Collections prohibited - penalty - definition

6-6-103. Collections prohibited - penalty - definition. (1) No sender of any unsolicited goods shall mail or otherwise send to any recipient of such unsolicited goods a bill for such unsolicited goods or any dunning communications. (2) (a) The sender of a magazine or other periodical shall cancel a subscription if any invoice is returned by the recipient marked cancel. Cancellation shall also occur when the recipient gives written notice of cancellation to the sender at the sender's address or at the address of the subscription department printed in the periodical, or, if no such department is listed, at the general business address of the periodical. (b) Notice of cancellation may be given by regular mail, and is effective on the date received by the sender. Notice of cancellation need not take any particular form and is sufficient if it indicates by any form of written expression that the recipient wishes to terminate the subscription. Within sixty days after notice of cancellation for prepaid subscriptions, the sender shall refund to the recipient any amount paid for the subscription less the amount owed by the recipient for any periodicals, together with the postage thereon, if postage has been charged separately, received before the effective date of the notice of cancellation. (c) For purposes of this subsection (2), sender means the publisher of a periodical, any person acting as the agent of such publisher, and any person purporting to act as the agent of such publisher, and a seller of the periodical. (3) Violation of this section constitutes a petty offense. Violation of this section also constitutes a deceptive trade practice in violation of the Colorado Consumer Protection Act, article 1 of this title 6, and is subject to remedies or penalties, or both, pursuant thereto. Source: L. 75: Entire article added, p. 262, � 1, effective July 14. L. 76: Entire section amended, p. 297, � 11, effective May 20. L. 93: Entire section amended, p. 1574, � 7, effective July 1. L. 95: Entire section amended, p. 387, � 1, effective July 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3135, � 61, effective March 1, 2022. Cross references: For the penalty for a petty offense, see � 18-1.3-503. ARTICLE 6.5 Soil and Hazard Analyses of Residential Construction 6-6.5-101. Disclosure to purchaser - penalty. (1) At least fourteen days prior to closing the sale of any new residence for human habitation, every developer or builder or their representatives shall provide the purchaser with a copy of a summary report of the analysis and the site recommendations. For sites in which significant potential for expansive soils is recognized, the builder or his representative shall supply each buyer with a copy of a publication detailing the problems associated with such soils, the building methods to address these problems during construction, and suggestions for care and maintenance to address such problems. (2) In addition to any other liability or penalty, any builder or developer failing to provide the report or publication required by subsection (1) of this section shall be subject to a civil penalty of five hundred dollars payable to the purchaser. (3) The requirements of this section shall not apply to any individual constructing a residential structure for his own residence. Source: L. 84: Entire article added, p. 294, � 1, effective July 1. ENERGY AND WATER CONSERVATION ARTICLE 7 Residential Building Energy Conservation 6-7-101 to 6-7-106. (Repealed) Source: L. 2022: Entire article repealed, (HB 22-1362), ch. 301, p. 2188, � 9, effective June 2. Editor's note: (1) This article 7 was added in 1977. For amendments to this article 7 prior to its repeal in 2022, consult the 2021 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. (2) Section 6-7-104 was amended in SB 22-212. Those amendments were superseded by the repeal of this article 7 in HB 22-1362. ARTICLE 7.5 Water and Energy Efficiency Standards Editor's note: This article 7.5 was added in 2014 and was not amended prior to 2019. It was repealed and reenacted in 2019, resulting in the addition, relocation, or elimination of sections as well as subject matter. For the text of this article 7.5 prior to 2019, consult the 2018 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. 6-7.5-101. Legislative declaration. (1) The general assembly finds and determines that efficiency standards for certain products sold in Colorado: (a) Assure consumers and businesses that such products meet minimum efficiency performance levels, thus reducing energy and water waste and saving consumers and businesses money on utility bills; (b) Protect consumers and businesses against manufacturers who would otherwise sell, in Colorado, less efficient appliances that they cannot sell in states that have higher standards; (c) Save energy and thus reduce pollution and other environmental impacts associated with the production, distribution, and use of electricity, natural gas, and other fuels; (d) Improve electric system reliability and potentially reduce the need