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PRINTER'S NO. 1611
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1099
Session of
2020
INTRODUCED BY L. WILLIAMS, FARNESE, FONTANA, COSTA, BARTOLOTTA,
SANTARSIERO, HUGHES, KILLION, TARTAGLIONE, BLAKE AND MUTH,
APRIL 3, 2020
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
APRIL 3, 2020
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.
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.
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3406. New and revised standards and regulations.
3407. Protection against repeal of Federal standards.
3408. Testing, certification, labeling and enforcement.
3409. Severability.
§ 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
efficiency standards for certain products sold or installed in
this Commonwealth.
(b) Legislative findings.--The legislature 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
pollution and other environmental impacts associated with the
production, distribution and use of electricity, natural gas
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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) Air purifiers.
(2) Commercial dishwashers.
(3) Commercial fryers.
(4) Commercial hot-food holding cabinets.
(5) Commercial ovens.
(6) Commercial steam cookers.
(7) Faucets.
(8) General service lamps.
(9) High CRI, cold-temperature and impact-resistant
fluorescent lamps.
(10) Portable electric spas.
(11) Residential ventilating fans.
(12) Showerheads.
(13) Spray sprinkler bodies.
(14) Urinals.
(15) Water closets.
(16) Water coolers.
(17) Any other products as may be designated by the
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chairperson in accordance with this section or by operation
of law under section 3408 (relating to testing,
certification, labeling and enforcement).
(d) Limitation.--Nothing in this chapter shall be construed
to apply to:
(1) New products manufactured in this Commonwealth and
sold outside of this Commonwealth.
(2) New products manufactured outside this Commonwealth
and sold at wholesale inside this Commonwealth for final
retail sale and installation outside 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:
"Air purifier" or "room air cleaner." An electric, cord-
connected portable appliance with the primary function of
removing particulate matter from the air.
"Chairperson." The chairperson of the Pennsylvania Public
Utility Commission.
"Cold-only units." A water dispenser 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
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(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 of
band-wrapped vessel 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.
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"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 dispenser that emits both
cold and room-temperature water.
"Dual-duct portable air conditioner." A portable air
conditioner that draws some or all of the condenser inlet air
from outside the conditioned space through a duct attached to an
adjustable window bracket. The term includes a device that may
draw additional condenser inlet air from the conditioned space
and discharges the condenser outlet air outside the conditioned
space by means of a separate duct attached to an adjustable
window bracket.
"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 lavatory faucet, kitchen faucet, metering
faucet, public lavatory faucet or replacement aerator for a
lavatory, public lavatory or kitchen faucet.
"General service lamp." The following:
(1) A lamp that:
(i) has an ANSI base and is able to operate at a
voltage of:
(A) 12 volts or 24 volts;
(B) at or between 100 and 130 volts;
(C) at or between 220 and 240 volts;
(D) 277 volts for integrated lamps. For the
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purpose of this clause, the term "integrated lamp"
means a lamp that contains all components necessary
for the starting and stable operation of the lamp,
not including any replaceable or interchangeable
parts, and is connected directly to a branch circuit
through an ANSI base and corresponding ANSI standard
lamp-holder or socket;
(E) or is able to operate at any voltage for
lamps that are not integrated lamps;
(ii) has an initial lumen output of greater than or
equal to 310 lumens or 232 lumens for modified spectrum
general service incandescent lamps and less than or equal
to 3,300 lumens;
(iii) is not a light fixture;
(iv) is not an LED downlight retrofit kit; and
(v) is used in general lighting applications.
(2) The term includes:
(i) general service incandescent lamps. For the
purpose of this subparagraph, the term "general service
incandescent lamp" means a standard incandescent or
halogen type lamp that is intended for general service
applications, has a medium screw base, has a lumen range
of not less than 310 lumens and not more than 2,600
lumens or, in the case of a modified spectrum lamp, not
less than 232 lumens and not more than 1,950 lumens and
is capable of being operated at a voltage range at least
partially within 110 and 130 volts. For the purpose of
this subparagraph, the term shall not include the
following incandescent lamps:
(A) an appliance lamp;
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(B) a black light lamp;
(C) a bug lamp;
(D) a colored lamp;
(E) a G-shaped lamp with a diameter of 5 inches
or more as defined in ANSI C79.1-2002;
(F) an infrared lamp;
(G) a left-hand thread lamp;
(H) a marine lamp;
(I) a marine signal service lamp;
(J) a mine service lamp;
(K) a plant light lamp;
(L) an R20 short lamp;
(M) a sign service lamp;
(N) a silver bowl lamp;
(O) a showcase lamp; and
(P) a traffic signal lamp;
(ii) compact fluorescent lamps;
(iii) general service light-emitting diode lamps. As
used in this subparagraph, the term "general service
light-emitting diode lamp" means an integrated or non-
integrated light-emitting diode lamp designed for use in
general lighting applications and that uses light-
emitting diodes as the primary source of light; and
(iv) general service organic light-emitting diode
lamps. As used in this subparagraph, the term "general
service organic light-emitting diode" means an integrated
or non-integrated organic light-emitting diode lamp
designed for use in general lighting applications and
that uses organic light-emitting diodes as the primary
source of light.
