Md. Code Ann., State Gov't § 9-2006
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Current — January 1, 2023
As of January 1, 2022
(a) (1) In this section the following words have the meanings indicated.
(a) (1) In this section the following words have the meanings indicated.
(2) “Ballast” means a device used with an electric discharge lamp to obtain necessary circuit conditions, including voltage, current, and waveform, for starting and operating the lamp.
(3) “Bottle–type water dispenser” means a water dispenser that uses a bottle or reservoir as the source of potable water.
(4) “Ceiling fan” means a nonportable device that is suspended from a ceiling for the purpose of circulating air via the rotation of fan blades.
(5) “Ceiling fan light kit” means equipment designed to provide light from a ceiling fan, which can be:
(i) integral, such that the equipment is hardwired to the ceiling fan; or
(ii) attachable, such that at the time of sale the equipment is not physically attached to the ceiling fan but may be included inside the ceiling fan package at the time of sale or sold separately for subsequent attachment to the fan.
(6) “Commercial clothes washer” means a soft mount front–loading or soft mount top–loading clothes washer that is designed for use in:
(i) applications where the occupants of more than one household will be using it, including multifamily housing common areas and coin laundries; or
(ii) other commercial applications, if the clothes container compartment is not greater than:
1. 3.5 cubic feet for horizontal–axis clothes washers; or
2. 4.0 cubic feet for vertical–axis clothes washers.
(7) (i) “Commercial hot food holding cabinet” means a heated, fully enclosed compartment with one or more solid or glass doors that is designed to maintain the temperature of hot food that has been cooked in a separate appliance.
(ii) “Commercial hot food holding cabinet” does not include a heated glass merchandizing cabinet, drawer warmer, or cook–and–hold appliance.
(8) (i) “Commercial refrigeration cabinet” means a refrigerator, freezer, or refrigerator–freezer designed for use by commercial or institutional facilities for the purpose of storing food products, ice, or other perishable items at specified temperatures and that may be configured with either solid or transparent doors as a:
1. reach–in cabinet;
2. pass–through cabinet;
3. roll–in cabinet; or
4. roll–through cabinet.
(ii) “Commercial refrigeration cabinet” does not include:
1. a product with 85 cubic feet or more of internal volume;
2. a walk–in refrigerator or walk–in freezer;
3. a consumer product regulated under the National Appliance Energy Conservation Act of 1987 (Public Law 100–12); or
4. any refrigerator, freezer, or refrigerator–freezer designed and marketed exclusively for medical, scientific, or research purposes.
(9) (i) “Electricity ratio” is the ratio of furnace electricity use to total furnace energy use.
(ii) “Electricity ratio” is equal to a fraction:
1. the numerator of which is 3.412 times the average annual auxiliary electrical consumption as defined in Appendix N to subpart B of part 430 of title 10 of the Code of Federal Regulations; and
2. the denominator of which is the sum of:
A. 1,000 times the average annual fuel energy consumption as defined in Appendix N to subpart B of part 430 of title 10 of the Code of Federal Regulations, expressed in millions of B.T.U. per year; and
B. the amount calculated for the numerator.
(10) “High–intensity discharge lamp” means a lamp in which:
(i) light is produced by the passage of an electric current through a vapor or gas;
(ii) the light–producing arc is stabilized by bulb wall temperature; and
(iii) the arc tube has a bulb wall loading in excess of 3 watts per square centimeter.
(11) “Illuminated exit sign” means an internally illuminated sign that is designed to be permanently fixed in place to identify an exit and the background of which is not transparent.
(12) “Large packaged air–conditioning equipment” means packaged air–conditioning equipment with at least 20 tons but not more than 80 tons of cooling capacity.
(13) (i) “Low–voltage dry–type distribution transformer” means a distribution transformer that:
1. has an input voltage of 600 volts or less;
2. is air–cooled; and
3. does not use oil as a coolant.
(ii) “Low–voltage dry–type distribution transformer” does not include any of the following transformers:
1. an autotransformer in which the primary and secondary windings are not electronically isolated and at least a portion of the secondary voltage is derived from the primary winding;
2. a drive transformer designed only to provide power to operate an electronic variable speed motor drive;
3. a grounding transformer designed only to provide a system ground reference point;
4. a harmonic transformer designed to supply a load with a higher than normal harmonic current level and that has a k–rating of k–4 or greater;
5. an impedance transformer that has a specified impedance of less than 4% or greater than 8%;
6. a machine tool transformer designed only to provide power to machine tool equipment;
7. a rectifier transformer designed to provide power only to a rectifier circuit and that has a nameplate rating for both the fundamental frequency power rating and the RMS power rating;
8. a regulating transformer with automatic tap changers;
9. a sealed and nonventilating transformer designed to prevent airflow through the transformer;
10. a testing transformer designed only as part of, or to supply power to, electrical test equipment;
11. a UPS transformer designed only as an integral part of an uninterruptible power system; or
12. a welding transformer designed only to provide power to welding equipment.
(14) “Metal halide lamp” means a high intensity discharge lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation, and possibly in combination with metallic vapors.
(15) “Metal halide lamp fixture” means a light fixture designed to be operated with a metal halide lamp and a ballast for a metal halide lamp.
(16) “Packaged air–conditioning equipment” means air–conditioning equipment that is built as a package and shipped as a whole to end–user sites.
(17) “Pass–through cabinet” means a commercial refrigerator or commercial freezer with hinged or sliding doors on both the front and rear of the refrigerator or freezer.
