLY FOR INSTALLATION AND USE10
	1359	+	IN RECREATIONAL VEHICLES; OR11
	1360	+	(d) PRODUCTS THAT DO NOT BURN FOSSIL FUELS .12
	1361	+	25-7-1504. Emission standards for new products. (1) ON AND13
	1362	+	AFTER JANUARY 1, 2026, EXCEPT AS DESCRIBED IN SECTION 25-7-1506, A14
	1363	+	PERSON SHALL NOT MANUFACTURE, DISTRIBUTE, SELL, OFFER FOR SALE,15
	1364	+	LEASE, OR OFFER FOR LEASE IN COLORADO ANY OF THE FOLLOWING NEW16
	1365	+	PRODUCTS UNLESS THE EMISSIONS OF THE PRODUCT DO NOT EXCEED THE17
	1366	+	FOLLOWING EMISSIONS LIMITS, AS APPLICABLE:18
	1367	+	(a) TEN NANOGRAMS OF NOX PER JOULE FOR WATER HEATERS19
	1368	+	WITH A RATED HEAT INPUT CAPACITY OF UP TO SEVENTY-FIVE THOUSAND20
	1369	+	BTUS PER HOUR AND FOR ANY UNIT WITH POWER ASSIST ;21
	1370	+	(b) FOURTEEN NANOGRAMS OF NOX PER JOULE FOR WATER22
	1371	+	HEATERS WITH A RATED HEAT INPUT CAPACITY OF MORE THAN23
	1372	+	SEVENTY-FIVE THOUSAND AND LESS THAN TWO MILLION BTUS PER HOUR;24
	1373	+	OR25
	1374	+	(c) FOURTEEN NANOGRAMS OF NOX PER JOULE FOR FAN-TYPE26
	1375	+	CENTRAL FURNACES.27
	1376	+	1161
	1377	+	-41- (2) EQUIPMENT THAT IS CERTIFIED TO THE MOST RECENT VERSION1
	1378	+	OF THE ENERGY STAR PROGRAM FOR THE RELEVANT EQUIPMENT TYPE IS2
	1379	+	DEEMED TO COMPLY WITH THE REQUIREMENTS OF SUBSECTION (1) OF THIS3
	1380	+	SECTION.4
	1381	+	25-7-1505. Testing - required displays - demonstrations of5
	1382	+	compliance. (1) M
	1383	+	ANUFACTURERS OF NATURAL -GAS-FUELED WATER6
	1384	+	HEATERS DESCRIBED BY SECTION 25-7-1503 (1)(a) SHALL TEST EACH7
	1385	+	APPLICABLE MODEL FOR SALE IN COLORADO IN ACCORDANCE WITH THE8
	1386	+	SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT PROTOCOL "NITROGEN9
	1387	+	O
	1388	+	XIDES EMISSIONS COMPLIANCE TESTING FOR NATURAL GAS-FIRED10
	1389	+	W
	1390	+	ATER HEATERS AND SMALL BOILERS", AS AMENDED.11
	1391	+	(2) M
	1392	+	ANUFACTURERS OF FAN -TYPE CENTRAL FURNACES12
	1393	+	DESCRIBED BY SECTION 25-7-1503 (1)(c) SHALL TEST EACH APPLICABLE13
	1394	+	MODEL FOR SALE IN COLORADO IN ACCORDANCE WITH THE SOUTH COAST14
	1395	+	AIR QUALITY MANAGEMENT DISTRICT METHOD 100.1 "INSTRUMENTAL15
	1396	+	A
	1397	+	NALYZER PROCEDURES FOR CONTINUOUS GASEOUS EMISSION16
	1398	+	S
	1399	+	AMPLING", AS AMENDED.17
	1400	+	18
	1401	+	(3) UNLESS A PRODUCT APPEARS IN A PUBLIC DATABASE OF19
	1402	+	PRODUCTS MAINTAINED BY A STATE OR FEDERAL AGENCY OR BY AN20
	1403	+	ENVIRONMENTAL NONPROFIT ORGANIZATION , WHICH DATABASE REQUIRES21
	1404	+	COMPLIANCE WITH EMISSION STANDARDS THAT ARE AS DEM ANDING OR22
	1405	+	MORE DEMANDING THAN THE EMISSION STANDARDS DESCRIBED IN THIS23
	1406	+	PART 15, MANUFACTURERS OF PRODUCTS DESCRIBED IN SECTION24
	1407	+	25-7-1503
	1408	+	(1) SHALL DEMONSTRATE COMPLIANCE WITH THIS PART 15 FOR25EACH MODEL BY EITHER:26
543	1409		(a) A
544		-	COLD-ONLY UNIT THAT DISPENSES ONLY COLD WATER ;
545		-	(b) A
546		-	HOT-AND-COLD UNIT THAT DISPENSES BOTH HOT AND COLD
547		-	WATER AND
548		-	, IN SOME MODELS, ALSO ROOM TEMPERATURE WATER ;
549		-	(c) A
550		-	COOK-AND-COLD UNIT THAT DISPENSES BOTH ROOM
551		-	TEMPERATURE AND COLD WATER
552		-	;
553		-	(d) A
554		-	STORAGE-TYPE UNIT THAT INSTANTANEOUSLY DELIVERS
555		-	WATER FROM A STORAGE TANK WITHIN THE UNIT
556		-	, INCLUDING POINT-OF-USE,
557		-	DRY STORAGE COMPARTMENT , AND BOTTLED WATER COOLERS ; AND
558		-	(e) AN ON-DEMAND UNIT THAT HEATS WATER AS IT IS REQUESTED ,
559		-	TYPICALLY WITHIN A FEW MINUTES.
560		-	(39)
561		-	(68) "WaterSense-listed plumbing fixture" means a plumbing
562		-	fixture or plumbing fixture fitting that has been:
563		-	PAGE 15-HOUSE BILL 23-1161 (a) Tested by an accredited third-party certifying body or laboratory
564		-	in accordance with the federal environmental protection agency's
565		-	WaterSense program or a successor program;
566		-	(b) Certified by the body or laboratory as meeting the performance
567		-	and efficiency requirements of the WaterSense program; and
568		-	(c) Authorized by the WaterSense program to use its label.
569		-	(40)
570		-	(69) "WaterSense program" means the federal program
571		-	authorized by 42 U.S.C. sec. 6294b.
572		-	SECTION 2. In Colorado Revised Statutes, repeal 6-7.5-103 as
573		-	follows:
574		-	6-7.5-103. Low-efficiency plumbing fixtures. (1) (a) Effective
575		-	September 1, 2019, a person shall not sell a new low-efficiency plumbing
576		-	fixture, other than a flushometer-valve water closet, in Colorado.
577		-	(b) Effective January 1, 2021, a person shall not sell a new
578		-	low-efficiency flushometer-valve water closet in Colorado.
579		-	(2) This section does not preempt any action of a municipality,
580		-	county, or city and county that prescribes additional or more restrictive
581		-	water conservation or energy efficiency requirements affecting the sale or
582		-	use of plumbing fixtures, appliances, or other products if the requirements
583		-	comply with the standard specified in subsection (1) of this section.
584		-	SECTION 3. In Colorado Revised Statutes, 6-7.5-104, amend
585		-	(1)(i), (1)(o), (1)(p), and (2)(c); repeal (1)(a) and (1)(h); and add (1)(a.3),
586		-	(1)(a.6), (1)(d.5), (1)(f.2), (1)(f.5), (1)(j.5), (1)(j.7), (1)(l.4), (1)(l.6),
587		-	(1)(m.6), (1)(m.8), (1)(o.2), (1)(o.4), (1)(o.6), (1)(q), and (4) as follows:
588		-	6-7.5-104. Scope and applicability. (1) Subject to subsection (2)
589		-	of this section and as further specified in section 6-7.5-105, this article 7.5
590		-	applies to the following products sold as new in Colorado:
591		-	(a) Air compressors;
592		-	(a.3) AIR PURIFIERS;
593		-	PAGE 16-HOUSE BILL 23-1161 (a.6) COLD-TEMPERATURE FLUORESCENT LAMPS ;
594		-	(d.5) C
595		-	OMMERCIAL OVENS;
596		-	(f.2) E
597		-	LECTRIC STORAGE WATER HEATERS ;
598		-	(f.5) E
599		-	LECTRIC VEHICLE SUPPLY EQUIPMENT ;
600		-	(h) Flushometer-valve water closets;
601		-	(i) General service lamps GAS FIREPLACES;
602		-	(j.5) I
603		-	MPACT-RESISTANT FLUORESCENT LAMPS ;
604		-	(j.7) I
605		-	RRIGATION CONTROLLERS;
606		-	(l.4) R
607		-	ESIDENTIAL DOORS;
608		-	(l.6) R
609		-	ESIDENTIAL SKYLIGHTS;
610		-	(m.6) R
611		-	ESIDENTIAL WINDOWS;
612		-	(m.8) S
613		-	HOWERHEADS;
614		-	(o) Uninterruptible power supplies; and
615		-	THERMOSTATS;
616		-	(o.2) T
617		-	UB SPOUT DIVERTERS AND SHOWERHEAD TUB SPOUT DIVERTER
618		-	COMBINATIONS
619		-	;
620		-	(o.4) U
621		-	RINALS;
622		-	(o.6) W
623		-	ATER CLOSETS;
624		-	(p) Water coolers;
625		-	AND
626		-	(q) OTHER PRODUCTS AS MAY BE DESIGNATED BY THE EXECUTIVE
627		-	DIRECTOR PURSUANT TO SECTION
628		-	6-7.5-106.
629		-	(2) This article 7.5 does not apply to:
630		-	PAGE 17-HOUSE BILL 23-1161 (c) Products held in inventory on or before:
631		-	(I) The effective date of the applicable standard for each category
632		-	of product set forth in this article 7.5;
633		-	OR
634		-	(II) THE EFFECTIVE DATE FOR EACH CATEGORY OF PRODUCTS , AS
635		-	DETERMINED BY THE EXECUTIVE DIRECTOR BY RULE PURSUANT TO SECTION
636		-	6-7.5-106.
637		-	(4) T
638		-	HIS ARTICLE 7.5 DOES NOT PREEMPT ANY ACTION OF A
639		-	STATUTORY OR HOME RULE MUNICIPALITY
640		-	, COUNTY, OR CITY AND COUNTY
641		-	THAT PRESCRIBES ADDITIONAL OR MORE RESTRICTIVE WATER
642		-	CONSERVATION OR ENERGY EFFICIENCY REQUIREMENTS AFFECTING THE SALE
643		-	OR USE OF PLUMBING FIXTURES
644		-	, APPLIANCES, OR OTHER PRODUCTS IF THE
645		-	REQUIREMENTS COMPLY WITH THE STANDARDS SPECIFIED IN THIS ARTICLE
646		-	7.5.
647		-	SECTION 4. In Colorado Revised Statutes, 6-7.5-105, amend (1),
648		-	(3) introductory portion, (3)(a), (3)(b), (3)(c), (3)(d), (3)(h), (3)(i), (3)(j),
649		-	(3)(k), and (3)(m) introductory portion; repeal (2), (3)(g), (3)(l), and (4)(a);
650		-	and add (5) as follows:
651		-	6-7.5-105. Standards - effective dates - repeal. (1) The executive
652		-	director need not adopt by rule, but shall collect and make publicly available
653		-	in hard copy, through a website, or both, the federal rules and other rules
654		-	and standards referred to in this section. The references in this section are
655		-	to the rules and standards as they existed on the dates specified or, if not so
656		-	specified, as they existed on August 2, 2019, and do not include later
657		-	editions or revisions. ON AND AFTER THE EFFECTIVE DATE OF THIS
658		-	SUBSECTION
659		-	(1), AS AMENDED, A PERSON SHALL NOT SELL ANY OF THE
660		-	FOLLOWING PLUMBING FIXTURES IN
661		-	COLORADO UNLESS THEY ARE
662		-	WATERSENSE-LISTED PLUMBING FIXTURES:
663		-	(a) (I) A
664		-	PRIVATE LAVATORY FAUCET.
665		-	(II) T
666		-	HIS SUBSECTION (1)(a) IS REPEALED, EFFECTIVE JANUARY 1,
667		-	2026.
