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PRINTER'S NO. 1898
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1615
Session of
2023
INTRODUCED BY O'MARA, MEHAFFIE, GUENST, SANCHEZ, MADDEN,
SCHLOSSBERG, DELLOSO, HILL-EVANS, FIEDLER, HOWARD, KHAN,
SAPPEY, STEELE, OTTEN, MALAGARI, RABB, T. DAVIS, SHUSTERMAN,
KINKEAD, MULLINS, HOHENSTEIN, INNAMORATO, BENHAM, McNEILL,
SCOTT, VITALI, PROBST, DEASY, BOROWSKI, HARKINS, SOLOMON,
BRIGGS, SAMUELSON, SALISBURY, BURGOS, ISAACSON, DALEY,
STURLA, GALLOWAY, KRAJEWSKI, BOYLE, KIM, FLEMING,
D. WILLIAMS, GREEN, FRANKEL, BRENNAN, N. NELSON AND FREEMAN,
AUGUST 10, 2023
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, AUGUST 10, 2023
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in public utility code, providing for
minimum energy and water efficiency standards for certain
products sold in this Commonwealth; imposing penalties; and
making repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part I of Title 66 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 34
MINIMUM ENERGY AND WATER EFFICIENCY STANDARDS FOR
CERTAIN PRODUCTS SOLD IN THIS COMMONWEALTH
Sec.
3401. Short title of chapter.
3402. General purpose, legislative findings and scope of
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chapter.
3403. Definitions.
3404. Standards.
3405. Implementation.
3406. New and revised standards and regulations.
3407. Testing, certification, labeling and enforcement.
§ 3401. Short title of chapter.
This chapter shall be known and may be cited as the
Pennsylvania Energy and Water Efficiency Standards Act.
§ 3402. General purpose, legislative findings and scope of
chapter.
(a) General purpose.--This chapter establishes minimum
energy and water efficiency standards for certain products sold
or installed in this Commonwealth.
(b) Legislative findings.--The General Assembly finds that:
(1) Efficiency standards for certain products sold or
installed in this Commonwealth assure consumers and
businesses that the products meet minimum efficiency
performance levels, resulting in reduced energy and water
waste and saving consumers and businesses money on utility
bills.
(2) Efficiency standards contribute to the economy of
this Commonwealth by helping to better balance supply and
demand for both energy and water, resulting in reduced
pressure that creates higher natural gas, electricity and
water prices. By saving consumers and businesses money on
utility bills, efficiency standards help the Commonwealth and
local economy save on utility bills that can be spent on
local goods and services.
(3) The efficiency standards save energy and thus reduce
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pollution and other environmental impacts associated with the
production, distribution and use of electricity, natural gas
and other fuels.
(4) The water efficiency standards save water and thus
reduce the strain on the water supply. Improved water
efficiency can reduce or delay the need for water and sewer
infrastructure improvements.
(5) The efficiency standards can make electricity and
natural gas systems more reliable by reducing the strain on
systems during peak demand periods. Improved efficiency can
reduce or delay the need for new power plants, power
transmission lines and power distribution system upgrades as
well as new and expanded gas pipelines.
(c) Scope.--The provisions of this chapter apply to:
(1) Commercial dishwashers.
(2) Commercial fryers.
(3) Commercial hot-food holding cabinets.
(4) Commercial ovens.
(5) Commercial steam cookers.
(6) Faucets.
(7) Gas fireplaces .
(8) High CRI, cold-temperature and impact-resistant
fluorescent lamps.
(9) Portable electric spas.
(10) Residential ventilating fans.
(11) Showerheads.
(12) Spray sprinkler bodies.
(13) Urinals.
(14) Water closets.
(15) Water coolers.
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(16) Any other products as may be designated by the
chairperson in accordance with this section or by operation
of law under section 3407 (relating to testing,
certification, labeling and enforcement).
(d) Limitation.--Nothing in this chapter may be construed to
apply to:
(1) New products manufactured in this Commonwealth and
sold outside of this Commonwealth.
