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Bill Detail: HB23-1161

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Title Environmental Standards For Appliances
Status Governor Signed (06/01/2023)
Bill Subjects
  • Business & Economic Development
  • Energy
  • Public Health
House Sponsors C. Kipp (D)
J. Willford (D)
Senate Sponsors F. Winter (D)
L. Cutter (D)
House Committee Energy and Environment
Senate Committee Transportation and Energy
Date Introduced 02/01/2023
Summary

Current law establishes water and energy efficiency standards
(standards) for certain appliances and fixtures sold in Colorado. Sections
1 through 7
of the bill expand the appliances and fixtures that are subject
to the standards and update the standards.
Specifically, section 4 updates standards for certain appliances and
fixtures that are sold in Colorado on and after certain dates, including:
  • Certain faucets and urinals;
  • Certain lamps;
  • Commercial hot food holding cabinets;
  • Portable electric spas;
  • Residential ventilating fans; and
  • Spray sprinkler bodies.
Section 4 also creates new standards for certain appliances and
other fixtures that are sold in Colorado on and after January 1, 2024,
including:
  • Air purifiers;
  • Commercial ovens;
  • Electric storage water heaters;
  • Electric vehicle supply equipment;
  • Gas fireplaces;
  • Irrigation controllers;
  • Tub spout diverters and showerhead tub spout diverter
combinations; and
  • Certain residential windows, residential doors, and
residential skylights.
Section 4 also removes standards for air compressors, general
service lamps, and uninterruptible power supplies.
Section 5 requires the executive director of the department of
public health and environment (executive director) to promulgate rules on
or before January 1, 2026, and every 5 years thereafter:
  • Adopting a more recent version of any standard; and
  • Establishing standards for appliances and other devices that
are not subject to the standards if certain conditions are
met.
Section 6 exempts manufacturers of products subject to the
standards from having to demonstrate that a product complies with the
law if the product appears in the state appliance standards database
maintained by the Northeast Energy Efficiency Partnerships, or a
successor organization. Section 6 also requires the executive director to
conduct periodic, unannounced inspections of major distributors or
retailers, including online retailers, of new products in order to determine
compliance with the standards.
Under current law, any person who sells or offers to sell in the
state any new consumer product that is required to meet an efficiency
standard but that the person knows does not meet that standard is subject
to a civil penalty of not more than $2,000 for each violation, which
amount is credited to the general fund. Section 7 credits any penalties
imposed to the energy fund created in the Colorado energy office rather
than to the general fund and specifies that each transaction or online
for-sale product listing constitutes a separate violation.
Section 8 establishes the Clean Lighting Act to phase out the
sale of general-purpose fluorescent light bulbs that contain mercury. With
certain exceptions:
  • On and after January 1, 2024, a person shall not
manufacture, distribute, sell, or offer for sale in Colorado
any new compact fluorescent lamp with a screw- or
bayonet-type base; and
  • On and after January 1, 2025, a person shall not
manufacture, distribute, sell, or offer for sale in Colorado
any linear fluorescent lamp or any compact fluorescent
lamp with a pin-type base.
Section 9 establishes standards for heating and water heating
appliances. With certain exceptions, on and after January 1, 2025, a
person shall not manufacture, distribute, sell, offer for sale, lease, or offer
for lease in Colorado any new water heater, boiler, or fan-type central
furnace unless the emissions of the product do not exceed certain limits
on emissions. On or before January 1, 2029, the air quality control
commission in the department of public health and environment must
promulgate rules lowering the emission limits. Section 9 also requires
manufacturers to use certain testing protocols, display certain information
on each product, and demonstrate compliance through one of various
described means.
Sections 8 and 9 both require the executive director to conduct
periodic, unannounced inspections of major distributors or retailers,
including online retailers, of new products to determine compliance and
to report violations to the attorney general. If the attorney general has
probable cause to believe that a violation occurred, the attorney general
may bring a civil action on behalf of the state to seek the imposition of
civil penalties, and any civil penalties are to be deposited in the energy
fund.

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