668		-	(b) A
669		-	PUBLIC LAVATORY FAUCET;
670		-	PAGE 18-HOUSE BILL 23-1161 (c) A SHOWERHEAD;
671		-	(d) (I) A
672		-	URINAL.
673		-	(II) T
674		-	HIS SUBSECTION (1)(d) IS REPEALED, EFFECTIVE JANUARY 1,
675		-	2026.
676		-	(e) A
677		-	WATER CLOSET.
678		-	(2) On or after January 1, 2020, a person shall not sell or offer for
679		-	sale in Colorado a general service lamp unless it either:
680		-	(a) Is subject to federal preemption; or
681		-	(b) Meets or exceeds a lamp efficacy of forty-five lumens per watt,
682		-	when tested in accordance with the applicable federal test procedures for
683		-	general service lamps prescribed in 10 CFR 430.23 (gg), as in effect on
684		-	January 3, 2017.
685		-	(3) On or AND after January 1, 2021, A PERSON SHALL NOT SELL,
686		-	LEASE, OR RENT ANY OF the following new products shall not be sold,
687		-	leased, or rented in Colorado unless the efficiency of the new product meets
688		-	or exceeds the following efficiency standards, as applicable:
689		-	(a) Commercial dishwashers included in the scope of the Energy
690		-	Star program requirements product specification for commercial
691		-	dishwashers version 2.0, must meet the qualification criteria of that
692		-	specification.
693		-	(b) Commercial fryers included in the scope of the Energy Star
694		-	program requirements product specification for commercial fryers version
695		-	2.0, must meet the qualification criteria of that specification.
696		-	(c) (I) Commercial hot food holding cabinets must have a maximum
697		-	idle energy rate of forty watts per cubic foot of interior volume, as
698		-	determined by the "idle energy rate-dry test" in ASTM standard F2140-11,
699		-	"Test Method for the Performance of Hot Food Holding Cabinets",
700		-	published by ASTM International, formerly known as the American Society
701		-	for Testing and Materials. Interior volume must be measured as prescribed
702		-	in the Energy Star program requirements
703		-	product specification for
704		-	PAGE 19-HOUSE BILL 23-1161 commercial hot food holding cabinets, version 2.0.
705		-	(II) T
706		-	HIS SUBSECTION (3)(c) IS REPEALED, EFFECTIVE JANUARY 1,
707		-	2026.
708		-	(d) Commercial steam cookers must meet the requirements of the
709		-	Energy Star program requirements
710		-	product specification for commercial
711		-	steam cookers. version 1.2.
712		-	(g) Flushometer-valve water closets included within the scope of the
713		-	WaterSense specification for flushometer-valve water closets, version 1.0,
714		-	must meet the water efficiency and performance criteria and other
715		-	requirements of that specification.
716		-	(h) (I) High CRI fluorescent lamps must meet the minimum efficacy
717		-	requirements contained in 10 CFR 430.32 (n)(4) as in effect on January 3,
718		-	2017, as measured in accordance with 10 CFR 430, subpart B, appendix R,
719		-	"Uniform Test Method for Measuring Average Lamp Efficacy (LE), Color
720		-	Rendering Index (CRI), and Correlated Color Temperature (CCT) of
721		-	Electric Lamps", as in effect on January 3, 2017.
722		-	(II) T
723		-	HIS SUBSECTION (3)(h) IS REPEALED, EFFECTIVE JANUARY 1,
724		-	2026.
725		-	(i) Portable electric spas must meet the requirements of the
726		-	"American National Standard for Portable Electric Spa Energy Efficiency"
727		-	ANSI/APSP/ICC-14.
728		-	(j) New residential ventilating fans must meet the
729		-	FAN MOTOR
730		-	EFFICACY
731		-	qualification criteria of the Energy Star program requirements
732		-	product specification for residential ventilating fans. version 3.2.
733		-	(k) (I) Spray sprinkler bodies that are not specifically excluded from
734		-	the scope of the WaterSense
735		-	PROGRAM PRODUCT specification for spray
736		-	sprinkler bodies, version 1.0, must include an integral pressure regulator
737		-	and must meet the water efficiency and performance criteria and other
738		-	requirements of that specification.
739		-	(II) T
740		-	HIS SUBSECTION (3)(k) IS REPEALED, EFFECTIVE JANUARY 1,
741		-	2026.
742		-	PAGE 20-HOUSE BILL 23-1161 (l) Uninterruptible power supplies that utilize a NEMA 1-15P or
743		-	5-15P input plug and have an alternating current output must have an
744		-	average load-adjusted efficiency that meets or exceeds the values shown on
745		-	page 193 of the prepublication final rule "Energy Conservation Program:
746		-	Energy Conservation Standards for Uninterruptible Power Supplies" issued
747		-	by the United States department of energy on December 28, 2016, as
748		-	measured in accordance with test procedures prescribed in 10 CFR 430,
749		-	subpart B, appendix Y, "Uniform Test Method for Measuring the Energy
750		-	Consumption of Battery Chargers", as in effect on January 11, 2017.
751		-	(m) Water coolers included in the scope of the Energy Star program
752		-	requirements product specification for water coolers version 2.0, must have
753		-	an "on" mode with no-water-draw energy consumption less than or equal
754		-	to the following values as measured in accordance with the test
755		-	requirements of that program:
756		-	(4) On or after February 1, 2022, the following new products shall
757		-	not be sold, leased, or rented in Colorado unless the efficiency of the new
758		-	product meets or exceeds the following efficiency standards, as applicable:
759		-	(a) Air compressors that meet the twelve criteria listed on page 350
760		-	to 351 of the "Energy Conservation Standards for Air Compressors" final
761		-	rule issued by the United States department of energy on December 5, 2016,
762		-	must meet the requirements in table 1 on page 352 following the
763		-	instructions on page 353 and as measured in accordance with 10 CFR 431,
764		-	subpart T, appendix A, "Uniform Test Method for Certain Air
765		-	Compressors", as in effect on July 3, 2017.
766		-	(5) ON AND AFTER JANUARY 1, 2026, A PERSON SHALL NOT SELL,
767		-	OFFER TO SELL, LEASE, OR OFFER TO LEASE ANY OF THE FOLLOWING NEW
768		-	PRODUCTS IN
769		-	COLORADO UNLESS THE EFFICIENCY OF THE NEW PRODUCT
770		-	MEETS OR EXCEEDS THE FOLLOWING EFFICIENCY STANDARDS
771		-	, AS
772		-	APPLICABLE
773		-	:
774		-	(a) A
775		-	IR PURIFIERS, EXCEPT INDUSTRIAL AIR PURIFIERS, MUST MEET
776		-	THE CERTIFICATION REQUIREMENTS OF THE
777		-	ENERGY STAR PROGRAM
778		-	PRODUCT SPECIFICATION FOR ROOM AIR CLEANERS
779		-	.
780		-	(b) C
781		-	OMMERCIAL HOT FOOD HOLDING CABINETS MUST MEET THE
782		-	QUALIFICATION CRITERIA OF THE
783		-	ENERGY STAR PROGRAM PRODUCT
784		-	PAGE 21-HOUSE BILL 23-1161 SPECIFICATION FOR COMMERCIAL HOT FOOD HOLDING CABINETS .
785		-	(c) C
786		-	OMMERCIAL OVENS INCLUDED IN THE SCOPE OF THE ENERGY
787		-	STAR PROGRAM PRODUCT SPECIFICATION FOR COMMERCIAL OVENS MUST
788		-	MEET THE QUALIFICATION CRITERIA OF THAT SPECIFICATION
789		-	.
790		-	(d) E
791		-	LECTRIC STORAGE WATER HEATERS MUST HAVE A MODULAR
792		-	DEMAND RESPONSE COMMUNICATIONS PORT COMPLIANT WITH
793		-	AHRI 1430.
794		-	(e) E
795		-	LECTRIC VEHICLE SUPPLY EQUIPMENT INCLUDED IN THE SCOPE
796		-	OF THE
797		-	ENERGY STAR PROGRAM PRODUCT SPECIFICATION FOR ELECTRIC
798		-	VEHICLE SUPPLY EQUIPMENT MUST MEET THE CERTIFICATION CRITERIA OF
799		-	THAT SPECIFICATION
800		-	.
801		-	(f) G
802		-	AS FIREPLACES MUST COMPLY WITH THE FOLLOWING
803		-	REQUIREMENTS
804		-	:
805		-	(I) G
806		-	AS FIREPLACES MUST BE CAPABLE OF AUTOMATICALLY
807		-	EXTINGUISHING ANY PILOT FLAME WHEN THE MAIN GAS BURNER FLAME IS
808		-	EXTINGUISHED OR MUST PREVENT ANY IGNITION SOURCE FOR THE MAIN GAS
809		-	BURNER FLAME FROM OPERATING CONTINUOUSLY FOR MORE THAN SEVEN
810		-	DAYS FROM THE LAST USE OF THE MAIN GAS BURNER
811		-	;
812		-	(II) D
813		-	ECORATIVE GAS FIREPLACES MUST HAVE A DIRECT VENT OR
814		-	POWER VENT CONFIGURATION
815		-	, UNLESS THE DECORATIVE GAS FIREPLACE IS
816		-	MARKED FOR REPLACEMENT USE ONLY OR OUTDOOR USE ONLY OR IS A GAS
817		-	LOG SET
818		-	; AND
819		-	(III) HEATING GAS FIREPLACES MUST HAVE A FIREPLACE EFFICIENCY
820		-	OF AT LEAST FIFTY PERCENT WHEN TESTED IN ACCORDANCE WITH
821		-	CANADIAN
822		-	STANDARDS ASSOCIATION P.4.1-15, "TESTING METHOD FOR MEASURING
823		-	FIREPLACE EFFICIENCY
824		-	", AS AMENDED OR REVISED.
825		-	(g) H
826		-	IGH CRI, COLD-TEMPERATURE, AND IMPACT-RESISTANT
827		-	FLUORESCENT LAMPS MUST MEET THE MINIMUM EFFICACY REQUIREMENTS
828		-	CONTAINED IN
829		-	10 CFR 430.32 (n)(4), AS MEASURED IN ACCORDANCE WITH
830		-	10 CFR 430, SUBPART B, APPENDIX R, "UNIFORM TEST METHOD FOR
831		-	MEASURING AVERAGE LAMP EFFICACY (LE), COLOR RENDERING INDEX
832		-	(CRI), AND CORRELATED COLOR TEMPERATURE (CCT) OF ELECTRIC
833		-	LAMPS".
834		-	PAGE 22-HOUSE BILL 23-1161 (h) IRRIGATION CONTROLLERS MUST COMPLY WITH THE FOLLOWING
835		-	REQUIREMENTS
836		-	:
837		-	(I) W
838		-	EATHER-BASED IRRIGATION CONTROLLERS INCLUDED WITHIN
839		-	THE SCOPE OF THE
840		-	WATERSENSE PROGRAM PRODUCT SPECIFICATION FOR
841		-	WEATHER
842		-	-BASED IRRIGATION CONTROLLERS MUST MEET THE WATER
843		-	EFFICIENCY AND PERFORMANCE CRITERIA AND OTHER REQUIREMENTS FOR
844		-	THAT SPECIFICATION
845		-	; AND
846		-	(II) SOIL MOISTURE-BASED IRRIGATION CONTROLLERS INCLUDED
847		-	WITHIN THE SCOPE OF THE
848		-	WATERSENSE PROGRAM PRODUCT SPECIFICATION
849		-	FOR SOIL MOISTURE
850		-	-BASED IRRIGATION CONTROLLERS MUST MEET THE
851		-	WATER EFFICIENCY AND PERFORMANCE CRITERIA AND OTHER
852		-	REQUIREMENTS FOR THAT SPECIFICATION
853		-	.
854		-	(i) P
855		-	RIVATE LAVATORY FAUCETS , TUB SPOUT DIVERTERS ,
856		-	SHOWERHEAD TUB SPOUT DIVERTER COMBINATIONS , AND URINALS MUST
857		-	MEET THE REQUIREMENTS IN
858		-	20 CCR SEC. 1605.3, AS MEASURED IN
859		-	ACCORDANCE WITH THE TEST METHODS PRESCRIBED IN
860		-	20 CCR SEC. 1604,
861		-	AS AMENDED.
