PRINTER'S NO. 675
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
595
Session of
2015
INTRODUCED BY BRIGGS, COHEN, FRANKEL, THOMAS, VITALI, MURT,
ROZZI, McCARTER AND KINSEY, FEBRUARY 24, 2015
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 24, 2015
AN ACT
Providing for minimum energy efficiency standards for certain
appliances and equipment; providing for authority of the
Secretary of Environmental Protection and for the powers and
duties of the Department of Environmental Protection;
imposing duties on the Environmental Quality Board; imposing
penalties; providing for the powers and duties of the
Attorney General; establishing the Appliance Energy
Efficiency Fund; and making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Appliance
Energy Efficiency Standards Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Art work light fixture." A light fixture designed only to
be mounted directly to or adjacent to art work and for the
purpose of illuminating that art work.
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"Attorney General." The Attorney General of the
Commonwealth.
"Board." The Environmental Quality Board of the
Commonwealth.
"Bottle-type water dispenser." A water dispenser that uses a
bottle or reservoir as the source of potable water.
"Combination television." A system in which a television or
television monitor and an additional device or devices,
including, but not limited to, a DVD player or a VCR, are
combined into a single unit in which the additional devices are
included in the television casing.
"Commercial hot food holding cabinet." A heated, fully
enclosed compartment with one or more doors that is designed to
maintain the temperature of hot food that has been cooked in a
separate appliance. The term does not include heated glass
merchandising cabinets, drawer warmers or cook-and-hold
appliances.
"Component television." A television composed of two or more
separate components marketed and sold as a television under one
model or system designation. An example of a component
television is a separate display device and tuner that is sold
as a model or a system. A component television may have more
than one power cord.
"Computer monitor." An analog or digital device designed
primarily for the display of computer-generated signals and that
is not marketed for use as a television.
"Covered product." New products sold, offered for sale or
installed in this Commonwealth that are subject to the terms of
this act.
"Department." The Department of Environmental Protection of
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the Commonwealth.
"Department of Energy." The United States Department of
Energy.
"EPA." The United States Environmental Protection Agency.
"Fund." The Appliance Energy Efficiency Fund established in
section 10.
"LED light engine." A subsystem of an LED light fixture that
includes one or more LED components, including an LED driver
power source with electrical and mechanical interfaces, and an
integral heat sink to provide thermal dissipation and that may
be designed to accept additional components that provide
aesthetic, optical and environmental control.
"LED light fixture." A complete lighting unit consisting of
an LED light source, with one or more LED lamps or LED light
engines, together with parts to distribute light, to position
and protect the light source and to connect the light source to
electrical power.
"Light fixture." A product designed to provide light that
includes at least one lamp socket and parts to distribute the
light, to position or protect one or more lamps and to connect
one or more lamps to a power supply.
"Portable electric spa." A factory-built electric spa or hot
tub, supplied with equipment for heating and circulating water.
"Portable light fixture." A light fixture that has a
flexible cord and an attachment plug for connection to a nominal
120-volt circuit that allows the user to relocate the product
without rewiring and that typically can be controlled with a
switch on the product or the power cord of the product. The term
does not include art work light fixtures, direct plug-in night
lights, sun or heat lamps, medical or dental lights, portable
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electric hand lamps, signs or commercial advertising displays,
photographic lamps, germicidal lamps or light fixtures for
marine use or for use in hazardous locations as those terms are
designated in ANSI/NFPA 70 of the National Electrical Code, or
its successor standard. The term does not include decorative
lighting strings, decorative lighting outfits or electric
candles or candelabra without lamp shades that are covered under
Underwriter Laboratories standard 588 "Seasonal and Holiday
Decorative Products," or its successor standard.
"Secretary." The Secretary of Environmental Protection of
the Commonwealth.
"Television." An analog or digital device designed primarily
for the display and reception of a terrestrial, satellite, cable
Internet Protocol TV or other broadcast or recorded transmission
of analog or digital signals. The term includes combination
televisions, television monitors, component televisions and a
product marketed as a television. The term does not include
computer monitors.
"Television monitor." A television that does not have an
internal tuner or receiver or a playback device.
"Total horsepower." The product of a motor's service factor
and nameplate horsepower.
"Water dispenser." A factory-made assembly that mechanically
cools and heats potable water and that dispenses the cooled or
heated water by integral or remote means.
