SENATE BILL 418
P1, P3, M5 1lr0054
By: Senators Pinsky, Lee, and Guzzone
Introduced and read first time: January 20, 2021
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
1 AN ACT concerning
2 Maryland Energy Administration – Energy and Water Efficiency Standards –
3 Alterations
4 FOR the purpose of repealing certain provisions of law regarding the adoption of
5 regulations establishing certain efficiency standards; repealing certain provisions of
6 law prohibiting the sale or offering for sale of certain products; altering the
7 application of certain testing, certification, and enforcement requirements for certain
8 efficiency standards; requiring the Maryland Energy Administration to review
9 certain efficiency standards on or before a certain date; authorizing the
10 Administration to adopt regulations on efficiency standards for certain products on
11 or before a certain date; prohibiting the sale or offering for sale of certain products
12 in the State under certain circumstances beginning on a certain date; prohibiting the
13 installation of certain products in the State under certain circumstances beginning
14 on a certain date; requiring the Administration to adopt regulations on efficiency
15 standards for certain products on or before a certain date; requiring that certain
16 regulations provide certain minimum efficiency standards; authorizing the
17 Administration to coordinate with national voluntary certification programs;
18 authorizing a manufacturer that has certified a product to the WaterSense Program
19 to use that certification in lieu of a separate Maryland certification under certain
20 circumstances; including the Maryland Department of Labor as one of the agencies
21 with which the Administration must coordinate on certain matters; specifying the
22 minimum efficiency standard for certain products under certain circumstances;
23 defining certain terms; repealing certain definitions; making conforming changes
24 and technical corrections; and generally relating to energy and water efficiency
25 standards.
26 BY repealing
27 Article – State Government
28 Section 9–2006(a)(2) through (32) and (c) through (f)
29 Annotated Code of Maryland
30 (2014 Replacement Volume and 2020 Supplement)
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0418*
2 SENATE BILL 418
1 BY repealing and reenacting, without amendments,
2 Article – State Government
3 Section 9–2006(a)(1)
4 Annotated Code of Maryland
5 (2014 Replacement Volume and 2020 Supplement)
6 BY adding to
7 Article – State Government
8 Section 9–2006(a)(2) through (17), (c), (d), and (m)
9 Annotated Code of Maryland
10 (2014 Replacement Volume and 2020 Supplement)
11 BY repealing and reenacting, with amendments,
12 Article – State Government
13 Section 9–2006(a)(33), (b), and (g) through (n)
14 Annotated Code of Maryland
15 (2014 Replacement Volume and 2020 Supplement)
16 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
17 That Section(s) 9–2006(a)(2) through (32) and (c) through (f) of Article – State Government
18 of the Annotated Code of Maryland be repealed.
19 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
20 as follows:
21 Article – State Government
22 9–2006.
23 (a) (1) In this section the following words have the meanings indicated.
24 (2) (I)
“AIR PURIFIER”, ALSO KNOWN AS A “ROOM AIR CLEANER”,
25 MEANS AN ELECTRIC, CORD–CONNECTED, PORTABLE APPLIANCE THAT PRIMARILY
26 FUNCTIONS TO REMOVE PARTICULATE MATTER FROM THE AIR.
27 (II)
“AIR PURIFIER” DOES NOT INCLUDE INDOOR AIR CLEANING
28 DEVICES THAT ARE MANUFACTURED, ADVERTISED, MARKETED, AND LABELED FOR
29 INDUSTRIAL USE.
30 (3)“COMMERCIAL DISHWASHER” MEANS A MACHINE DESIGNED TO
31 CLEAN AND SANITIZE DINNERWARE, FLATWARE, COOKING UTENSILS, AND SIMILAR
32 ITEMS BY APPLYING SPRAYS OF DETERGENT SOLUTION AND A SANITIZING RINSE.
33 (4) (I)
