PRIOR PRINTER'S NO. 2676 PRINTER'S NO. 4098
No. 2035 Session of 2003
INTRODUCED BY McILHINNEY, ADOLPH, CRAHALLA, CREIGHTON, DAILEY,
DeWEESE, FREEMAN, GINGRICH, GODSHALL, HORSEY, JOSEPHS, MELIO,
MUNDY, O'NEILL, PETRI, ROSS, RUBLEY, SCAVELLO, SURRA, WATSON,
YOUNGBLOOD, McGEEHAN, DiGIROLAMO, LEACH, STEIL, HERSHEY,
GOOD, LEVDANSKY, ARGALL, MANN AND BARD, SEPTEMBER 29, 2003
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND
ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 16, 2004
AN ACT
1 Providing for minimum energy efficiency standards for certain
2 appliances and equipment; and providing for the powers and
3 duties of the Department of Environmental Protection <--
4 PENNSYLVANIA PUBLIC UTILITY COMMISSION and of the Attorney <--
5 General.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Energy
10 Efficiency Standards Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Attorney General." The Attorney General of the
16 Commonwealth.
17 "Ceiling fan." A nonportable device that is suspended from a <--
1 ceiling for circulating air via the rotation of fan blades.
2 "Ceiling fan light kit." The equipment used to provide light
3 from a ceiling fan that is:
4 (1) integral such that the equipment is hardwired to the
5 ceiling fan; or
6 (2) attachable such that the equipment is not, at the
7 time of sale, physically attached to the fan, and that may be
8 included inside the ceiling fan package at the time of sale
9 or sold separately for subsequent attachment to the fan.
10 "Commercial clothes washer." A soft mount front-loading or
11 soft mount top-loading clothes washer that is designed for use
12 in:
13 (1) applications where the occupants of more than one
14 household will be using it, including multifamily housing
15 common areas and coin laundries; or
16 (2) other commercial applications, if the clothes
17 container compartment is no greater than 3.5 cubic feet for
18 horizontal-axis clothes washers or no greater than 4.0 cubic
19 feet for vertical-axis clothes washers.
20 "Commercial refrigerator and freezer." A reach-in cabinet,
21 pass-through cabinet, roll-in cabinet or roll-through cabinet
22 that has less than 85 cubic feet of capacity and that is not a
23 walk-in model or consumer product regulated under the Energy
24 Policy and Conservation Act (Public Law 94-163, 89 Stat. 871).
25 "Department." The Department of Environmental Protection of <--
26 the Commonwealth.
27 "Digital cable television box." A device that acts as a
28 tuner for cable television programming and that converts digital
29 signals received from a cable service provider to a signal
30 usable by a television set.
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1 "Digital television converter box." A device that receives
2 and decodes digital broadcast signals for display by an analog
3 television set and is not a digital cable television box.
4 "COMMISSION." THE PENNSYLVANIA PUBLIC UTILITY COMMISSION OF <--
5 THE COMMONWEALTH.
6 "Illuminated exit sign." A sign that is POWERED BY <--
7 ELECTRICITY, designed to be permanently fixed in place and used
8 to identify an exit in which a light source illuminates the sign
9 or letters internally and the background of the exit sign is not
10 transparent.
11 "Large packaged air-conditioning equipment." Packaged air- <--
12 conditioning equipment having 240,000 British thermal unit (BTU)
13 per hour or more of cooling capacity. AN AIR-COOLED, <--
14 ELECTRICALLY OPERATED, SINGLE PACKAGE CENTRAL AIR CONDITIONER
15 AND SINGLE PACKAGE CENTRAL AIR-CONDITIONING HEAT PUMP FOR
16 COMMERCIAL APPLICATION WHICH IS RATED AT OR ABOVE 240,000 BTUS
17 PER HOUR AND BELOW 750,000 BTUS PER HOUR COOLING CAPACITY.
18 "Low voltage dry-type distribution transformer." A
19 distribution transformer that:
20 (1) has an input voltage of 600 volts or less;
21 (2) is between 14 kVa and 2,501 kVa in size;
22 (3) is air-cooled; and
23 (4) does not use oil as a coolant.