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(3) The term does not include:
(i) an appliance lamp;
(ii) a black light lamp;
(iii) a bug lamp;
(iv) a colored lamp;
(v) a G-shaped lamp with a diameter of 5 inches or
more as defined in ANSI C79.1-2002;
(vi) a general service fluorescent lamp;
(vii) a high intensity discharge lamp;
(viii) an infrared lamp;
(ix) a J, JC, JCD, JCS, JCV, JCX, JD, JS and JT
shaped lamp that does not have an Edison screw base;
(x) a lamp that has a wedge base or prefocus base;
(xi) a left-hand thread lamp;
(xii) a marine lamp;
(xiii) a marine signal service lamp;
(xiv) a mine service lamp;
(xv) an MR-shaped lamp that has a first number
symbol equal to 16 and diameter equal to 2 inches, as
defined in ANSI C79.1-2002, which operates at 12 volts
and has a lumen output greater than or equal to 800;
(xvi) other fluorescent lamps;
(xvii) a plant light lamp;
(xviii) an R20 short lamp;
(xix) a reflector lamp that has a first number
symbol less than 16, diameter less than 2 inches, as
defined in ANSI C79.1-2002 and that does not have
E26/E24, E26d, E26/50x39, E26/53x39, E29/28, E29/53x39,
E39, E39d, EP39 or EX39 bases;
(xx) an S-shaped or G-shaped lamp that has a first
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number symbol less than or equal to 12.5 and diameter
less than or equal to 1.5625 inches, as defined in ANSI
C79.1-2002;
(xxi) a sign service lamp;
(xxii) a silver bowl lamp;
(xxiii) a showcase lamp;
(xxiv) a specialty MR lamp;
(xxv) a T-shaped lamp that has a first number symbol
less than or equal to 8, diameter less than or equal to 1
inch, as defined in ANSI C79.1-2002, nominal overall
length less than 12 inches and that is not a compact
fluorescent lamp;
(xxvi) a traffic signal lamp; and
(xxvii) an incandescent reflector lamp.
"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.
"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 dispenser that emits both hot
and cold water. The term includes a dispenser 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:
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(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.
"Industrial air purifier." An indoor air cleaning device
manufactured, advertised, marketed, labeled and used solely for
industrial use that is marketed solely through industrial supply
outlets or businesses and prominently labeled as "Solely for
industrial use. Potential health hazard: emits ozone."
"Metering faucet." A fitting that, when turned on, will
gradually shut itself off over a period of several seconds.
"On demand." The heating of water in a water cooler over an
unspecified period of time after requesting water.
"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 may or may not include any combination of integral
controls, water heating or water circulating equipment.
"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,
separate from the faucet to which it is intended to be attached.
"Residential ventilating fan." A ceiling-mounted, wall-
mounted 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.
"SACC." Seasonally adjusted cooling capacity in British
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thermal units (BTU) per hour.
"Showerhead." A device through which water is discharged for
a shower or bath. The term includes a hand-held showerhead but
does not include a safety-shower showerhead.
"Single-duct portable air conditioner." A portable air
conditioner that draws all of the condenser inlet air from the
conditioned space without the means of a duct and discharges the
condenser outlet air outside the conditioned space through a
single duct attached to an adjustable window bracket.
"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 section, the chairperson, in consultation
with the Secretary of Environmental Protection, shall promulgate
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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) Air purifiers, except industrial air purifiers,
shall meet the following requirements as measured in
accordance with version 2.0 of the EPA's "Energy Star Program
Requirements Product Specification for Room Air Cleaners":
(i) clean air delivery rate (CADR) for dust shall be
30 or greater;
(ii) for models with a CADR for smoke less than 100,
CADR/Watt for smoke shall be greater than or equal to
1.7;
(iii) for models with a CADR for smoke greater than
or equal to 100 and less than 200, CADR/Watt for smoke
shall be greater than or equal to 1.9;
(iv) for models with a CADR for smoke greater than
or equal to 200, CADR/Watt for smoke shall be greater
than or equal to 2.1;
(v) for ozone-emitting models, measured ozone shall
be less than or equal to 50 parts per billion (ppb);
(vi) for models with a Wi-Fi network connection
enabled by default when shipped, partial on-mode power
shall not exceed 2 watts; and
(vii) for models without a Wi-Fi network connection
enabled by default when shipped, partial on-mode power
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shall not exceed 1 watt.