for new energy and water infrastructure based on the resulting energy and water savings; (e) Apply to products available at a price equal to or less than noncompliant products, or available at a minimal cost premium; (f) Have saved Coloradans billions of gallons of water since 2014, when WaterSense standards were enacted for plumbing fixtures, without sacrificing quality or product performance; and (g) Contribute to the economy of this state by helping to better balance supply and demand for both energy and water, thus reducing the upward pressure on prices for electricity, natural gas, and water caused by increased demand. In addition, efficiency standards allow consumers and businesses to use the money they save on utility bills to purchase local goods and services. (2) Therefore, the general assembly declares that the adoption of energy and water efficiency standards in accordance with this article 7.5 is a matter of state and local concern and serves the public interest of the people of Colorado. Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3270, � 1, effective August 2. 6-7.5-102. Definitions. As used in this article 7.5, unless the context otherwise requires and except as determined by rule pursuant to section 6-7.5-106 (1): (1) Air purifier or room air cleaner means an electric, cord-connected, portable appliance that has the primary function of removing particulate matter from the air. (2) AHRI 1430 means the Air-conditioning, Heating, and Refrigeration Institute standard for demand flexible electric storage water heaters. (3) ANSI means the American National Standards Institute or its successor organization. (4) ANSI/APSP/ICC-14 means the ANSI standard for portable electric spa energy efficiency. (5) ANSI C78.81 means the ANSI standard for Electric Lamps - Double-Capped Fluorescent Lamps - Dimensional and Electrical Characteristics. (6) ANSI C78.901 means the ANSI standard for Electric Lamps - Single-Based Fluorescent Lamps - Dimensional and Electrical Characteristics. (7) ANSI C79.1 means the ANSI standard for Electric Lamps - Nomenclature for Glass Bulbs Intended for Use with Electric Lamps. (8) APSP means the Association of Pool and Spa Professionals or its successor organization. (9) CCR means the California code of regulations, as amended. (10) Check valve means a component that is internal to a spray sprinkler body and prevents system drainage during periods of nonoperation. (11) Cold-temperature fluorescent lamp means a fluorescent lamp that: (a) Is not a compact fluorescent lamp; (b) Is specifically designed to start at a temperature of twenty degrees below zero Fahrenheit when used with a ballast conforming to the requirements of ANSI C78.81 and ANSI C78.901; and (c) Is expressly designated as a cold-temperature lamp both in markings on the lamp and in marketing materials such as catalogs, sales literature, and promotional material. (12) Commercial dishwasher means a machine designed to clean and sanitize plates, pots, pans, glasses, cups, bowls, utensils, and trays by applying sprays of detergent solution, with or without blasting media granules, and a sanitizing rinse. (13) Commercial fryer means an appliance, including a cooking vessel, in which: (a) Oil is placed to such a depth that the food to be cooked is essentially supported by displacement of the cooking fluid rather than by the bottom of the vessel; and (b) Heat is delivered to the cooking fluid by means of either: (I) An immersed electric element or band-wrapped vessel; or (II) Heat transfer from gas burners through either the walls of the vessel or tubes passing through the cooking fluid. (14) Commercial hot food holding cabinet means a heated, fully enclosed compartment with one or more solid or transparent doors designed to maintain the temperature of hot food that has been cooked using a separate appliance. Commercial hot food holding cabinet does not include heated glass merchandising cabinets, drawer warmers, or cook and hold appliances. (15) Commercial oven means a chamber designed for heating, roasting, or baking food by conduction, convection, radiation, or electromagnetic energy. (16) Commercial steam cooker means a device with one or more food-steaming compartments in which thermal energy is transferred from the steam to the food by direct contact. Commercial steam cooker includes countertop models, wall-mounted models, and floor models mounted on a stand, pedestal, or cabinet-style base. (17) Compact fluorescent lamp means a fluorescent lamp that includes: (a) A tube that is curved or folded to fit the size of a traditional household light bulb; and (b) A compact electronic ballast in the base of the lamp. (18) Compensation means money or any other thing of value, regardless of form, received or to be received by a person for goods or services rendered. (19) Computer and computer monitor have the meanings set forth in 20 CCR sec. 1602 (v). (20) CTA means the Consumer Technology Association, or a successor organization. (21) Decorative gas fireplace means a vented fireplace, including a unit that is freestanding, recessed, or zero