862		-	(j) R
863		-	ESIDENTIAL WINDOWS, RESIDENTIAL DOORS, AND RESIDENTIAL
864		-	SKYLIGHTS INCLUDED IN THE SCOPE OF THE
865		-	ENERGY STAR PROGRAM
866		-	PRODUCT SPECIFICATION FOR RESIDENTIAL WINDOWS
867		-	, DOORS, AND
868		-	SKYLIGHTS MUST SATISFY THE NORTHERN CLIMATE ZONE QUALIFICATION
869		-	CRITERIA OF THAT SPECIFICATION
870		-	; EXCEPT THAT RESIDENTIAL WINDOWS AND
871		-	DOORS THAT ARE CUSTOM DESIGNED FOR A HISTORICALLY DESIGNATED
872		-	BUILDING AND REQUIRED IN ORDER TO MAINTAIN THE HISTORIC NATURE OR
873		-	CHARACTER OF SUCH A BUILDING ARE NOT REQUIRED TO SATISFY SUCH
874		-	CRITERIA
875		-	.
876		-	(k) S
877		-	PRAY SPRINKLER BODIES THAT ARE NOT SPECIFICALLY
878		-	EXCLUDED FROM THE SCOPE OF THE
879		-	WATERSENSE PROGRAM PRODUCT
880		-	SPECIFICATION FOR SPRAY SPRINKLER BODIES MUST INCLUDE AN INTEGRAL
881		-	PRESSURE REGULATOR AND A CHECK VALVE AND MUST MEET THE WATER
882		-	EFFICIENCY AND PERFORMANCE CRITERIA AND OTHER REQUIREMENTS OF
883		-	THAT SPECIFICATION
884		-	.
885		-	(l) T
886		-	HERMOSTATS MUST BE PROGRAMMABLE THERMOSTATS OR
887		-	SMART THERMOSTATS
888		-	.
889		-	PAGE 23-HOUSE BILL 23-1161 SECTION 5. In Colorado Revised Statutes, amend 6-7.5-106 as
890		-	follows:
891		-	6-7.5-106. New and revised standards - rules. (1) The executive
892		-	director may adopt by rule a more recent version of any standard or test
893		-	method established in section 6-7.5-105, including any product definition
894		-	associated with the standard or test method, in order to maintain or improve
895		-	consistency with other comparable standards in other states, so long as the
896		-	resulting efficiency is equal to or greater than the efficiency achieved using
897		-	the prior standard or test method. The executive director shall allow at least
898		-	a one-year delay between the adoption by rule and the enforcement of any
899		-	new standard or test method.
	1410	+	FFIXING A PERMANENT MARK , LABEL, OR TAG TO THE27
	1411	+	1161
	1412	+	-42- PRODUCT AND PACKAGING AT THE TIME OF SALE OR INSTALLATION THAT1
	1413	+	CONFIRMS COMPLIANCE WITH SUCH EMISSION STANDARDS OR COMPLIANCE2
	1414	+	WITH EQUIVALENT EMISSION STANDARDS ; OR3
	1415	+	(b) S
	1416	+	UBMITTING A CERTIFICATION TO THE EXECUTIVE DIRECTOR4
	1417	+	THAT DEMONSTRATES COMPLIANCE WITH EMISSION STANDARDS REQUIRED5
	1418	+	BY A STATE OR FEDERAL AGENCY , WHICH EMISSION STANDARDS ARE AS6
	1419	+	DEMANDING OR MORE DEMANDING THAN THE EMISSION STANDARDS
	1420	+	7
	1421	+	DESCRIBED IN THIS PART 15.8
	1422	+	25-7-1506. Rules - analysis. (1) NOTWITHSTANDING ANY9
	1423	+	PROVISION OF THIS PART 15, THE EXECUTIVE DIRECTOR MAY PROMULGATE10
	1424	+	RULES UPDATING ANY EMISSION STANDARD, DEFINITION, OR TEST METHOD11
	1425	+	ESTABLISHED IN THIS PART 15 IN ORDER TO MAINTAIN OR IMPROVE12
	1426	+	CONSISTENCY WITH OTHER COMPARABLE STANDARDS IN OTHER STATES SO13
	1427	+	LONG AS THE UPDATED VERSION RESULTS IN AIR QUALITY THAT IS EQUAL14
	1428	+	TO OR BETTER THAN AIR QUALITY ACHIEVED USING THE PRIOR STANDARD.15
	1429	+	(2) THE EXECUTIVE DIRECTOR MAY PROMULGATE RULES AS16
	1430	+	NECESSARY TO ENSURE THE PROPER IMPLEMENTATION AND ENFORCEMENT17
	1431	+	OF THIS PART 15.18
	1432	+	(3) ON OR BEFORE JANUARY 1, 2030, THE EXECUTIVE DIRECTOR19
	1433	+	SHALL CONDUCT AN ANALYSIS TO DETERMINE WHETHER STATEWIDE20
	1434	+	GREENHOUSE GAS EMISSIONS FROM WATER HEATERS AND FAN -TYPE21
	1435	+	CENTRAL FURNACES ARE DECLINING IN COMPARISON TO EMISSION LEVELS22
	1436	+	IN 2023 IN A MANNER THAT COMPORTS WITH THE STATEWIDE GREE NHOUSE23
	1437	+	GAS REDUCTION GOALS SET FORTH IN SECTION 25-7-102 (2)(g). UNLESS24
	1438	+	THE ANALYSIS DETERMINES THAT THE EMISSIONS TRAJECTORY IS25
	1439	+	CONSISTENT WITH ACHIEVING THE STATEWIDE GREENHOUSE GAS26
	1440	+	REDUCTION GOALS, THE EXECUTIVE DIRECTOR SHALL PROPOSE TO THE27
	1441	+	1161
	1442	+	-43- COMMISSION RULES TO BRING THE EMISSION LEVELS IN LINE WITH THE1
	1443	+	REDUCTION GOALS. THE EXECUTIVE DIRECTOR SHALL ENSURE THAT SUCH2
	1444	+	RULES:3
	1445	+	(a) TAKE INTO ACCOUNT ANY EMISSION STANDARDS THAT ARE IN4
	1446	+	EFFECT OR UNDER DEVELOPMENT IN OTHER JURISDICTIONS OR AT THE5
	1447	+	FEDERAL LEVEL FOR NEW WATER HEATERS AND FAN-TYPE CENTRAL6
	1448	+	FURNACES;7
	1449	+	(b) TAKE INTO ACCOUNT INPUT FROM MAJOR MANUFACTURERS OF8
	1450	+	WATER HEATERS, FAN-TYPE CENTRAL FURNACES, AND OTHER RELEVANT9
	1451	+	EQUIPMENT;10
	1452	+	(c) CONSIDER WHETHER EMISSIONS STANDARDS FOR ADDITIONAL11
	1453	+	TYPES OF RESIDENTIAL AND COMMERCIAL HEATING AND WATER HEATING12
	1454	+	EQUIPMENT ARE APPROPRIATE AND NECESSARY TO MEET THE GREE NHOUSE13
	1455	+	GAS EMISSION REDUCTION TARGETS DESCRIBED IN SECTION 25-7-10214
	1456	+	(2)(g);15
	1457	+	(d) ARE ACHIEVABLE WITH AVAILABLE TECHNOLOGY ; AND16
	1458	+	(e) DO NOT PLACE AN UNDUE COST BURDEN ON CONSUMERS .17
	1459	+	25-7-1507. Enforcement - verifications of compliance - civil18
	1460	+	action by attorney general - penalties. (1) THE EXECUTIVE DIRECTOR19
	1461	+	SHALL:20
	1462	+	(a) VERIFY MAJOR RETAILERS' AND DISTRIBUTORS' COMPLIANCE21
	1463	+	WITH THE PROVISIONS OF THIS PART 15 THROUGH ONLINE SPOT-CHECKS,22
	1464	+	COORDINATION WITH OTHER STATES THAT HAVE SIMILAR STANDARDS, OR23
	1465	+	BOTH;24
	1466	+	(b) CONDUCT SUCH VERIFICATIONS AT LEAST ONCE BEFORE25
	1467	+	JANUARY 1, 2027, AND AGAIN AT LEAST ONCE BEFORE JANUARY 1, 2032;26
	1468	+	(c) DELIVER A REPORT ON THE METHOD AND FINDINGS OF THE27
	1469	+	1161
	1470	+	-44- VERIFICATIONS TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE1
	1471	+	HOUSE OF REPRESENTATIVES AND TO THE TRANSPORTATION AND ENERGY2
	1472	+	COMMITTEE OF THE SENATE, OR TO ANY SUCCESSOR COMMITTEES , AND3
	1473	+	POST THE REPORT TO THE DEPARTMENT OF PUBLIC HEALTH AND4
	1474	+	ENVIRONMENT'S WEBSITE WITHIN ONE MONTH AFTER ITS COMPLETION;5
	1475	+	AND6
	1476	+	(d) DELIVER ANY FINDINGS OF VIOLATIONS TO THE ATTORNEY7
	1477	+	GENERAL.8
900	1478		(2) O
901		-	N OR BEFORE JANUARY 1, 2026, AND ON OR BEFORE JANUARY
902		-	1 EVERY FIVE YEARS THEREAFTER , THE EXECUTIVE DIRECTOR SHALL
903		-	PROMULGATE RULES ESTABLISHING STANDARDS FOR PRODUCTS THAT ARE
904		-	NOT DESCRIBED IN SECTION
905		-	6-7.5-104 OR 6-7.5-105 IF SUCH STANDARDS:
906		-	(a) W
907		-	OULD IMPROVE ENERGY OR WATER CONSERVATION IN THE
908		-	STATE
909		-	; AND
910		-	(b) EXIST IN AT LEAST THREE OTHER STATES OR ARE PUBLISHED IN
911		-	FINALIZED FORM BY THE
912		-	ENERGY STAR PROGRAM OR THE WATERSENSE
913		-	PROGRAM
914		-	.
915		-	(3) A
916		-	FTER JANUARY 1, 2026, THE EXECUTIVE DIRECTOR SHALL
917		-	ALLOW A ONE
918		-	-YEAR GRACE PERIOD AFTER ANY STANDARD , STANDARD
919		-	VERSION
920		-	, DEFINITION, OR TEST METHOD REFERENCED IN THIS ARTICLE 7.5 IS
921		-	UPDATED
922		-	, DURING WHICH TIME A PRODUCT MAY MEET EITHER THE PREVIOUS
923		-	STANDARD OR THE UPDATED STANDARD
924		-	, STANDARD VERSION, DEFINITION,
925		-	OR TEST METHOD, AS APPLICABLE.
926		-	SECTION 6. In Colorado Revised Statutes, 6-7.5-109, amend (1)
927		-	introductory portion; and add (3), (4), and (5) as follows:
928		-	6-7.5-109. Testing, certification, labeling, and enforcement -
929		-	rules - verifications of compliance - publication of material
930		-	incorporated by reference. (1) Unless a product appears in
931		-	THE STATE
932		-	APPLIANCE STANDARDS DATABASE MAINTAINED BY THE
933		-	NORTHEAST
934		-	ENERGY EFFICIENCY PARTNERSHIPS, OR A SUCCESSOR ORGANIZATION , OR
935		-	PAGE 24-HOUSE BILL 23-1161 IN a public database of compliant products maintained by other states or
936		-	federal agencies with equivalent or more stringent efficiency standards, the
937		-	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:
938		-	(3) O
939		-	N OR BEFORE JANUARY 1, 2026, THE EXECUTIVE DIRECTOR
940		-	SHALL COLLECT AND MAKE PUBLIC LY AVAILABLE IN WRITTEN AND
941		-	ELECTRONIC FORM THE FEDERAL RULES AND OTHER RULES AND STANDARDS
942		-	REFERRED TO IN THIS PART
943		-	7.5. THE EXECUTIVE DIRECTOR SHALL UPDATE
944		-	THE PUBLICLY AVAILABLE RULES AND ST ANDARDS AS THEY MAY BE
945		-	UPDATED OR ADDED IN ACCORDANCE WITH SECTION
946		-	6-7.5-106.
