Chapter 03. Maryland Efficiency Standards

Implements the Maryland Efficiency Standards Act by establishing minimum efficiency standards for certain new products sold or installed in the State; and;

Establishes testing, certification, inspection, and enforcement procedures for ensuring compliance with established standards.

42 U.S.C. §6294a;

42 U.S.C. §6294b;

10 CFR Part 430, Subpart B, Appendix S; and

10 CFR Part 430, Subpart C.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

This chapter 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:

This chapter does not apply to:

On or after the date specified in Regulation .06 of this chapter, a person may not sell or install for profit a covered product that does not meet or exceed the corresponding minimum efficiency standards listed in this regulation.

Air purifiers shall comply with federal standards for air cleaners under 10 CFR Part 430, Subpart C.

Commercial dishwashers shall meet the applicable qualification criteria specified in the ENERGY STAR program requirements product specification for commercial dishwashers.

Commercial steam cookers shall meet the requirements specified in the ENERGY STAR program requirements product specification for commercial steam cookers.

Faucets shall meet the following standards when tested in accordance with 10 CFR Part 430, Subpart B, Appendix S, compliance with which shall be verified by using the uniform test method for measuring the water consumption of faucets and showerheads:

Portable electric spas shall meet the requirements of the ANSI/APSP/ICC 14-2019.

Residential ventilating fans shall meet the following requirements when tested in accordance with the Home Ventilation Institute’s airflow test procedure stated in Home Ventilation Institute Publication 916:

Showerheads may not exceed a maximum flow rate of 2.0 gallons per minute at 80 pounds per square inch when tested in accordance with 10 CFR Part 430, Subpart B, Appendix S, compliance with which shall be verified by using the uniform test method for measuring the water consumption of faucets and showerheads.

Spray sprinkler bodies that are not specifically excluded from the scope of the WaterSense specification for spray sprinkler bodies shall include an integral pressure regulator and meet the water efficiency, performance criteria, and other requirements specified in the WaterSense specification for spray sprinkler bodies.

Urinals shall have a maximum flush volume of 0.5 gallons per flush when tested in accordance with 10 CFR Part 430, Subpart B, Appendix T, compliance with which shall be verified by using the uniform test method for measuring the water consumption of water closets and urinals.

Water closets shall meet the following standards when tested in accordance with 10 CFR Part 430, Subpart B, Appendix T, compliance with which shall be verified by using the uniform test method for measuring the water consumption of water closets and urinals:

Water coolers included in the scope of the ENERGY STAR program’s water coolers specification shall 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:

The effective date for efficiency standards for covered products sold or offered for sale in the State is January 1, 2024.

A covered product that does not meet or exceed the corresponding minimum efficiency standards listed in this regulation may not be installed for profit after January 1, 2025.

A Maryland business or consumer may file a request with the Administration to delay the effective date of any standard adopted under this chapter if products conforming to a standard will not be widely available in Maryland by the effective date specified in Regulation .06 of this chapter.

The Administration may limit a delay to identifiable subcategories of any category of covered products.

The request shall:

Upon receipt of a request, the Administration shall issue a public notice of the proposed delay and solicit comment. The Administration may determine the most effective means to issue the notice and receive comment.

If, after public notice and comment, the Administration determines that the product conforming to the standard will not be widely available in Maryland, the Administration shall issue notice of the delay for implementing the standard in the Maryland Register and any other means the Administration determines is appropriate for the product being subjected to the delay. The Administration may not delay the implementation of any standard by more than 1 year.

A covered product may not be sold in the State on or after its respective minimum efficiency standard effective date unless:

The certification required under §A(1) of this regulation shall be filed with the Administration stating that each covered product that is sold or offered for sale in Maryland complies with the requirements of the Efficiency Standards Act.

The certification required under §A(1) of this regulation shall:

The Administration may establish, modify, and enforce schedules for the submittal of statements for the orderly processing of submittals.

To ensure compliance with adopted standards, the Administration may test a covered product to verify compliance with its applicable minimum efficiency standard.

If a covered product tested is found to be out of compliance with its applicable minimum efficiency standards, the Administration shall:

Once a manufacturer has certified a new product as outlined in Regulation .09 of this chapter, a manufacturer may mark, label, or tag the product or packaging as meeting the relevant minimum efficiency level outlined in Regulation .04 of this chapter.

The mark, label, or tag shall consist of the letter “M” within a circle no less than 3/8 inch in diameter.

The Administration may make periodic inspections of distributors and retailers of new products listed in Regulation .04 of this chapter in order to determine compliance with the provisions of this chapter.

Before any inspection, the Administration shall give prior notice to the distributor or retailer.

Inspections shall take place during normal business hours unless the distributor or retailer agrees upon a different time.

The Administration may set up a process for receiving complaints concerning potential violations of Regulation .05 of this chapter.

The Administration may investigate complaints received concerning potential violations of Regulation .05 of this chapter and shall report the results of an investigation to the Attorney General.

A manufacturer, distributor, or retailer of new products listed in Regulation .04 of this chapter that violates any provision of Regulation .05 of this chapter shall be issued a warning by the Administration for a first violation.

Repeat violators are subject to a civil penalty of not more than $250.

Each violation of Regulation .05 of this chapter constitutes a separate offense and each day that a violation continues constitutes a separate offense.

Penalties assessed under this regulation are in addition to costs assessed under Regulation .10B(1) of this chapter.