2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENERGY AND WATER CONSERVATION (§§ 6-7-101 — 6-7.7-103) › Article 7.5 - WATER AND ENERGY EFFICIENCY STANDARDS (§§ 6-7.5-101 — 6-7.5-110) › Section 6-7.5-105 - Standards - effective dates - repeal

(1)
On and after the effective date of this subsection (1), as amended, a person shall not sell any of the following plumbing fixtures in Colorado unless they are WaterSense-listed plumbing fixtures:
(a)
(I)
A private lavatory faucet.
(II)
This subsection (1)(a) is repealed, effective January 1, 2026.
(b)
A public lavatory faucet;
(c)
A showerhead;
(d)
(I)
A urinal.
(II)
This subsection (1)(d) is repealed, effective January 1, 2026.
(e)
A water closet.
(2)
Repealed.
(3)
On and after January 1, 2021, a person shall not sell, lease, or rent any of the following new products in Colorado unless the efficiency of the new product meets or exceeds the following efficiency standards, as applicable:
(a)
Commercial dishwashers included in the scope of the Energy Star program product specification for commercial dishwashers must meet the qualification criteria of that specification.
(b)
Commercial fryers included in the scope of the Energy Star program product specification for commercial fryers must meet the qualification criteria of that specification.
(c)
(I)
Commercial hot food holding cabinets must have a maximum idle energy rate of forty watts per cubic foot of interior volume, as determined by the "idle energy rate-dry test" in ASTM standard F2140-11, "Test Method for the Performance of Hot Food Holding Cabinets", published by ASTM International, formerly known as the American Society for Testing and Materials. Interior volume must be measured as prescribed in the Energy Star program product specification for commercial hot food holding cabinets, version 2.0.
(II)
This subsection (3)(c) is repealed, effective January 1, 2026.
(d)
Commercial steam cookers must meet the requirements of the Energy Star program product specification for commercial steam cookers.
(e)
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.
(f)
Faucets, except for metering faucets, must meet the following standards when tested in 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:
(I)
Residential kitchen faucets and replacement aerators must not exceed a maximum flow 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.
(II)
Public lavatory faucets and replacement aerators must not exceed a maximum flow rate of 0.5 GPM at sixty PSI.
(g)
Repealed.
(h)
(I)
High CRI fluorescent lamps must meet the minimum efficacy requirements contained in
10 CFR 430.32 (n)(4)
as in effect on January 3, 2017, as measured in accordance with
10 CFR 430
, subpart B, appendix R, "Uniform Test Method for Measuring Average Lamp Efficacy (LE), Color Rendering Index (CRI), and Correlated Color Temperature (CCT) of Electric Lamps", as in effect on January 3, 2017.
(II)
This subsection (3)(h) is repealed, effective January 1, 2026.
(i)
Portable electric spas must meet the requirements of ANSI/APSP/ICC-14.
(j)
New residential ventilating fans must meet the fan motor efficacy qualification criteria of the Energy Star program product specification for residential ventilating fans.
(k)
(I)
Spray sprinkler bodies that are not specifically excluded from the scope of the WaterSense program product specification for spray sprinkler bodies, version 1.0, must include an integral pressure regulator and must meet the water efficiency and performance criteria and other requirements of that specification.
(II)
This subsection (3)(k) is repealed, effective January 1, 2026.
(l)
Repealed.
(m)
Water coolers included in the scope of the Energy Star program product specification for water coolers 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.
(4)
On or after February 1, 2022, the following new products shall not be sold, leased, or rented in Colorado unless the efficiency of the new product meets or exceeds the following efficiency standards, as applicable:
(a)
Repealed.
(b)
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.
(5)
On and after January 1, 2026, a person shall not sell, offer to sell, lease, or offer to lease any of the following new products in Colorado unless the efficiency of the new product meets or exceeds the following efficiency standards, as applicable:
(a)
Air purifiers, except industrial air purifiers, must meet the certification requirements of the Energy Star program product specification for room air cleaners.
