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                                                       PRINTER'S NO. 297

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 290 Session of 2005


        INTRODUCED BY CONTI, RAFFERTY, MUSTO, PILEGGI, RHOADES, WOZNIAK,
           LEMMOND, KASUNIC, COSTA, KITCHEN, C. WILLIAMS, LAVALLE,
           ERICKSON AND STACK, FEBRUARY 15, 2005

        REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
           FEBRUARY 15, 2005

                                     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 Pennsylvania Public Utility Commission and of
     4     the Attorney General.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Short title.
     8     This act shall be known and may be cited as the Energy
     9  Efficiency Standards Act.
    10  Section 2.  Definitions.
    11     The following words and phrases when used in this act shall
    12  have the meanings given to them in this section unless the
    13  context clearly indicates otherwise:
    14     "Attorney General."  The Attorney General of the
    15  Commonwealth.
    16     "Commercial clothes washer."  A soft mount front-loading or
    17  soft mount top-loading clothes washer that is designed for use
    18  in:

     1         (1)  applications where the occupants of more than one
     2     household will be using it, including multifamily housing
     3     common areas and coin laundries; or
     4         (2)  other commercial applications, if the clothes
     5     container compartment is no greater than 3.5 cubic feet for
     6     horizontal-axis clothes washers or no greater than 4.0 cubic
     7     feet for vertical-axis clothes washers.
     8     "Commercial refrigerator and freezer."  A reach-in cabinet,
     9  pass-through cabinet, roll-in cabinet or roll-through cabinet
    10  that has less than 85 cubic feet of capacity and that is not a
    11  walk-in model or consumer product regulated under the Energy
    12  Policy and Conservation Act (Public Law 94-163, 89 Stat. 871).
    13     "Commission."  The Pennsylvania Public Utility Commission of
    14  the Commonwealth.
    15     "Illuminated exit sign."  A sign that is powered by
    16  electricity, designed to be permanently fixed in place and used
    17  to identify an exit in which a light source illuminates the sign
    18  or letters internally and the background of the exit sign is not
    19  transparent.
    20     "Large packaged air-conditioning equipment."  An air-cooled,
    21  electrically operated, single package central air conditioner
    22  and single package central air-conditioning heat pump for
    23  commercial application which is rated at or above 240,000 BTUs
    24  per hour and below 750,000 BTUs per hour cooling capacity.
    25     "Low voltage dry-type distribution transformer."  A
    26  distribution transformer that:
    27         (1)  has an input voltage of 600 volts or less;
    28         (2)  is between 14 kVa and 2,501 kVa in size;
    29         (3)  is air-cooled; and
    30         (4)  does not use oil as a coolant.
    20050S0290B0297                  - 2 -     

     1     "Pass-through cabinet."  A commercial refrigerator or
     2  commercial freezer with hinged or sliding doors on both the
     3  front and rear thereof.
     4     "Reach-in cabinet."  A commercial refrigerator, commercial
     5  refrigerator-freezer or commercial freezer with hinged or
     6  sliding doors or lids but excluding a roll-in or roll-through
     7  cabinet and pass-through cabinet.
     8     "Roll-in or roll-through cabinet."  A commercial refrigerator
     9  or commercial freezer with hinged or sliding doors that allows
    10  wheeled racks of product to be rolled into or through the
    11  refrigerator or freezer.
    12     "Torchiere lighting fixture."  A portable electric lighting
    13  fixture with a reflector bowl giving light directed upward so as
    14  to give indirect illumination.
    15     "Traffic signal module."  A standard eight-inch (200 mm) or
    16  12-inch (300 mm) round traffic signal indication consisting of a
    17  light source, lens and all parts necessary for operation and
    18  communication of movement messages to drivers through red, amber
    19  and green colors, and arrow modules in the same colors to
    20  indicate turning movements.
    21     "Transformer."  A device consisting essentially of two or
    22  more coils of insulated wire that transfers alternating current
    23  by electromagnetic induction from one coil to another in order
    24  to change the original voltage or current value.
    25     "Unit heater."  A self-contained fan-type heater that uses
    26  natural gas, propane or fuel oil and that is designed to be
    27  installed within a heated space in a commercial or industrial
    28  building. The term includes an apparatus or appliance that
    29  supplies heat and a fan for circulating air over a heat exchange
    30  surface enclosed in a common casing. The term does not include
    20050S0290B0297                  - 3 -     