“COMMERCIAL STEAM COOKER”, ALSO KNOWN AS A
34 “COMPARTMENT STEAMER”, MEANS A DEVICE WITH ONE OR MORE FOOD–STEAMING
SENATE BILL 418 3
1 COMPARTMENTS IN WHICH THE ENERGY IN THE STEAM IS TRANSFERRED TO THE
2 FOOD BY DIRECT CONTACT.
3 (II) “COMMERCIAL STEAM COOKER” INCLUDES:
4 1. COUNTERTOP MODELS;
5 2. WALL–MOUNTED MODELS; AND
6 3. FLOOR MODELS MOUNTED ON A STAND, PEDESTAL,
7 OR CABINET–STYLE BASE.
8 (5) “ELECTRIC VEHICLE SUPPLY EQUIPMENT” MEANS THE FITTINGS,
9 DEVICES, AND APPARATUSES INSTALLED SPECIFICALLY FOR THE PURPOSE OF
10 DELIVERING ENERGY FROM A PREMISES’ WIRING TO AN ELECTRIC VEHICLE,
11 INCLUDING:
12 (I) UNGROUNDED CONDUCTORS;
13 (II) GROUNDED CONDUCTORS;
14 (III) EQUIPMENT GROUNDING CONDUCTORS;
15 (IV) ELECTRIC VEHICLE CONNECTORS;
16 (V) ATTACHMENT PLUGS; AND
17 (VI) POWER OUTLETS.
18 (6) (I) “FAUCET” MEANS A DEVICE:
19 1. BY WHICH WATER FLOWS FROM A PIPE OR
20 CONTAINER; AND
21 2. THAT CAN CONTROL THE FLOW OF WATER FROM THE
22 PIPE OR CONTAINER.
23 (II) “FAUCET” INCLUDES:
24 1. A PRIVATE LAVATORY FAUCET;
25 2. A PUBLIC LAVATORY FAUCET;
4 SENATE BILL 418
1 3. A RESIDENTIAL KITCHEN FAUCET;
2 4.A FITTING THAT, WHEN TURNED ON, WILL
3 GRADUALLY SHUT ITSELF OFF OVER A PERIOD OF SEVERAL SECONDS; AND
4 5.A REPLACEMENT AERATOR FOR A PRIVATE LAVATORY
5 FAUCET, PUBLIC LAVATORY FAUCET, OR RESIDENTIAL KITCHEN FAUCET.
6 (7) (I) “HIGH COLOR RENDERING INDEX FLUORESCENT LAMP” OR
7 “HIGH CRI FLUORESCENT LAMP” MEANS A FLUORESCENT LAMP WITH A COLOR
8 RENDERING INDEX OF 87 OR GREATER.
9 (II)“HIGH COLOR RENDERING INDEX FLUORESCENT LAMP”
10 DOES NOT INCLUDE A COMPACT FLUORESCENT LAMP.
11 (8)
“PORTABLE ELECTRIC SPA” MEANS A FACTORY–BUILT ELECTRIC
12 SPA OR HOT TUB THAT USES WATER–HEATING OR WATER–CIRCULATING
13 EQUIPMENT.
14 (9) “PUBLIC LAVATORY FAUCET” MEANS A FAUCET DESIGNED TO BE
15 INSTALLED IN A PUBLIC BATHROOM.
16 (10) “REPLACEMENT AERATOR” MEANS AN AERATOR SOLD:
17 (I) AS A REPLACEMENT; AND
18 (II)SEPARATELY FROM THE FAUCET FOR WHICH THE AERATOR
19 WAS INTENDED TO BE ATTACHED.
20 (11) “RESIDENTIAL VENTILATING FAN” MEANS A CEILING FAN,
21 WALL–MOUNTED FAN, OR A FAN MOUNTED OUTSIDE OF THE AREA TO BE
22 VENTILATED (ALSO KNOWN AS A REMOTELY MOUNTED FAN) THAT IS DESIGNED TO
23 MOVE AIR FROM INSIDE A BUILDING TO THE OUTDOORS, SUCH AS FANS USED IN A
24 BATHROOM OR UTILITY ROOM.
25 (12) “RETAILER” MEANS A PERSON ENGAGED IN THE BUSINESS OF
26 MAKING RETAIL SALES WITHIN THE STATE.
27 (13) (I) “SHOWERHEAD” MEANS A DEVICE THROUGH WHICH
28 WATER IS DISCHARGED FOR A SHOWER OR BATH.
29 (II) “SHOWERHEAD” INCLUDES A HAND–HELD SHOWERHEAD.
