Bill Summary – FastDemocracy

APPROVED                CHAPTER
                                                                   JULY 8, 2021              433
                                                              BY GOVERNOR              PUBLIC LAW
                                 STATE OF MAINE
                                            _____
                         IN THE YEAR OF OUR LORD
                       TWO THOUSAND TWENTY-ONE
                                            _____
                                 H.P. 696 - L.D. 940
         An Act To Establish Appliance Energy and Water Standards
Be it enacted by the People of the State of Maine as follows:
   Sec. 1. 38 MRSA §1613 is enacted to read:
§1613. Appliance and product efficiency standards
    1. Sale prohibition; appliances and products. The following provisions apply to the
sale or offering for sale in the State of certain new appliances and products.
   A. Except as provided in subsection 2, beginning January 1, 2023, a person may not
   sell or offer for sale in the State any of the following appliances and products
   manufactured on or after January 1, 2023 that are prohibited from sale in rules adopted
   by the department in accordance with subsection 3:
       (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 rules adopted by the department under
   subsection 3, 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
                                     Page 1 - 130LR1431(05)
    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 department shall, to
    the greatest extent practicable and where consistent with the requirements of this
    subsection, use information available from other states that regulate the same
    appliances and products.
    C. A person who violates paragraph A commits a civil violation for which a fine of
    not more than $100 may be adjudged.
     2. Exclusions; federal preemption. This section does not apply to any appliances
and products listed in subsection 1, paragraph A, subparagraphs (1) to (8) that are
manufactured before January 1, 2023 or that are sold or offered for sale in the State in used
condition. An appliance or product listed in subsection 1, paragraph A is exempt from the
prohibitions in this section and the rules adopted pursuant to this section if state regulation
of the appliance or product is preempted by federal statute or regulation, for as long as that
federal preemption remains in effect.
    3. Rules. The department may adopt rules to prohibit the sale or offering for sale in
the State of appliances or products described in subsection 1, paragraph A. Rules adopted
pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375,
subchapter 2-A.
   Sec. 2. Memorandum of understanding regarding technical assistance to
consumers and businesses. The Department of Environmental Protection 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 38, section 1613.
    Sec. 3. Appropriations and allocations. The following appropriations and
allocations are made.
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Maine Environmental Protection Fund 0421
Initiative: Provides appropriations for one Environmental Specialist III position and
associated costs.
GENERAL FUND                                                       2021-22           2022-23
 POSITIONS - LEGISLATIVE COUNT                                        0.000            1.000
 Personal Services                                                       $0          $85,182
 All Other                                                               $0          $18,000
                                                                __________       __________
GENERAL FUND TOTAL                                                       $0         $103,182
                                    Page 2 - 130LR1431(05)
Statutes affected: 
Bill Text LD 940, HP 696: 2.9