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PRINTER'S NO. 675
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
601
Session of
2021
INTRODUCED BY L. WILLIAMS, BARTOLOTTA, KEARNEY, TARTAGLIONE,
FONTANA, COSTA, MUTH AND COMITTA, APRIL 27, 2021
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
APRIL 27, 2021
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. 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
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
and other fuels.
(4) The water efficiency standards save water and thus
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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) State-regulated 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
chairperson in accordance with this section or by operation
of law under section 3407 (relating to testing,
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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 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 and which can be moved
from room to room.
"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
(2) is expressly designated as a cold-temperature lamp
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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.
"Compensation." Money or any other source of value,
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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-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.
"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:
(i) the designation on the lamp packaging; and
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(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 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 device through which water is discharged for
a shower bath. The term includes a hand-held showerhead but does
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not include a safety-shower 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.
"State-regulated general service lamp." Any of the following
medium-based incandescent light bulbs:
(1) Reflector lamps that are:
(i) BR30, BR40, ER30 or ER40 lamps rated at 50 watts
or less;
(ii) BR30, BR40 or ER40 lamps rated at 65 watts; or
(iii) R20 lamps rated at 45 watts or less.
(2) B, BA, CA, F and G shape lamps as defined in ANSI
C79.1:2002 with a lumen output of greater than or equal to
200 and rated at 40 watts or less.
(3) A and C shape lamps as defined in ANSI C79.1:2002
with lumen output greater than or equal to 200 and less than
310.
(4) Shatter-resistant lamps.
(5) 3-way lamps.
"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
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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
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 150, 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 150, CADR/Watt for smoke shall be greater
than or equal to 2.1;
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(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
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
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for measuring the water consumption of faucets and
showerheads) in effect on January 1, 2021:
(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
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) State-regulated 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 1, 2021.
(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 1, 2021, 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 1, 2021.
(10) Portable electric spas shall meet the requirements
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contained in ANSI/APSP/ICC-14-2019, the American National
Standard for Portable Electric Spa Energy Efficiency.
(11) 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."
(12) Showerheads may not exceed a maximum flow rate of
2.0 gpm at 80 psi when tested in accordance with 10 CFR Pt.
430 Appendix S to Subpt. B in effect on January 1, 2021.
(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 1, 2021:
(i) Wall-mounted urinals, except for trough-type
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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.
(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, 2023, 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
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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 Pennsylvania Public Utility 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. 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.
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(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 Pennsylvania Public Utility 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 and packaging at the time of
sale or installation. The Pennsylvania Public Utility 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
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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 under 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
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. 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 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).
Section 2. All regulations and parts of regulations are
abrogated to the extent of any inconsistency with the provisions
of this act.
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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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