947		-	(4) T
948		-	HE EXECUTIVE DIRECTOR SHALL:
949		-	(a) V
950		-	ERIFY MAJOR RETAILERS' AND DISTRIBUTORS' COMPLIANCE WITH
951		-	THE PROVISIONS OF THIS ARTICLE
952		-	7.5 THROUGH ONLINE SPOT -CHECKS,
953		-	COORDINATION WITH OTHER STATES THAT HAVE SIMILAR STANDARDS , OR
954		-	BOTH
955		-	;
956		-	(b) C
957		-	ONDUCT SUCH VERIFICATIONS AT LEAST ONCE BEFORE JANUARY
958		-	1, 2027, AND AGAIN AT LEAST ONCE BEFORE JANUARY 1, 2032;
959		-	(c) D
960		-	ELIVER A REPORT ON THE METHOD AND FINDINGS OF THE
961		-	VERIFICATIONS TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE
962		-	HOUSE OF REPRESENTATIVES AND TO THE TRANSPORTATION AND ENERGY
963		-	COMMITTEE OF THE SENATE
964		-	, OR TO ANY SUCCESSOR COMMITTEES, AND POST
965		-	THE REPORT TO THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
966		-	'S
967		-	WEBSITE WITHIN ONE MONTH AFTER ITS COMPLETION
968		-	; AND
969		-	(d) DELIVER ANY FINDINGS OF VIOLATIONS TO THE ATTORNEY
970		-	GENERAL
971		-	.
972		-	(5) O
973		-	N OR BEFORE JANUARY 1, 2026, THE EXECUTIVE DIRECTOR
974		-	SHALL ESTABLISH A PROCESS WHEREBY INDIVIDUALS MAY ANONYMOUSLY
975		-	REPORT POTENTIAL VIOLATIONS OF THIS ARTICLE
976		-	7.5 ON THE DEPARTMENT
977		-	OF PUBLIC HEALTH AND ENVIRONMENT
978		-	'S PUBLIC WEBSITE. THE EXECUTIVE
979		-	DIRECTOR SHALL INVESTIGATE ANY REPORTED POTENTIAL VIOLATION AND
980		-	SHALL REPORT ANY CONFIRMED VIOLATIONS TO THE ATTORNEY GENERAL
981		-	.
982		-	PAGE 25-HOUSE BILL 23-1161 SECTION 7. In Colorado Revised Statutes, 6-7.5-110, amend
983		-	(2)(a) as follows:
984		-	6-7.5-110. Penalties - civil action by attorney general.
985		-	(2) Whenever the attorney general has probable cause to believe that any
986		-	person or group of persons has violated or caused another to violate
987		-	subsection (1) of this section, the attorney general may bring a civil action
988		-	on behalf of the state to seek the imposition of civil penalties as follows:
989		-	(a) Any person who violates or causes another to violate subsection
990		-	(1) of this section shall forfeit and pay to the general fund of this state
991		-	a
992		-	civil penalty of not more than two thousand dollars for each such violation,
993		-	WHICH AMOUNT SHALL BE TRANSFERRED TO THE STATE TREASURER TO BE
994		-	CREDITED TO THE ENERGY FUND CREATED IN SECTION
995		-	24-38.5-102.4. For
996		-	purposes of this subsection (2)(a), a violation constitutes a separate
997		-	violation with respect to each consumer or transaction OR ONLINE FOR-SALE
998		-	PRODUCT LISTING
999		-	involved; except that the maximum civil penalty shallMAY not exceed five hundred thousand dollars for any related series of
1000		-	violations.
1001		-	SECTION 8. In Colorado Revised Statutes, add part 14 to article
1002		-	5 of title 25 as follows:
1003		-	PART 14
1004		-	CLEAN LIGHTING
1005		-	25-5-1401. Short title. T
1006		-	HE SHORT TITLE OF THIS PART 14 IS THE
1007		-	"CLEAN LIGHTING ACT".
1008		-	25-5-1402. Legislative declaration. (1) T
1009		-	HE GENERAL ASSEMBLY
1010		-	FINDS AND DETERMINES THAT
1011		-	:
1012		-	(a) M
1013		-	ERCURY IS A POTENT AND PERSISTENT NEUROTOXIN THAT
1014		-	CAUSES HARM TO HUMAN NERVOUS SYSTEMS
1015		-	, IMMUNE SYSTEMS, AND
1016		-	ORGAN FUNCTION AND IMPAIRS FETAL AND CHILD DEVELOPMENT
1017		-	;
1018		-	(b) A
1019		-	CCELERATING THE PHASE -OUT OF GENERAL -PURPOSE
1020		-	FLUORESCENT LIGHT BULBS CONTAINING TOXIC MERCURY WILL PROTECT
1021		-	WORKER HEALTH AND PUBLIC HEALTH
1022		-	, INCLUDING DURING THE
1023		-	MANUFACTURE
1024		-	, DISTRIBUTION, USE, COLLECTION, DISPOSAL, AND RECYCLING
1025		-	PAGE 26-HOUSE BILL 23-1161 OF THE LIGHT BULBS;
1026		-	(c) F
1027		-	LUORESCENT BULBS HAVE LONG PROVIDED A VALUABLE
1028		-	SERVICE
1029		-	, BUT CLEANER, SAFER ALTERNATIVES HAVE BECOME WIDELY
1030		-	AVAILABLE AND AFFORDABLE
1031		-	;
1032		-	(d) M
1033		-	ERCURY-FREE LED REPLACEMENTS FOR GENERAL -PURPOSE
1034		-	FLUORESCENT BULBS PROVIDE THE SAME OR BETTER LIGHTING SERVICE
1035		-	,
1036		-	LONGER PRODUCT LIFE, AND MUCH LOWER TOTAL COST ; AND
1037		-	(e) ACCORDING TO A STUDY FROM THE APPLIANCE STANDARDS
1038		-	AWARENESS PROJECT, ACCELERATING THE PHASE -OUT OF MOST
1039		-	GENERAL
1040		-	-PURPOSE FLUORESCENT LIGHTING FOR SALE IN COLORADO WILL
1041		-	PREVENT ONE HUNDRED SIXTY
1042		-	-SEVEN POUNDS OF MERCURY AND TWO
1043		-	MILLION ONE HUNDRED THOUSAND METRIC TONS OF CARBON DIOXIDE
1044		-	EMISSIONS FROM ENTERING THE ENVIRONMENT AND LEAD TO FIVE HUNDRED
1045		-	SEVENTY
1046		-	-TWO MILLION DOLLARS IN NET UTILITY BILL SAVINGS FOR
1047		-	COLORADO BUSINESSES AND RESIDENTS .
1048		-	(2) T
1049		-	HE GENERAL ASSEMBLY THEREFORE DECLARES THAT IT IS IN THE
1050		-	PUBLIC INTEREST TO PHASE OUT THE SALE OF GENERAL
1051		-	-PURPOSE
1052		-	FLUORESCENT LIGHT BULBS THAT CONTAIN MERCURY
1053		-	.
1054		-	25-5-1403. Definitions. A
1055		-	S USED IN THIS PART 14, UNLESS THE
1056		-	CONTEXT OTHERWISE REQUIRES
1057		-	:
1058		-	(1) "CIECAM02-UCS"
1059		-	MEANS A COLOR APPEARANCE MODEL
1060		-	DESIGNED BY THE INTERNATIONAL COMMISSION ON ILLUMINATION TO
1061		-	ACCURATELY MODEL HUMAN COLOR PERCEPTION THAT USES UNIFORM
1062		-	COLOR SPACE
1063		-	.
1064		-	(2) (a) "C
1065		-	OMPACT FLUORESCENT LAMP " MEANS A COMPACT ,
1066		-	LOW-PRESSURE, MERCURY-CONTAINING, ELECTRIC-DISCHARGE LIGHT
1067		-	SOURCE
1068		-	:
1069		-	(I) I
1070		-	N WHICH A FLUORESCENT COATING TRANSFORMS SOME OF THE
1071		-	ULTRAVIOLET ENERGY GENERATED BY THE MERCURY DISCHARGE INTO
1072		-	VISIBLE LIGHT
1073		-	; AND
1074		-	(II) THAT:
1075		-	PAGE 27-HOUSE BILL 23-1161 (A) INCLUDES ONE BASE OR END CAP OF ANY TYPE , INCLUDING
1076		-	SCREW
1077		-	, BAYONET, TWO-PIN, OR FOUR-PIN;
1078		-	(B) I
1079		-	S INTEGRALLY BALLASTED OR NONINTEGRALLY BALLASTED ;
1080		-	(C) E
1081		-	MITS LIGHT BETWEEN A CORRELATED COLOR TEMPERATURE OF
1082		-	1700 KELVIN AND 24000 KELVIN AND A DUV OF +0.024 AND -0.024 IN THE
1083		-	CIECAM02-UCS; AND
1084		-	(D) INCLUDES ONE OR MORE TUBES , WHICH MAY BE OF ANY
1085		-	DIAMETER OR LENGTH
1086		-	.
1087		-	(b) "C
1088		-	OMPACT FLUORESCENT LAMP " INCLUDES LAMPS OF ALL SIZES
1089		-	AND SHAPES FOR DIRECTIONAL AND NONDIRECTIONAL INSTALLATIONS
1090		-	,
1091		-	INCLUDING PLUG-IN, SPIRAL, TWIN TUBE, TRIPLE TWIN, 2D, U-BEND, AND
1092		-	CIRCULAR LAMPS
1093		-	, THAT SATISFY THE DESCRIPTION IN SUBSECTION (2)(a) OF
1094		-	THIS SECTION
1095		-	.
1096		-	(3) "D
1097		-	UV" MEANS DELTA (U, 2/3V'), WHICH IS A METRIC THAT
1098		-	DESCRIBES THE DISTANCE OF A LIGHT COLOR POINT FROM THE PLANCKIAN
1099		-	LOCUS
1100		-	.
1101		-	(4) "E
1102		-	XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF
1103		-	THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR THE EXECUTIVE
1104		-	DIRECTOR
1105		-	'S DESIGNEE.
1106		-	(5) (a) "L
1107		-	INEAR FLUORESCENT LAMP " MEANS A LOW-PRESSURE,
1108		-	MERCURY-CONTAINING, ELECTRIC-DISCHARGE LIGHT SOURCE:
1109		-	(I) I
1110		-	N WHICH A FLUORESCENT COATING TRANSFORMS SOME OF THE
1111		-	ULTRAVIOLET ENERGY GENERATED BY THE MERCURY DISCHARGE INTO
1112		-	VISIBLE LIGHT
1113		-	; AND
1114		-	(II) THAT:
1115		-	(A) I
1116		-	NCLUDES TWO BASES OR END CAPS OF ANY TYPE , INCLUDING
1117		-	SINGLE
1118		-	-PIN, TWO-PIN, OR RECESSED DOUBLE CONTACT ;
1119		-	(B) E
1120		-	MITS LIGHT BETWEEN A CORRELATED COLOR TEMPERATURE OF
1121		-	1700 KELVIN AND 24000 KELVIN AND A DUV OF +0.024 AND -0.024 IN THE
1122		-	PAGE 28-HOUSE BILL 23-1161 CIECAM02-UCS;
1123		-	(C) I
1124		-	NCLUDES ALL TUBE DIAMETERS , INCLUDING T5, T8, T10, AND
1125		-	T12 TUBES; AND
1126		-	(D) INCLUDES ALL TUBE LENGTHS FROM SIX INCHES TO EIGHT FEET .
1127		-	(b) "L
1128		-	INEAR FLUORESCENT LAMP" INCLUDES LAMPS OF ALL SHAPES,
1129		-	INCLUDING LINEAR, U-BEND, AND CIRCULAR.
1130		-	(6) "S
1131		-	UNLAMP PRODUCT" HAS THE MEANING SET FORTH IN 21 CFR
1132		-	1040.20 (b)(9).
1133		-	25-5-1404. Scope and applicability. (1) E
1134		-	XCEPT AS DESCRIBED IN
1135		-	SUBSECTION
1136		-	(2) OF THIS SECTION, THIS PART 14 APPLIES TO COMPACT
1137		-	FLUORESCENT LAMPS AND LINEAR FLUORESCENT LAMPS SOLD AS NEW IN
1138		-	COLORADO.