(2) New products manufactured outside of this
Commonwealth and sold at wholesale inside this Commonwealth
for final retail sale and installation outside of this
Commonwealth.
(3) Products installed in mobile manufactured homes at
the time of construction.
(4) Products designed expressly for installation and use
in recreational vehicles.
§ 3403. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Chairperson." The chairperson of the commission.
"Cold-only units." A water cooler that emits cold water
only.
"Cold-temperature fluorescent lamp." A fluorescent lamp that
is not a compact fluorescent lamp that:
(1) is specifically designed to start at -20°F when used
with a ballast conforming to the requirements of ANSI C78.81
and ANSI C78.901; and
(2) is expressly designated as a cold-temperature lamp
both in markings on the lamp and in marketing materials,
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including catalogs, sales literature and promotional
material.
"Commercial dishwasher." A machine designed to clean and
sanitize plates, pots, pans, glasses, cups, bowls, utensils and
trays by applying sprays of detergent solution, with or without
blasting media granules, and a sanitizing rinse.
"Commercial fryer." An appliance, including a cooking
vessel, in which oil is placed to such a depth that the cooking
food is essentially supported by displacement of the cooking
fluid rather than by the bottom of the vessel. Heat is delivered
to the cooking fluid by means of an immersed electric element or
band-wrapped vessel electric fryers or by heat transfer from gas
burners through either the walls of the fryer or through tubes
passing through the cooking fluid.
"Commercial hot-food holding cabinet." A heated, fully
enclosed compartment with one or more solid or transparent
doors, designed to maintain the temperature of hot food that has
been cooked using a separate appliance. The term does not
include heated glass merchandizing cabinets, drawer warmers or
cook-and-hold appliances.
"Commercial oven." A chamber designed for heating, roasting
or baking food by conduction, convection, radiation or
electromagnetic energy.
"Commercial steam cooker" or "compartment steamer." A device
with one or more food-steaming compartments in which the energy
in the steam is transferred to the food by direct contact. The
term may include countertop models, wall-mounted models and
floor models mounted on a stand, pedestal or cabinet-style base.
"Compensation." Money or any other source of value,
regardless of form, received or to be received by a person for
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services rendered.
"Cook and cold units." A water cooler that emits both cold
and room-temperature water.
"Decorative gas fireplace." A vented fireplace, including an
appliance that is freestanding, recessed, zero clearance or a
gas fireplace insert, that is fueled by natural gas or propane,
is marked for decorative use only and is not equipped with a
thermostat or intended for use as a heater.
"Dual-flush effective flush volume." The average flush
volume of two reduced flushes and one full flush.
"Dual-flush water closet." A water closet incorporating a
feature that allows the user to flush the water closet with
either a reduced or full volume of water.
"EPA." The United States Environmental Protection Agency.
"Faucet." A private lavatory faucet, residential kitchen
faucet, metering faucet, public lavatory faucet or replacement
aerator for a private lavatory, public lavatory or residential
kitchen faucet.
"Gas fireplace." A decorative gas fireplace or heating gas
fireplace.
"Hand-held showerhead." A showerhead that can be held or
fixed in place for the purpose of spraying water onto a bather
and that is connected to a flexible hose.
"Heating gas fireplace." A vented fireplace, including an
appliance that is freestanding, recessed, zero clearance or a
gas fireplace insert, that is fueled by natural gas or propane
and which is not a decorative fireplace.
"High color rendering index (CRI) fluorescent lamp." A
fluorescent lamp with a color rendering index of 87 or greater
that is not a compact fluorescent lamp.
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"Hot and cold units." A water cooler that emits both hot and
cold water. The term includes a cooler that emits room-
temperature water.
"Impact-resistant fluorescent lamp." A fluorescent lamp that
is not a compact fluorescent lamp that:
(1) has a coating or equivalent technology that is
compliant with NSF/ANSI 51 and is designed to contain the
glass if the glass envelope of the lamp is broken; and
(2) is designated and marketed for the intended
application with:
(i) the designation on the lamp packaging; and
(ii) marketing materials that identify the lamp as
being impact resistant, shatter resistant, shatter proof
or shatter protected.