(18) “Probe–start metal halide ballast” means a ballast used to operate metal halide lamps, that:
(i) does not contain an igniter; and
(ii) starts lamps by using a third starting electrode probe in the arc tube.
(19) (i) “Reach–in cabinet” means a commercial refrigerator, commercial freezer, or commercial refrigerator–freezer with hinged or sliding doors or lids.
(ii) “Reach–in cabinet” does not include a roll–in or roll–through cabinet or a pass–through cabinet.
(20) “Residential furnace” means a self–contained space heater that:
(i) is designed to supply heated air through ducts of more than 10 inches in length;
(ii) uses single–phase electric current or DC current in conjunction with natural gas or propane; and
(iii) 1. is designed to be the principal heating source for the living space of one or more residences;
2. is not contained within the same cabinet with a central air conditioner whose rated cooling capacity is above 65,000 B.T.U. per hour; and
3. has a heat input rate of less than 225,000 B.T.U. per hour.
(21) “Retailer” means a person engaged in the business of making retail sales within the State.
(22) “Roll–in cabinet” means a commercial refrigerator or commercial freezer with hinged or sliding doors that allow wheeled racks of product to be rolled into the refrigerator or freezer.
(23) “Roll–through cabinet” means a commercial refrigerator or commercial freezer with hinged or sliding doors that allow wheeled racks of product to be rolled through the refrigerator or freezer.
(24) “Single–voltage external AC to DC power supply” means a device that:
(i) is designed to convert line voltage AC input into lower voltage DC output;
(ii) is able to convert to only one DC output voltage at a time;
(iii) is sold with, or intended to be used with, a separate end–use product that constitutes the primary power load;
(iv) is contained within a separate physical enclosure from the end–use product;
(v) is connected to the end–use product through a removable or hard–wired male/female electrical connection, cable, cord, or other wiring;
(vi) does not have a battery or battery pack, removable or otherwise, that physically attaches directly to the power supply unit;
(vii) does not have a battery chemistry or type selector switch and indicator light or does not have a battery chemistry or type selector switch and a state–of–charge meter; and
(viii) has a nameplate output power not exceeding 250 watts.
(25) “State–regulated incandescent reflector lamp” means a lamp, not colored or designed for rough or vibration service applications:
(i) with an inner reflective coating on the outer bulb to direct the light;
(ii) with an E26 medium screw base;
(iii) with a rated voltage or voltage range that lies at least partially within 115 to 130 volts; and
(iv) that is:
1. a blown PAR (BPAR);
2. a bulged reflector (BR);
3. an elliptical reflector (ER) or similar bulb shape with a diameter equal to or greater than 2.25 inches; or
4. a reflector (R), parabolic aluminized reflector (PAR), or similar bulb shape with a diameter of 2.25 to 2.75 inches, inclusive.
(26) “Torchiere lighting fixture” means a portable electric lighting fixture with a reflector bowl giving light directed upward so as to give indirect illumination.
(27) “Traffic signal” means a device consisting of a set of signal lights operating in sequence and placed at intersections to regulate traffic.
(28) “Traffic signal module” means a standard 8–inch (200mm) or 12–inch (300mm) round traffic signal indication that:
(i) consists of a light source, lens, full–color ball, and all parts necessary for operation; and
(ii) communicates movement messages to drivers through red, amber, and green colors.
(29) “Transformer” means a device consisting essentially of two or more coils of insulated wire that transfers alternating current by electromagnetic induction from one coil to another in order to change the original voltage or current value.
(30) (i) “Unit heater” means a self–contained fan–type heater that:
1. is designed to be installed within the heated space; and
2. includes an apparatus or appliance to supply heat and a fan for circulating air over a heat exchange surface, all enclosed in a common casing.
(ii) “Unit heater” does not include a “warm air furnace” as defined under the federal Energy Policy Act of 1992.
(31) (i) “Walk–in refrigerator and freezer” means a refrigerated space that:
1. can be walked into;
2. has a total chilled and frozen storage area of less than 3,000 square feet;
3. operates at chilled (above 32 degrees Fahrenheit) or frozen (at or below 32 degrees Fahrenheit) temperature; and
4. is connected to a self–contained or remote condensing unit.
(ii) “Walk–in refrigerator and freezer” does not include:
1. a product designed and marketed exclusively for medical, scientific, or research purposes; and
2. a refrigerated warehouse.
(32) “Water dispenser” means a factory–made assembly that:
(i) mechanically cools and heats potable water; and
(ii) dispenses the cooled or heated water by integral or remote means.
(33) “Widely available in Maryland” means a conforming product available in the State from three or more manufacturers.
(2) (i) “Air purifier”, also known as a “room air cleaner”, means an electric, cord–connected, portable appliance that primarily functions to remove particulate matter from the air.
(ii) “Air purifier” does not include indoor air cleaning devices that are manufactured, advertised, marketed, and labeled for industrial use.
(3) “Commercial dishwasher” means a machine designed to clean and sanitize dinnerware, flatware, cooking utensils, and similar items by applying sprays of detergent solution and a sanitizing rinse.
(4) (i) “Commercial steam cooker”, also known as a “compartment steamer”, means a device with one or more food–steaming compartments in which the energy in the steam is transferred to the food by direct contact.
(ii) “Commercial steam cooker” includes:
1. countertop models;
2. wall–mounted models; and
3. floor models mounted on a stand, pedestal, or cabinet–style base.
(5) “Electric vehicle supply equipment” means the fittings, devices, and apparatuses installed specifically for the purpose of delivering energy from a premises’ wiring to an all–electric or hybrid vehicle.