clearance, or a gas fireplace insert that is: (a) Fueled by natural gas or propane; (b) Marked or intended for decorative use only; and (c) Not equipped with a thermostat or intended for use as a heater. (22) Electric storage water heater means a consumer product that: (a) Uses electricity to heat domestic potable water; (b) Has a nameplate input rating of twelve kilowatts or less; (c) Has a rated hot water storage capacity between forty and one hundred twenty gallons; and (d) Delivers hot water at a maximum temperature of less than one hundred eighty degrees Fahrenheit. (23) (a) Electric vehicle supply equipment means conductors, including ungrounded, grounded, and equipment-grounding conductors; electric vehicle connectors; attachment plugs; and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy from the wiring of a premises to an electric vehicle. (b) Electric vehicle supply equipment does not include a conductor, connector, or fitting that is part of a vehicle. (24) Energy Star program means the federal program authorized by 42 U.S.C. sec. 6294a, as amended. (25) Executive director means the executive director of the department of public health and environment or the executive director's designee. (26) Faucet means: (a) A public or private lavatory faucet, residential kitchen faucet, or metering faucet; or (b) A replacement aerator for a public or private lavatory faucet or residential kitchen faucet. (27) Flushometer-valve water closet means a type of commercial toilet that uses a valve for flushing by operation of a handle that discharges a definite quantity of water under pressure directly into the fixture. (28) Gas fireplace means a decorative gas fireplace or a heating gas fireplace. (29) Gas log set means a fireplace product designed to be used and installed in a working masonry or factory-built wood-burning fireplace and vented through a chimney by natural drafting or power venting. (30) GPM means gallons per minute. (31) Handheld showerhead means a showerhead that is connected to a flexible hose and can be held or fixed in place for the purpose of spraying water on a bather. (32) Heating gas fireplace means a vented fireplace, including a unit that is freestanding, recessed, or zero clearance or a fireplace insert, that is: (a) Fueled by natural gas or propane; and (b) Not a decorative gas fireplace. (33) High CRI fluorescent lamp means a fluorescent lamp with a color rendering index of eighty-seven or greater that is not a compact fluorescent lamp. (34) ICC means the International Code Council or its successor organization. (35) Impact-resistant fluorescent lamp means a fluorescent lamp that: (a) Is not a compact fluorescent lamp; (b) Has a coating or equivalent technology that is compliant with NSF/ANSI 51 and is designed to contain the glass if the glass envelope of the lamp is broken; and (c) Is designated and marketed for the intended application, with: (I) The designation appearing on the lamp packaging; and (II) Marketing materials that identify the lamp as being impact-resistant, shatter-resistant, shatterproof, or shatter-protected. (36) Industrial air purifier means an indoor air cleaning device that is: (a) Manufactured, advertised, marketed, labeled, and used solely for industrial purposes; (b) Marketed solely through industrial supply outlets or businesses; and (c) Prominently labeled as Solely for industrial use. Potential health hazard: emits ozone. (37) Inline residential ventilating fan means a ventilating fan that is located within the structure of a building and requires ductwork on both the inlet and the outlet. (38) Irrigation controller means a standalone controller, an add-on device, or a plug-in device that is used to operate an automatic irrigation system such as a lawn sprinkler or drip irrigation system designed and intended for nonagricultural purposes. Irrigation controller includes: (a) A soil moisture-based irrigation controller that inhibits or allows an irrigation event based on a reading from a soil moisture sensor mechanism; and (b) A weather-based irrigation controller that uses current weather data as a basis for scheduling irrigation. (39) (a) Lamp means a device that emits light and is used to illuminate an indoor or outdoor space. (b) Lamp does not include a heat lamp. (40) LED means light-emitting diode. (41) Metering faucet means a self-closing faucet that dispenses a specific volume of water for each actuation cycle and for which the volume or cycle duration may be fixed or adjustable. (42) NSF means NSF International, formerly known as the National Sanitation Foundation. (43) NSF/ANSI 51 means the NSF/ANSI 51 standard for food equipment materials. (44) Plumbing fixture means an exchangeable device that connects to a plumbing system to deliver water or drain water and waste. (45) Portable air conditioner means a portable encased assembly, other than a packaged terminal air conditioner, ductless portable air conditioner, room air conditioner, or dehumidifier, that: (a) Delivers cooled, conditioned air to an enclosed space; (b) Is powered by single-phase electric