24 "Multifunction device." A physically integrated electronic
25 device that has the core function of a digital cable television
26 box and one or more major additional functionalities, including,
27 but not limited to, Internet access, personal digital recording
28 or video game operation.
29 "Packaged air-conditioning equipment." Air-conditioning <--
30 equipment that is built as a package and shipped as a whole to
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1 end-user sites.
2 "Pass-through cabinet." A commercial refrigerator or
3 commercial freezer with hinged or sliding doors on both the
4 front and rear thereof.
5 "Reach-in cabinet." A commercial refrigerator, commercial
6 refrigerator-freezer or commercial freezer with hinged or
7 sliding doors or lids but excluding a roll-in or roll-through
8 cabinet and pass-through cabinet.
9 "Roll-in or roll-through cabinet." A commercial refrigerator
10 or commercial freezer with hinged or sliding doors that allows
11 wheeled racks of product to be rolled into or through the
12 refrigerator or freezer.
13 "Set-top box." A digital cable television box, wireless <--
14 television receiver or digital television converter box.
15 "Torchiere lighting fixture." A portable electric lighting
16 fixture with a reflector bowl giving light directed upward so as
17 to give indirect illumination.
18 "Traffic signal module." A standard eight-inch (200 mm) or
19 12-inch (300 mm) round traffic signal indication consisting of a
20 light source, lens and all parts necessary for operation and
21 communication of movement messages to drivers through red, amber
22 and green colors, and arrow modules in the same colors to
23 indicate turning movements.
24 "Transformer." A device consisting essentially of two or
25 more coils of insulated wire that transfers alternating current
26 by electromagnetic induction from one coil to another in order
27 to change the original voltage or current value.
28 "Unit heater." A self-contained fan-type heater that uses
29 natural gas, propane or fuel oil and that is designed to be
30 installed within a heated space IN A COMMERCIAL OR INDUSTRIAL <--
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1 BUILDING. The term includes an apparatus or appliance that
2 supplies heat and a fan for circulating air over a heat exchange
3 surface enclosed in a common casing. The term does not include
4 "warm air furnaces" as specifically defined under the Energy
5 Policy Act of 1992 (Public Law 102-486, 42 U.S.C. § 13201 et
6 seq.).
7 "Wireless television receiver." A device used in conjunction <--
8 with a dish antenna to receive satellite or other wireless
9 television programming and that converts signals from a dish
10 antenna for use by a television set.
11 Section 3. Scope.
12 (a) General rule.--The provisions of this act apply to the
13 testing, certification and enforcement of efficiency standards
14 for the following types of new products sold, offered for sale
15 or installed in this Commonwealth:
16 (1) Ceiling fans and ceiling fan light kits. <--
17 (2) Commercial clothes washers.
18 (3) Commercial refrigerators and freezers.
19 (4) Illuminated exit signs.
20 (5) Large packaged air-conditioning equipment.
21 (6) Low voltage dry-type distribution transformers.
22 (7) Set-top boxes.
23 (8) Torchiere lighting fixtures.
24 (9) Traffic signal modules.
25 (10) Unit heaters.
26 (11) Such other products as may be designated by the
27 department in accordance with section 6.
28 (1) COMMERCIAL CLOTHES WASHERS. <--
29 (2) COMMERCIAL REFRIGERATORS AND FREEZERS.
30 (3) ILLUMINATED EXIT SIGNS.
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1 (4) LARGE PACKAGED AIR-CONDITIONING EQUIPMENT.
2 (5) LOW VOLTAGE DRY-TYPE DISTRIBUTION TRANSFORMERS.
3 (6) TORCHIERE LIGHTING FIXTURES.
4 (7) TRAFFIC SIGNAL MODULES.
5 (8) UNIT HEATERS.