(6) (i) “Faucet” means a fitting that controls and guides the flow of water in a water supply system.
(ii) “Faucet” includes:
1. a private lavatory faucet;
2. a public lavatory faucet;
3. a residential kitchen faucet; and
4. a replacement aerator for a private lavatory faucet, public lavatory faucet, or residential kitchen faucet.
(iii) “Faucet” does not include a metering faucet.
(7) (i) “High color rendering index fluorescent lamp” or “high CRI fluorescent lamp” means a fluorescent lamp with a color rendering index of 87 or greater.
(ii) “High color rendering index fluorescent lamp” does not include a compact fluorescent lamp.
(8) “Portable electric spa” means a factory–built electric spa or hot tub that includes water–heating or water–circulating equipment.
(9) “Public lavatory faucet” means a faucet designed to be installed in a public bathroom.
(10) “Replacement aerator” means an aerator sold:
(i) as a replacement; and
(ii) separately from the faucet to which the aerator was intended to be attached.
(11) “Residential ventilating fan” means a ceiling fan, wall–mounted fan, or a fan mounted outside the area to be ventilated (also known as a remotely mounted fan) that is designed to move air from inside a building to the outdoors, such as fans used in a bathroom or utility room.
(12) “Retailer” means a person engaged in the business of making retail sales within the State.
(13) (i) “Showerhead” means a device or set of devices that is:
1. attached to a single water supply fitting; and
2. used for spraying water for bathing.
(ii) “Showerhead” includes a showerhead that can be held or fixed in place and connected by a flexible hose (also known as a hand–held showerhead).
(iii) “Showerhead” does not include safety equipment such as eyewash stations or drench showers.
(14) “Spray sprinkler body” means the exterior case or shell of a sprinkler that:
(i) includes a method for connecting to the water system piping; and
(ii) houses a spray nozzle that applies water to the ground.
(15) (i) “Urinal” means a plumbing fixture that:
1. is designed to receive only liquid body waste; and
2. conveys the waste through a trap into a drainage system.
(ii) “Urinal” does not include:
1. urinals designed and marketed exclusively for use at prisons or mental health facilities; and
2. trough–type urinals.
(16) (i) “Water closet” means a plumbing fixture having a water–containing receptacle designed to receive liquid and solid body waste and convey the waste through an integral trap into a drainage system.
(ii) “Water closet” includes a water closet incorporating a feature that allows the user to flush the water closet with either a reduced load or a full volume of water, also known as a dual–flush water closet.
(17) (i) “Water cooler” means a freestanding device that uses energy to cool or heat potable water.
(ii) “Water cooler” includes:
1. cold only units that dispense only cold water;
2. hot and cold units that dispense both hot and cold water;
3. cook and cold units that dispense both cold and room temperature water; and
4. storage–type units that store thermally conditioned water in a tank inside the water cooler that is available instantaneously, including point–of–use, dry storage compartment, and bottled water coolers.
(18) “Widely available in Maryland” means a conforming product available in the State from three or more manufacturers.
(b) (1) This section applies to the testing, certification, and enforcement of efficiency standards for the following types of new products sold, offered for sale, or installed in the State: (i) torchiere lighting fixtures; (ii) unit heaters; (iii) low–voltage dry–type distribution transformers; (iv) ceiling fan light kits; (v) red and green traffic signal modules; (vi) illuminated exit signs; (vii) commercial refrigeration cabinets; (viii) large packaged air–conditioning equipment; (ix) commercial clothes washers; (x) bottle–type water dispensers; (xi) commercial hot food holding cabinets; (xii) metal halide lamp fixtures; (xiii) residential furnaces; (xiv) single–voltage external AC to DC power supplies; (xv) state–regulated incandescent reflector lamps; and (xvi) walk–in refrigerators and freezers. (2) This section does not apply to: (i) new products manufactured in the State and sold outside the State; (ii) new products manufactured outside the State and sold at wholesale inside the State for final retail sale and installation outside the State; (iii) products installed in mobile manufactured homes at the time of construction; (iv) products designed expressly for installation and use in recreational vehicles; or (v) residential furnaces that use natural gas or propane and that are installed as a replacement for a previously installed furnace.
(b) (1) This section applies to the testing, certification, and enforcement of efficiency standards for the following types of new products sold, offered for sale, or installed for profit in the State: (i) electric vehicle supply equipment; (ii) high CRI fluorescent lamps; (iii) portable electric spas; (iv) air purifiers; (v) commercial dishwashers; (vi) commercial steam cookers; (vii) faucets; (viii) residential ventilating fans; (ix) showerheads; (x) spray sprinkler bodies; (xi) urinals; (xii) water closets; and (xiii) water coolers. (2) This section does not apply to: (i) new products manufactured in the State and sold outside the State; (ii) new products manufactured outside the State and sold at wholesale inside the State for final retail sale and installation outside the State; (iii) products installed in mobile manufactured homes at the time of construction; (iv) products designed expressly for installation and use in recreational vehicles or marine vessels; or (v) products to be sold at retail that are in stock at the retail establishment before the effective date of any efficiency standard regulation for that item.
(c) (1) On or before January 1, 2004, the Administration shall adopt regulations establishing minimum efficiency standards for the types of new products set forth in subsection (b)(1)(i) through (ix) of this section.