current; (c) Includes a source of refrigeration; (d) May be a single-duct or dual-duct portable air conditioner; and (e) May include additional means for air circulation and heating. (46) Portable electric spa means a factory-built electric spa or hot tub that may include any combination of integral controls, water heating, and water circulating equipment. (47) Pressure regulator means a device that maintains constant operating pressure immediately downstream from a spray sprinkler body, given higher pressure upstream of the device. (48) Private lavatory faucet means a bathroom faucet that, as installed, is not in a location that is available to the public, including a lavatory faucet in a private residence. (49) Programmable thermostat means a thermostat that: (a) Controls a primary heating or cooling system on a daily schedule to maintain different temperatures during certain times of day and days of the week; and (b) Has the capability to maintain zone temperatures between fifty-five degrees Fahrenheit and eighty-five degrees Fahrenheit. (50) PSI means pounds per square inch. (51) Public lavatory faucet means a fitting designed and marketed for installation in a nonresidential bathroom, which bathroom is exposed to walk-in traffic. (52) Replacement aerator means an aerator sold as a replacement, separate from the faucet to which it is intended to be attached. (53) Residential building means a structure that is used primarily for living and sleeping and that is zoned as residential or otherwise subject to residential building codes. For the purposes of residential windows, doors, and skylights, residential building means a building that is three stories or less in height. (54) Residential door means a sliding or swinging entry system that is installed or designed for installation in a vertical wall separating conditioned and unconditioned space in a residential building. (55) Residential kitchen faucet means a faucet in a kitchen of a residential building. (56) Residential skylight means a window that is designed for sloped or horizontal application in the roof of a residential building, the primary purpose of which window is to provide daylight or ventilation. Residential skylight includes a tubular daylighting device. (57) Residential ventilating fan means a ceiling-mounted, a wall-mounted, or an inline residential fan that is designed to be used in a bathroom or a utility room for the purpose of moving air from inside a residential building to the outdoors. (58) (a) Residential window means an assembled unit that: (I) Consists of a frame that holds one or more pieces of glass or other glazing material that admits light or air into an enclosure; and (II) Is designed for installation at a slope of at least sixty degrees from horizontal in an external wall of a residential building. (b) Residential window includes a transom window but does not include a residential skylight. (59) Showerhead means a device through which water is discharged for a shower bath. Showerhead includes a handheld showerhead but does not include an emergency showerhead such as a showerhead used in a laboratory or industrial setting. (60) Showerhead tub spout diverter combination means a control valve, tub spout diverter, and showerhead that are sold together as a matched set. (61) Smart thermostat means a thermostat that: (a) Is enabled for wireless connectivity; (b) Allows the user to control home heating and cooling temperature settings from a computer or from a phone, a tablet, or another computer-enabled device; and (c) Can automatically adjust heating and cooling temperature settings based on user preferences, daily schedules, weather conditions, occupancy, or optimal energy savings. (62) Spray sprinkler body means the exterior case or shell of a sprinkler designed and intended for nonagricultural uses, which case or shell: (a) Incorporates a means of connection to the piping system; and (b) Is designed to convey water to a nozzle or orifice. (63) Tub spout diverter means a device that is designed to divert the flow of water into a bathtub so the water discharges through a showerhead. (64) Tubular daylighting device means a building component that receives daylight in a rooftop dome and transfers the daylight indoors through a highly reflective tube. (65) Urinal means a plumbing fixture that receives liquid body waste and conveys the waste through a trap seal into a gravity drainage system. (66) Water closet means a plumbing fixture that has a water-containing receptor that receives liquid and solid body waste through an exposed integral trap and conveys the waste into a drainage system. Water closet includes both tank-type and flushometer-valve water closets. (67) Water cooler means a freestanding device that consumes energy to cool or heat, or both cool and heat, potable water. Water cooler includes: (a) A cold-only unit that dispenses only cold water; (b) A hot-and-cold unit that dispenses both hot and cold water and, in some models, also room temperature water; (c) A cook-and-cold unit that dispenses both room temperature and cold water; (d) A storage-type