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1 (III) “SHOWERHEAD” DOES NOT INCLUDE SAFETY EQUIPMENT
2 SUCH AS EYEWASH STATIONS OR DRENCH SHOWERS.
3 (14) “SPRAY SPRINKLER BODY” MEANS THE EXTERIOR CASE OR SHELL
4 OF A SPRINKLER THAT:
5 (I) CONNECTS TO THE WATER SYSTEM PIPING; AND
6 (II) HOUSES A SPRAY NOZZLE THAT APPLIES WATER TO THE
7 GROUND.
8 (15) (I) “URINAL” MEANS A PLUMBING FIXTURE THAT:
9 1. IS DESIGNED TO RECEIVE LIQUID BODY WASTE FROM
10 A STANDING PERSON; AND
11 2. CONVEYS THE WASTE INTO A DRAINAGE SYSTEM.
12 (II) “URINAL” DOES NOT INCLUDE:
13 1. URINALS DESIGNED AND MARKETED EXCLUSIVELY
14 FOR USE AT PRISONS OR MENTAL HEALTH FACILITIES; AND
15 2. THROUGH–TYPE URINALS.
16 (16) (I) “WATER CLOSET” MEANS A PLUMBING FIXTURE HAVING A
17 WATER–CONTAINING RECEPTACLE DESIGNED TO DISPOSE OF LIQUID AND SOLID
18 BODY WASTE THROUGH A DRAINAGE SYSTEM.
19 (II)“WATER CLOSET” DOES NOT INCLUDE A DUAL–FLUSH
20 TANK–TYPE WATER CLOSET.
21 (17) (I) “WATER COOLER” MEANS A FREESTANDING DEVICE THAT
22 USES ENERGY TO COOL OR HEAT POTABLE WATER.
23 (II) “WATER COOLER” INCLUDES:
24 1. COLD ONLY UNITS THAT DISPENSE ONLY COLD
25 WATER;
26 2. HOT AND COLD UNITS THAT DISPENSE BOTH HOT AND
27 COLD WATER;
6 SENATE BILL 418
1 3.
HOT AND COLD UNITS THAT DISPENSE HOT, COLD,
2 AND ROOM TEMPERATURE WATER;
3 4.
COOK AND COLD UNITS THAT DISPENSE BOTH COLD
4 AND ROOM TEMPERATURE WATER; AND
5 5. STORAGE–TYPE UNITS THAT STORE THERMALLY
6 CONDITIONED WATER IN A TANK INSIDE THE WATER COOLER THAT IS AVAILABLE
7 INSTANTANEOUSLY, INCLUDING POINT–OF–USE, DRY STORAGE COMPARTMENT,
8 AND BOTTLED WATER COOLERS.
9 [(33)] (18) “Widely available in Maryland” means a conforming product
10 available in the State from three or more manufacturers.
11 (b) (1) This section applies to the testing, certification, and enforcement of
12 efficiency standards for the following types of new products sold, offered for sale, or
13 installed in the State:
14 (i) [torchiere lighting fixtures;
15 (ii) unit heaters;
16 (iii) low–voltage dry–type distribution transformers;
17 (iv) ceiling fan light kits;
18 (v) red and green traffic signal modules;
19 (vi) illuminated exit signs;
20 (vii) commercial refrigeration cabinets;
21 (viii) large packaged air–conditioning equipment;
22 (ix) commercial clothes washers;
23 (x) bottle–type water dispensers;
24 (xi) commercial hot food holding cabinets;
25 (xii) metal halide lamp fixtures;
26 (xiii) residential furnaces;
27 (xiv) single–voltage external AC to DC power supplies;
SENATE BILL 418 7
1 (xv) state–regulated incandescent reflector lamps; and
2 (xvi) walk–in refrigerators and freezers] ELECTRIC VEHICLE
3 SUPPLY EQUIPMENT;
4 (II) HIGH CRI FLUORESCENT LAMPS;
5 (III) PORTABLE ELECTRIC SPAS;
6 (IV) AIR PURIFIERS;
7 (V) COMMERCIAL DISHWASHERS;
8 (VI) COMMERCIAL STEAM COOKERS;
9 (VII) FAUCETS;
10 (VIII) RESIDENTIAL VENTILATING FANS;
11 (IX) SHOWERHEADS;
12 (X) SPRAY SPRINKLER BODIES;
13 (XI) URINALS;
14 (XII) WATER CLOSETS; AND
15 (XIII) WATER COOLERS.
