1Providing for minimum energy efficiency standards for certain
2appliances and equipment; providing for the powers and duties
3of the Department of Environmental Protection and the
4Attorney General; and establishing the Appliance Energy
5Efficiency Fund.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Short title.

9This act shall be known and may be cited as the Appliance
10Energy Efficiency Standards Act.

11Section 2. Definitions.

12The following words and phrases when used in this act shall
13have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15"Art work light fixture." A light fixture designed only to
16be mounted directly to or adjacent to art work and for the
17purpose of illuminating that art work.

18"Attorney General." The Attorney General of the

1Commonwealth.

2"Board." The Environmental Quality Board of the
3Commonwealth.

4"Bottle-type water dispenser." A water dispenser that uses a
5bottle or reservoir as the source of potable water.

6"Combination television." A system in which a television or
7television monitor and an additional device or devices
8including, but not limited to, a DVD player or a VCR, are
9combined into a single unit in which the additional devices are
10included in the television casing.

11"Commercial hot food holding cabinet." A heated, fully
12enclosed compartment with one or more doors that is designed to
13maintain the temperature of hot food that has been cooked in a
14separate appliance. The term does not include heated glass
15merchandising cabinets, drawer warmers or cook-and-hold
16appliances.

17"Component television." A television composed of two or more
18separate components marketed and sold as a television under one
19model or system designation. An example of a component
20television is a separate display device and tuner that is sold
21as a model or a system. A component television may have more
22than one power cord.

23"Computer monitor." An analog or digital device designed
24primarily for the display of computer-generated signals and that
25is not marketed for use as a television.

26"Covered product." New products sold, offered for sale or
27installed in this Commonwealth that are subject to the terms of
28this act.

29"Department." The Department of Environmental Protection of
30the Commonwealth.

1"Department of Energy." The United States Department of
2Energy.

3"EPA." The United States Environmental Protection Agency.

4"Fund." The Appliance Energy Efficiency Fund established in
5section 9.

6"LED light engine." A subsystem of an LED light fixture that
7includes one or more LED components, including an LED driver
8power source with electrical and mechanical interfaces, and an
9integral heat sink to provide thermal dissipation and that may
10be designed to accept additional components that provide
11aesthetic, optical and environmental control.

12"LED light fixture." A complete lighting unit consisting of
13an LED light source, with one or more LED lamps or LED light
14engines, together with parts to distribute light, to position
15and protect the light source and to connect the light source to
16electrical power.

17"Light fixture." A product designed to provide light that
18includes at least one lamp socket and parts to distribute the
19light, to position or protect one or more lamps and to connect
20one or more lamps to a power supply.

21"Portable electric spa." A factory-built electric spa or hot
22tub, supplied with equipment for heating and circulating water.

23"Portable light fixture." A light fixture that has a
24flexible cord and an attachment plug for connection to a nominal
25120-volt circuit that allows the user to relocate the product
26without any rewiring and that typically can be controlled with a
27switch on the product or the power cord of the product. The term
28does not include art work light fixtures, direct plug-in night
29lights, sun or heat lamps, medical or dental lights, portable
30electric hand lamps, signs or commercial advertising displays,

1photographic lamps, germicidal lamps or light fixtures for
2marine use or for use in hazardous locations as those terms are
3designated in ANSI/NFPA 70 of the National Electrical Code, or
4its successor standard. The term does not include decorative
5lighting strings, decorative lighting outfits or electric
6candles or candelabra without lamp shades that are covered under
7Underwriter Laboratories (UL) standard 588, "Seasonal and
8Holiday Decorative Products.", or its successor standard.

9"Secretary." The Secretary of Environmental Protection of
10the Commonwealth.

11"Television." An analog or digital device designed primarily
12for the display and reception of a terrestrial, satellite, cable
13Internet Protocol TV (IPTV) or other broadcast or recorded
14transmission of analog or digital signals. The term includes
15combination televisions, television monitors, component
16televisions and any product that is marketed as a television.
17The term does not include computer monitors.

18"Television monitor." A television that does not have an
19internal tuner or receiver or a playback device.

20"Total horsepower." The product of a motor's service factor
21and nameplate horsepower.

22"Water dispenser." A factory-made assembly that mechanically
23cools and heats potable water and that dispenses the cooled or
24heated water by integral or remote means.

25Section 3. Scope.

26(a) General rule.--This act shall apply to the testing,
27certification and enforcement of efficiency standards for all
28covered products.

29(b) Exclusions.--This act shall not apply to any of the
30following:

1(1) New products manufactured in this Commonwealth and
2sold outside this Commonwealth.

