Trial Engrossment of Amendment A04355 to House Bill 1615 P.N. 3016, Regular Session 2023-2024

A04355

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, FREEMAN,

MUNROE, SIEGEL, SCHWEYER, MADSEN, WAXMAN, CEPHAS, CONKLIN AND

DONAHUE, AUGUST 10, 2023

AS REPORTED FROM COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY

AND UTILITIES, HOUSE OF REPRESENTATIVES, AS AMENDED,

APRIL 30, 2024

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.

PROVIDING FOR MINIMUM ENERGY AND WATER EFFICIENCY STANDARDS FOR

CERTAIN PRODUCTS SOLD IN THIS COMMONWEALTH; IMPOSING

PENALTIES; AND MAKING REPEALS.

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, in preemptions, providing for

protection of gas grills and outdoor cooking.

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

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

A04355 - 2 -

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

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.

(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.

A04355 - 3 -

(12) Spray sprinkler bodies.

(13) Urinals.

(14) Water closets.

(15) Water coolers.

(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

A04355 - 4 -

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,

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

A04355 - 5 -

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

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

A04355 - 6 -

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.

"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

A04355 - 7 -

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,

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.

A04355 - 8 -

§ 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,

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

A04355 - 9 -

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

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

A04355 - 10 -

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

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

A04355 - 11 -

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

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;

A04355 - 12 -

(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.

§ 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

A04355 - 13 -

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

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.

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

A04355 - 14 -

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.

(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

A04355 - 15 -

$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.

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.

SECTION 1. SHORT TITLE.

THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE PENNSYLVANIA

ENERGY AND WATER EFFICIENCY STANDARDS ACT.

SECTION 2. GENERAL PURPOSE, LEGISLATIVE FINDINGS AND SCOPE.

(A) GENERAL PURPOSE.--THIS ACT 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

A04355 - 16 -

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

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.

(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.

A04355 - 17 -

(11) SHOWERHEADS.

(12) SPRAY SPRINKLER BODIES.

(13) URINALS.

(14) WATER CLOSETS.

(15) WATER COOLERS.

(D) LIMITATION.--NOTHING IN THIS ACT MAY BE CONSTRUED TO:

(1) APPLY TO NEW PRODUCTS MANUFACTURED IN THIS

COMMONWEALTH AND SOLD OUTSIDE OF THIS COMMONWEALTH.

(2) APPLY TO 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) APPLY TO PRODUCTS INSTALLED IN MOBILE MANUFACTURED

HOMES AT THE TIME OF CONSTRUCTION.

(4) APPLY TO PRODUCTS DESIGNED EXPRESSLY FOR

INSTALLATION AND USE IN RECREATIONAL VEHICLES.

(5) CONSTITUTE A BAN ON PRODUCTS COVERED UNDER THIS ACT.

(6) PROHIBIT THE USE, SALE OR INSTALLATION OF USED

PRODUCTS OR PARTS.

SECTION 3. 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:

"BOARD." THE ENVIRONMENTAL QUALITY BOARD.

"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

A04355 - 18 -

AND ANSI C78.901; AND

(2) IS EXPRESSLY DESIGNATED AS A COLD-TEMPERATURE LAMP

BOTH IN MARKINGS ON THE LAMP AND IN MARKETING MATERIALS,

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

A04355 - 19 -

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

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.

"DEPARTMENT." THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF

THE COMMONWEALTH.

"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

A04355 - 20 -

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.

"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

A04355 - 21 -

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,

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

A04355 - 22 -

TO COOL OR HEAT POTABLE WATER.

SECTION 4. STANDARDS.

(A) REGULATIONS.--NOT LATER THAN ONE YEAR AFTER THE

EFFECTIVE DATE OF THIS SUBSECTION, THE BOARD 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 2.

(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."

A04355 - 23 -

(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

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.

A04355 - 24 -

(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

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.

A04355 - 25 -

(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

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

A04355 - 26 -

HOT AND COLD UNITS; AND

(III) 0.18 KILOWATT-HOURS PER DAY FOR ON DEMAND HOT

AND COLD UNITS.

SECTION 5. IMPLEMENTATION.

(A) REQUIREMENT OF EFFICIENCY.--EXCEPT AS PROVIDED IN

SUBSECTION (B), ON OR AFTER JULY 1, 2025, NO NEW DEVICE LISTED

UNDER SECTION 2(C) 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 4.

(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 4.

SECTION 6. REVISED STANDARDS AND REGULATIONS.

THE BOARD SHALL PROMULGATE REGULATIONS AS IT DEEMS NECESSARY

TO ADMINISTER AND ENFORCE THIS ACT AND TO ESTABLISH INCREASED

EFFICIENCY STANDARDS FOR THE PRODUCTS LISTED IN SECTION 2. IN

CONSIDERING THE REVISED STANDARDS, THE BOARD 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 PRODUCTS, PROVIDED THAT

NO INCREASED EFFICIENCY STANDARDS SHALL BECOME EFFECTIVE WITHIN

ONE YEAR FOLLOWING THE ADOPTION OF ANY AMENDED REGULATIONS

ESTABLISHING INCREASED EFFICIENCY STANDARDS.