     1  "warm air furnaces" as specifically defined under the Energy
     2  Policy Act of 1992 (Public Law 102-486, 42 U.S.C. § 13201 et
     3  seq.).
     4  Section 3.  Scope.
     5     (a)  General rule.--The provisions of this act apply to the
     6  testing, certification and enforcement of efficiency standards
     7  for the following types of new products sold, offered for sale
     8  or installed in this Commonwealth:
     9         (1)  Commercial clothes washers.
    10         (2)  Commercial refrigerators and freezers.
    11         (3)  Illuminated exit signs.
    12         (4)  Large packaged air-conditioning equipment.
    13         (5)  Low voltage dry-type distribution transformers.
    14         (6)  Torchiere lighting fixtures.
    15         (7)  Traffic signal modules.
    16         (8)  Unit heaters.
    17     (b)  Exclusions.--The provisions of this act do not apply to
    18  any of the following:
    19         (1)  New products manufactured in this Commonwealth and
    20     sold outside this Commonwealth.
    21         (2)  New products manufactured outside this Commonwealth
    22     and sold at wholesale inside this Commonwealth for final
    23     retail sale and installation outside this Commonwealth.
    24         (3)  Products installed in mobile manufactured homes at
    25     the time of construction.
    26         (4)  Products designed expressly for installation and use
    27     in recreational vehicles.
    28  Section 4.  Efficiency standards.
    29     Not later than June 1, 2005, the commission shall adopt
    30  regulations establishing minimum efficiency standards for the
    20050S0290B0297                  - 4 -     

     1  types of new products set forth in section 3 (relating to
     2  scope). The regulations shall provide for the following minimum
     3  efficiency standards:
     4         (1)  Commercial clothes washers shall meet, not later
     5     than January 1, 2007, the requirements shown in 10 CFR
     6     430.32(g)(2) (relating to energy and water conservation
     7     standards and effective dates).
     8         (2)  Commercial refrigerators and freezers shall not
     9     consume more than the following:
    10             (i)  Reach-in cabinets, pass-through cabinets and
    11         roll-in or roll-through cabinets that are refrigerators
    12         and that have solid doors shall have a maximum daily
    13         consumption of electricity equal to or less than 0.125
    14         multiplied by the volume (in units of cubic feet) plus
    15         2.76. This value shall be measured in kilowatt-hours.
    16             (ii)  Reach-in cabinets, pass-through cabinets and
    17         roll-in or roll-through cabinets that are refrigerators
    18         and that have transparent doors shall have a maximum
    19         daily consumption of electricity equal to or less than
    20         0.172 multiplied by the volume (in units of cubic feet)
    21         plus 4.77. This value shall be measured in kilowatt-
    22         hours.
    23             (iii)  Reach-in cabinets, pass-through cabinets and
    24         roll-in or roll-through cabinets that are freezers and
    25         that have solid doors shall have a maximum daily
    26         consumption of electricity equal to or less than 0.398
    27         multiplied by the volume (in units of cubic feet) plus
    28         2.28. This value shall be measured in kilowatt-hours.
    29             (iv)  Reach-in cabinets, pass-through cabinets and
    30         roll-in or roll-through cabinets that are freezers and
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     1         that have transparent doors shall have a maximum daily
     2         consumption of electricity equal to or less than 0.94
     3         multiplied by the volume (in units of cubic feet) plus
     4         5.1. This value shall be measured in kilowatt-hours.
     5             (v)  Reach-in cabinets that are refrigerator-freezers
     6         and that have solid doors shall have a maximum daily
     7         consumption of electricity equal to or less than 0.273
     8         multiplied by the adjusted volume (in units of cubic
     9         feet) plus 1.65. This value shall be measured in
    10         kilowatt-hours.
    11             (vi)  For the purposes of subparagraph (v), the
    12         adjusted volume is equal to the sum of the freezer volume
    13         (in units of cubic feet) multiplied by 1.63 plus the
    14         refrigerator volume (in units of cubic feet).
    15         (3)  Illuminated exit signs shall be powered by
    16     electricity and meet the product specification (Version 2.0)
    17     of the "Energy Star Program Requirements for Exit Signs"
    18     developed by the Environmental Protection Agency.
    19         (4)  Large packaged air-conditioning equipment shall meet
    20     the ASHRAE 90.1 energy standards established for this
    21     category of equipment.
    22         (5)  Low voltage dry-type distribution transformers shall
    23     meet or exceed the energy efficiency values shown in Table 4-
    24     2 of National Electrical Manufacturers Association Standard
    25     TP-1-2002.
    26         (6)  Torchiere lighting fixtures shall not consume more
    27     than 190 watts and shall not be capable of operating with
    28     lamps that total more than 190 watts.
    29         (7)  Traffic signal modules shall meet the product
    30     specification of the "Energy Star Program Requirements for
    20050S0290B0297                  - 6 -     