(2) 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.
(3) 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.
(4) 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."
(5) 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.
(6) 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."
(7) 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) in effect on January 3, 2017:
(i) 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
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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.
(8) General service lamps shall meet or exceed the lamp
efficacy of 45 lumens per watt when testing in accordance
with the applicable Federal test procedures for general
service lamps under 10 CFR 430.23(gg) (relating to test
procedures for the measurement of energy and water
consumption) in effect on January 3, 2017.
(9) 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 3, 2017, as measured in
accordance with 10 CFR Pt. 430 Appendix R to Subpt. B
(relating to uniform test method for measuring average lamp
efficacy (LE), color rendering index (CRI), and correlated
color temperature (CCT) of electric lamps) in effect on
January 3, 2017.
(10) Portable electric spas shall meet the requirements
contained in ANSI/APSP/ICC-14-2019, the American National
Standard for Portable Electric Spa Energy Efficiency.
(11) Residential ventilating fans shall meet the
qualification criteria of version 4.1 of the EPA's "Energy
Star Program Requirements Product Specification for
Residential Ventilating Fans."
(12) Showerheads may not exceed a maximum flow rate of
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2.0 gpm at 80 psi when tested in accordance with 10 CFR Pt.
430 Appendix S to Subpt. B in effect on January 3, 2017.
(13) 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.
(14) 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) in effect on
January 3, 2017:
(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.
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(15) 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.
§ 3405. Implementation.
(a) Requirement of efficiency.--Except as provided in
subsection (b), on or after January 1, 2022, 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) General service lamp compliance.--No later than six
months from the date of enactment of this chapter, and as
necessary thereafter, the chairperson, in consultation with the
Attorney General, shall determine which general service lamps
are subject to Federal preemption. On or after six months
following the effective date of this section, no general service
lamp that is not subject to Federal preemption may be sold or
offered for sale in this Commonwealth unless the efficiency of
the new product meets or exceeds the efficiency standards
provided in section 3404.
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(c) 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) or (b), 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 is authorized to 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 standards.
§ 3407. Protection against repeal of Federal standards.
(a) Minimum standard if Federal standards withdrawn or
repealed.--If any of the energy or water conservation standards
issued or approved for publication by the Office of the United
States Secretary of Energy as of January 1, 2018, under 10 CFR
Pts. 430 (relating to energy conservation program for consumer
products) and 431 (relating to energy efficiency program for
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certain commercial and industrial equipment) are withdrawn,
repealed or otherwise voided, the minimum energy or water
efficiency level permitted for products previously subject to
Federal energy or water conservation standards shall be the
previously applicable Federal standards, and no new product
listed under section 3402 (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
product meets or exceeds the standards under section 3404
(relating to standards).
(b) Applicability.--This section shall not apply to any
Federal energy or water conservation standard set aside by a
court on the petition of a person who will be adversely affected
as provided in 42 U.S.C. § 6306(b) (relating to administrative
procedure and judicial review).
§ 3408. 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 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.
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(c) Compliance mark, label or tag on product.--Manufacturers
of new products covered by 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 and packaging at the time of
sale or installation. The commission shall promulgate
regulations governing the identification of the products and
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.
(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.--With prior notice and at
reasonable and convenient hours, the chairperson may cause
periodic inspections to be made of distributors or retailers of
new products covered by section 3402 in order to determine
compliance with the provisions of this chapter. The chairperson
shall also coordinate with the Secretary of Labor and Industry
regarding inspections prior to occupancy of a newly constructed
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building containing new products that are also covered by the
the act of November 10, 1999 (P.L.491, No.45), known as the
Pennsylvania Construction Code Act.
(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. Any manufacturer,
distributor or retailer, or any 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 and 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).
§ 3409. Severability.
The provisions of this chapter are severable. If any
provision of this chapter or its application to any person or
circumstance is held invalid, the invalidity shall not affect
other provisions or applications of this chapter that can be
given effect without the invalid provision or application.
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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