Title 39
Public Utilities and Carriers

Chapter 27.1
Appliance and Equipment Energy and Water Efficiency Standards Act of 2021

§ 39-27.1-4. Standards.

(a) Not later than one year after the date of enactment of this chapter, the commissioner shall adopt regulations, in accordance with the provisions of chapter 35 of title 42, establishing minimum efficiency standards for the types of new products set forth in § 39-27.1-3.

(b) The regulations shall provide for the following minimum efficiency standards:

(1) Commercial dishwashers included in the scope of the ENERGY STAR Program Requirements Product Specification for Commercial Dishwashers, Version 2.0, shall meet the qualification criteria of that specification;

(2) Commercial fryers included in the scope of the ENERGY STAR Program Requirements Product Specification for Commercial Fryers, Version 2.0, shall meet the qualification criteria of that specification;

(3) Commercial hot-food holding cabinets shall meet the qualification criteria of the ENERGY STAR Program Requirements Product Specification for Commercial Hot Food Holding Cabinets, Version 2.0;

(4) Commercial ovens included in the scope of the ENERGY STAR Program Requirements Product Specification for Commercial Ovens, Version 2.2, shall meet the qualification criteria of that specification;

(5) Commercial steam cookers shall meet the requirements of the ENERGY STAR Program Requirements Product Specification for Commercial Steam Cookers, Version 1.2;

(6) Electric vehicle supply equipment included in the scope of the ENERGY STAR Program Requirements Product Specification for Electric Vehicle Supply Equipment, Version 1.0 (Rev. Apr-2017), shall meet the qualification criteria of that specification;

(7) Faucets, except for metering faucets, shall meet the standards shown in this subsection when tested in accordance with Appendix S to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations and compliance with those requirements shall be — “Uniform Test Method for Measuring the Water Consumption of Faucets and Showerheads” — as in effect on January 1, 2020:

(i) Lavatory faucets and replacement aerators shall not exceed a maximum flow rate of one and five-tenths gallons per minute (1.5 gpm) at sixty pounds per square inch (60 psi);

(ii) Residential kitchen faucets and replacement aerators shall not exceed a maximum flow rate of one and eight-tenths gallons per minute (1.8 gpm) at sixty pounds per square inch (60 psi), with optional temporary flow of two and two-tenths gallons per minute (2.2 gpm), provided they default to a maximum flow rate of one and eight-tenths gallons per minute (1.8 gpm) at sixty pounds per square inch (60 psi) after each use; and

(iii) Public lavatory faucets and replacement aerators shall not exceed a maximum flow rate of five-tenths gallons per minute (0.5 gpm) at sixty pounds per square inch (60 psi);

(8) Gas fireplaces shall comply with the following requirements:

(i) Gas fireplaces shall be capable of automatically extinguishing any pilot flame when the main gas burner flame is established and when it is extinguished;

(ii) Gas fireplaces must prevent any ignition source for the main gas burner flame from operating continuously for more than seven (7) days;

(iii) Decorative gas fireplaces must have a direct vent configuration, unless marked for replacement use only; and

(iv) Heating gas fireplaces shall have a fireplace efficiency greater than or equal to fifty percent (50%) when tested in accordance with CSA P.4.1-15, “Testing Method for Measuring Annual Fireplace Efficiency”;

(9) Portable electric spas shall meet the requirements of the “American National Standard for Portable Electric Spa Energy Efficiency” (ANSI/APSP/ICC 14-2019);

(10) In-line residential ventilating fans shall have a fan motor efficacy of no less than two and eight-tenths (2.8) cubic feet per minute per watt. All other residential ventilating fans shall have a fan motor efficacy of no less than one and four-tenths (1.4) cubic feet per minute per watt for airflows less than ninety (90) cubic feet per minute and no less than two and eight-tenths (2.8) cubic feet per minute per watt for other airflows when tested in accordance with Home Ventilation Institute Publication 916 “HVI Airflow Test Procedure”;

(11) Showerheads shall not exceed a maximum flow rate of two gallons per minute (2.0 gpm) at eighty pounds per square inch (80 psi) when tested in accordance with Appendix S to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations and compliance with those requirements shall be — “Uniform Test Method for Measuring the Water Consumption of Faucets and Showerheads” — as in effect on January 1, 2020;

(12) Spray sprinkler bodies that are not specifically excluded from the scope of the WaterSense Specification for Spray Sprinkler Bodies, Version 1.0, shall include an integral pressure regulator and shall meet the water efficiency and performance criteria and other requirements of that specification;

(13) Urinals and water closets, other than those designed and marketed exclusively for use at prisons or mental health facilities, shall meet the standards shown in subsections (b)(13)(i) through (b)(13)(iv) of this section when tested in accordance with Appendix T to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations — “Uniform Test Method for Measuring the Water Consumption of Water Closets and Urinals” — as in effect on January 1, 2020, and water closets shall pass the waste extraction test for water closets (Section 7.9) of the American Society of Mechanical Engineers (ASME) A112.19.2/CSA B45.1-2018:

(i) Wall-mounted urinals, except for trough-type urinals, shall have a maximum flush volume of five-tenths (0.5) gallons per flush;

(ii) Floor-mounted urinals, except for trough-type urinals, shall have a maximum flush volume of five-tenths (0.5) gallons per flush;

(iii) Water closets, except for dual-flush tank-type water closets, shall have a maximum flush volume of one and twenty-eight hundredths (1.28) gallons per flush; and

(iv) Dual-flush tank-type water closets shall have a maximum dual flush effective flush volume of one and twenty-eight hundredths (1.28) gallons per flush;

(14) Water coolers included in the scope of the ENERGY STAR Program Requirements Product Specification for Water Coolers, Version 2.0, shall have 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) Sixteen hundredths kilowatt hours (0.16 KWh) per day for cold-only units and cook and cold units;

(ii) Eighty-seven hundredths kilowatt hours (0.87 KWh) per day for storage type hot and cold units; and

(iii) Eighteen hundredths kilowatt hours (0.18 KWh) per day for on demand hot and cold units.