1139		-	(2) T
1140		-	HIS PART 14 DOES NOT APPLY TO:
1141		-	(a) A
1142		-	LAMP THAT IS DESIGNED AND MARKETED EXCLUSIVELY FOR
1143		-	IMAGE CAPTURE AND PROJECTION
1144		-	, INCLUDING PHOTOCOPYING; PRINTING,
1145		-	EITHER DIRECTLY OR IN PREPROCESSING ; LITHOGRAPHY; FILM AND VIDEO
1146		-	PROJECTION
1147		-	; AND HOLOGRAPHY;
1148		-	(b) A
1149		-	LAMP THAT EMITS ULTRAVIOLET LIGHT AND THAT :
1150		-	(I) E
1151		-	MITS ULTRAVIOLET LIGHT GREATER THAN TWO MILLIWATTS PER
1152		-	KILOLUMEN
1153		-	(MW/KLM);
1154		-	(II) I
1155		-	S DESIGNED AND MARKETED EXCLUSIVELY FOR A GERMICIDAL
1156		-	PURPOSE
1157		-	, SUCH AS FOR THE DESTRUCTION OF DNA, WHICH LAMP EMITS A
1158		-	PEAK RADIATION OF APPROXIMATELY TWO HUNDRED FIFTY
1159		-	-THREE AND
1160		-	SEVEN
1161		-	-TENTHS NANOMETERS;
1162		-	(III) I
1163		-	S DESIGNED AND MARKETED EXCLUSIVELY FOR DISINFECTION
1164		-	OR FLY TRAPPING AND
1165		-	:
1166		-	(A) F
1167		-	ROM WHICH THE TOTAL RADIATION POWER EMITTED BETWEEN
1168		-	TWO HUNDRED AND THREE HUNDRED FIFTEEN NANOMETERS REPRESENTS AT
1169		-	PAGE 29-HOUSE BILL 23-1161 LEAST FIVE PERCENT OF THE TOTAL RADIATION POWER EMITTED BETWEEN
1170		-	TWO HUNDRED FIFTY AND EIGHT HUNDRED NANOMETERS
1171		-	; OR
1172		-	(B) FROM WHICH THE TOTAL RADIATION POWER EMITTED BETWEEN
1173		-	THREE HUNDRED FIFTEEN AND FOUR H UNDRED NANOMETERS REPRESENTS AT
1174		-	LEAST TWENTY PERCENT OF THE TOTAL RADIATION POWER EMITTED
1175		-	BETWEEN TWO HUNDRED FIFTY AND EIGHT HUNDRED NANOMETERS
1176		-	;
1177		-	(IV) I
1178		-	S DESIGNED AND MARKETED EXCLUSIVELY FOR THE
1179		-	GENERATION OF OZONE WHERE THE PRIMARY PURPOSE IS TO EMIT RADIATION
1180		-	AT APPROXIMATELY ONE HUNDRED EIGHTY
1181		-	-FIVE AND ONE-TENTH
1182		-	NANOMETERS
1183		-	;
1184		-	(V) I
1185		-	S DESIGNED AND MARKETED EXCLUSIVELY FOR CORAL
1186		-	ZOOXANTHELLAE SYMBIOSIS AND FROM WHICH THE RADIATION POWER
1187		-	EMITTED BETWEEN FOUR HUNDRED AND FOUR HUNDRED EIGHTY
1188		-	NANOMETERS REPRESENTS AT LEAST FORTY PERCENT OF THE TOTAL
1189		-	RADIATION POWER EMITTED BETWEEN TWO HUNDRED FIFTY AND EIGHT
1190		-	HUNDRED NANOMETERS
1191		-	;
1192		-	(VI) I
1193		-	S DESIGNED AND MARKETED EXCLUSIVELY FOR USE IN A
1194		-	SUNLAMP PRODUCT
1195		-	;
1196		-	(VII) I
1197		-	S DESIGNED AND MARKETED EXCLUSIVELY FOR USE IN A
1198		-	MEDICAL DEVICE FOR MEDICAL OR VETERINARY DIAGNOSIS OR TREATMENT
1199		-	;
1200		-	(VIII) I
1201		-	S DESIGNED AND MARKETED EXCLUSIVELY FOR USE IN
1202		-	PHARMACEUTICAL PRODUCT MANUFACTURING OR QUALITY CONTROL
1203		-	;
1204		-	(IX) I
1205		-	S DESIGNED AND MARKETED EXCLUSIVELY FOR SPECTROSCOPY
1206		-	AND PHOTOMETRIC APPLICATIONS
1207		-	, SUCH AS UV-VISIBLE SPECTROSCOPY,
1208		-	MOLECULAR SPECTROSCOPY , ATOMIC ABSORPTION SPECTROSCOPY ,
1209		-	NONDISPERSIVE INFRARED, FOURIER TRANSFORM INFRARED , MEDICAL
1210		-	ANALYSIS
1211		-	, ELLIPSOMETRY, LAYER THICKNESS MEASUREMENT , PROCESS
1212		-	MONITORING
1213		-	, OR ENVIRONMENTAL MONITORING ; OR
1214		-	(X) IS USED BY ACADEMIC AND RESEARCH INSTITUTIONS
1215		-	EXCLUSIVELY FOR CONDUCTING RESEARCH PROJECTS AND EXPERIMENTS
1216		-	; OR
1217		-	(c) A PRODUCT THAT IS HELD IN INVENTORY IN COLORADO ON THE
1218		-	PAGE 30-HOUSE BILL 23-1161 EFFECTIVE DATE OF THE APPLICABLE STANDARD DESCRIBED IN SECTION
1219		-	25-5-1405.
1220		-	25-5-1405. Prohibited lamps. (1) O
1221		-	N AND AFTER JANUARY 1, 2025,
1222		-	A PERSON SHALL NOT MANUFACTURE , DISTRIBUTE, SELL, OR OFFER FOR SALE
1223		-	IN
1224		-	COLORADO ANY:
1225		-	(a) L
1226		-	INEAR FLUORESCENT LAMP; OR
1227		-	(b) COMPACT FLUORESCENT LAMP .
1228		-	25-5-1406. Enforcement - verifications of compliance - civil
1229		-	action by attorney general - penalties. (1) T
1230		-	HE EXECUTIVE DIRECTOR
1231		-	SHALL
1232		-	:
1233		-	(a) V
1234		-	ERIFY MAJOR RETAILERS' AND DISTRIBUTORS' COMPLIANCE WITH
1235		-	THE PROVISIONS OF THIS PART
1236		-	14 THROUGH ONLINE SPOT -CHECKS,
1237		-	COORDINATION WITH OTHER STATES THAT HAVE SIMILAR STANDARDS , OR
1238		-	BOTH
1239		-	;
1240		-	(b) C
1241		-	ONDUCT SUCH VERIFICATIONS AT LEAST ONCE BEFORE JANUARY
1242		-	1, 2026, AND AGAIN AT LEAST ONCE BEFORE JANUARY 1, 2031;
1243		-	(c) D
1244		-	ELIVER A REPORT ON THE METHOD AND FINDINGS OF THE
1245		-	VERIFICATIONS TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE
1246		-	HOUSE OF REPRESENTATIVES AND TO THE TRANSPORTATION AND ENERGY
1247		-	COMMITTEE OF THE SENATE
1248		-	, OR TO ANY SUCCESSOR COMMITTEES, AND POST
1249		-	THE REPORT TO THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1250		-	'S
1251		-	WEBSITE WITHIN ONE MONTH AFTER ITS COMPLETION
1252		-	; AND
1253		-	(d) DELIVER ANY FINDINGS OF VIOLATIONS TO THE ATTORNEY
1254		-	GENERAL
1255		-	.
1256		-	(2) O
1257		-	N OR BEFORE JANUARY 1, 2025, THE EXECUTIVE DIRECTOR
1258		-	SHALL ESTABLISH A PROCESS WHEREBY INDIVIDUALS MAY ANONYMOUSLY
1259		-	REPORT POTENTIAL VIOLATIONS OF THIS PART
1260		-	14 ON THE DEPARTMENT OF
1261		-	PUBLIC HEALTH AND ENVIRONMENT
1262		-	'S PUBLIC WEBSITE. THE EXECUTIVE
1263		-	DIRECTOR SHALL INVESTIGATE ANY REPORTED POTENTIAL VIOLATION AND
1264		-	SHALL REPORT ANY CONFIRMED VIOLATIONS TO THE ATTORNEY GENERAL
1265		-	.
1266		-	PAGE 31-HOUSE BILL 23-1161 (3) (a) IF THE ATTORNEY GENERAL HAS PROBABLE CAUSE TO BELIEVE
1267		-	THAT ANY PERSON OR GROUP OF PERSONS HAS VIOLATED OR CAUSED
1268		-	ANOTHER PERSON TO VIOLATE SECTION
1269		-	25-5-1405, THE ATTORNEY GENERAL
1270		-	MAY BRING A CIVIL ACTION ON BEHALF OF THE STATE TO SEEK THE
1271		-	IMPOSITION OF CIVIL PENALTIES AS SPECIFIED IN THIS SUBSECTION
1272		-	(3). ANY
1273		-	PERSON WHO VIOLATES OR CAUSES ANOTHER PERSON TO VIOLATE SECTION
1274		-	25-5-1405 SHALL PAY A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED
1275		-	DOLLARS FOR EACH VIOLATION
1276		-	, WHICH AMOUNT SHALL BE TRANSFERRED TO
1277		-	THE STATE TREASURER TO BE CREDITED TO THE ENERGY FUND CREATED IN
1278		-	SECTION
1279		-	24-38.5-102.4.
	1479	+	N OR BEFORE JANUARY 1,
	1480	+	2025, THE EXECUTIVE DIRECTOR9
	1481	+	SHALL ESTABLISH A PROCESS WHEREBY INDIVIDUALS MAY ANONYMOUSLY10
	1482	+	REPORT POTENTIAL VIOLATIONS OF THIS PART 15 ON THE DEPARTMENT OF11
	1483	+	PUBLIC HEALTH AND ENVIRONMENT 'S PUBLIC WEBSITE. THE EXECUTIVE12
	1484	+	DIRECTOR SHALL INVESTIGATE ANY SUCH REPORTED POTENTIAL13
	1485	+	VIOLATION AND SHALL REPORT ANY CONFIRMED VIOLATIONS TO THE14
	1486	+	ATTORNEY GENERAL.15
	1487	+	(3) (a) I
	1488	+	F THE ATTORNEY GENERAL HAS PROBABLE CAUSE TO16
	1489	+	BELIEVE THAT ANY PERSON OR GROUP OF PERSONS HAS VIOLATED OR17
	1490	+	CAUSED ANOTHER PERSON TO VIOLATE SECTION 25-7-1504 OR 25-7-1505,18
	1491	+	THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION ON BEHALF OF THE19
	1492	+	STATE TO SEEK THE IMPOSITION OF CIVIL PENALTIES AS SPECIFIED IN THIS20
	1493	+	SUBSECTION (3). ANY PERSON WHO KNOWINGLY VIOLATES OR CAUSES21
	1494	+	ANOTHER PERSON TO VIOLATE SECTION 25-7-1504 OR 25-7-1505 SHALL22
	1495	+	PAY A CIVIL PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS FOR23
	1496	+	EACH VIOLATION, WHICH AMOUNT SHALL BE TRANSFERRED TO THE STATE24
	1497	+	TREASURER TO BE CREDITED TO THE ENERGY FUND CREATED IN SECTION25
	1498	+	24-38.5-102.4.26
1280	1499		(b) F
1281		-	OR PURPOSES OF SUBSECTION (3)(a) OF THIS SECTION:
1282		-	(I) E
1283		-	ACH TRANSACTION OR ONLINE FOR -SALE PRODUCT LISTING
1284		-	INVOLVED CONSTITUTES A SEPARATE VIOLATION
1285		-	; EXCEPT THAT THE
1286		-	MAXIMUM CIVIL PENALTY MAY NOT EXCEED FIVE HUNDRED THOUSAND
1287		-	DOLLARS FOR ANY RELATED SERIES OF VIOLATIONS
1288		-	; AND
1289		-	(II) A COURT SHALL NOT IMPOSE A FINE AGAINST A NONMANAGERIAL
1290		-	EMPLOYEE OF A CONTRACTOR THAT INSTALLS
1291		-	, REPAIRS, OR REPLACES
1292		-	LINEAR OR COMPACT FLUORESCENT LAMPS AND COLLECTS FROM THE
1293		-	CUSTOMER AN AMOUNT REPRESENTING BOTH PARTS AND LABOR
1294		-	.