6 (b) Exclusions.--The provisions of this act do not apply to
7 any of the following:
8 (1) New products manufactured in this Commonwealth and
9 sold outside this Commonwealth.
10 (2) New products manufactured outside this Commonwealth
11 and sold at wholesale inside this Commonwealth for final
12 retail sale and installation outside this Commonwealth.
13 (3) Products installed in mobile manufactured homes at
14 the time of construction.
15 (4) Products designed expressly for installation and use
16 in recreational vehicles.
17 Section 4. Efficiency standards.
18 Not later than January 1, 2004, the department 2005, THE <--
19 COMMISSION shall adopt regulations establishing minimum
20 efficiency standards for the types of new products set forth in
21 section 3. The regulations shall provide for the following
22 minimum efficiency standards:
23 (1) Ceiling fans and ceiling fan light kits shall meet <--
24 the Tier 1 criteria of the product specification (Version
25 1.1) of the "Energy Star Program Requirements for Residential
26 Ceiling Fans" developed by the Environmental Protection
27 Agency.
28 (2) (1) Commercial clothes washers shall meet, NOT LATER <--
29 THAN JANUARY 1, 2007, the requirements shown in Table P-3 of
30 section 1605.3 of the California Code of Regulations, Title
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1 20: Division 2, Chapter 4, Article 4: Appliance Efficiency
2 Regulations that took effect on November 27, 2002.
3 (3) (2) Commercial refrigerators and freezers shall meet <--
4 the August 1, 2004, requirements shown in Table A-6 of
5 section 1605.3 of the California Code of Regulations, Title
6 20: Division 2, Chapter 4, Article 4: Appliance Efficiency
7 Regulations that took effect on November 27, 2002.
8 (4) (3) Illuminated exit signs shall BE POWERED BY <--
9 ELECTRICITY AND meet the product specification (Version 2.0)
10 of the "Energy Star Program Requirements for Exit Signs"
11 developed by the Environmental Protection Agency.
12 (5) Large packaged air-conditioning equipment shall meet <--
13 the Tier 2 efficiency levels of the "Minimum Equipment
14 Efficiencies for Unitary Commercial Air Conditioners" and
15 "Minimum Equipment Efficiencies for Heat Pumps" developed by
16 the Consortium for Energy Efficiency, Boston, Massachusetts,
17 and that took effect on July 1, 2002.
18 (4) LARGE PACKAGED AIR-CONDITIONING EQUIPMENT SHALL MEET <--
19 THE ASHRAE 90.1 ENERGY STANDARDS ESTABLISHED FOR THIS
20 CATEGORY OF EQUIPMENT.
21 (6) (5) Low voltage dry-type distribution transformers <--
22 shall meet or exceed the energy efficiency values shown in
23 Table 4-2 of National Electrical Manufacturers Association
24 Standard TP-1-2002.
25 (7) Set-top boxes other than multifunction devices shall <--
26 meet the Tier 1 criteria of the product specification of the
27 Environmental Protection Agency's "Energy Star Program
28 Requirements for Set-top Boxes" that took effect on January
29 1, 2001.
30 (8) (6) Torchiere lighting fixtures shall not consume <--
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1 more than 190 watts and shall not be capable of operating
2 with lamps that total more than 190 watts.
3 (9) (7) Traffic signal modules shall meet the product <--
4 specification of the "Energy Star Program Requirements for
5 Traffic Signals" developed by the Environmental Protection
6 Agency and that took effect in February 2001.
7 (10) Unit heaters shall not have pilot lights and shall <--
8 have either power venting or an automatic flue damper.