16 (2) This section does not apply to:
17 (i) new products manufactured in the State and sold outside the
18 State;
19 (ii) new products manufactured outside the State and sold at
20 wholesale inside the State for final retail sale and installation outside the State;
21 (iii) products installed in mobile manufactured homes at the time of
22 construction;
23 (iv) products designed expressly for installation and use in
24 recreational vehicles OR MARINE VESSELS; or
25 (v) [residential furnaces that use natural gas or propane and that
26 are installed as a replacement for a previously installed furnace] PRODUCTS TO BE SOLD
8 SENATE BILL 418
1 AT RETAIL THAT ARE IN STOCK AT THE RETAIL ESTABLISHMENT BEFORE THE
2 EFFECTIVE DATE OF ANY EFFICIENCY STANDARD REGULATION FOR THAT ITEM.
3 (C) (1) ON OR BEFORE JANUARY 1, 2022, THE ADMINISTRATION:
4 (I)SHALL REVIEW MINIMUM EFFICIENCY STANDARDS
5 REGULATIONS FOR THE NEW PRODUCTS SPECIFIED IN SUBSECTION (B)(1)(I)
6 THROUGH (III) OF THIS SECTION; AND
7 (II) MAY ADOPT NEW REGULATIONS ESTABLISHING MINIMUM
8 EFFICIENCY STANDARDS FOR THE NEW PRODUCTS SPECIFIED IN SUBSECTION
9 (B)(1)(I) THROUGH (III) OF THIS SECTION.
10 (2) BEGINNING OCTOBER 1, 2023, A NEW PRODUCT SPECIFIED IN
11 SUBSECTION (B)(1)(I) THROUGH (III) OF THIS SECTION MAY NOT BE SOLD OR
12 OFFERED FOR SALE IN THE STATE UNLESS THE EFFICIENCY OF THE NEW PRODUCT
13 MEETS OR EXCEEDS THE EFFICIENCY STANDARDS SPECIFIED IN REGULATIONS
14 ADOPTED, IF ANY, UNDER PARAGRAPH (1) OF THIS SUBSECTION.
15 (3) (I)
THIS PARAGRAPH DOES NOT APPLY TO A PRODUCT THAT IS
16 SOLD BEFORE THE REGULATIONS ADOPTED, IF ANY, UNDER PARAGRAPH (1) OF THIS
17 SUBSECTION ARE IN EFFECT.
18 (II) BEGINNING OCTOBER 1, 2024, A NEW PRODUCT SPECIFIED
19 IN SUBSECTION (B)(1)(I) THROUGH (III) OF THIS SECTION MAY NOT BE INSTALLED
20 IN THE STATE UNLESS THE EFFICIENCY OF THE NEW PRODUCT MEETS OR EXCEEDS
21 THE EFFICIENCY STANDARDS SPECIFIED IN REGULATIONS ADOPTED, IF ANY, UNDER
22 PARAGRAPH (1) OF THIS SUBSECTION.
23 (D) (1) (I) ON OR BEFORE JANUARY 1, 2022, THE ADMINISTRATION
24 SHALL ADOPT REGULATIONS ESTABLISHING MINIMUM EFFICIENCY STANDARDS FOR
25 THE NEW PRODUCTS SPECIFIED IN SUBSECTION (B)(1)(IV) THROUGH (XIII) OF THIS
26 SECTION.
27 (II)
THE REGULATIONS SHALL PROVIDE FOR THE FOLLOWING
28 MINIMUM EFFICIENCY STANDARDS:
29 1.