"Metering faucet." A self-closing faucet that dispenses a
specific volume of water for each actuation cycle. For the
purpose of this definition, the volume or cycle duration can be
fixed or adjustable.
"Plumbing fixture." An exchangeable device that connects to
a plumbing system to deliver and drain away water and waste.
"Portable electric spa." A factory-built electric spa or hot
tub that is supplied with equipment for heating and circulating
water at the time of sale or sold separately for subsequent
attachment.
"Pressure regulator." A device that maintains constant
operating pressure immediately downstream from the device, given
higher pressure upstream.
"Public lavatory faucet." A fitting intended to be installed
in nonresidential bathrooms that are exposed to walk-in traffic.
"Replacement aerator." An aerator sold as a replacement,
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separate from the faucet to which it is intended to be attached.
"Residential ventilating fan." A ceiling-mounted or wall-
mounted fan or remotely mounted in-line fan designed to be used
in a bathroom or utility room, whose purpose is to move air from
inside the building to the outdoors.
"Showerhead." A component or set of components distributed
in commerce for attachment to a single supply fitting for
spraying water onto a bather, typically from an overhead
position. The term does not include a safety showerhead.
"Spray sprinkler body." The exterior case or shell of a
sprinkler incorporating a means of connection to the piping
system designed to convey water to a nozzle or orifice.
"Storage type." The storage of thermally conditioned water
in a reservoir in the water cooler that is available
instantaneously. The term includes point-of-use, dry storage
compartment and bottled water coolers.
"Trough-type urinal." A urinal designed for simultaneous use
by two or more individuals.
"Urinal." A plumbing fixture that receives only liquid body
waste and conveys the waste through a trap into a drainage
system.
"Water closet." A plumbing fixture having a water-containing
receptor that receives liquid and solid body waste through an
exposed integral trap into a drainage system.
"Water cooler." A freestanding device that consumes energy
to cool or heat potable water.
§ 3404. Standards.
(a) Regulations.--Not later than one year after the
effective date of this subsection, the chairperson, in
consultation with the Secretary of Environmental Protection,
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shall promulgate regulations, in accordance with the provisions
of section 502 of the act of June 28, 1995 (P.L.89, No.18),
known as the Conservation and Natural Resources Act,
establishing minimum efficiency standards for the types of new
products set forth in section 3402 (relating to general purpose,
legislative findings and scope of chapter).
(b) Minimum standards.--The regulations shall provide for
the following minimum efficiency standards:
(1) Commercial dishwashers included in the scope of
version 2.0 of the EPA's "Energy Star Program Requirements
Product Specification for Commercial Dishwashers" shall meet
the qualification criteria of that specification.
(2) Commercial fryers included in the scope of version
2.0 of the EPA's "Energy Star Program Requirements Product
Specification for Commercial Fryers" shall meet the
qualification criteria of that specification.
(3) Commercial hot-food holding cabinets shall meet the
qualification criteria of version 2.0 of the EPA's "Energy
Star Program Requirements Product Specification for
Commercial Hot Food Holding Cabinets."
(4) Commercial ovens included in the scope of version
2.2 of the EPA's "Energy Star Program Requirements Product
Specification for Commercial Ovens" shall meet the
qualification criteria of that specification.
(5) Commercial steam cookers shall meet the requirements
of version 1.2 of the EPA's "Energy Star Program Requirements
Product Specification for Commercial Steam Cookers."
(6) Faucets, except for metering faucets, shall meet the
following standards when tested in accordance with 10 CFR Pt.
430 Appendix S to Subpt. B (relating to uniform test method
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for measuring the water consumption of faucets and
showerheads):
(i) Private lavatory faucets and replacement
aerators may not exceed a maximum flow rate of 1.5
gallons per minute (gpm) at 60 pounds per square inch
(psi).
(ii) Residential kitchen faucets and replacement
aerators may not exceed a maximum flow rate of 1.8 gpm at
60 psi, with optional temporary flow of 2.2 gpm, provided
they default to a maximum flow rate of 1.8 gpm at 60 psi
after each use.