(c) (1) On or before January 1, 2023, the Administration: (i) shall review minimum efficiency standards regulations for the new products specified in subsection (b)(1)(i) and (ii) of this section; and (ii) may adopt new regulations establishing minimum efficiency standards for the new products specified in subsection (b)(1)(i) and (ii) of this section. (2) Beginning October 1, 2024, a new product specified in subsection (b)(1)(i) or (ii) of this section may not be sold or offered for sale in the State unless the efficiency of the new product meets or exceeds the efficiency standards specified in regulations adopted, if any, under paragraph (1) of this subsection. (3) (i) This paragraph does not apply to a product that is sold before the regulations adopted, if any, under paragraph (1) of this subsection are in effect. (ii) Beginning October 1, 2025, a new product specified in subsection (b)(1)(i) or (ii) of this section may not be installed for profit in the State unless the efficiency of the new product meets or exceeds the efficiency standards specified in regulations adopted, if any, under paragraph (1) of this subsection.
(2) The regulations shall provide for the following minimum efficiency standards:
(i) torchiere fixtures may not consume more than 190 watts and may not be capable of operating with lamps that total more than 190 watts;
(ii) unit heaters shall be equipped with an intermittent ignition device and shall have either power venting or an automatic flue damper;
(iii) the efficiency of all low–voltage dry–type distribution transformers may not be less than the values shown in Table 4–2 of National Electrical Manufacturers Association Standard TP–1–2002;
(iv) ceiling fan light kits:
1. shall meet the Tier 1 lighting criteria of version 1.1 of the product specification contained in the “Energy Star Program Requirements for Residential Ceiling Fans”, developed by the U.S. Environmental Protection Agency that took effect on January 1, 2002; and
2. may contain light sources that are not compact fluorescent lamps but that have lumen–per–watt performance at least equivalent to comparably configured compact fluorescent lamps meeting “Energy Star Program Requirements for CFLS: Energy Efficiency Criteria – Version 3.0”;
(v) red and green traffic signal modules shall:
1. meet the requirements of the “Energy Star Program Requirements for Traffic Signals” developed by the U.S. Environmental Protection Agency that took effect in February 2001; and
2. be installed with compatible, electrically connected signal control interface devices and conflict monitoring systems;
(vi) illuminated exit signs shall meet the requirements of the “Energy Star Program Requirements for Exit Signs – Version 2.0” developed by the U.S. Environmental Protection Agency that took effect on January 1, 1999;
(vii) commercial refrigeration cabinets shall meet the requirements shown in the following Table in which “V” means total volume in cubic feet and “AV” means adjusted volume which is the sum of the volume of refrigerated space and 1.63 times the volume of freezer space: Equipment Type Maximum Daily � Energy Consumption � (kilowatt hours) Reach–in cabinets, pass–through cabinets, and roll–in or roll–through cabinets that are refrigerators with solid doors 0.125V + 2.76 Reach–in cabinets, pass–through cabinets, and roll–in or roll–through cabinets that are refrigerators with transparent doors 0.172V + 4.77 Reach–in cabinets, pass–through cabinets, and roll–in or roll–through cabinets that are freezers with solid doors 0.398V + 2.28 Reach–in cabinets, pass–through cabinets, and roll–in or roll–through cabinets that are freezers with transparent doors 0.940V + 5.10 Reach–in cabinets that are refrigerator–freezers with solid doors 0.273AV + 1.65 (viii) large packaged air–conditioning equipment shall meet the Tier II requirements of the “Minimum Equipment Efficiencies for Unitary Commercial Air Conditioners” or “Minimum Equipment Efficiencies for Heat Pumps”, as appropriate, developed by the Consortium for Energy Efficiency, Boston, Massachusetts, as in effect on January 1, 2002; and
(ix) commercial clothes washers shall have a minimum modified energy factor of 1.26 and a maximum water consumption factor of 9.5, as measured in accordance with the federal test method for clothes washers as defined in 10 C.F.R. Section 430.23(j) (Appendix J1 to Subpart B of Part 430) (2001).
(d) (1) On or before January 1, 2008, the Administration shall adopt regulations establishing minimum efficiency standards for the types of new products set forth in subsection (b)(1)(x) through (xvi) of this section.
(d) (1) (i) On or before January 1, 2023, the Administration shall adopt regulations establishing minimum efficiency standards for the new products specified in subsection (b)(1)(iii) through (xiii) of this section.