3(2) New products manufactured outside this Commonwealth
4and sold at wholesale inside this Commonwealth for final
5retail sale and installation outside this Commonwealth.

6(3) Products installed in manufactured homes at the time
7of construction.

8(4) Products designed expressly for installation and use
9in recreational vehicles.

10Section 4. Efficiency standards.

11In accordance with section 6, the secretary may adopt minimum
12efficiency standards and other requirements to meet the purposes
13of this act. For covered products, the standards shall be no
14less stringent than the following minimum efficiency standards:

15(1) Bottle-type water dispensers designed for dispensing
16both hot and cold water shall not have standby energy
17consumption greater than 1.2 kilowatt hours per day, as
18measured in accordance with the test criteria contained in
19version 1 of the EPA's "Energy Star Program Requirements for
20Bottled Water Coolers," except units with an integral,
21automatic timer shall not be tested using Section D, "Timer
22Usage," of the test criteria.

23(2) Commercial hot food holding cabinets with interior
24volume of 8 cubic feet or greater shall have a maximum idle
25energy rate of 40 watts per cubic foot of interior volume, as
26determined by the "idle energy rate-dry test" in ASTM F2140-
2701, "Standard Test Method for Performance of Hot Food Holding
28Cabinets" published by ASTM International. Interior volume
29shall be measured in accordance with the method shown in the
30EPA's "Energy Star Program Requirements for Commercial Hot

1Food Holding Cabinets" as in effect on August 15, 2003.

2(3) Portable light fixtures shall meet one or more of
3the following requirements:

4(i) Be a fluorescent light fixture that meets the
5requirements of the EPA's "Energy Star Program for
6Residential Light Fixtures Version 4.2."

7(ii) Be equipped with only one or more GU-24 line
8voltage sockets, not be rated for use with incandescent
9lamps of any type, as defined in ANSI standards, and meet
10the requirements of the EPA's "Energy Star Program for
11Residential Light Fixtures Version 4.2," including line
12voltage or low voltage.

13(iii) Be an LED light fixture or a light fixture
14with an LED light engine and comply with the following
15minimum requirements:

16(A) Minimum light output: 200 lumens - initial.

17(B) Minimum LED light engine efficacy: 40
18lumens/watt in fixtures that meet the minimum light
19fixture efficacy of 29 lumens/watt or, alternatively,
20a minimum LED light engine efficacy of 60 lumens/watt
21for fixtures that do not meet the minimum light
22fixture efficacy of 29 lumens per watt.

23(C) All portable fixtures shall have a minimum
24LED light fixture efficacy of 29 lumens/watt and a
25minimum LED light engine efficacy of 60 lumens/watt
26by January 1, 2018.

27(D) Color Correlated Temperature (CCT): 2700K
28through 4000K.

29(E) Minimum Color Rendering Index (CRI): 75.

30(F) Power factor equal to or greater than 0.70.

1(G) Portable light fixtures that have internal
2power supplies shall have zero standby power when the
3light fixture is turned off.

4(H) LED light sources shall deliver at least 70%
5of initial lumens for at least 25,000 hours.

6(iv) Be equipped with an ANSI-designated E12, E17 or
7E26 screw-based socket and be prepackaged and sold
8together with one screw-based compact fluorescent lamp or
9screw-based LED lamp for each screw-based socket on the
10light fixture. The compact fluorescent or LED lamps
11prepackaged with the light fixture shall be fully
12compatible with any light fixture controls incorporated
13into the light fixture, such as, light fixtures with
14dimmers shall be packed with dimmable lamps. Compact
15fluorescent lamps prepackaged with light fixtures shall
16meet the requirements of the EPA's "Energy Star Program
17for CFLs, Version 4.0."

18(v) Be equipped with one or more single-ended, non-
19screw-based halogen lamp sockets, line or low voltage, a
20dimmer control or high-low control, and be rated for a
21maximum of 100W.

22(4) Portable electric spas shall not have a normalized
23standby power greater than 5(V2/3) Watts where V=the fill
24volume in gallons, as measured in accordance with the test
25method for portable electric spas contained in section 1604,
26title 20, California Code of Regulations as amended on
27December 3, 2008.

28(5) Televisions with a viewable screen area no greater
29than 1400 square inches shall:

30(i) use no more than (0.12* viewable screen area

1(in2) + 25) watts in on mode;

2(ii) use no more than one (1) watt in standby
3passive mode; and

4(iii) have a peak luminance in the preset mode
5designed for typical home use and for the default mode as
6shipped that is no less than 65% of the peak luminance at
7the brightest setting.