unit that instantaneously delivers water from a storage tank within the unit, including point-of-use, dry storage compartment, and bottled water coolers; and (e) An on-demand unit that heats water as it is requested, typically within a few minutes. (68) WaterSense-listed plumbing fixture means a plumbing fixture or plumbing fixture fitting that has been: (a) Tested by an accredited third-party certifying body or laboratory in accordance with the federal environmental protection agency's WaterSense program or a successor program; (b) Certified by the body or laboratory as meeting the performance and efficiency requirements of the WaterSense program; and (c) Authorized by the WaterSense program to use its label. (69) WaterSense program means the federal program authorized by 42 U.S.C. sec. 6294b. Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3271, � 1, effective August 2. L. 2023: Entire section amended, (HB 23-1161), ch. 285, p. 1689, � 1, effective August 7. Editor's note: This section is similar to former � 6-7.5-101 as it existed prior to 2019. 6-7.5-103. Low-efficiency plumbing fixtures. (Repealed) Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3277, � 1, effective August 2. L. 2023: Entire section repealed, (HB 23-1161), ch. 285, p. 1700, � 2, effective August 7. Editor's note: This section was similar to former � 6-7.5-102 as it existed prior to 2019. 6-7.5-104. Scope and applicability. (1) Subject to subsection (2) of this section and as further specified in section 6-7.5-105, this article 7.5 applies to the following products sold as new in Colorado: (a) Repealed. (a.3) Air purifiers; (a.6) Cold-temperature fluorescent lamps; (b) Commercial dishwashers; (c) Commercial fryers; (d) Commercial hot food holding cabinets; (d.5) Commercial ovens; (e) Commercial steam cookers; (f) Computers and computer monitors; (f.2) Electric storage water heaters; (f.5) Electric vehicle supply equipment; (g) Faucets; (h) Repealed. (i) Gas fireplaces; (j) High CRI fluorescent lamps; (j.5) Impact-resistant fluorescent lamps; (j.7) Irrigation controllers; (k) Portable air conditioners; (l) Portable electric spas; (l.4) Residential doors; (l.6) Residential skylights; (m) Residential ventilating fans; (m.6) Residential windows; (m.8) Showerheads; (n) Spray sprinkler bodies; (o) Thermostats; (o.2) Tub spout diverters and showerhead tub spout diverter combinations; (o.4) Urinals; (o.6) Water closets; (p) Water coolers; and (q) Other products as may be designated by the executive director pursuant to section 6-7.5-106. (2) This article 7.5 does not apply to: (a) Products installed in mobile manufactured homes at the time of construction; (b) Products designed expressly for installation and use in recreational vehicles; or (c) Products held in inventory on or before: (I) The effective date of the applicable standard for each category of product set forth in this article 7.5; or (II) The effective date for each category of products, as determined by the executive director by rule pursuant to section 6-7.5-106. (3) This article 7.5 is not enforceable against an employee of a contractor who installs, repairs, or replaces appliances and collects from the customer an amount representing both parts and labor. (4) This article 7.5 does not preempt any action of a statutory or home rule municipality, county, or city and county that prescribes additional or more restrictive water conservation or energy efficiency requirements affecting the sale or use of plumbing fixtures, appliances, or other products if the requirements comply with the standards specified in this article 7.5. Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3277, � 1, effective August 2. L. 2023: (1)(a) and (1)(h) repealed, (1)(a.3), (1)(a.6), (1)(d.5), (1)(f.2), (1)(f.5), (1)(j.5), (1)(j.7), (1)(l.4), (1)(l.6), (1)(m.6), (1)(m.8), (1)(o.2), (1)(o.4), (1)(o.6), (1)(q), and (4) added, and (1)(i), (1)(o), (1)(p), and (2)(c) amended, (HB 23-1161), ch. 285, p. 1700, � 3, effective August 7. 6-7.5-105. Standards - effective dates - repeal. (1) On and after August 7, 2023, 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 that 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. Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3278, � 1, effective August 2. L. 2023: (1), IP(3), (3)(a), (3)(b), (3)(c), (3)(d), (3)(h), (3)(i), (3)(j), (3)(k), and IP(3)(m) amended, (2), (3)(g), (3)(l), and (4)(a) repealed, and (5) added, (HB 23-1161), ch. 285, p. 1701, � 4, effective August 7. L. 2024: (5)(j) amended, (SB 24-214), ch. 191, p. 1091, � 4, effective May 17. 6-7.5-106. New and revised standards - rules. (1) 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. (2) On or before January 1, 2026, and on or before January 1 every five years thereafter, the executive director shall promulgate rules establishing standards for products that are not described in section 6-7.5-104 or 6-7.5-105 if such standards: (a) Would improve energy or water conservation in the state; and (b) Exist in at least three other states or are published in finalized form by the Energy Star program or the WaterSense program. (3) After January 1, 2026, the executive director shall allow a one-year grace period after any standard, standard version, definition, or test method referenced in this article 7.5 is updated, during which time a product may meet either the previous standard or the updated standard, standard version, definition, or test method, as applicable. Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3281, � 1, effective August 2. L. 2023: Entire section amended, (HB 23-1161), ch. 285, p. 1705, � 5, effective August 7. 6-7.5-107. 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. 6-7.5-108. Utility programs during transition period. (1) Should one or more products described in this article 7.5 be subject to withdrawal, repeal, or other actions that declare a federal standard invalid as described in section 6-7.5-107, the public utilities commission shall permit a three-year phaseout for a utility operating energy efficiency programs that create incentives for or otherwise encourage the use of high-efficiency versions of the affected products. This phaseout shall commence on or after the date specified in section 6-7.5-105; shall apply only to energy savings that will be mandated under this article 7.5; shall occur in equal reductions for each transition year; and must permit an orderly adjustment of the appliance or lighting market to ensure that residents and businesses in Colorado are not negatively affected by changes in product selection, business practices, and energy efficiency program opportunities related to the affected appliances or lighting products. (2) For products listed in this article 7.5 that are not subject to withdrawal or repeal, the public utilities commission shall allow at least a one-year transition for utility-sponsored energy efficiency programs starting on or after the date specified in section 6-7.5-105. Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3282, � 1, effective August 2. 6-7.5-109. Testing, certification, labeling, and enforcement - rules - verifications of compliance - publication of material incorporated by reference. (1) Unless a product appears in the state appliance standards database maintained by the Northeast Energy Efficiency Partnerships, or a successor organization, or in a public database of compliant products maintained by other states or federal agencies with equivalent or more stringent efficiency standards, 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: (a) Submitting test sample results to the executive director, using test methods and procedures adopted pursuant to this article 7.5; (b) Affixing a mark, label, or tag to the product and packaging at the time of sale or installation that demonstrates compliance with other state or federal agencies that have equivalent or more stringent efficiency standards; or (c) Submitting such other proof as the executive director may deem appropriate to show that the product complies with equivalent or more stringent efficiency standards adopted by other states or federal agencies. (2) The executive director may adopt rules as necessary to ensure the proper implementation and enforcement of this article 7.5. (3) On or before January 1, 2026, the executive director shall collect and make publicly available in written and electronic form the federal rules and other rules and standards referred to in this article 7.5. The executive director shall update the publicly available rules and standards as they may be updated or added in accordance with section 6-7.5-106. (4) The executive director shall: (a) Verify major retailers' and distributors' compliance with the provisions of this article 7.5 through online spot-checks, coordination with other states that have similar standards, or both; (b) Conduct such verifications at least once before January 1, 2027, and again at least once before January 1, 2032; (c) Deliver a report on the method and findings of the verifications to the energy and environment committee of the house of representatives and to the transportation and energy committee of the senate, or to any successor committees, and post the report to the department of public health and environment's website within one month after its completion; and (d) Deliver any findings of violations to the attorney general. (5) On or before January 1, 2026, the executive director shall establish a process whereby individuals may anonymously report potential violations of this article 7.5 on the department of public health and environment's public website. The executive director shall investigate any reported potential violation and shall report any confirmed violations to the attorney general. Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3282, � 1, effective August 2. L. 2023: IP(1) amended and (3), (4), and (5) added, (HB 23-1161), ch. 285, p. 1706, � 6, effective August 7. 