(iii) Public lavatory faucets and replacement
aerators may not exceed a maximum flow rate of 0.5 gpm at
60 psi.
(7) Gas fireplaces shall comply with the following
requirements:
(i) Gas fireplaces shall be capable of automatically
extinguishing a pilot flame when the main gas burner
flame is extinguished.
(ii) Gas fireplaces shall prevent an ignition source
for the main gas burner flame from operating continuously
for more than seven days from last use of the main gas
burner.
(iii) Heating gas fireplaces shall have a fireplace
efficiency equal to or greater than 50% when tested in
accordance with CSA P.4.1:15, "Testing Method For
Measuring Fireplace Efficiency," as amended or revised.
(8) High CRI, cold-temperature and impact-resistant
fluorescent lamps shall meet the minimum efficiency
requirements contained in 10 CFR 430.32(n)(4) (relating to
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energy and water conservation standards and their compliance
dates) in effect on January 1, 2023 , as measured in
accordance with 10 CFR Pt. 430 Appendix R to Subpt. B
(relating to uniform test method for measuring electrical and
photometric characteristics of general service fluorescent
lamps, incandescent reflector lamps, and general service
incandescent lamps) in effect on January 1, 2023 .
(9) Portable electric spas shall meet the requirements
contained in ANSI/APSP/ICC-14-2019, the American National
Standard for Portable Electric Spa Energy Efficiency.
(10) In-line residential ventilating fans shall have a
fan motor efficacy of no less than 2.8 cubic feet per minute
per watt. All other residential ventilating fans shall have a
fan motor efficacy of no less than 1.4 cubic feet per minute
per watt for airflows less than 90 cubic feet per minute and
no less than 2.8 cubic feet per minute per watt for other
airflows when tested in accordance with Home Ventilation
Institute Publication 916 "HVI Airflow Test Procedure."
(11) Showerheads may not exceed a maximum flow rate of
1.8 gpm at 80 psi when tested in accordance with 10 CFR Pt.
430 Appendix S to Subpt. B in effect on January 1, 2023 .
(12) Spray sprinkler bodies that are not specifically
excluded from the scope of version 1.0 of the EPA's
"WaterSense Specification for Spray Sprinkler Bodies," shall
include an integral pressure regulator and shall meet the
water efficiency and performance criteria and other
requirements of that specification.
(13) Water closets shall pass the waste extraction test
for water closets under section 7.9 of the American Society
of Mechanical Engineers (ASME) contained in A112.19.2/CSA
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B45.1 of 2018. Urinals and water closets, other than those
designed and marketed exclusively for use at prisons or
mental health facilities, shall meet the following standards
when tested in accordance with 10 CFR Pt. 430 Appendix T to
Subpt. B (relating to uniform test method for measuring the
water consumption of water closets and urinals):
(i) Wall-mounted urinals, except for trough-type
urinals, shall have a maximum flush volume of 0.5 gallons
per flush.
(ii) Floor-mounted urinals, except for trough-type
urinals, shall have a maximum flush volume of 0.5 gallons
per flush.
(iii) Water closets, except for dual-flush tank-type
water closets, shall have a maximum flush volume of 1.28
gallons per flush.
(iv) Dual-flush tank-type water closets shall have a
maximum dual-flush effective flush volume of 1.28 gallons
per flush.
(14) Water coolers included in the scope of the EPA's
version 2.0 "Energy Star Program Requirements Product
Specification for Water Coolers" shall have an on mode with
no water draw and energy consumption less than or equal to
the following values as measured in accordance with the test
requirements of that program:
(i) 0.16 kilowatt-hours per day for cold-only units
and cook and cold units;
(ii) 0.87 kilowatt-hours per day for storage type
hot and cold units; and
(iii) 0.18 kilowatt-hours per day for on demand hot
and cold units.
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§ 3405. Implementation.
(a) Requirement of efficiency.--Except as provided in
subsection (b), on or after July 1, 2025 , no new device listed
under section 3402(c) (relating to general purpose, legislative
findings and scope of chapter) may be sold or offered for sale,
lease or rent in this Commonwealth unless the efficiency of the
new product meets or exceeds the efficiency standards provided
in section 3404 (relating to standards).