1295		-	SECTION 9. In Colorado Revised Statutes, add part 15 to article
1296		-	7 of title 25 as follows:
1297		-	PART 15
1298		-	ENVIRONMENTAL STANDARDS FOR HEATING
1299		-	AND WATER HEATING APPLIANCES
1300		-	25-7-1501. Legislative declaration. (1) T
1301		-	HE GENERAL ASSEMBLY
1302		-	DECLARES THAT IT IS IN THE INTEREST OF THE STATE TO REDUCE AND
1303		-	PREVENT AIR POLLUTION FROM CERTAIN NEW HEATING AND WATER HEATING
1304		-	APPLIANCES IN ORDER TO
1305		-	:
1306		-	(a) P
1307		-	ROTECT THE AIR THAT COLORADANS BREATHE BY REDUCING
1308		-	UNHEALTHY LEVELS OF SMOG AND OZONE
1309		-	, WHICH HAVE HIT RECORD HIGHS
1310		-	IN
1311		-	COLORADO IN RECENT YEARS AND HAVE DISPROPORTI ONATELY IMPACTED
1312		-	LOW
1313		-	-INCOME AREAS;
1314		-	PAGE 32-HOUSE BILL 23-1161 (b) MINIMIZE HEALTH RISKS ASSOCIATED WITH AIR POLLUTION ,
1315		-	INCLUDING RESPIRATORY AILMENTS SUCH AS ASTHMA AND
1316		-	CARDIOVASCULAR ILLNESSES
1317		-	, WHICH ARE LINKED TO EXPOSURE TO FINE
1318		-	PARTICULATE MATTER AND NITROGEN DIOXIDE
1319		-	;
1320		-	(c) A
1321		-	SSIST COLORADO COUNTIES IN ACHIEVING ATTAINMENT OF
1322		-	FEDERAL OZONE NATIONAL AMBIENT AIR QUALITY STANDARDS
1323		-	;
1324		-	(d) I
1325		-	MPROVE THE CLARITY OF SCENIC VIEWS FOR PURPOSES OF
1326		-	FACILITATING ENJOYMENT OF
1327		-	COLORADO'S BOUNTIFUL NATURAL RESOURCES
1328		-	AND MAINTAIN ITS REPUTATION FOR HIGH
1329		-	-QUALITY OUTDOOR RECREATION ;
1330		-	(e) M
1331		-	ITIGATE THE EFFECTS OF CLIMATE CHANGE ;
1332		-	(f) C
1333		-	ONTRIBUTE TO THE STATE'S ECONOMY BY BUILDING A TRAINED
1334		-	AND COMPETITIVE WORKFORCE TO INSTALL AND MAINTAIN NEWLY
1335		-	PURCHASED APPLIANCES
1336		-	; AND
1337		-	(g) ENSURE THAT THE BENEFITS OF CLEAN AND HEALTHY AIR ARE
1338		-	DISTRIBUTED TO ALL PARTS OF THE STATE
1339		-	.
1340		-	25-7-1502. Definitions. A
1341		-	S USED IN THIS PART 15, UNLESS THE
1342		-	CONTEXT OTHERWISE REQUIRES
1343		-	:
1344		-	(1) "BTU"
1345		-	MEANS BRITISH THERMAL UNIT, WHICH IS A SCIENTIFIC
1346		-	UNIT OF MEASUREMENT EQUAL TO THE QUANTITY OF HEAT REQUIRED TO
1347		-	RAISE THE TEMPERATURE OF ONE POUND OF WATER ONE DEGREE
1348		-	FAHRENHEIT AT APPROXIMATELY SIXTY DEGREES FAHRENHEIT.
1349		-	(2) "E
1350		-	NERGY STAR PROGRAM " HAS THE MEANING SET FORTH IN
1351		-	SECTION
1352		-	6-7.5-102 (24).
1353		-	(3) "E
1354		-	XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF
1355		-	THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR THE EXECUTIVE
1356		-	DIRECTOR
1357		-	'S DESIGNEE.
1358		-	(4) "F
1359		-	AN-TYPE CENTRAL FURNACE" MEANS A SELF-CONTAINED SPACE
1360		-	HEATER THAT PROVIDES FOR CIRCULATION OF HEATED AIR AT PRESSURES
1361		-	OTHER THAN ATMOSPHERIC THROUGH DUCTS MORE THAN TEN INCHES IN
1362		-	LENGTH
1363		-	.
1364		-	PAGE 33-HOUSE BILL 23-1161 (5) (a) "HEAT INPUT" MEANS THE HEAT RELEASED BY THE
1365		-	COMBUSTION OF FUELS AND IS BASED ON THE GROSS ENERGY CONTENT OF
1366		-	THE COMBUSTIBLE FUEL
1367		-	, ALSO KNOWN AS THE HIGHER HEATING VALUE OF
1368		-	FUEL
1369		-	.
1370		-	(b) "H
1371		-	EAT INPUT" DOES NOT INCLUDE THE ENTHALPY OF INCOMING
1372		-	COMBUSTION AIR
1373		-	.
1374		-	(6) "H
1375		-	EAT OUTPUT" MEANS THE ENTHALPY OF THE WORKING FLUID
1376		-	OUTPUT OF A WATER HEATER
1377		-	.
1378		-	(7) "M
1379		-	ANUFACTURED HOME " MEANS A PREFABRICATED STRUCTURE
1380		-	ON A PERMANENTLY ATTACHED CHASSIS
1381		-	, WHICH STRUCTURE SATISFIES THE
1382		-	FEDERAL MANUFACTURED HOME CONSTRUCTION SAFETY STANDARD
1383		-	, AS
1384		-	DEFINED IN SECTION
1385		-	24-32-3302 (13).
1386		-	(8) "NO
1387		-	X" MEANS THE SUM OF NITRIC OXIDE AND NITROGEN
1388		-	DIOXIDE
1389		-	.
1390		-	(9) "R
1391		-	ATED HEAT INPUT CAPACITY " MEANS THE HEAT INPUT
1392		-	CAPACITY SPECIFIED ON THE NAMEPLATE OF A WATER HEATER
1393		-	. IF A WATER
1394		-	HEATER HAS BEEN ALTERED OR MODIFIED SUCH THAT ITS MAXIMUM HEAT
1395		-	INPUT IS DIFFERENT FROM THE HEAT INPUT CAPACITY SPECIFIED ON THE
1396		-	NAMEPLATE
1397		-	, THE NEW MAXIMUM HEAT INPUT IS THE WATER HEATER 'S RATED
1398		-	HEAT INPUT CAPACITY
1399		-	.
1400		-	(10) "R
1401		-	ECREATIONAL VEHICLE" MEANS A MOTOR HOME , TRAVEL
1402		-	TRAILER
1403		-	, TRUCK CAMPER, OR CAMPING TRAILER, WITH OR WITHOUT MOTIVE
1404		-	POWER
1405		-	, THAT IS DESIGNED FOR HUMAN OCCUPANCY AND FOR
1406		-	RECREATIONAL
1407		-	, EMERGENCY, OR OTHER USE.
1408		-	(11) "W
1409		-	ATER HEATER" MEANS A DEVICE THAT HEATS WATER BY
1410		-	COMBUSTION OF FUEL OR THROUGH THE USE OF ELECTRICITY TO A
1411		-	THERMOSTATICALLY CONTROLLED TEMPERATURE NOT EXCEEDING TWO
1412		-	HUNDRED TEN DEGREES
1413		-	FAHRENHEIT OR NINETY-NINE DEGREES CELSIUS,
1414		-	FOR USE EXTERNAL TO THE DEVICE , AT A PRESSURE NOT EXCEEDING ONE
1415		-	HUNDRED SIXTY POUNDS PER SQUARE INCH GAUGE
1416		-	.
1417		-	25-7-1503. Scope and applicability. (1) E
1418		-	XCEPT AS DESCRIBED IN
1419		-	SUBSECTION
1420		-	(2) OF THIS SECTION AND AS MODIFIED BY RULES PROMULGATED
1421		-	PAGE 34-HOUSE BILL 23-1161 BY THE EXECUTIVE DIRECTOR OR THE COMMISSION PURSUANT TO SECTION
1422		-	25-7-1506, THIS PART 15 APPLIES TO THE FOLLOWING NEW PRODUCTS :
1423		-	(a) W
1424		-	ATER HEATERS WITH A RATED HEAT INPUT CAPACITY OF TWO
1425		-	MILLION
1426		-	BTUS PER HOUR OR LESS; AND
1427		-	(b) FAN-TYPE CENTRAL FURNACES THAT :
1428		-	(I) R
1429		-	EQUIRE EITHER SINGLE-PHASE OR THREE-PHASE ELECTRIC
1430		-	SUPPLY
1431		-	;
	1500	+	OR PURPOSES OF SUBSECTION (3)(a) OF THIS SECTION:27
	1501	+	1161
	1502	+	-45- (I) EACH TRANSACTION OR ONLINE FOR -SALE PRODUCT LISTING1
	1503	+	INVOLVED CONSTITUTES A SEPARATE VIOLATION ; EXCEPT THAT THE2
	1504	+	MAXIMUM CIVIL PENALTY PER PERSON SHALL NOT EXCEED FIVE HUNDRED3
	1505	+	THOUSAND DOLLARS FOR ANY RELATED SERIES OF VIOLATIONS ; AND4
1432	1506		(II) A
1433		-	RE USED FOR COMFORT HEATING ; AND
1434		-	(III) HAVE A RATED HEAT INPUT CAPACITY OF LESS THAN ONE
1435		-	HUNDRED SEVENTY
1436		-	-FIVE THOUSAND BTUS PER HOUR, AND, IN THE CASE OF
1437		-	COMBINATION HEATING AND COOLING UNITS
1438		-	, A COOLING RATE OF LESS THAN
1439		-	SIXTY
1440		-	-FIVE THOUSAND BTUS PER HOUR.
1441		-	(2) T
1442		-	HIS PART 15 DOES NOT APPLY TO:
1443		-	(a) P
1444		-	RODUCTS HELD IN INVENTORY IN COLORADO ON THE EFFECTIVE
1445		-	DATE OF THE APPLICABLE STANDARD
1446		-	;
1447		-	(b) P
1448		-	RODUCTS THAT WERE INSTALLED IN MANUFACTURED HOMES AT
1449		-	THE TIME OF CONSTRUCTION
1450		-	;
1451		-	(c) P
1452		-	RODUCTS DESIGNED EXPRESSLY FOR INSTALLATION AND USE IN
1453		-	RECREATIONAL VEHICLES
1454		-	; OR
1455		-	(d) PRODUCTS THAT DO NOT BURN FOSSIL FUELS .
1456		-	25-7-1504. Emission standards for new products. (1) O
1457		-	N AND
1458		-	AFTER
1459		-	JANUARY 1, 2026, EXCEPT AS DESCRIBED IN SECTION 25-7-1506, A
1460		-	PERSON SHALL NOT MANUFACTURE
1461		-	, DISTRIBUTE, SELL, OFFER FOR SALE,
1462		-	LEASE, OR OFFER FOR LEASE IN COLORADO ANY OF THE FOLLOWING NEW
1463		-	PRODUCTS UNLESS THE EMISSIONS OF THE PRODUCT DO NOT EXCEED THE
1464		-	FOLLOWING EMISSIONS LIMITS
1465		-	, AS APPLICABLE:
1466		-	(a) T
1467		-	EN NANOGRAMS OF NOX PER JOULE FOR WATER HEATERS WITH
1468		-	A RATED HEAT INPUT CAPACITY OF UP TO SEVENTY
1469		-	-FIVE THOUSAND BTUS
1470		-	PAGE 35-HOUSE BILL 23-1161 PER HOUR AND FOR ANY UNIT WITH POWER ASSIST ;
1471		-	(b) F
1472		-	OURTEEN NANOGRAMS OF NOX PER JOULE FOR WATER HEATERS
1473		-	WITH A RATED HEAT INPUT CAPACITY OF MORE THAN SEVENTY
1474		-	-FIVE
1475		-	THOUSAND AND LESS THAN TWO MILLION
1476		-	BTUS PER HOUR; OR
1477		-	(c) FOURTEEN NANOGRAMS OF NOX PER JOULE FOR FAN-TYPE
1478		-	CENTRAL FURNACES
1479		-	.