AIR PURIFIERS SHALL MEET THE FOLLOWING
30 REQUIREMENTS AS MEASURED IN ACCORDANCE WITH THE ENERGY STAR PROGRAM
31 REQUIREMENTS PRODUCT SPECIFICATION FOR ROOM AIR CLEANERS, VERSION
32 2.0:
33 A. THE CLEAN AIR DELIVERY RATE FOR SMOKE MUST BE
SENATE BILL 418 9
1 30 OR GREATER;
2 B. FOR MODELS WITH A CLEAN AIR DELIVERY RATE FOR
3 SMOKE OF LESS THAN 100, THE CLEAN AIR DELIVERY RATE PER WATT FOR SMOKE
4 MUST BE GREATER THAN OR EQUAL TO 1.7;
5 C. FOR MODELS WITH A CLEAN AIR DELIVERY RATE FOR
6 SMOKE GREATER THAN OR EQUAL TO 100 AND LESS THAN 150, THE CLEAN AIR
7 DELIVERY RATE PER WATT FOR SMOKE MUST BE GREATER THAN OR EQUAL TO 1.9;
8 D. FOR MODELS WITH A CLEAN AIR DELIVERY RATE FOR
9 SMOKE GREATER THAN OR EQUAL TO 150, THE CLEAN AIR DELIVERY RATE PER
10 WATT FOR SMOKE MUST BE GREATER THAN OR EQUAL TO 2.0;
11 E. FOR OZONE–EMITTING MODELS, MEASURED OZONE
12 MUST BE LESS THAN OR EQUAL TO 50 PARTS PER BILLION;
13 F. FOR MODELS WITH A WI–FI NETWORK CONNECTION
14 ENABLED BY DEFAULT WHEN SHIPPED, PARTIAL ON–MODE POWER MAY NOT EXCEED
15 2 WATTS; AND
16 G. FOR MODELS WITHOUT A WI–FI NETWORK
17 CONNECTION ENABLED BY DEFAULT WHEN SHIPPED, PARTIAL ON–MODE POWER
18 MAY NOT EXCEED 1 WATT;
19 2. COMMERCIAL DISHWASHERS MUST MEET THE
20 APPLICABLE QUALIFICATION CRITERIA SPECIFIED IN THE ENERGY STAR PROGRAM
21 REQUIREMENTS PRODUCT SPECIFICATION FOR COMMERCIAL DISHWASHERS,
22 VERSION 2.0;
23 3. COMMERCIAL STEAM COOKERS MUST MEET THE
24 REQUIREMENTS SPECIFIED IN THE ENERGY STAR PROGRAM REQUIREMENTS
25 PRODUCT SPECIFICATION FOR COMMERCIAL STEAM COOKERS, VERSION 1.2;
26 4. FAUCETS MUST MEET THE FOLLOWING STANDARDS
27 WHEN TESTED IN ACCORDANCE WITH 10 C.F.R. § 430, SUBPART B, APPENDIX S,
28 COMPLIANCE WITH WHICH MUST BE VERIFIED BY USING THE UNIFORM TEST
29 METHOD FOR MEASURING THE WATER CONSUMPTION OF FAUCETS AND
30 SHOWERHEADS IN EFFECT ON JANUARY 1, 2020:
31 A. LAVATORY FAUCETS AND REPLACEMENT AERATORS
32 MUST NOT EXCEED A MAXIMUM FLOW RATE OF 1.5 GALLONS PER MINUTE AT 60
33 POUNDS PER SQUARE INCH;
10 SENATE BILL 418
1 B. RESIDENTIAL KITCHEN FAUCETS AND REPLACEMENT
2 AERATORS MUST NOT EXCEED A MAXIMUM FLOW RATE OF 1.8 GALLONS PER MINUTE
3 AT 60 POUNDS PER SQUARE INCH, WITH OPTIONAL TEMPORARY FLOW OF 2.2
4 GALLONS PER MINUTE PROVIDED THE FAUCET DEFAULTS TO A MAXIMUM FLOW
5 RATE OF 1.8 GALLONS PER MINUTE AT 60 POUNDS PER SQUARE INCH AFTER EACH
6 US