SECTION 7. TESTING, CERTIFICATION, LABELING AND ENFORCEMENT.

(A) PRODUCT TESTING.--THE MANUFACTURER OF PRODUCTS COVERED

A04355 - 27 -

BY THIS ACT SHALL TEST SAMPLES OF THEIR PRODUCTS IN ACCORDANCE

WITH THE TEST PROCEDURES ADOPTED UNDER THIS ACT. THE DEPARTMENT

MAY ADOPT UPDATED TEST METHODS WHEN NEW VERSIONS OF TEST

PROCEDURES BECOME AVAILABLE.

(B) COMPLIANCE.--MANUFACTURERS OF NEW PRODUCTS COVERED BY

SECTION 2 SHALL CERTIFY TO THE DEPARTMENT, OR TO AN APPROVED

THIRD PARTY AS DETERMINED BY THE DEPARTMENT, THAT THE PRODUCTS

ARE IN COMPLIANCE WITH THE PROVISIONS OF THIS ACT. THE

CERTIFICATIONS SHALL BE BASED ON TEST RESULTS UNDER SUBSECTION

(A). THE BOARD 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.

OF NEW PRODUCTS COVERED UNDER SECTION 2 SHALL IDENTIFY EACH

PRODUCT OFFERED FOR SALE OR INSTALLATION IN THIS COMMONWEALTH AS

IN COMPLIANCE WITH THE PROVISIONS OF THIS ACT BY MEANS OF A

MARK, LABEL OR TAG ON THE PRODUCT OR PACKAGING AT THE TIME OF

SALE OR INSTALLATION. THE BOARD 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 DEPARTMENT SHALL ALLOW THE

USE OF EXISTING MARKS, LABELS OR TAGS, WHICH CONNOTE COMPLIANCE

WITH THE EFFICIENCY REQUIREMENTS OF THIS ACT.

(D) DEPARTMENT TESTING PERMITTED.--THE DEPARTMENT MAY TEST

PRODUCTS COVERED BY SECTION 2. IF TESTED PRODUCTS ARE FOUND NOT

TO BE IN COMPLIANCE WITH THE MINIMUM EFFICIENCY STANDARDS

ESTABLISHED UNDER SECTION 4, THE DEPARTMENT SHALL:

(1) CHARGE THE MANUFACTURER OF THE PRODUCT FOR THE COST

A04355 - 28 -

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 DEPARTMENT MAY CAUSE PERIODIC

INSPECTIONS TO BE MADE OF DISTRIBUTORS OR RETAILERS OF NEW

PRODUCTS COVERED UNDER SECTION 2 IN ORDER TO DETERMINE

COMPLIANCE WITH THE PROVISIONS OF THIS ACT.

(F) COMPLAINT PROCESS.--THE DEPARTMENT SHALL INVESTIGATE

COMPLAINTS RECEIVED CONCERNING VIOLATIONS OF THIS ACT AND SHALL

REPORT THE RESULTS OF THE INVESTIGATIONS TO THE ATTORNEY

GENERAL. THE ATTORNEY GENERAL MAY INSTITUTE PROCEEDINGS TO

ENFORCE THE PROVISIONS OF THIS ACT. A MANUFACTURER, DISTRIBUTOR

OR RETAILER, OR A PERSON WHO INSTALLS A PRODUCT COVERED BY THIS

ACT FOR COMPENSATION, WHO VIOLATES ANY PROVISION OF THIS ACT

SHALL BE ISSUED A WARNING BY THE DEPARTMENT FOR ANY FIRST

VIOLATION. A MANUFACTURER, DISTRIBUTOR OR RETAILER OR A PERSON

WHO VIOLATES THE PROVISIONS OF THIS ACT AFTER THE ISSUANCE OF A

WARNING BY THE DEPARTMENT 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. PENALTIES ASSESSED UNDER THIS

SUBSECTION ARE IN ADDITION TO COSTS ASSESSED UNDER SUBSECTION

(D).

SECTION 8. ABROGATION OF REGULATIONS.

ALL REGULATIONS AND PARTS OF REGULATIONS ARE ABROGATED TO THE

EXTENT OF ANY INCONSISTENCY WITH THE PROVISIONS OF THIS ACT.

SECTION 9. REPEAL.

A04355 - 29 -

ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS THEY ARE

INCONSISTENT WITH THE PROVISIONS OF THIS ACT.

SECTION 10. EFFECTIVE DATE.

THIS ACT SHALL TAKE EFFECT IN 60 DAYS.

Section 1. Title 53 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 307. Protection of gas grills and outdoor cooking.

A municipality may not enact an ordinance, resolution or

other binding requirement that prohibits an individual from

using an outdoor grilling device if the individual is using the

outdoor grilling device in compliance with manufacturer's

recommendations.

Section 2. This act shall take effect in 60 days.

A04355 - 30 -