(2) The regulations shall provide for the following minimum efficiency standards:
(i) except as provided in subsubparagraph 2 of this subparagraph:
1. bottle–type water dispensers designed for dispensing both hot and cold water may not have standby energy consumption greater than 1.2 kilowatt–hours per day, as measured in accordance with the test criteria contained in version 1.1 of the U.S. Environmental Protection Agency’s “Energy Star Program Requirements for Bottled Water Coolers”; and
2. bottle–type water dispenser units with an integral, automatic timer may not be tested using Section D, “Timer Usage” of the test criteria;
(ii) commercial hot food holding cabinets shall have a maximum idle energy rate not exceeding 40 watts per cubic foot of interior volume, as determined by the “idle energy rate–dry test” in ASTM F2140–01, “Standard Test Method for Performance of Hot Food Holding Cabinets” published by ASTM International, and interior volume shall be measured in accordance with the method shown in the U.S. Environmental Protection Agency’s “Energy Star Program Requirements for Commercial Hot Food Holding Cabinets” effective August 15, 2003;
(iii) metal halide lamp fixtures designed to be operated with lamps rated at least 150 watts but not exceeding 500 watts may not contain a probe–start metal halide ballast;
(iv) residential furnaces that use natural gas or propane and that are installed as the original furnace in newly constructed residential buildings shall:
1. have a minimum Annual Fuel Utilization Efficiency (AFUE) of 90% and a maximum electricity ratio of 2%; and
2. be measured in accordance with the federal test method for measuring the energy consumption of furnaces and boilers contained in 10 C.F.R. Part 430 (Appendix N to subpart B);
(v) the standard for single–voltage external AC to DC power supplies:
1. shall apply to single voltage AC to DC power supplies that are sold individually and to those that are sold as a component of or in conjunction with another product;
2. does not apply to single voltage external AC to DC power supplies that require U.S. Food and Drug Administration listing and approval as a medical device;
3. shall meet the energy efficiency requirements in the following table:
4. shall be measured in accordance with the test methodology specified by the U.S. Environmental Protection Agency’s Energy Star Program, “Test Method for Calculating the Energy Efficiency of Single–Voltage External AC–DC and AC–AC Power Supplies (August 11, 2004)”, except that tests shall be conducted at 115 volts only; Nameplate Output Power Minimum Efficiency in Active Mode From 0 to less than 1 watt 0.49 times the nameplate output From 1 watt to not more than 49 watts the sum 0.09 times the natural logarithm of the nameplate output power (expressed in watts) and 0.49 Greater than 49 watts 0.84 Nameplate Output Power Maximum Energy Consumption in No–Load Mode From 0 to less than 10 watts 0.5 watts From 10 watts to not more than 250 watts 0.75 watts (vi) the standard for State–regulated incandescent reflector lamps:
1. shall meet the minimum average lamp efficacy requirements for federally regulated incandescent reflector lamps contained in 42 U.S.C. § 6295 (i)(1)(A); and
2. does not apply to the following types of incandescent reflector lamps:
A. lamps rated at 50 watts or less of the following types: BR30, ER30, BR40, and ER40;
B. lamps rated at 65 watts of the following types: BR30, BR40, and ER40; and
C. R20 lamps of 45 watts or less; and
(vii) walk–in refrigerators and freezers:
1. shall have automatic door closers that firmly close all reach–in doors and that firmly close walk–in doors no wider than 3 feet 9 inches and no higher than 6 feet 11 inches that have been closed to within 1 inch of full closure;
2. shall have wall, ceiling, and door insulation of at least R–28 for refrigerators (door insulation requirements do not apply to glazed portions of doors, nor to structural members);
3. shall have wall, ceiling, and door insulation of at least R–32 for freezers (door insulation requirements do not apply to glazed portions of doors, or to structural members);
4. shall have floor insulation of at least R–28 for freezers;
5. shall have, for single–phase evaporator fan motors of under one horsepower and less than 460 volts, electronically commutated motors;
6. shall have, for condenser fan motors of under one horsepower either electronically commutated motors, permanent split capacitor–type motors, or polyphase motors of at least one–half horsepower;
7. shall have light sources with an efficacy of at least 40 lumens per watt, including any ballast losses, except that light sources with an efficacy of 40 lumens per watt or less, including any ballast losses, may be used in conjunction with a timer or device that turns off the lights within 15 minutes after the walk–in ceases to be occupied; and
8. with transparent reach–in doors and walk–in door windows shall meet the following additional requirements:
A. transparent reach–in doors and windows in walk–in doors for walk–in freezers shall be of triple–pane glass with either heat–reflective treated glass or gas fill;
B. transparent reach–in doors and windows in walk–in doors for walk–in refrigerators shall be either double–pane glass with heat–reflective treated glass and gas fill, or triple pane glass with either heat–reflective treated glass or gas fill;
C. for appliances with an anti–sweat heater without anti–sweat heat controls, the appliance shall have a total door rail, glass, and frame heater power draw not exceeding 7.1 watts per square foot of door opening (freezers) and not exceeding 3.0 watts per square foot of door opening (refrigerators); and
D. for appliances with an anti–sweat heater with anti–sweat heat controls, and a total door rail, glass, and frame heater power draw exceeding 7.1 watts per square foot of door opening (freezers) and 3.0 watts per square foot of door opening (refrigerators), the anti–sweat heat controls shall reduce the energy use of the anti–sweat heater in an amount corresponding to the relative humidity in the air outside the door or to the condensation on the inner glass pane.