8Section 5. Implementation.

9(a) Sale of new products.--On or after January 1, 2015, no
10covered product may be sold or offered for sale in this
11Commonwealth unless the efficiency of the covered product meets
12or exceeds the efficiency standards set forth in this section or
13adopted pursuant to section 6.

14(b) Installation of new products.--On or after January 1,
152016, no covered product may be installed in this Commonwealth
16unless the efficiency of the new product meets or exceeds the
17efficiency standards set forth in section 4 or adopted pursuant
18to section 6.

19Section 6. New and revised standards.

20(a) General rule.--The board may establish new or increased
21efficiency standards for covered products by regulation. The
22board may also establish standards for products not included in
23the definition of covered products. In considering new or
24amended standards, the board shall set efficiency standards upon
25a determination that increased efficiency standards would
26promote energy conservation in the State and would be cost-
27effective for consumers who purchase and use the new products,
28provided that no new or increased efficiency standards may
29become effective within one year following the adoption of any
30amended regulations establishing the increased efficiency

1standards.

2(b) Secretary's authority.--Notwithstanding subsection (a),
3and in order to facilitate the speedy implementation of this
4act, the secretary shall have the power and authority to adopt
5new or increased energy efficiency standards for covered
6products through guidelines, which shall be published in the
7Pennsylvania Bulletin. The guidelines shall not be subject to
8review pursuant to section 204(b) of the act of October 15, 1980
9(P.L. 950, No. 164), known as the Commonwealth Attorneys Act and
10shall not be subject to review pursuant to the act of June 25,
111982 (P.L. 633, No. 181), known as the Regulatory Review Act.
12The guidelines shall be effective until the board adopts a final
13rulemaking establishing new or increased energy efficiency
14standards relating to that covered product.

15(c) Standard determinations.--In order to exercise the
16authority in subsection (b), the secretary must determine that
17all of the following apply:

18(1) The standards will promote energy conservation in
19this Commonwealth.

20(2) The standards will be cost-effective for consumers
21who purchase and use the products.

22(3) The standards are used by the industry and are
23publicly available in the United States.

24(4) Products that meet the standards are widely
25available for purchase at retailers in Pennsylvania.

26(d) Adopted standards.--Standards adopted under subsection
27(b) shall not become effective until six months following
28publication in the Pennsylvania Bulletin.

29(e) Waiver.--The department may apply for a waiver of
30Federal preemption in accordance with section 327 of the Energy

1Policy and Conservation Act (Public Law 94-163, 89 Stat. 871).

2Section 7. Administration.

3(a) Testing.--If the procedures for testing the energy
4efficiency of covered products are not provided under State law,
5the department shall use the Department of Energy approved test
6methods or, in the absence of such test methods, other
7appropriate nationally or State-recognized test methods. The
8manufacturers of covered products shall provide to the
9department, certification of the test data of the samples tested
10in accordance with the test procedures adopted pursuant to this
11act or those specified in other State law.

12(b) Manufacturer certification.--Manufacturers of covered
13products shall certify to the department that the products are
14in compliance with the provisions of this act. The board shall
15adopt regulations governing the certification of the products
16and may work in coordination with the certification program of
17other states with like standards.

18(c) Reciprocity.--The board shall adopt regulations
19governing the certification of new products and may coordinate
20with the certification programs of other states with similar
21standards. Any manufacturer that has certified a product to
22another state or to the EPA Energy Star Program may provide the
23department with a copy of the certification that the
24manufacturer made to the other state or agency in place of a
25separate certification to the department, provided that:

26(1) the other state's standards or the Energy Star
27specifications are equivalent to or more stringent than the
28standards established under this act; and

29(2) all information required by the regulations adopted
30under paragraph (1) is included in the certification.

1(d) Identification.--A manufacturer of covered products
2shall identify that each product offered for sale or installed
3in this Commonwealth is in compliance with the provisions of
4this act by means of a mark, label or tag on the product and
5packaging at the time of sale or installation. The board shall
6adopt regulations governing the identification of the products
7and packaging and may work in coordination with the labeling
8programs of other states with like standards.

9(e) Noncompliant tested products.--The department may test a
10covered product using an accredited testing facility. The board
11shall adopt regulations governing the identification testing
12protocols from similar states or the EPA Energy Star Program and
13may work in coordination with testing programs of other states
14with like standards or the EPA Energy Star Program. If a product
15is tested and is not in compliance with the minimum efficiency
16standards established under section 6 or adopted pursuant to
17this section, the department shall:

18(1) Charge the manufacturer of the product for the cost
19of product purchase and testing.

