Standards - effective dates - publication of material incorporated by reference.

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(1) The executive director need not adopt by rule, but shall collect and make publicly available in hard copy, through a website, or both, the federal rules and other rules and standards referred to in this section. The references in this section are to the rules and standards as they existed on the dates specified or, if not so specified, as they existed on August 2, 2019, and do not include later editions or revisions.

(2) On or after January 1, 2020, a person shall not sell or offer for sale in Colorado a general service lamp unless it either:

  1. Is subject to federal preemption; or

  2. Meets or exceeds a lamp efficacy of forty-five lumens per watt, when tested in accordance with the applicable federal test procedures for general service lamps prescribed in 10 CFR 430.23 (gg), as in effect on January 3, 2017.

(3) On or after January 1, 2021, the following new products shall not be sold, leased, or rented in Colorado unless the efficiency of the new product meets or exceeds the following efficiency standards, as applicable:

  1. Commercial dishwashers included in the scope of the Energy Star program requirements product specification for commercial dishwashers, version 2.0, must meet the qualification criteria of that specification.

  2. Commercial fryers included in the scope of the Energy Star program requirementsproduct specification for commercial fryers, version 2.0, must meet the qualification criteria of that specification.

  3. Commercial hot food holding cabinets must have a maximum idle energy rate offorty watts per cubic foot of interior volume, as determined by the "idle energy rate-dry test" in ASTM standard F2140-11, "Test Method for the Performance of Hot Food Holding Cabinets", published by ASTM International, formerly known as the American Society for Testing and Materials. Interior volume must be measured as prescribed in the Energy Star program requirements product specification for commercial hot food holding cabinets, version 2.0.

  4. Commercial steam cookers must meet the requirements of the Energy Star programrequirements product specification for commercial steam cookers, version 1.2.

  5. Computers and computer monitors must meet the requirements of section 1605.3 (v) of title 20 of the CCR, and compliance with those requirements must be as measured in accordance with test methods prescribed in section 1604 (v) of those regulations.

  6. Faucets, except for metering faucets, must meet the following standards when testedin accordance with 10 CFR 430, subpart B, appendix S, and compliance with those standards must be established using the "Uniform Test Method for Measuring the Water Consumption of Faucets and Showerheads", as in effect on January 3, 2017:

  1. Residential kitchen faucets and replacement aerators must not exceed a maximumflow rate of 1.8 GPM at sixty PSI, with optional temporary flow of 2.2 GPM, provided they default to a maximum flow rate of 1.8 GPM at sixty PSI after each use.

  2. Public lavatory faucets and replacement aerators must not exceed a maximum flowrate of 0.5 GPM at sixty PSI.

  1. Flushometer-valve water closets included within the scope of the WaterSense specification for flushometer-valve water closets, version 1.0, must meet the water efficiency and performance criteria and other requirements of that specification.

  2. High CRI fluorescent lamps must meet the minimum efficacy requirements contained in 10 CFR 430.32 (n)(4) as in effect on January 3, 2017, as measured in accordance with 10 CFR 430, subpart B, appendix R, "Uniform Test Method for Measuring Average Lamp Efficacy (LE), Color Rendering Index (CRI), and Correlated Color Temperature (CCT) of Electric Lamps", as in effect on January 3, 2017.

  3. Portable electric spas must meet the requirements of the "American National Standard for Portable Electric Spa Energy Efficiency" (ANSI/APSP/ICC-14).

  4. New residential ventilating fans must meet the qualification criteria of the EnergyStar program requirements product specification for residential ventilating fans, version 3.2.

  5. Spray sprinkler bodies that are not specifically excluded from the scope of the WaterSense specification for spray sprinkler bodies, version 1.0, must include an integral pressure regulator and must meet the water efficiency and performance criteria and other requirements of that specification.

  6. Uninterruptible power supplies that utilize a NEMA 1-15P or 5-15P input plug andhave an alternating current output must have an average load-adjusted efficiency that meets or exceeds the values shown on page 193 of the prepublication final rule "Energy Conservation Program: Energy Conservation Standards for Uninterruptible Power Supplies" issued by the United States department of energy on December 28, 2016, as measured in accordance with test procedures prescribed in 10 CFR 430, subpart B, appendix Y, "Uniform Test Method for Measuring the Energy Consumption of Battery Chargers", as in effect on January 11, 2017.

  7. Water coolers included in the scope of the Energy Star program requirements product specification for water coolers, version 2.0, must have an "on" mode with no-water-draw energy consumption less than or equal to the following values as measured in accordance with the test requirements of that program:

(I) 0.16 kilowatt-hours per day for cold-only units and cook and cold units; (II) 0.87 kilowatt-hours per day for storage-type hot and cold units; and (III) 0.18 kilowatt-hours per day for on-demand hot and cold units.

  1. On or after February 1, 2022, the following new products shall not be sold, leased, orrented in Colorado unless the efficiency of the new product meets or exceeds the following efficiency standards, as applicable:

    1. Air compressors that meet the twelve criteria listed on page 350 to 351 of the "Energy Conservation Standards for Air Compressors" final rule issued by the United States department of energy on December 5, 2016, must meet the requirements in table 1 on page 352 following the instructions on page 353 and as measured in accordance with 10 CFR 431, subpart T, appendix A, "Uniform Test Method for Certain Air Compressors", as in effect on July 3, 2017.

    2. New portable air conditioners must have a combined energy efficiency ratio (CEER),as measured in accordance with 10 CFR 430, subpart B, appendix CC, "Uniform Test Method for Measuring the Energy Consumption of Portable Air Conditioners", as in effect on January 3, 2017, that is greater than or equal to:

1.04 x SACC / (3.7117 x SACC0.6384)

where SACC is the seasonally adjusted cooling capacity in British thermal units per hour.

Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3278, § 1, effective August 2.

  1. New and revised standards - rules. The executive director may adopt by rule a more recent version of any standard or test method established in section 6-7.5-105, including any product definition associated with the standard or test method, in order to maintain or improve consistency with other comparable standards in other states, so long as the resulting efficiency is equal to or greater than the efficiency achieved using the prior standard or test method. The executive director shall allow at least a one-year delay between the adoption by rule and the enforcement of any new standard or test method.

Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3281, § 1, effective August 2.

  1. Protection against repeal of federal standards. (1) If any of the energy or water conservation standards issued or approved for publication by the office of the United States secretary of energy as of January 1, 2018, as set forth in 10 CFR 430-431 and promulgated pursuant to the "Energy Policy and Conservation Act", Pub.L. 94-163, are withdrawn, repealed, or otherwise voided, the minimum energy or water efficiency level permitted for products previously subject to federal energy or water conservation standards must be the previously applicable federal standards, and no such new product may be sold or offered for sale, lease, or rental in Colorado unless it meets or exceeds such standards.

(2) This section does not apply to a federal energy or water conservation standard set aside by a court upon the petition of a person that will be adversely affected by the standard, as provided in 42 U.S.C. sec. 6306 (b).

Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3281, § 1, effective August 2.


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