6-7.5-110. Penalties - civil action by attorney general. (1) A person shall not sell or offer to sell any new consumer product that is required to meet a standard established in this article 7.5 but that the person knows does not meet that standard. (2) Whenever the attorney general has probable cause to believe that any person or group of persons has violated or caused another to violate subsection (1) of this section, the attorney general may bring a civil action on behalf of the state to seek the imposition of civil penalties as follows: (a) Any person who violates or causes another to violate subsection (1) of this section shall forfeit and pay a civil penalty of not more than two thousand dollars for each such violation, which amount shall be transferred to the state treasurer to be credited to the energy fund created in section 24-38.5-102.4. For purposes of this subsection (2)(a), a violation constitutes a separate violation with respect to each transaction or online for-sale product listing involved; except that the maximum civil penalty may not exceed five hundred thousand dollars for any related series of violations. (b) Any person who violates or causes another to violate any provision of this article 7.5, where such violation was committed against an elderly person, shall forfeit and pay to the general fund of the state a civil penalty of not more than ten thousand dollars for each such violation. For purposes of this subsection (2)(b), a violation of this section constitutes a separate violation with respect to each elderly person involved. Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3282, � 1, effective August 2. L. 2023: (2)(a) amended, (HB 23-1161), ch. 285, p. 1707, � 7, effective August 7. ARTICLE 7.7 Standards for Construction Projects that Receive State Financial Assistance 6-7.7-101. Legislative declaration. (1) The general assembly finds that: (a) Appliances certified by the Energy Star program meet strict energy efficiency and performance guidelines set by the federal environmental protection agency and the United States department of energy and can save an estimated twenty to thirty percent more energy than appliances that are not certified by the Energy Star program; (b) New building construction projects that use taxpayer dollars to purchase equipment should ensure that the equipment has lower lifetime costs to operate and maintain; (c) Many projects that receive state financial assistance aim to assist vulnerable lower-income households, and installing appliances certified by the Energy Star program could lower the costs of the energy bills of these households over time; and (d) Saving energy is crucial in: (I) Avoiding the most serious effects of climate change and preserving Colorado's way of life, the health of communities, and the natural environment; (II) Achieving the statewide greenhouse gas emission reduction goals; and (III) Reducing costs for Coloradans. (2) The general assembly therefore determines and declares that it is in the public interest of the health and environment of the state to require that new building construction projects that receive state financial assistance use covered energy-consuming products that are certified by the Energy Star program. Source: L. 2024: Entire article added, (SB 24-214), ch. 191, p. 1089, � 3, effective May 17. 6-7.7-102. Definitions. As used in this article 7.7, unless the context otherwise requires: (1) Covered energy-consuming product means an appliance, device, or piece of equipment that is: (a) Powered by electricity or fuel; (b) Designed to perform one or more specific tasks inside a residential or commercial building, such as cooking, washing, drying, heating, cooling, providing domestic hot water, printing, or digital entertainment; and (c) Covered within the scope of the Energy Star program. (2) Energy Star program means the federal program authorized by 42 U.S.C. sec. 6294a, as amended. (3) Social cost of carbon means the social cost of carbon dioxide emissions developed by the public utilities commission pursuant to section 40-3.2-106. (4) State financial assistance means allocations from the general fund or other legislative allocations, state taxpayer funds, rebates, grants, or loans provided or administered by the state. Source: L. 2024: Entire article added, (SB 24-214), ch. 191, p. 1090, � 3, effective May 17. 6-7.7-103. Energy-efficiency standards for certain building construction projects that receive state financial assistance - record retention requirements - waivers - exemptions - standardized resources - enforcement - civil penalties. (1) On and after January 1, 2025, except as set forth in subsection (3) or (4) of this section, recipients of state financial assistance for new building construction projects that include the specification, provision, or purchase of covered energy-consuming products shall use covered energy-consuming products certified by the Energy Star program. (2) On and after January 1, 2025, a state agency that provides or administers state financial assistance for a new building construction project shall: (a) Include the requirements of subsection (1) of this section in the state agency's criteria or guidance for applying for or receiving state financial assistance for new building construction projects; (b) Request an attestation signed b