20(2) Provide information to the public on the products.

21(f) Periodic inspection.--The department may cause periodic
22inspections to be made of distributors or retailers of covered
23products in order to determine compliance with the provisions of
24this act. The department shall cooperate with other Commonwealth
25agencies to coordinate inspections for covered products that are
26covered by other state laws.

27(g) Regulations.--The board shall adopt regulations as
28necessary to ensure the proper implementation and enforcement of
29the provisions of this act.

30Section 8. Unlawful conduct.

1It shall be unlawful to:

2(1) fail to comply with, or to cause or assist in the
3violation of, any of the provisions of this act or rules,
4regulations and guidelines adopted under this act;

5(2) to fail to comply with any order of the department;

6(3) hinder, obstruct, prevent or interfere with the
7department or its personnel in the performance of any duty
8under this act; or

9(4) violate the provisions of 18 Pa.C.S. § 4903
10(relating to false swearing) or 4904 (relating to unsworn
11falsification to authorities) in regard to papers required to
12be submitted under this act.

13Section 9. Civil penalties and remedies.

14(a) Civil penalty.--

15(1) In addition to proceeding under any other remedy,
16for a violation of a provision of this act or a rule or
17regulation adopted or order issued under this act, the
18department may assess a civil penalty of not more than $250
19for the first day of each offense and $250 for each
20additional day of continuing violation. In determining the
21amount of the penalty, the department may consider:

22(i) The extent of the violation.

23(ii) The willfulness of the violation.

24(iii) Previous violations.

25(iv) The economic benefit to the violator for
26failing to comply with this act.

27(2) Whenever the department finds it appropriate, the
28department may issue a warning in lieu of assessing a penalty
29where the manufacturer, distributor or retailer takes
30immediate action to resolve the violation and come into

1compliance.

2(b) Collection.--In cases of inability to collect the civil
3penalty or failure of any person to pay all or a portion of the
4penalty, as the department may determine, the department may
5refer the matter to the Office of Attorney General, which shall
6take appropriate action to recover the penalty. Any penalty
7assessed shall act as a lien on the property of the person
8against whom the penalty has been assessed.

9(c) Civil remedies.--In order to restrain or prevent any
10violation of this act or the rules and regulations promulgated
11under this act or any order issued under this act, suits may be
12instituted in equity or at law. These proceedings may be
13prosecuted in the Commonwealth Court or in the court of common
14pleas of the county where the activity has taken place, the
15condition exists or the public is affected. In addition to an
16injunction, the court in an equity proceeding may assess civil
17penalties in accordance with this section. The court may, in its
18decree, fix a reasonable time during which the person
19responsible for the violation may make provision for the
20abatement of the violation.

21Section 10. Appliance Energy Efficiency Fund.

22There is hereby created a special nonlapsing account in the
23General Fund to be known as the Appliance Energy Efficiency
24Fund. All fees, fines, judgments, bond forfeitures, interest and
25recovered costs collected by the department under this act shall
26be paid into the Appliance Energy Efficiency Fund. All moneys
27placed in the Appliance Energy Efficiency Fund and the interest
28it accrues are hereby appropriated, upon authorization by the
29Governor, to the department for the costs of implementing the
30energy efficiency program created by this act.

1Section 11. Enforcement orders.

2The department may issue orders as necessary to aid in the
3enforcement of the provisions of this act. Any order issued
4under this section shall take effect upon notice unless the
5order specifies otherwise.

6Section 12. Powers reserved under existing laws.

7Nothing contained in this act may limit the powers conferred
8upon the department or the Office of Attorney General under laws
9other than this act, including the act of December 4, 1996 (P.L.
10906, No 146), known as the Unfair Trade Practices and Consumer
11Protection Law. Nothing contained in this act may alter other
12rights of action or remedies. A court exercising general
13equitable jurisdiction shall not be deprived of jurisdiction
14even though a violation of this act is subject to regulation or
15other action by the Commonwealth. The collection of a penalty
16imposed under the provisions of this act shall not be construed
17as estopping the Commonwealth from proceeding in courts of law
18or equity address violations of this act or rules, regulations
19and guidelines adopted under this act or an order of the
20department.

21Section 13. Severability.

22The provisions of this act are severable. If any provision of
23this act or its application to any person or circumstance is
24held invalid, the invalidity shall not affect other provisions
25or applications of this act which can be given effect without
26the invalid provision or application.

27Section 14. Effective date.

28This act shall take effect in 60 days.