Section 3. Scope.
(a) Applicability.--This act shall apply to the testing,
certification and enforcement of efficiency standards for a
covered product.
(b) Exclusions.--This act shall not apply to the following:
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(1) a new product manufactured in this Commonwealth and
sold outside this Commonwealth;
(2) a new product manufactured outside this Commonwealth
and sold at wholesale inside this Commonwealth for final
retail sale and installation outside this Commonwealth;
(3) a product installed in manufactured homes at the
time of construction; and
(4) a product designed expressly for installation and
use in recreational vehicles.
Section 4. Efficiency standards.
In accordance with section 6, the secretary may adopt minimum
efficiency standards and other requirements to meet the purposes
of this act. For covered products, the standards shall be no
less stringent than the following minimum efficiency standards:
(1) Bottle-type water dispensers designed for dispensing
both hot and cold water may not have standby energy
consumption greater than 1.2 kilowatt hours per day, as
measured in accordance with the test criteria contained in
version 1 of the EPA's "Energy Star Program Requirements for
Bottled Water Coolers," except units with an integral,
automatic timer may not be tested using Section D, "Timer
Usage," of the test criteria.
(2) Commercial hot food holding cabinets with interior
volume of eight cubic feet or greater shall have a maximum
idle energy rate of 40 watts per cubic foot of interior
volume, as determined by the "idle energy rate-dry test" in
ASTM F2140-01, "Standard Test Method for Performance of Hot
Food Holding Cabinets" published by ASTM International.
Interior volume shall be measured in accordance with the
method shown in the EPA's "Energy Star Program Requirements
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for Commercial Hot Food Holding Cabinets" as in effect on
August 15, 2003.
(3) Portable light fixtures shall meet one or more of
the following requirements:
(i) Be a fluorescent light fixture that meets the
requirements of the EPA's "Energy Star Program for
Residential Light Fixtures Version 4.2."
(ii) Be equipped with only one or more GU-24 line
voltage sockets, not be rated for use with incandescent
lamps, as defined in American National Standard Institute
standards, and meet the requirements of the EPA's "Energy
Star Program for Residential Light Fixtures Version 4.2,"
including line voltage or low voltage.
(iii) Be an LED light fixture or a light fixture
with an LED light engine and comply with the following
minimum requirements:
(A) Minimum light output: 200 lumens - initial.
(B) Minimum LED light engine efficacy: 40
lumens/watt in fixtures that meet the minimum light
fixture efficacy of 29 lumens/watt or, alternatively,
a minimum LED light engine efficacy of 60 lumens/watt
for fixtures that do not meet the minimum light
fixture efficacy of 29 lumens per watt.
(C) The portable fixtures shall have a minimum
LED light fixture efficacy of 29 lumens/watt and a
minimum LED light engine efficacy of 60 lumens/watt
by January 1, 2020.
(D) Color Correlated Temperature: 2700K through
4000K.
(E) Minimum Color Rendering Index: 75.
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(F) Power factor equal to or greater than 0.70.
(G) Portable light fixtures that have internal
power supplies shall have zero standby power when the
light fixture is turned off.
(H) LED light sources shall deliver at least 70%
of initial lumens for at least 25,000 hours.
(iv) Be equipped with a screw socket designated E12,
E17 or E26 by the American National Standards Institute
and be prepackaged and sold together with one screw-based
compact fluorescent lamp or screw-based LED lamp for each
screw-based socket on the light fixture. The compact
fluorescent or LED lamps prepackaged with the light
fixture shall be fully compatible with a light fixture
control incorporated into the light fixture, such as
light fixtures with dimmers packed with dimmable lamps.
Compact fluorescent lamps prepackaged with light fixtures
shall meet the requirements of the EPA's "Energy Star
Program for CFLs, Version 4.0."
(v) Be equipped with one or more single-ended, non-
screw-based halogen lamp sockets, line or low voltage, a
dimmer control or high-low control, and be rated for a
maximum of 100W.
(4) Portable electric spas shall meet the requirements
contained in ANSI/APSP/ICC 14 of 2011, the American National
Standard for Portable Electric Spa Energy Efficiency,
including a normalized standby power not greater than 5(V2/3)
Watts where V equals the fill volume in gallons, as measured
in accordance with the test method for portable electric spas
contained in ANSI/APSP/ICC 14 of 2011.
