(1) Notwithstanding any provision of this part 15, the executive director may promulgate rules updating any emission standard, definition, or test method established in this part 15 in order to maintain or improve consistency with other comparable standards in other states so long as the updated version results in air quality that is equal to or better than air quality achieved using the prior standard.
(2) The executive director may promulgate rules as necessary to ensure the proper implementation and enforcement of this part 15.
(3) On or before January 1, 2030, the executive director shall conduct an analysis to determine whether statewide greenhouse gas emissions from water heaters and fan-type central furnaces are declining in comparison to emission levels in 2023 in a manner that comports with the statewide greenhouse gas reduction goals set forth in section 25-7-102 (2)(g). Unless the analysis determines that the emissions trajectory is consistent with achieving the statewide greenhouse gas reduction goals, the executive director shall propose to the commission rules to bring the emission levels in line with the reduction goals. The executive director shall ensure that such rules:
(a) Take into account any emission standards that are in effect or under development in other jurisdictions or at the federal level for new water heaters and fan-type central furnaces;
(b) Take into account input from major manufacturers of water heaters, fan-type central furnaces, and other relevant equipment;
(c) Consider whether emissions standards for additional types of residential and commercial heating and water heating equipment are appropriate and necessary to meet the greenhouse gas emission reduction targets described in section 25-7-102 (2)(g);
(d) Are achievable with available technology; and
(e) Do not place an undue cost burden on consumers.
Source: L. 2023: Entire part added, (HB 23-1161), ch. 285, p. 1715, � 9, effective August 7.
25-7-1507. Enforcement - verifications of compliance - civil action by attorney general - penalties. (1) The executive director shall:
(a) Verify major retailers' and distributors' compliance with the provisions of this part 15 through online spot-checks, coordination with other states that have similar standards, or both;
(b) Conduct such verifications at least once before January 1, 2027, and again at least once before January 1, 2032;
(c) Deliver a report on the method and findings of the verifications to the energy and environment committee of the house of representatives and to the transportation and energy committee of the senate, or to any successor committees, and post the report to the department of public health and environment's website within one month after its completion; and
(d) Deliver any findings of violations to the attorney general.
(2) On or before January 1, 2025, the executive director shall establish a process whereby individuals may anonymously report potential violations of this part 15 on the department of public health and environment's public website. The executive director shall investigate any such reported potential violation and shall report any confirmed violations to the attorney general.
(3) (a) If the attorney general has probable cause to believe that any person or group of persons has violated or caused another person to violate section 25-7-1504 or 25-7-1505, the attorney general may bring a civil action on behalf of the state to seek the imposition of civil penalties as specified in this subsection (3). Any person who knowingly violates or causes another person to violate section 25-7-1504 or 25-7-1505 shall pay a civil penalty of not more than two thousand dollars for each violation, which amount shall be transferred to the state treasurer to be credited to the energy fund created in section 24-38.5-102.4.
(b) For purposes of subsection (3)(a) of this section:
(I) Each transaction or online for-sale product listing involved constitutes a separate violation; except that the maximum civil penalty per person shall not exceed five hundred thousand dollars for any related series of violations; and
(II) A court shall not impose a fine against a nonmanagerial employee of a contractor that installs, repairs, or replaces water heaters or fan-type central furnaces and collects from customers an amount representing both parts and labor.
Source: L. 2023: Entire part added, (HB 23-1161), ch. 285, p. 1716, � 9, effective August 7.