1480		-	(2) E
1481		-	QUIPMENT THAT IS CERTIFIED TO THE MOST RECENT VERSION OF
1482		-	THE
1483		-	ENERGY STAR PROGRAM FOR THE RELEVANT EQUIPMENT TYPE IS
1484		-	DEEMED TO COMPLY WITH THE REQUIREMENTS OF SUBSECTION
1485		-	(1) OF THIS
1486		-	SECTION
1487		-	.
1488		-	25-7-1505. Testing - required displays - demonstrations of
1489		-	compliance. (1) M
1490		-	ANUFACTURERS OF NATURAL -GAS-FUELED WATER
1491		-	HEATERS DESCRIBED BY SECTION
1492		-	25-7-1503 (1)(a) SHALL TEST EACH
1493		-	APPLICABLE MODEL FOR SALE IN
1494		-	COLORADO IN ACCORDANCE WITH THE
1495		-	SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT PROTOCOL
1496		-	"NITROGEN
1497		-	OXIDES EMISSIONS COMPLIANCE TESTING FOR NATURAL GAS-FIRED WATER
1498		-	HEATERS AND SMALL BOILERS", AS AMENDED.
1499		-	(2) M
1500		-	ANUFACTURERS OF FAN-TYPE CENTRAL FURNACES DESCRIBED
1501		-	BY SECTION
1502		-	25-7-1503 (1)(c) SHALL TEST EACH APPLICABLE MODEL FOR
1503		-	SALE IN
1504		-	COLORADO IN ACCORDANCE WITH THE SOUTH COAST AIR QUALITY
1505		-	MANAGEMENT DISTRICT METHOD
1506		-	100.1 "INSTRUMENTAL ANALYZER
1507		-	PROCEDURES FOR CONTINUOUS GASEOUS EMISSION SAMPLING", AS
1508		-	AMENDED
1509		-	.
1510		-	(3) U
1511		-	NLESS A PRODUCT APPEARS IN A PUBLIC DATABASE OF
1512		-	PRODUCTS MAINTAINED BY A STATE OR FEDERAL AGENCY OR BY AN
1513		-	ENVIRONMENTAL NONPROFIT ORGANIZATION
1514		-	, WHICH DATABASE REQUIRES
1515		-	COMPLIANCE WITH EMISSION STANDARDS THAT ARE AS DEMANDING OR
1516		-	MORE DEMANDING THAN THE EMISSION STANDARDS DESCRIBED IN THIS PART
1517		-	15, MANUFACTURERS OF PRODUCTS DESCRIBED IN SECTION 25-7-1503 (1)
1518		-	SHALL DEMONSTRATE COMPLIANCE WITH THIS PART 15 FOR EACH MODEL BY
1519		-	EITHER
1520		-	:
1521		-	(a) A
1522		-	FFIXING A PERMANENT MARK, LABEL, OR TAG TO THE PRODUCT
1523		-	AND PACKAGING AT THE TIME OF SALE OR INSTALLATION THAT CONFIRMS
1524		-	PAGE 36-HOUSE BILL 23-1161 COMPLIANCE WITH SUCH EMISSION STANDARDS OR COMPLIANCE WITH
1525		-	EQUIVALENT EMISSION STANDARDS
1526		-	; OR
1527		-	(b) SUBMITTING A CERTIFICATION TO THE EXECUTIVE DIRECTOR
1528		-	THAT DEMONSTRATES COMPLIANCE WITH EMISSION STANDARDS REQUIRED
1529		-	BY A STATE OR FEDERAL AGENCY
1530		-	, WHICH EMISSION STANDARDS ARE AS
1531		-	DEMANDING OR MORE DEMANDING THAN THE EMISSION STANDARDS
1532		-	DESCRIBED IN THIS PART
1533		-	15.
1534		-	25-7-1506. Rules - analysis. (1) N
1535		-	OTWITHSTANDING ANY
1536		-	PROVISION OF THIS PART
1537		-	15, THE EXECUTIVE DIRECTOR MAY PROMULGATE
1538		-	RULES UPDATING ANY EMISSION STANDARD
1539		-	, DEFINITION, OR TEST METHOD
1540		-	ESTABLISHED IN THIS PART
1541		-	15 IN ORDER TO MAINTAIN OR IMPROVE
1542		-	CONSISTENCY WITH OTHER COMPARABLE STANDARDS IN OTHER STATES SO
1543		-	LONG AS THE UPDATED VERSION RESULTS IN AIR QUALITY THAT IS EQUAL TO
1544		-	OR BETTER THAN AIR QUALITY ACHIEVED USING THE PRIOR STANDARD
1545		-	.
1546		-	(2) T
1547		-	HE EXECUTIVE DIRECTOR MAY PROMULGATE RULES AS
1548		-	NECESSARY TO ENSURE THE PROPER IMPLEMENTATION AND ENFORCEMENT
1549		-	OF THIS PART
1550		-	15.
1551		-	(3) O
1552		-	N OR BEFORE JANUARY 1, 2030, THE EXECUTIVE DIRECTOR
1553		-	SHALL CONDUCT AN ANALYSIS TO DETERMINE WHETHER STATEWIDE
1554		-	GREENHOUSE GAS EMISSIONS FROM WATER HEATERS AND FAN
1555		-	-TYPE
1556		-	CENTRAL FURNACES ARE DECLINING IN COMPARISON TO EMISSION LEVELS IN
1557		-	2023 IN A MANNER THAT COMPORTS WITH THE STATEWIDE GREE NHOUSE GAS
1558		-	REDUCTION GOALS SET FORTH IN SECTION
1559		-	25-7-102 (2)(g). UNLESS THE
1560		-	ANALYSIS DETERMINES THAT THE EMISSIONS TRAJECTORY IS CONSISTENT
1561		-	WITH ACHIEVING THE STATEWIDE GREENHOUSE GAS REDUCTION GOALS
1562		-	, THE
1563		-	EXECUTIVE DIRECTOR SHALL PROPOSE TO THE COMMISSION RULES TO BRING
1564		-	THE EMISSION LEVELS IN LINE WITH THE REDUCTION GOALS
1565		-	. THE EXECUTIVE
1566		-	DIRECTOR SHALL ENSURE THAT SUCH RULES
1567		-	:
1568		-	(a) T
1569		-	AKE INTO ACCOUNT ANY EMISSION ST ANDARDS THAT ARE IN
1570		-	EFFECT OR UNDER DEVELOPMENT IN OTHER JURISDICTIONS OR AT THE
1571		-	FEDERAL LEVEL FOR NEW WATER HEATERS AND FAN
1572		-	-TYPE CENTRAL
1573		-	FURNACES
1574		-	;
1575		-	(b) T
1576		-	AKE INTO ACCOUNT INPUT FROM MAJOR MANUFACTURERS OF
1577		-	WATER HEATERS
1578		-	, FAN-TYPE CENTRAL FURNACES , AND OTHER RELEVANT
1579		-	PAGE 37-HOUSE BILL 23-1161 EQUIPMENT;
1580		-	(c) C
1581		-	ONSIDER WHETHER EMISSIONS STANDARDS FOR ADDITIONAL
1582		-	TYPES OF RESIDENTIAL AND COMMERCIAL HEATING AND WATER HEATING
1583		-	EQUIPMENT ARE APPROPRIATE AND NECESSARY TO MEET THE GREENHOUSE
1584		-	GAS EMISSION REDUCTION TARGETS DESCRIBED IN SECTION
1585		-	25-7-102 (2)(g);
1586		-	(d) A
1587		-	RE ACHIEVABLE WITH AVAILABLE TECHNOLOGY ; AND
1588		-	(e) DO NOT PLACE AN UNDUE COST BURDEN ON CONSUMERS .
1589		-	25-7-1507. Enforcement - verifications of compliance - civil
1590		-	action by attorney general - penalties. (1) T
1591		-	HE EXECUTIVE DIRECTOR
1592		-	SHALL
1593		-	:
1594		-	(a) V
1595		-	ERIFY MAJOR RETAILERS' AND DISTRIBUTORS' COMPLIANCE WITH
1596		-	THE PROVISIONS OF THIS PART
1597		-	15 THROUGH ONLINE SPOT -CHECKS,
1598		-	COORDINATION WITH OTHER STATES THAT HAVE SIMILAR STANDARDS , OR
1599		-	BOTH
1600		-	;
1601		-	(b) C
1602		-	ONDUCT SUCH VERIFICATIONS AT LEAST ONCE BEFORE JANUARY
1603		-	1, 2027, AND AGAIN AT LEAST ONCE BEFORE JANUARY 1, 2032;
1604		-	(c) D
1605		-	ELIVER A REPORT ON THE METHOD AND FINDINGS OF THE
1606		-	VERIFICATIONS TO THE ENERGY AND ENVIRONMENT COMMITTEE OF THE
1607		-	HOUSE OF REPRESENTATIVES AND TO THE TRANSPORTATION AND ENERGY
1608		-	COMMITTEE OF THE SENATE
1609		-	, OR TO ANY SUCCESSOR COMMITTEES, AND POST
1610		-	THE REPORT TO THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1611		-	'S
1612		-	WEBSITE WITHIN ONE MONTH AFTER ITS COMPLETION
1613		-	; AND
1614		-	(d) DELIVER ANY FINDINGS OF VIOLATIONS TO THE ATTORNEY
1615		-	GENERAL
1616		-	.
1617		-	(2) O
1618		-	N OR BEFORE JANUARY 1, 2025, THE EXECUTIVE DIRECTOR
1619		-	SHALL ESTABLISH A PROCESS WHEREBY INDIVIDUALS MAY ANONYMOUSLY
1620		-	REPORT POTENTIAL VIOLATIONS OF THIS PART
1621		-	15 ON THE DEPARTMENT OF
1622		-	PUBLIC HEALTH AND ENVIRONMENT
1623		-	'S PUBLIC WEBSITE. THE EXECUTIVE
1624		-	DIRECTOR SHALL INVESTIGATE ANY SUCH REPORTED POTENTIAL VIOLATION
1625		-	AND SHALL REPORT ANY CONFIRMED VIOLATIONS TO THE ATTORNEY
1626		-	GENERAL
1627		-	.
1628		-	PAGE 38-HOUSE BILL 23-1161 (3) (a) IF THE ATTORNEY GENERAL HAS PROBABLE CAUSE TO BELIEVE
1629		-	THAT ANY PERSON OR GROUP OF PERSONS HAS VIOLATED OR CAUSED
1630		-	ANOTHER PERSON TO VIOLATE SECTION
1631		-	25-7-1504 OR 25-7-1505, THE
1632		-	ATTORNEY GENERAL MAY BRING A CIVIL ACTION ON BEHALF OF THE STATE
1633		-	TO SEEK THE IMPOSITION OF CIVIL PENALTIES AS SPECIFIED IN THIS
1634		-	SUBSECTION
1635		-	(3). ANY PERSON WHO KNOWINGLY VIOLATES OR CAUSES
1636		-	ANOTHER PERSON TO VIOLATE SECTION
1637		-	25-7-1504 OR 25-7-1505 SHALL PAY
1638		-	A CIVIL PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH
1639		-	VIOLATION
1640		-	, WHICH AMOUNT SHALL BE TRANSFERRED TO THE STATE
1641		-	TREASURER TO BE CREDITED TO THE ENERGY FUND CREATED IN SECTION
1642		-	24-38.5-102.4.
1643		-	(b) F
1644		-	OR PURPOSES OF SUBSECTION (3)(a) OF THIS SECTION:
1645		-	(I) E
1646		-	ACH TRANSACTION OR ONLINE FOR -SALE PRODUCT LISTING
1647		-	INVOLVED CONSTITUTES A SEPARATE VIOLATION
1648		-	; EXCEPT THAT THE
1649		-	MAXIMUM CIVIL PENALTY PER PERSON SHALL NOT EXCEED FIVE HUNDRED
1650		-	THOUSAND DOLLARS FOR ANY RELATED SERIES OF VIOLATIONS
1651		-	; AND
1652		-	(II) A COURT SHALL NOT IMPOSE A FINE AGAINST A NONMANAGERIAL
1653		-	EMPLOYEE OF A CONTRACTOR THAT INSTALLS
1654		-	, REPAIRS, OR REPLACES WATER
1655		-	HEATERS OR FAN
1656		-	-TYPE CENTRAL FURNACES AND COLLECTS FROM
1657		-	CUSTOMERS AN AMOUNT REPRESENTING BOTH PARTS AND LABOR
1658		-	.
