An Act To Establish Appliance Energy and Water Standards
Maine Legislature, Session 130, LD 0940
Committee: Environment and Natural Resources
Sponsors: PLUECKER, DOUDERA, GRAMLICH, MAXMIN
Amends: 2 MRSA §9

Legislative Document
No. 940
H.P. 696
House of Representatives, March 8, 2021
An Act To Establish Appliance Energy and Water Standards
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative PLUECKER of Warren.
Cosponsored by Representatives: DOUDERA of Camden, GRAMLICH of Old Orchard 
Beach, Senator: MAXMIN of Lincoln.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  2 MRSA §9, sub-§3, ¶I, as enacted by PL 2007, c. 656, Pt. C, §1, is amended 
to read:
I.  Monitor energy transmission capacity planning and policy affecting this State and 
the regulatory approval process for the development of energy infrastructure pursuant 
to Title 35‑A, section 122 and make recommendations to the Governor and the 
Legislature as necessary for changes to the relevant laws and rules to facilitate energy 
infrastructure planning and development; and
Sec. 2.  2 MRSA §9, sub-§3, ¶J, as amended by PL 2011, c. 55, §2, is further 
amended to read:
J.  Take action as necessary to carry out the goals and objectives of the state energy 
plan prepared pursuant to paragraph C including lowering the total cost of energy to 
consumers in this State.; and
Sec. 3.  2 MRSA §9, sub-§3, ¶K is enacted to read:
K.  Take action as necessary regarding the appliance and product efficiency standards 
set forth in subsection 8, including, but not limited to, the enforcement of those 
standards.
Sec. 4.  2 MRSA §9, sub-§8 is enacted to read:
8.  Appliance and product efficiency standards.  The following provisions apply to 
the sale or offering for sale in the State of certain new appliances and products.
A.  Beginning January 1, 2023, a person may not sell or offer for sale in the State any 
of the following appliances and products that are prohibited from sale in the State of 
California pursuant to the California Code of Regulations, Title 20, Division 2, Chapter 
4, Article 4, as those regulations were in effect on January 1, 2021 and as amended on 
December 9, 2020:
(1)  Computers and computer monitors;
(2)  General service lamps;
(3)  Commercial hot food holding cabinets;
(4)  Plumbing fittings that are showerheads, lavatory faucets, kitchen faucets, 
public lavatory faucets, metering faucets, kitchen replacement aerators and 
lavatory replacement aerators;
(5)  Plumbing fixtures that are water closets and urinals;
(6)  Portable electric spas;
(7)  Spray sprinkler bodies; and
(8)  Water dispensers.
For the purposes of this paragraph, the appliances and products listed in subparagraphs 
(1) to (8) have the same meanings as in the California Code of Regulations, Title 20, 
Division 2, Chapter 4, Article 4, as those regulations were in effect on January 1, 2021, 
except that "general service lamps" means medium-base incandescent light bulbs that 
are: reflector lamps that are ER30, BR30, BR40 or ER40 lamps rated at 50 watts or 
less; reflector lamps that are BR30, BR40 or ER40 lamps rated at 65 watts; reflector 
lamps that are R20 lamps rated at 45 watts or less; B, BA, CA, F and G shape lamps as 
defined in American National Standards Institute standard C79.1-2002 with a lumen 
output greater than or equal to 200 and rated at 40 watts or less; A and C shape lamps 
as defined in American National Standards Institute standard C79.1-2002 with a lumen 
output greater than or equal to 200 and less than 310; shatter-resistant lamps; and 3-
way lamps.
B.  In determining a person's compliance with paragraph A, the office shall, to the 
greatest extent practicable and where consistent with the requirements of this 
subsection, use information contained in the modernized appliance efficiency database 
system established pursuant to the California Code of Regulations, Title 20, Division 
2, Chapter 4, Article 4, as those regulations were in effect on January 1, 2021.
C.  A person who violates paragraph A commits a civil violation for which a fine of 
not more than $100 may be adjudged for each unit of a product sold or offered for sale 
in violation of paragraph A.
D.  Beginning January 15, 2022, and annually thereafter, the office shall submit to the 
joint standing committee of the Legislature having jurisdiction over energy, utilities 
and technology matters a report describing any recent or anticipated changes to the 
California Code of Regulations, Title 20, Division 2, Chapter 4, Article 4 and including 
recommendations as to whether, based on such changes or for other specified reasons, 
the provisions of this subsection require amendment.  After reviewing the report, the 
joint standing committee may report out legislation relating to the report.
This subsection does not apply to any appliances and products listed in paragraph A, 
subparagraphs (1) to (8) that are manufactured before January 1, 2022 or that are sold or 
offered for sale in the State in used condition.
Sec. 5.  Memorandum of understanding regarding technical assistance to 
consumers and businesses.  The Governor's Energy Office may enter into a 
memorandum of understanding or other formalized agreement with the Efficiency Maine 
Trust, established in the Maine Revised Statutes, Title 35-A, chapter 97, for the provision 
of technical assistance by the trust to consumers and businesses in the scope and application 
of the State's efficiency standards under Title 2, section 9, subsection 8.
SUMMARY
This bill provides that, beginning January 1, 2023, a person may not sell or offer for 
sale in the State any of the following new products that were prohibited from sale in the 
State of California under its appliance efficiency regulations, as those regulations were in 
effect on January 1, 2021: computers and computer monitors; certain general service lamps; 
commercial hot food holding cabinets; plumbing fittings that are showerheads, lavatory 
faucets, kitchen faucets, public lavatory faucets, metering faucets, kitchen replacement 
aerators and lavatory replacement aerators; plumbing fixtures that are water closets and 
urinals; portable electric spas; spray sprinkler bodies; and water dispensers.
The Governor's Energy Office is required to enforce this prohibition, and fines for a 
violation of the prohibition are specified.  The office is authorized to enter into a 
memorandum of understanding or other formalized agreement with the Efficiency Maine 
Trust for the provision of technical assistance by the trust to consumers and businesses 
regarding this prohibition.  The office is also required to submit an annual report to the 
joint standing committee of the Legislature having jurisdiction over energy, utilities and 
technology matters describing any recent or anticipated changes to the California appliance 
efficiency regulations and including recommendations as to whether, based on such 
changes or for other specified reasons, the state provision requires amendment.