(5) Televisions with a viewable screen area no greater
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than 1400 square inches shall:
(i) use no more than (0.12* viewable screen area
(in2) + 25) watts in on mode;
(ii) use no more than one (1) watt in standby
passive mode; and
(iii) have a peak luminance in the preset mode
designed for typical home use and for the default mode as
shipped that is no less than 65% of the peak luminance at
the brightest setting.
Section 5. Implementation.
(a) Sale of new products.--On or after January 1, 2017, no
covered product may be sold or offered for sale in this
Commonwealth unless the efficiency of the covered product meets
or exceeds the efficiency standards set forth in this section or
adopted under section 6.
(b) Installation of new products.--On or after January 1,
2018, no covered product may be installed in this Commonwealth
unless the efficiency of the new product meets or exceeds the
efficiency standards set forth in section 4 or adopted under
section 6.
Section 6. New and revised standards.
(a) Authority of board.--The board may establish new or
increased efficiency standards for covered products by
regulation. The board may also establish standards for products
not included in the definition of covered products. In
considering new or amended standards, the board shall set
efficiency standards upon a determination that increased
efficiency standards would promote energy conservation in the
State and would be cost-effective for consumers who purchase and
use the new products, provided that no new or increased
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efficiency standards may become effective within one year
following the adoption of amended regulations establishing the
increased efficiency standards.
(b) Secretary's authority.--Notwithstanding subsection (a),
and in order to facilitate the speedy implementation of this
act, the secretary may adopt new or increased energy efficiency
standards for covered products through guidelines that shall be
published in the Pennsylvania Bulletin. The guidelines shall not
be subject to review under section 204(b) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys
Act, and shall not be subject to review under the act of June
25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
The guidelines shall be effective until the board adopts a final
rulemaking establishing new or increased energy efficiency
standards relating to that covered product.
(c) Standard determinations.--In order to exercise the
authority in subsection (b), the secretary must determine that
the following apply:
(1) The standards will promote energy conservation in
this Commonwealth.
(2) The standards will be cost effective for consumers
who purchase and use the products.
(3) The standards are used by the industry and are
publicly available in the United States.
(4) Products that meet the standards are widely
available for purchase at retailers in this Commonwealth.
(d) Adopted standards.--Standards adopted under subsection
(b) shall not become effective until six months following
publication in the Pennsylvania Bulletin.
(e) Waiver.--The department may apply for a waiver of
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Federal preemption in accordance with section 327 of the Energy
Policy and Conservation Act (Public Law 94-163, 89 Stat. 871).
Section 7. Administration.
(a) Testing.--If the procedures for testing the energy
efficiency of covered products are not provided under State law,
the department shall use the Department of Energy-approved test
methods or, in the absence of such test methods, other
appropriate nationally or State-recognized test methods. The
manufacturers of covered products shall provide to the
department, certification of the test data of the samples tested
in accordance with the test procedures adopted under this act or
those specified in other State law.
(b) Manufacturer certification.--Manufacturers of covered
products shall certify to the department that the products are
in compliance with the provisions of this act. The board shall
adopt regulations governing the certification of the products
and may work in coordination with the certification program of
other states with like standards.
(c) Reciprocity.--The board shall adopt regulations
governing the certification of new products and may coordinate
with the certification programs of other states with similar
standards. A manufacturer that certified a product to another
state or to the EPA Energy Star Program may provide the
department with a copy of the certification that the
manufacturer made to the other state or agency in place of a
separate certification to the department, provided that:
(1) the other state's standards or the Energy Star
specifications are equivalent to or more stringent than the
standards established under this act; and
(2) the information required by the regulations adopted
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under paragraph (1) is included in the certification.
(d) Identification.--A manufacturer of covered products
shall identify that each product offered for sale or installed
in this Commonwealth is in compliance with the provisions of
this act by means of a mark, label or tag on the product and
packaging at the time of sale or installation. The board shall
adopt regulations governing the identification of the products
and packaging and may work in coordination with the labeling
programs of other states with like standards.
(e) Noncompliant tested products.--The department may test a
covered product using an accredited testing facility. The board
shall adopt regulations governing the identification testing
protocols from similar states or the EPA Energy Star Program and
may work in coordination with testing programs of other states
with like standards or the EPA Energy Star Program. If a product
is tested and is not in compliance with the minimum efficiency
standards established under section 6 or adopted under this
section, the department shall:
(1) Charge the manufacturer of the product for the cost
of product purchase and testing.