1659		-	SECTION 10. In Colorado Revised Statutes, 24-38.5-102.4, amend
1660		-	(1)(a)(I) as follows:
1661		-	24-38.5-102.4. Energy fund - creation - use of fund - definitions
1662		-	- report - repeal. (1) (a) (I) The energy fund is hereby
1663		-	created in the state
1664		-	treasury. The principal of the fund consists of money transferred to the fund
1665		-	from the general fund; money transferred to the fund at the end of the
1666		-	2006-07 state fiscal year and at the end of each succeeding state fiscal year
1667		-	from money received by the Colorado energy office; money received
1668		-	pursuant to the federal "American Recovery and Reinvestment Act of
1669		-	2009", Pub.L. 111-5, or any amendments thereto; or from
1670		-	MONEY RECEIVED
1671		-	PURSUANT TO
1672		-	revenue contracts, court settlement funds, supplemental
1673		-	environmental program funds,
1674		-	OR THE repayment or return of funds from
1675		-	eligible public depositories;
1676		-	MONEY TRANSFERRED TO THE FUND PURSUANT
1677		-	TO SECTIONS
1678		-	6-7.5-110 (2)(a), 25-5-1406 (3)(a), AND 25-7-1507 (3)(a); and
1679		-	MONEY RECEIVED AS gifts, grants, and donations; and any other money
1680		-	PAGE 39-HOUSE BILL 23-1161 received by the Colorado energy office. Interest and income earned on the
1681		-	deposit and investment of money in the energy fund are credited to the fund.
1682		-	Money in the fund at the end of any state fiscal year remains in the fund and
1683		-	may not be credited to the state general fund or any other fund. Money in
1684		-	the fund may not be transferred to the innovative energy fund created in
1685		-	section 24-38.5-102.5.
1686		-	SECTION 11. In Colorado Revised Statutes, 38-35.7-109, amend
1687		-	(1)(c) as follows:
1688		-	38-35.7-109. Electric vehicle charging and heating systems -
1689		-	options - definitions. (1) (c) A person that builds a new residence for
1690		-	which a buyer is under contract shall offer the buyer pricing, energy
1691		-	efficiency, and utility bill information for each natural gas, electric, or other
1692		-	option available from and information pertaining to those options from the
1693		-	federal Energy Star program, as defined in section 6-7.5-102 (15)
1694		-	(24), or
1695		-	similar information about energy efficiency and utilization reasonably
1696		-	available to the person building the residence.
1697		-	SECTION 12. In Colorado Revised Statutes, 40-3.2-109, amend
1698		-	(2)(b)(V) as follows:
1699		-	40-3.2-109. Beneficial electrification plans for electric utilities -
1700		-	definition - rules - recovery of costs - report. (2) (b) On or before July 1,
1701		-	2022, and thereafter as directed by the commission, but no less frequently
1702		-	than every three years, an investor-owned electric utility shall file with the
1703		-	commission an application for a beneficial electrification plan for regulated
1704		-	activities to support beneficial electrification. Beneficial electrification
1705		-	plans may be combined with other demand-side management strategic
1706		-	issues or transportation electrification plans, as applicable, but a beneficial
1707		-	electrification plan must, at a minimum:
1708		-	(V) Include incentives to facilitate beneficial electrification, with
1709		-	programs targeted toward new and existing building markets. Products
1710		-	eligible for incentives must be certified under the federal Energy Star
1711		-	program, as defined in section 6-7.5-102 (15)
1712		-	(24), or a successor program
1713		-	if that certification is available, in product categories for which such
1714		-	certification exists.
1715		-	SECTION 13. Severability. If any provision of this act or the
1716		-	PAGE 40-HOUSE BILL 23-1161 application of this act to any person or circumstance is held invalid, such
1717		-	invalidity does not affect other provisions or applications of the act that can
1718		-	be given effect without the invalid provision or application, and to this end
1719		-	the provisions of this act are declared to be severable.
1720		-	SECTION 14. Appropriation. (1) For the 2023-24 state fiscal
1721		-	year, $49,730 is appropriated to the department of public health and
1722		-	environment. This appropriation is from the general fund. To implement
1723		-	this act, the department may use this appropriation as follows:
1724		-	(a) $5,848 for use by the division of environmental health and
1725		-	sustainability for administration and support, which amount is based on an
1726		-	assumption that the division will require an additional 0.1 FTE; and
1727		-	(b) $43,882 for the purchase of legal services.
1728		-	(2) For the 2023-24 state fiscal year, $43,882 is appropriated to the
1729		-	department of law. This appropriation is from reappropriated funds received
1730		-	from the department of public health and environment under subsection
1731		-	(1)(b) of this section and is based on an assumption that the department of
1732		-	law will require an additional 0.2 FTE. To implement this act, the
1733		-	department of law may use this appropriation to provide legal services for
1734		-	the department of public health and environment.
1735		-	SECTION 15. Act subject to petition - effective date. This act
1736		-	takes effect at 12:01 a.m. on the day following the expiration of the
1737		-	ninety-day period after final adjournment of the general assembly; except
1738		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
1739		-	of the state constitution against this act or an item, section, or part of this act
1740		-	within such period, then the act, item, section, or part will not take effect
1741		-	unless approved by the people at the general election to be held in
1742		-	PAGE 41-HOUSE BILL 23-1161 November 2024 and, in such case, will take effect on the date of the official
1743		-	declaration of the vote thereon by the governor.
1744		-	____________________________ ____________________________
1745		-	Julie McCluskie Steve Fenberg
1746		-	SPEAKER OF THE HOUSE PRESIDENT OF
1747		-	OF REPRESENTATIVES THE SENATE
1748		-	____________________________ ____________________________
1749		-	Robin Jones Cindi L. Markwell
1750		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
1751		-	OF REPRESENTATIVES THE SENATE
1752		-	APPROVED________________________________________
1753		-	(Date and Time)
1754		-	_________________________________________
1755		-	Jared S. Polis
1756		-	GOVERNOR OF THE STATE OF COLORADO
1757		-	PAGE 42-HOUSE BILL 23-1161
	1507	+	COURT SHALL NOT IMPOSE A FINE AGAINST A5
	1508	+	NONMANAGERIAL EMPLOYEE OF A CONTRACTOR THAT INSTALLS , REPAIRS,6
	1509	+	OR REPLACES
	1510	+	WATER HEATERS OR FAN-TYPE CENTRAL FURNACES AND7
	1511	+	COLLECTS FROM CUSTOMERS AN AMOUNT REPRESENTING BOTH PARTS AND8
	1512	+	LABOR.9
	1513	+	SECTION 10. In Colorado Revised Statutes, 24-38.5-102.4,10
	1514	+	amend (1)(a)(I) as follows:11
	1515	+	24-38.5-102.4. Energy fund - creation - use of fund -12
	1516	+	definitions - report - repeal. (1) (a) (I) The energy fund is hereby13
	1517	+	created in the state treasury. The principal of the fund consists of money14
	1518	+	transferred to the fund from the general fund; money transferred to the15
	1519	+	fund at the end of the 2006-07 state fiscal year and at the end of each16
	1520	+	succeeding state fiscal year from money received by the Colorado energy17
	1521	+	office; money received pursuant to the federal "American Recovery and18
	1522	+	Reinvestment Act of 2009", Pub.L. 111-5, or any amendments thereto; or19
	1523	+	from MONEY RECEIVED PURSUANT TO revenue contracts, court settlement20
	1524	+	funds, supplemental environmental program funds,
	1525	+	OR THE repayment or21
	1526	+	return of funds from eligible public depositories;
	1527	+	MONEY TRANSFERRED22
	1528	+	TO THE FUND PURSUANT TO SECTIONS 6-7.5-110 (2)(a), 25-5-1406 (3)(a),23
	1529	+	AND 25-7-1507 (3)(a); and
	1530	+	MONEY RECEIVED AS gifts, grants, and24
	1531	+	donations; and any other money received by the Colorado energy office.25
	1532	+	Interest and income earned on the deposit and investment of money in the26
	1533	+	energy fund are credited to the fund. Money in the fund at the end of any27
	1534	+	1161
	1535	+	-46- state fiscal year remains in the fund and may not be credited to the state1
	1536	+	general fund or any other fund. Money in the fund may not be transferred2
	1537	+	to the innovative energy fund created in section 24-38.5-102.5.3
	1538	+	SECTION 11. In Colorado Revised Statutes, 38-35.7-109,4
	1539	+	amend (1)(c) as follows:5
	1540	+	38-35.7-109. Electric vehicle charging and heating systems -6
	1541	+	options - definitions. (1) (c) A person that builds a new residence for7
	1542	+	which a buyer is under contract shall offer the buyer pricing, energy8
	1543	+	efficiency, and utility bill information for each natural gas, electric, or9
	1544	+	other option available from and information pertaining to those options10
	1545	+	from the federal Energy Star program, as defined in section 6-7.5-10211
	1546	+	(15) (24), or similar information about energy efficiency and utilization12
	1547	+	reasonably available to the person building the residence.13
	1548	+	SECTION 12. In Colorado Revised Statutes, 40-3.2-109, amend14
	1549	+	(2)(b)(V) as follows:15
	1550	+	40-3.2-109. Beneficial electrification plans for electric utilities16
	1551	+	- definition - rules - recovery of costs - report. (2) (b) On or before17
	1552	+	July 1, 2022, and thereafter as directed by the commission, but no less18
	1553	+	frequently than every three years, an investor-owned electric utility shall19
	1554	+	file with the commission an application for a beneficial electrification20
	1555	+	plan for regulated activities to support beneficial electrification.21
	1556	+	Beneficial electrification plans may be combined with other demand-side22
	1557	+	management strategic issues or transportation electrification plans, as23
	1558	+	applicable, but a beneficial electrification plan must, at a minimum:24
	1559	+	(V) Include incentives to facilitate beneficial electrification, with25
	1560	+	programs targeted toward new and existing building markets. Products26
	1561	+	eligible for incentives must be certified under the federal Energy Star27
	1562	+	1161
	1563	+	-47- program, as defined in section 6-7.5-102 (15) (24), or a successor1
	1564	+	program if that certification is available, in product categories for which2
	1565	+	such certification exists.3
	1566	+	SECTION 13. Severability. If any provision of this act or the4
	1567	+	application of this act to any person or circumstance is held invalid, such5
	1568	+	invalidity does not affect other provisions or applications of the act that6
	1569	+	can be given effect without the invalid provision or application, and to7
	1570	+	this end the provisions of this act are declared to be severable.8
	1571	+	SECTION 14. Appropriation. (1) For the 2023-24 state fiscal9
	1572	+	year, $49,730 is appropriated to the department of public health and10
	1573	+	environment. This appropriation is from the general fund. To implement11
	1574	+	this act, the department may use this appropriation as follows:12
	1575	+	(a) $5,848 for use by the division of environmental health and13
	1576	+	sustainability for administration and support, which amount is based on14
	1577	+	an assumption that the division will require an additional 0.1 FTE; and15
	1578	+	(b) $43,882 for the purchase of legal services.16
	1579	+	(2) For the 2023-24 state fiscal year, $43,882 is appropriated to17
	1580	+	the department of law. This appropriation is from reappropriated funds18
	1581	+	received from the department of public health and environment under19
	1582	+	subsection (1)(b) of this section and is based on an assumption that the20
	1583	+	department of law will require an additional 0.2 FTE. To implement this21
	1584	+	act, the department of law may use this appropriation to provide legal22
	1585	+	services for the department of public health and environment.23
	1586	+	SECTION 15. Act subject to petition - effective date. This act24
	1587	+	takes effect at 12:01 a.m. on the day following the expiration of the25
	1588	+	ninety-day period after final adjournment of the general assembly; except26
	1589	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V27
	1590	+	1161
	1591	+	-48- of the state constitution against this act or an item, section, or part of this1
	1592	+	act within such period, then the act, item, section, or part will not take2
	1593	+	effect unless approved by the people at the general election to be held in3
	1594	+	November 2024 and, in such case, will take effect on the date of the4
	1595	+	official declaration of the vote thereon by the governor.5
	1596	+	1161
	1597	+	-49-