9 (8) UNIT HEATERS INSTALLED WITHIN A HEATED SPACE IN A <--
10 COMMERCIAL OR INDUSTRIAL BUILDING SHALL BE EQUIPPED WITH AN
11 INTERMITTENT IGNITION DEVICE AND HAVE EITHER POWER VENTING OR
12 AN AUTOMATIC FLUE DAMPER.
13 Section 5. Implementation.
14 (a) Sale of new products.--On or after January 1, 2005, no <--
15 (A) SALE AND INSTALLATION OF NEW PRODUCTS.--NO new product <--
16 of a type set forth in section 3 may be sold or offered for sale
17 in this Commonwealth unless the efficiency of the new product
18 meets or exceeds the efficiency standards set forth in the
19 regulations adopted pursuant to section 4 AND COMPLIES WITH <--
20 SUBSECTION (B).
21 (b) Installation of new products.--On or after January 1, <--
22 2006, no new product of a type set forth in section 3 may be
23 installed in this Commonwealth unless the efficiency of the new
24 product meets or exceeds the efficiency standards set forth in
25 the regulations adopted pursuant to section 4.
26 Section 6. New and revised standards.
27 The department may establish increased efficiency standards
28 on the products listed in section 3. In considering such new or
29 amended standards, the department shall set efficiency standards
30 upon a determination that increased efficiency standards would
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1 serve to promote energy conservation in this Commonwealth and
2 would be cost-effective for consumers who purchase and use such
3 new products, provided no new or increased efficiency standards
4 shall become effective within one year following the adoption of
5 any amended regulations providing for such increased efficiency
6 standards. The department may apply for a waiver of Federal
7 preemption in accordance with section 327 of the Energy Policy
8 and Conservation Act (Public Law 94-163, 42 U.S.C. § 6297).
9 (B) MONITORING OF OTHER STATES' STANDARDS.-- <--
10 (1) THE COMMISSION SHALL MONITOR THE ADOPTION OF ENERGY
11 EFFICIENCY STANDARDS IN OTHER STATES FOR PRODUCTS FOR WHICH
12 THE COMMISSION ADOPTS ENERGY EFFICIENCY STANDARDS PURSUANT TO
13 SECTION 4. WHEN THE COMMISSION DETERMINES THAT AT LEAST ONE
14 OTHER STATE OR STATES WITH AN AGGREGATE POPULATION OF
15 13,000,000 HAVE ADOPTED ENERGY EFFICIENCY STANDARDS FOR A
16 PRODUCT OR PRODUCTS THAT ARE THE SAME AS OR MORE STRINGENT
17 THAN STANDARDS ADOPTED BY THE COMMISSION FOR THE PRODUCT OR
18 PRODUCTS UNDER SECTION 4, THE COMMISSION SHALL PROMPTLY ISSUE
19 A FINDING TO THAT EFFECT, BUT IN NO EVENT SHALL THE FINDING
20 ISSUE LATER THAN 30 DAYS AFTER ADOPTION OF SUCH STANDARDS BY
21 THE OTHER STATE OR STATES.
22 (2) FOR THE PURPOSE OF THIS SUBSECTION, A STATE IS
23 DEEMED TO HAVE ADOPTED A STANDARD AS OF THE DATE AN ACT THAT
24 INCORPORATES STANDARDS WITHIN THE ACT ITSELF OR THAT DIRECTS
25 AN AGENCY OF THAT STATE TO ADOPT STANDARDS IS SIGNED INTO
26 LAW.
27 (C) EFFECTIVE DATE OF STANDARDS.--
28 (1) NOTWITHSTANDING THE PROVISIONS OF SUBSECTIONS (A)