(ii) The regulations shall provide for the following minimum efficiency standards:
1. air purifiers shall meet the following requirements as measured in accordance with the Energy Star Program Requirements Product Specification for Room Air Cleaners, Version 2.0:
A. the clean air delivery rate for smoke must be 30 or greater;
B. for models with a clean air delivery rate for smoke of less than 100, the clean air delivery rate per watt for smoke must be greater than or equal to 1.7;
C. for models with a clean air delivery rate for smoke greater than or equal to 100 and less than 150, the clean air delivery rate per watt for smoke must be greater than or equal to 1.9;
D. for models with a clean air delivery rate for smoke greater than or equal to 150, the clean air delivery rate per watt for smoke must be greater than or equal to 2.0;
E. for ozone–emitting models, measured ozone must be less than or equal to 50 parts per billion;
F. for models with a Wi–Fi network connection enabled by default when shipped, partial on–mode power may not exceed 2 watts; and
G. for models without a Wi–Fi network connection enabled by default when shipped, partial on–mode power may not exceed 1 watt;
2. commercial dishwashers must meet the applicable qualification criteria specified in the Energy Star Program Requirements Product Specification for Commercial Dishwashers, Version 2.0;
3. commercial steam cookers must meet the requirements specified in the Energy Star Program Requirements Product Specification for Commercial Steam Cookers, Version 1.2;
4. faucets must meet the following standards when tested in accordance with 10 C.F.R. § 430, Subpart B, Appendix S, compliance with which must be verified by using the Uniform Test Method for Measuring the Water Consumption of Faucets and Showerheads in effect on January 1, 2020:
A. lavatory faucets and replacement aerators must not exceed a maximum flow rate of 1.5 gallons per minute at 60 pounds per square inch;
B. residential kitchen faucets and replacement aerators must not exceed a maximum flow rate of 1.8 gallons per minute at 60 pounds per square inch, with optional temporary flow of 2.2 gallons per minute provided the faucet defaults to a maximum flow rate of 1.8 gallons per minute at 60 pounds per square inch after each use; and
C. public lavatory faucets and replacement aerators must not exceed a maximum flow rate of 0.5 gallons per minute at 60 pounds per square inch;
5. portable electric spas must meet the requirements of the American National Standard for Portable Electric Spa Energy Efficiency specifically known as ANSI/APSC/ICC 14–2019;
6. residential ventilating fans must meet the following requirements when tested in accordance with the Home Ventilation Institute’s HVI Airflow Test Procedure (HVI Publication 916):
A. in–line residential ventilating fans must be equipped with a fan motor with an efficiency of at least 2.8 cubic feet per minute per watt; and
B. non–in–line residential ventilating fans must be equipped with a fan motor with an efficiency of at least 1.4 cubic feet per minute per watt for airflows less than 90 cubic feet per minute and at least 2.8 cubic feet per minute per watt for airflows greater than or equal to 90 cubic feet per minute;
7. showerheads must not exceed a maximum flow rate of 2.0 gallons per minute at 80 pounds per square inch when tested in accordance with 10 C.F.R. § 430, Subpart B, Appendix S, compliance with which must be verified by using the Uniform Test Method for Measuring the Water Consumption of Faucets and Showerheads in effect on January 1, 2020;
8. spray sprinkler bodies that are not specifically excluded from the scope of the WaterSense Specification for Spray Sprinkler Bodies, Version 1.0 must include an integral pressure regulator and meet the water efficiency, performance criteria, and other requirements specified in the WaterSense Specification for Spray Sprinkler Bodies, Version 1.0;
9. urinals must have a maximum flush volume of 0.5 gallons per flush when tested in accordance with 10 C.F.R. § 430, Subpart B, Appendix T, compliance with which must be verified by using the Uniform Test Method for Measuring the Water Consumption of Water Closets and Urinals in effect on January 1, 2020;
10. water closets must meet the following standards when tested in accordance with 10 C.F.R. § 430, Subpart B, Appendix T, compliance with which must be verified by using the Uniform Test Method for Measuring the Water Consumption of Water Closets and Urinals in effect on January 1, 2020:
A. subject to item B of this item, water closets must have a maximum flush volume of 1.28 gallons per flush; and
B. dual–flush tank–type water closets must have a maximum dual–flush effective volume of 1.28 gallons per flush; and
11. water coolers included in the scope of the Energy Star Program’s Water Coolers Specification, Version 2.0 must have an on mode with no water draw energy consumption that is less than or equal to the following values as measured in accordance with the on mode with no water draw test mode specified in the Water Coolers Specification:
A. 0.16 kilowatt–hours per day for cold only units and cook and cold units;
B. 0.87 kilowatt–hours per day for storage type hot and cold units; and
C. 0.18 kilowatt–hours per day for on–demand hot and cold units.
(2) Beginning January 1, 2024, a new product specified in subsection (b)(1)(iii) through (xiii) of this section may not be sold or offered for sale in the State unless the efficiency of the new product meets or exceeds the efficiency standards specified in the regulations adopted under paragraph (1) of this subsection.
(ii) With respect to ceiling fan light kits, energy efficiency standards may not take effect until March 1, 2007.
(iii) With respect to commercial clothes washers, efficiency standards may not take effect until March 1, 2007.
(3) (i) This paragraph does not apply to a product that is sold before the regulations adopted under paragraph (1) of this subsection are in effect.
(ii) Except as provided in subparagraphs (iii) and (iv) of this paragraph, on or after January 1, 2006, a new product of a type set forth in subsection (b)(1)(i) through (ix) of this section may not be installed in the State unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted under subsection (c) of this section.
(ii) Beginning January 1, 2025, a new product specified in subsection (b)(1)(iii) through (xiii) of this section may not be installed for profit in the State unless the efficiency of the new product meets or exceeds the efficiency standards specified in the regulations adopted under paragraph (1) of this subsection.
(iii) Ceiling fan light kits that do not meet the energy efficiency standards may be installed in the State until January 1, 2008.
(iv) Commercial clothes washers that do not meet the efficiency standards under subsection (c)(2)(ix) of this section may be installed in the State until January 1, 2008.
(f) (1) On or after January 1, 2009, no new bottle–type water dispenser, commercial hot food holding cabinet, metal halide lamp fixture, State–regulated incandescent reflector lamp, or walk–in refrigerator or walk–in freezer may be sold or offered for sale in the State unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted under subsection (d) of this section.
(2) On or after March 1, 2012, no new single–voltage external AC to DC power supply may be sold or offered for sale in the State unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted under subsection (d) of this section.
(3) (i) The Administration may adopt regulations to exempt compliance with the residential furnace AFUE standards under subsection (d)(2)(iv) of this section at any building, site, or location where complying with the standards would conflict with any local zoning ordinance, building or plumbing code, or other rule regarding installation and venting of residential furnaces or residential boilers.
(ii) On or before January 1, 2008, the Administration, in consultation with the Attorney General, shall determine if federal law preempts State implementation of the residential furnace standards.