(2) Provide information to the public on the products.
(f) Periodic inspection.--The department may cause periodic
inspections to be made of distributors or retailers of covered
products in order to determine compliance with the provisions of
this act. The department shall cooperate with other Commonwealth
agencies to coordinate inspections for covered products that are
covered by other State laws.
(g) Regulations.--The board shall adopt regulations as
necessary to ensure the proper implementation and enforcement of
the provisions of this act.
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Section 8. Unlawful conduct.
It shall be unlawful to:
(1) fail to comply with, or to cause or assist in the
violation of, a provision of this act or a rule, regulation
or guideline adopted under this act;
(2) fail to comply with an order of the department;
(3) hinder, obstruct, prevent or interfere with the
department or its personnel in the performance of a duty
under this act; or
(4) violate the provisions of 18 Pa.C.S. ยง 4903
(relating to false swearing) or 4904 (relating to unsworn
falsification to authorities) in regard to papers required to
be submitted under this act.
Section 9. Civil penalties and remedies.
(a) Civil penalty.--
(1) In addition to proceeding under another remedy, for
a violation of a provision of this act or a rule or
regulation adopted or order issued under this act, the
department may assess a civil penalty of not more than $250
for the first day of each offense and $250 for each
additional day of continuing violation. In determining the
amount of the penalty, the department may consider:
(i) The extent of the violation.
(ii) The willfulness of the violation.
(iii) Previous violations.
(iv) The economic benefit to the violator for
failing to comply with this act.
(2) Whenever the department finds it appropriate, the
department may issue a warning in lieu of assessing a penalty
where the manufacturer, distributor or retailer takes
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immediate action to resolve the violation and come into
compliance.
(b) Collection.--In cases of inability to collect the civil
penalty or failure of a person to pay all or a portion of the
penalty, as the department may determine, the department may
refer the matter to the Office of Attorney General. The Office
of Attorney General shall take appropriate action to recover the
penalty. A penalty assessed shall act as a lien on the property
of the person against whom the penalty has been assessed.
(c) Civil remedies.--In order to restrain or prevent a
violation of this act or the rules and regulations promulgated
under this act or an order issued under this act, suits may be
instituted in equity or at law. These proceedings may be
prosecuted in Commonwealth Court or in the court of common pleas
of the county where the activity has taken place, the condition
exists or the public is affected. In addition to an injunction,
the court in an equity proceeding may assess civil penalties in
accordance with this section. The court may, in its decree, fix
a reasonable time during which the person responsible for the
violation may make provision for the abatement of the violation.
Section 10. Appliance Energy Efficiency Fund.
There is established a special nonlapsing account in the
General Fund to be known as the Appliance Energy Efficiency
Fund. The fees, fines, judgments, bond forfeitures, interest and
recovered costs collected by the department under this act shall
be paid into the Appliance Energy Efficiency Fund. The money
placed in the Appliance Energy Efficiency Fund and the interest
it accrues are hereby appropriated, upon authorization by the
Governor, to the department for the costs of implementing the
energy efficiency program established by this act.
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Section 11. Enforcement orders.
The department may issue orders as necessary to aid in the
enforcement of the provisions of this act. An order issued under
this section shall take effect upon notice unless the order
specifies otherwise.
Section 12. Powers reserved under existing laws.
This act shall not limit the powers conferred upon the
department or the Office of Attorney General under laws other
than this act, including the act of December 4, 1996 (P.L.906,
No.146), known as the Unfair Trade Practices and Consumer
Protection Law. This act shall not alter other rights of action
or remedies. A court exercising general equitable jurisdiction
may not be deprived of jurisdiction even though a violation of
this act is subject to regulation or other action by the
Commonwealth. The collection of a penalty imposed under the
provisions of this act may not be construed as estopping the
Commonwealth from proceeding in courts of law or equity to
address violations of this act or rules, regulations and
guidelines adopted under this act or an order of the department.
Section 13. Severability.
The provisions of this act are severable. If any provision of
this act or its application to any person or circumstance is
held invalid, the invalidity shall not affect other provisions
or applications of this act that can be given effect without the
invalid provision or application.
Section 14. Effective date.
This act shall take effect in 60 days.
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