PRINTER'S NO. 297
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 20050S0290B0297 - 5 -
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. B8L12RLE/20050S0290B0297 - 10 -