(iii) The Administration shall make separate determinations with respect to minimum AFUE and maximum electricity ratio standards.
(iv) If the Administration determines that a waiver from federal preemption is not needed, then on the later of January 1, 2009, or 1 year after the date of that determination, a new residential furnace may not be sold or offered for sale in the State unless the efficiency of the new product meets or exceeds the applicable nonpreempted efficiency standards set forth in the regulations adopted under subsection (d) of this section.
(v) If the Administration determines that a waiver from federal preemption is required, then the Administration shall apply for the waiver within 1 year after that determination. On approval of the waiver application, the applicable State standards shall take effect at the earliest date allowed by federal law.
(4) Single–voltage external AC to DC power supplies made available by a manufacturer directly to a consumer or to a service or repair facility after and separate from the original sale of the product requiring the power supply as a service part or spare part may not be required to meet the standards of this section before January 1, 2013.
(5) The Administration may delay implementation of subsection (d)(2)(vii)5 of this section on a determination that the motors are only available from one manufacturer or in insufficient quantities to serve the needs of the walk–in industry for evaporator–fan applications.
(6) One year after the sale or offering for sale of a product becomes subject to the requirements of paragraphs (1), (2), and (3) of this subsection, the product may not be installed for compensation in the State unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted under subsection (d) of this section.
(e) (1) By regulation, the Administration may clarify but not expand the scope of the devices defined under subsections (a) and (b) of this section.
(2) On request of a Maryland business or consumer and after public notice and comment, the Administration may delay the effective date of any standard under this section by not more than 1 year if the Administration determines that products conforming to the standard will not be widely available in Maryland by the applicable date stated in subsections (e)(1) and (f)(1), (2), and (3) of this section.
(2) On request of a Maryland business or consumer and after public notice and comment, the Administration may delay the effective date of any standard under this section by not more than 1 year if the Administration determines that products conforming to the standard will not be widely available in Maryland by the applicable date stated in subsections (c)(2) and (3)(ii) and (d)(2) and (3)(ii) of this section.
(3) The Administration may limit a delay under paragraph (2) of this subsection to identifiable subcategories of any category of covered products.
(3) The Administration may limit a delay under paragraph (2) of this subsection to identifiable subcategories of any category of covered products.
(f) (1) The Administration may adopt regulations to increase the efficiency standards for the products listed in subsection (b)(1) of this section.
(2) Every 2 years, the Administration shall consider and propose to the General Assembly:
(i) new standards for products not specifically listed in subsection (b)(1) of this section; and
(ii) revised, more stringent standards for products listed in subsection (b)(1) of this section.
(3) In considering new or amended standards, the Administration shall propose new or amended efficiency standards if it determines that any new or increased efficiency standards would: (i) serve to promote energy conservation in the State; (ii) be life–cycle cost effective for consumers who purchase and use the new products; and (iii) be technologically feasible and economically justified. (4) A new or increased efficiency standard may not become effective less than 1 year after the adoption of that standard. (5) Subject to paragraphs (6) and (7) of this subsection, the Administration may apply for a waiver of federal preemption in accordance with federal procedures (42 U.S.C. § 6297(d)) for State efficiency standards for any product regulated by the federal government. (6) The Administration may apply for a waiver under paragraph (5) of this subsection, if: (i) at least 90 days before the day on which the application for the waiver is submitted to the federal government, the Administration announces its intention to submit the application by publication in the Maryland Register and writing to the presiding officers of the General Assembly; and (ii) at least 60 days before the day on which the application for the waiver is submitted to the federal government, the Administration, after reasonable notice other than publication in the Maryland Register, shall hold a public hearing on the proposed application to receive public comment. (7) The President of the Senate and the Speaker of the House of Delegates may direct that the appropriate standing committees of the General Assembly hold hearings on the proposed application for the waiver and provide comments to the Administration. (i) (1) After public notice and comment, the Administration shall adopt procedures by rule for testing the energy efficiency of the new products listed in subsection (b)(1) of this section if testing procedures are not provided for in the Maryland Building Performance Standards. (2) The Administration may adopt updated test methods by regulation when new versions of test methods become available or when an alternative test method has been adopted by another state or the federal government. (3) The Administration shall use appropriate nationally recognized test methods such as those approved by the United States Department of Energy. (4) The manufacturers of new products listed in subsection (b)(1) of this section shall cause samples of their products to be tested in accordance with the test procedures adopted under this subsection or those specified in the Maryland Building Performance Standards.
(2) Every 2 years, the Administration shall consider and propose to the General Assembly: (i) new standards for products not specifically listed in subsection (b)(1) of this section; and (ii) revised, more stringent standards for products listed in subsection (b)(1) of this section. (3) In considering new or amended standards, the Administration shall propose new or amended efficiency standards if it determines that any new or increased efficiency standards would: (i) serve to promote energy conservation in the State; (ii) be life–cycle cost effective for consumers who purchase and use the new products; and (iii) be technologically feasible and economically justified. (4) A new or increased efficiency standard may not become effective less than 1 year after the adoption of that standard. (5) Subject to paragraphs (6) and (7) of this subsection, the Administration may apply for a waiver of federal preemption in accordance with federal procedures (42 U.S.C. § 6297(d)) for State efficiency standards for any product regulated by the federal government. (6) The Administration may apply for a waiver under paragraph (5) of this subsection, if: (i) at least 90 days before the day on which the application for the waiver is submitted to the federal government, the Administration announces its intention to submit the application by publication in the Maryland Register and writing to the presiding officers of the General Assembly; and (ii) at least 60 days before the day on which the application for the waiver is submitted to the federal government, the Administration, after reasonable notice other than publication in the Maryland Register, shall hold a public hearing on the proposed application to receive public comment. (7) The President of the Senate and the Speaker of the House of Delegates may direct that the appropriate standing committees of the General Assembly hold hearings on the proposed application for the waiver and provide comments to the Administration.