(b) Restriction on installation.--One year after the date on
which the sale or offering for sale of certain products becomes
subject to the requirements of subsection (a), no products may
be installed for compensation in this Commonwealth unless the
efficiency of the new product meets or exceeds the efficiency
standards provided in section 3404.
§ 3406. New and revised standards and regulations.
The commission shall prescribe rules and regulations as it
deems necessary to administer and enforce this chapter and to
establish increased efficiency standards for the products listed
or incorporated in section 3402 (relating to general purpose,
legislative findings and scope of chapter). The chairperson may
also establish standards for products not specifically listed in
section 3402. In considering the new or amended standards, the
chairperson, in consultation with the Secretary of Environmental
Protection, shall set efficiency standards on a determination
that increased efficiency standards would serve to promote
energy or water conservation in this Commonwealth and would be
cost effective for consumers who purchase and use the new
products, provided that no new or increased efficiency standards
shall become effective within one year following the adoption of
any amended regulations establishing increased efficiency
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standards.
§ 3407. Testing, certification, labeling and enforcement.
(a) Product testing.--The manufacturer of products covered
by this chapter shall test samples of their products in
accordance with the test procedures adopted under this chapter.
The chairperson may adopt updated test methods when new versions
of test procedures become available.
(b) Compliance.--Manufacturers of new products covered by
section 3402 (relating to general purpose, legislative findings
and scope of chapter) shall certify to the chairperson, or to an
approved third party as determined by the chairperson, that the
products are in compliance with the provisions of this chapter.
The certifications shall be based on test results under
subsection (a). The commission shall promulgate regulations
governing the certification of the products and shall coordinate
with the certification programs of other Federal and state
agencies with similar standards.
(c) Compliance mark, label or tag on product.--Manufacturers
of new products covered under section 3402 shall identify each
product offered for sale or installation in this Commonwealth as
in compliance with the provisions of this chapter by means of a
mark, label or tag on the product or packaging at the time of
sale or installation. The commission shall promulgate
regulations governing the identification of the products or
packaging, which shall be coordinated to the greatest practical
extent with the labeling programs of other Federal and state
agencies with equivalent efficiency standards. The chairperson
shall allow the use of existing marks, labels or tags, which
connote compliance with the efficiency requirements of this
chapter.
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(d) Chairperson testing permitted.--The chairperson may test
products covered by section 3402. If tested products are found
not to be in compliance with the minimum efficiency standards
established under section 3404 (relating to standards), the
chairperson shall:
(1) charge the manufacturer of the product for the cost
of product purchase and testing; and
(2) make information available to the Attorney General
and the public on products found not to be in compliance with
the standards.
(e) Periodic inspections.--The chairperson may cause
periodic inspections to be made of distributors or retailers of
new products covered under section 3402 in order to determine
compliance with the provisions of this chapter.
(f) Complaint process.--The chairperson shall investigate
complaints received concerning violations of this chapter and
shall report the results of the investigations to the Attorney
General. The Attorney General may institute proceedings to
enforce the provisions of this chapter. A manufacturer,
distributor or retailer, or a person who installs a product
covered by this chapter for compensation, who violates any
provision of this chapter shall be issued a warning by the
chairperson for any first violation. A manufacturer, distributor
or retailer or a person who violates the provisions of this
chapter after the issuance of a warning by the chairperson for a
first violation shall be subject to a civil penalty of up to
$100 for each offense. Repeat violations shall be subject to a
civil penalty of not more than $500 for each offense. Each
violation shall constitute a separate offense and each day the
violation continues shall constitute a separate offense.
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Penalties assessed under this subsection are in addition to
costs assessed under subsection (d).
Section 2. All regulations and parts of regulations are
abrogated to the extent of any inconsistency with the provisions
of this act.
Section 3. All acts and parts of acts are repealed insofar
as they are inconsistent with the provisions of this act.
Section 4. This act shall take effect in 60 days.
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