29 AND (B), ENERGY EFFICIENCY STANDARDS ADOPTED BY THE
30 COMMISSION PURSUANT TO SECTION 4 SHALL TAKE EFFECT NO EARLIER
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1 THAN TWO YEARS AFTER A FINDING ISSUED BY THE COMMISSION THAT
2 A COMBINATION OF STATES WITHIN THE GROUP OF MAINE, NEW
3 HAMPSHIRE, VERMONT, MASSACHUSETTS, RHODE ISLAND, CONNECTICUT,
4 NEW YORK, NEW JERSEY AND MARYLAND, WITH A MINIMUM AGGREGATE
5 POPULATION OF 13,000,000 HAVE ADOPTED AN ENERGY EFFICIENCY
6 STANDARD FOR A PRODUCT THAT IS THE SAME AS OR MORE STRINGENT
7 THAN THE ENERGY EFFICIENCY STANDARD FOR A PRODUCT THAT IS THE
8 SAME AS OR MORE STRINGENT THAN THE ENERGY EFFICIENCY STANDARD
9 ADOPTED BY THE COMMISSION FOR THE PRODUCT.
10 (2) NO PRODUCT IDENTIFIED BY A DETERMINATION OF THE
11 COMMISSION UNDER SUBSECTION (B) MAY BE SOLD, OFFERED FOR
12 SALE, OR INSTALLED IN THIS COMMONWEALTH UNLESS THE EFFICIENCY
13 OF THE PRODUCT MEETS OR EXCEEDS THE ENERGY EFFICIENCY
14 STANDARD ADOPTED BY THE COMMISSION.
15 Section 7 6. Administration. <--
16 (a) Testing.--If the procedures for testing the energy
17 efficiency of the new products covered by section 3 are not
18 provided for by State law, the department COMMISSION shall use <--
19 the Department of Energy approved test methods or, in the
20 absence of such test methods, other appropriate nationally
21 recognized test methods. The manufacturers of such products
22 shall provide samples to be tested in accordance with the test
23 procedures adopted pursuant to this act or those specified in
24 other State law.
25 (b) Manufacturer certification.--Manufacturers of products
26 covered by section 3 shall certify to the department COMMISSION <--
27 that such products are in compliance with the provisions of this
28 act. The department COMMISSION shall adopt regulations governing <--
29 the certification of the products and may work in coordination
30 with the certification program of other states with like
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1 standards.
2 (c) Identification.--Manufacturers of products covered by
3 section 3 shall identify each product offered for sale or
4 installed in this Commonwealth as in compliance with the
5 provisions of this act by means of a mark, label or tag on the
6 product and packaging at the time of sale or installation. The
7 department COMMISSION shall adopt regulations governing the <--
8 identification of the products and packaging and may work in
9 coordination with the labeling programs of other states with
10 like standards.
11 (d) Noncomplying tested products.--The department COMMISSION <--
12 may test a product covered by section 3 using an accredited
13 testing facility. If a product so tested is found not to be in
14 compliance with the minimum efficiency standards established
15 under section 4, the department COMMISSION shall: <--
16 (1) Charge the manufacturer of the product for the cost
17 of product purchase and testing.
18 (2) Provide information to the public on the products.
19 (e) Periodic inspection.--The department COMMISSION may <--
20 cause periodic inspections to be made of distributors or
21 retailers of new products covered by section 3 in order to
22 determine compliance with the provisions of this act. The
23 department COMMISSION shall cooperate with other administrative <--
24 departments to coordinate on inspections for new products that
25 are also covered by other state laws.
26 (f) Investigations and penalty.--
27 (1) The Attorney General shall investigate complaints
28 received concerning violations of this act. The Attorney
29 General may institute proceedings to enforce the provisions
30 of this act.
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1 (2) A manufacturer that violates any provision of this
2 act shall be issued a warning by the Attorney General for any
3 first violation.
4 (3) Repeat violations shall be subject to a civil
5 penalty of not more than $250. Each violation shall
6 constitute a separate offense and each day that such
7 violation continues shall constitute a separate offense.
8 (4) Penalties assessed under this subsection are in
9 addition to costs assessed under subsection (d).
10 (g) Regulations.--The department COMMISSION shall adopt <--
11 regulations as necessary to insure the proper implementation and
12 enforcement of the provisions of this act.
13 Section 8 7. Severability. <--
14 The provisions of this act are severable. If any provision of
15 this act or its application to any person or circumstance is
16 held invalid, the invalidity shall not affect other provisions
17 or applications of this act which can be given effect without
18 the invalid provision or application.
19 Section 9 8. Effective date. <--
20 This act shall take effect in 60 days.
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