(g) (1) After public notice and comment, the Administration shall adopt procedures by rule for testing the energy efficiency of the new products listed in subsection (b)(1) of this section if testing procedures are not provided for in the Maryland Building Performance Standards.
(2) The Administration may adopt updated test methods by regulation when new versions of test methods become available or when an alternative test method has been adopted by another state or the federal government.
(3) The Administration shall use appropriate nationally recognized test methods such as those approved by the United States Department of Energy.
(4) The manufacturers of new products listed in subsection (b)(1) of this section shall cause samples of their products to be tested in accordance with the test procedures adopted under this subsection or those specified in the Maryland Building Performance Standards.
(h) (1) Manufacturers of new products listed in subsection (b)(1) of this section shall certify to the Administration that the products are in compliance with the provisions of this section.
(2) (i) The Administration shall adopt regulations governing the certification of new products and may coordinate with the certification programs of other states with similar standards.
(2) (i) The Administration shall adopt regulations governing the certification of new products and may coordinate with the certification programs of other states with similar standards or national voluntary certification programs.
(ii) Any manufacturer that has certified a product to another state or to the federal Energy Star Program may provide the Administration with a copy of the certification that the manufacturer made to the other state or agency in place of a separate certification to the State of Maryland, provided that:
(ii) Any manufacturer that has certified a product to another state, the federal Energy Star Program, or the federal WaterSense Program may provide the Administration with a copy of the certification that the manufacturer made to the other state or agency in place of a separate certification to the State of Maryland, provided that:
1. the other state’s standards or the Energy Star specifications are equivalent to or more stringent than the standards of the State of Maryland; and
1. the other state’s standards or the Energy Star or WaterSense specifications are equivalent to or more stringent than the standards of the State of Maryland; and
2. all information required by the regulations adopted under subparagraph (i) of this paragraph is included in the certification.
2. all information required by the regulations adopted under subparagraph (i) of this paragraph is included in the certification.
(k) (1) Manufacturers of new products listed in subsection (b)(1) of this section shall identify each product offered through retailers for sale or installation in the State as in compliance with the minimum efficiency standards established under subsection (c) of this section by means of a mark, label, or tag on the product or packaging at the time of sale or installation.
(i) (1) The Administration shall adopt regulations governing the identification of such products or packaging which shall be coordinated to the greatest practical extent with the labeling programs and requirements of other states and federal agencies with equivalent efficiency standards.
(2) If a national efficiency standard is established by federal law or regulation for a product listed in subsection (b) of this section, the labeling requirements set forth in COMAR 14.26.03.11 do not apply to that product.
(3) In accordance with COMAR 14.26.03.11, all display models of products shall be displayed with a mark, label, or tag on the product.
(j) (1) The Administration may test products listed in subsection (b)(1) of this section using an accredited testing facility.
(2) If products tested are found not to be in compliance with the minimum efficiency standards established under subsections (c) and (d) of this section, the Administration shall:
(i) charge the manufacturer of the product for the cost of product purchase and testing; and
(ii) make information available to the public on products found not to be in compliance with the standards.
(2) If products tested are found not to be in compliance with the minimum efficiency standards established under subsections (c) and (d) of this section, the Administration shall:
(i) charge the manufacturer of the product for the cost of product purchase and testing; and
(ii) make information available to the public on products found not to be in compliance with the standards.
(k) (1) With prior notice and at reasonable and convenient hours, the Administration may make periodic inspections of distributors or retailers of new products listed in subsection (b)(1) of this section in order to determine compliance with the provisions of this section.
(2) The Administration shall coordinate with the Department of Housing and Community Development regarding inspections, prior to occupancy, of newly constructed buildings containing new products that are also covered by the Maryland Building Performance Standards.
(2) The Administration shall coordinate with the Department of Housing and Community Development and the Maryland Department of Labor regarding inspections, prior to occupancy, of newly constructed buildings containing new products that are also covered by the Maryland Building Performance Standards.
(l) (1) The Administration may investigate complaints received concerning violations of this section and shall report the results of an investigation to the Attorney General.
(2) The Attorney General may institute proceedings to enforce the provisions of this section.
(2) The Attorney General may institute proceedings to enforce the provisions of this section.
(3) A manufacturer, distributor, or retailer of new products listed in subsection (b)(1) of this section that violates any provision of this section shall be issued a warning by the Administration for a first violation.
(3) A manufacturer, distributor, or retailer of new products listed in subsection (b)(1) of this section that violates any provision of this section shall be issued a warning by the Administration for a first violation.
(4) Repeat violators shall be subject to a civil penalty of not more than $250.
(4) Repeat violators shall be subject to a civil penalty of not more than $250.
(5) Each violation of this section shall constitute a separate offense and each day that a violation continues shall constitute a separate offense.
(5) Each violation of this section shall constitute a separate offense and each day that a violation continues shall constitute a separate offense.
(6) Penalties assessed under this subsection are in addition to costs assessed under subsection (l)(2)(i) of this section.
(6) Penalties assessed under this subsection are in addition to costs assessed under subsection (j)(2)(i) of this section.
(7) Penalties assessed under this subsection shall be paid into the General Fund of the State.
(7) Penalties assessed under this subsection shall be paid into the General Fund of the State.
Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.