(b)
Commercial hot food holding cabinets must meet the qualification criteria of the Energy Star program product specification for commercial hot food holding cabinets.
(c)
Commercial ovens included in the scope of the Energy Star program product specification for commercial ovens must meet the qualification criteria of that specification.
(d)
Electric storage water heaters must have a modular demand response communications port compliant with AHRI 1430.
(e)
Electric vehicle supply equipment included in the scope of the Energy Star program product specification for electric vehicle supply equipment must meet the certification criteria of that specification.
(f)
Gas fireplaces must comply with the following requirements:
(I)
Gas fireplaces must be capable of automatically extinguishing any pilot flame when the main gas burner flame is extinguished or must prevent any ignition source for the main gas burner flame from operating continuously for more than seven days from the last use of the main gas burner;
(II)
Decorative gas fireplaces must have a direct vent or power vent configuration, unless the decorative gas fireplace is marked for replacement use only or outdoor use only or is a gas log set; and
(III)
Heating gas fireplaces must have a fireplace efficiency of at least fifty percent when tested in accordance with Canadian Standards Association P.4.1-15, "Testing method for measuring fireplace efficiency", as amended or revised.
(g)
High CRI, cold-temperature, and impact-resistant fluorescent lamps must meet the minimum efficacy requirements contained in
10 CFR 430.32 (n)(4)
, as measured in accordance with
10 CFR 430
, subpart B, appendix R, "Uniform Test Method for Measuring Average Lamp Efficacy (LE), Color Rendering Index (CRI), and Correlated Color Temperature (CCT) of Electric Lamps".
(h)
Irrigation controllers must comply with the following requirements:
(I)
Weather-based irrigation controllers included within the scope of the WaterSense program product specification for weather-based irrigation controllers must meet the water efficiency and performance criteria and other requirements for that specification; and
(II)
Soil moisture-based irrigation controllers included within the scope of the WaterSense program product specification for soil moisture-based irrigation controllers must meet the water efficiency and performance criteria and other requirements for that specification.
(i)
Private lavatory faucets, tub spout diverters, showerhead tub spout diverter combinations, and urinals must meet the requirements in 20 CCR sec. 1605.3, as measured in accordance with the test methods prescribed in 20 CCR sec. 1604, as amended.
(j)
(I)
Except as otherwise provided in subsection (5)(j)(II) of this section, residential windows, residential doors, and residential skylights included in the scope of the Energy Star program product specification for residential windows, doors, and skylights must satisfy the northern climate zone qualification criteria of that specification; except that residential windows and doors that are custom designed for a historically designated building and required in order to maintain the historic nature or character of such a building are not required to satisfy such criteria.
(II)
The executive director may consult with the Colorado energy office to evaluate the standard set forth in subsection (5)(j)(I) of this section for residential windows, residential doors, and residential skylights. If the executive director determines that the standard cannot reasonably be met by manufacturers of residential windows, residential doors, and residential skylights, then the executive director shall set an alternative standard which may be applied instead of the standard set forth in subsection (5)(j)(I) of this section and the executive director shall display the alternative standard on the public website of the Colorado department of public health and environment no later than June 1, 2025. When deciding whether the standard set forth in subsection (5)(j)(I) of this section can reasonably be met, the executive director shall take into account the following factors:
(A)
Impacts on net consumer costs; and
(B)
Supply chain constraints.
(k)
Spray sprinkler bodies that are not specifically excluded from the scope of the WaterSense program product specification for spray sprinkler bodies must include an integral pressure regulator and a check valve and must meet the water efficiency and performance criteria and other requirements of that specification.
(l)
Thermostats must be programmable thermostats or smart thermostats.
Amended by 2024 Ch. 191,§ 4, eff. 5/17/2024.
Amended by 2023 Ch. 285,§ 4, eff. 8/7/2023.
Added by 2019 Ch. 356, § 1, eff. 8/2/2019.
L. 2019: Entire article R&RE, (HB 19-1231), ch. 3278, p. 3278, § 1, effective August 2.
2023 Ch. 285, was passed without a safety clause. See Colo. Const. art. V, § 1(3).