     1     Traffic Signals" developed by the Environmental Protection
     2     Agency and that took effect in February 2001.
     3         (8)  Unit heaters installed within a heated space in a
     4     commercial or industrial building shall be equipped with an
     5     intermittent ignition device and have either power venting or
     6     an automatic flue damper.
     7  Section 5.  Implementation.
     8     (a)  Monitoring of other states' standards.--
     9         (1)  The commission shall monitor the adoption of energy
    10     efficiency standards in other states for products for which
    11     the commission adopts energy efficiency standards pursuant to
    12     section 4 (relating to efficiency standards). When the
    13     commission determines that at least one other state or states
    14     with an aggregate population of 13,000,000 have adopted
    15     energy efficiency standards for a product or products that
    16     are the same as or more stringent than standards adopted by
    17     the commission for the product or products under section 4,
    18     the commission shall promptly issue a finding to that effect,
    19     but in no event shall the finding issue later than 30 days
    20     after adoption of such standards by the other state or
    21     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     (b)  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
    20050S0290B0297                  - 7 -     

     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 adopted by the commission
     8     for the product.
     9         (2)  No product identified by a determination of the
    10     commission under subsection (b) may be sold, offered for
    11     sale, or installed in this Commonwealth unless the efficiency
    12     of the product meets or exceeds the energy efficiency
    13     standard adopted by the commission pursuant to this act.
    14  Section 6.  Administration.
    15     (a)  Testing.--If the procedures for testing the energy
    16  efficiency of the new products covered by section 3 (relating to
    17  scope) are not provided for by State law, the commission shall
    18  use the Department of Energy approved test methods or, in the
    19  absence of such test methods, other appropriate nationally
    20  recognized test methods. The manufacturers of such products
    21  shall provide samples to be tested in accordance with the test
    22  procedures adopted pursuant to this act or those specified in
    23  other State law.
    24     (b)  Manufacturer certification.--Manufacturers of products
    25  covered by section 3 shall certify to the commission that such
    26  products are in compliance with the provisions of this act. The
    27  commission shall adopt regulations governing the certification
    28  of the products and may work in coordination with the
    29  certification program of other states with like standards.
    30     (c)  Identification.--Manufacturers of products covered by
    20050S0290B0297                  - 8 -     

     1  section 3 shall identify each product offered for sale or
     2  installed in this Commonwealth as in compliance with the
     3  provisions of this act by means of a mark, label or tag on the
     4  product and packaging at the time of sale or installation. The
     5  commission shall adopt regulations governing the identification
     6  of the products and packaging and may work in coordination with
     7  the labeling programs of other states with like standards.
     8     (d)  Noncomplying tested products.--The commission may test a
     9  product covered by section 3 using an accredited testing
    10  facility. If a product so tested is found not to be in
    11  compliance with the minimum efficiency standards established
    12  under section 4 (relating to efficiency standards), the
    13  commission shall:
    14         (1)  Charge the manufacturer of the product for the cost
    15     of product purchase and testing.
    16         (2)  Provide information to the public on the products.
    17     (e)  Periodic inspection.--The commission may cause periodic
    18  inspections to be made of distributors or retailers of new
    19  products covered by section 3 in order to determine compliance
    20  with the provisions of this act. The commission shall cooperate
    21  with other administrative departments to coordinate on
    22  inspections for new products that are also covered by other
    23  state laws.
    24     (f)  Investigations and penalty.--
    25         (1)  The Attorney General shall investigate complaints
    26     received concerning violations of this act. The Attorney
    27     General may institute proceedings to enforce the provisions
    28     of this act.
    29         (2)  A manufacturer that violates any provision of this
    30     act shall be issued a warning by the Attorney General for any
    20050S0290B0297                  - 9 -     

     1     first violation.
     2         (3)  Repeat violations shall be subject to a civil
     3     penalty of not more than $250. Each violation shall
     4     constitute a separate offense and each day that such
     5     violation continues shall constitute a separate offense.
     6         (4)  Penalties assessed under this subsection are in
     7     addition to costs assessed under subsection (d).
     8     (g)  Regulations.--The commission shall adopt regulations as
     9  necessary to insure the proper implementation and enforcement of
    10  the provisions of this act.
    11  Section 7.  Severability.
    12     The provisions of this act are severable. If any provision of
    13  this act or its application to any person or circumstance is
    14  held invalid, the invalidity shall not affect other provisions
    15  or applications of this act which can be given effect without
    16  the invalid provision or application.
    17  Section 8.  Effective date.
    18     This act shall take effect immediately.








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