PRINTER'S NO. 1159
No. 901 Session of 2003
INTRODUCED BY CONTI, ORIE, ERICKSON, C. WILLIAMS, KITCHEN,
RAFFERTY, WOZNIAK AND BOSCOLA, SEPTEMBER 16, 2003
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
SEPTEMBER 16, 2003
AN ACT
1 Providing for minimum energy efficiency standards for certain
2 appliances and equipment; and providing for the powers and
3 duties of the Department of Environmental Protection and of
4 the Attorney General.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Energy
9 Efficiency Standards Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Attorney General." The Attorney General of the
15 Commonwealth.
16 "Ceiling fan." A nonportable device that is suspended from a
17 ceiling for circulating air via the rotation of fan blades.
18 "Ceiling fan light kit." The equipment used to provide light
1 from a ceiling fan that is:
2 (1) hardwired to the ceiling fan; or
3 (2) not physically attached to the fan, but may be
4 included inside the ceiling fan package at the time of sale
5 or sold separately for subsequent attachment.
6 "Commercial clothes washer." A soft mount front-loading or
7 soft mount top-loading clothes washer that is designed for use
8 by:
9 (1) the occupants of more than one household, including
10 multifamily housing common areas and coin laundries; or
11 (2) other commercial applications, if the clothes
12 container compartment is no greater than 3.5 cubic feet for
13 horizontal-axis clothes washers or no greater than 4.0 cubic
14 feet for vertical-axis clothes washers.
15 "Commercial refrigerator and freezer." A reach-in cabinet,
16 pass-through cabinet, roll-in cabinet or roll-through cabinet
17 that has less than 85 cubic feet of capacity and that is not a
18 walk-in model or consumer product regulated under the Energy
19 Policy and Conservation Act (Public Law 94-163, 89 Stat. 871).
20 "Department." The Department of Environmental Protection of
21 the Commonwealth.
22 "Digital cable television box." A device that converts
23 digital signals received from a cable service provider to a
24 signal usable by a television set and that acts as a tuner for
25 cable television programming.
26 "Digital television converter box." A device that receives
27 and decodes digital broadcast signals for display by an analog
28 television set and is not a digital cable television box.
29 "Illuminated exit sign." A sign that is designed to be
30 permanently fixed in place and used to identify an exit in which
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1 a light source illuminates the sign or letters internally and
2 the background of the exit sign is not transparent.
3 "Large packaged air-conditioning equipment." Packaged air-
4 conditioning equipment having 240,000 British thermal unit (BTU)
5 per hour or more of cooling capacity.
6 "Low voltage dry-type distribution transformer." A
7 distribution transformer that:
8 (1) has an input voltage of 600 volts or less;
9 (2) is between 14 kVa and 2,501 kVa in size;
10 (3) is air-cooled; and
11 (4) does not use oil as a coolant.
12 "Multifunction device." A physically integrated electronic
13 device that has the core function of a digital cable television
14 box and one or more major additional functionalities, including,
15 but not limited to, Internet access, personal digital recording
16 or video game operation.
17 "Packaged air-conditioning equipment." Air-conditioning
18 equipment that is built as a package and shipped as a whole to
19 end-user sites.
20 "Pass-through cabinet." A commercial refrigerator or
21 commercial freezer with hinged or sliding doors on both the
22 front and rear thereof.
23 "Reach-in cabinet." A commercial refrigerator, commercial
24 refrigerator and freezer or commercial freezer with hinged or
25 sliding doors or lids but excluding a roll-in or roll-through
26 cabinet and pass-through cabinet.
27 "Roll-in or roll-through cabinet." A commercial refrigerator
28 or commercial freezer with hinged or sliding doors that allows
29 wheeled racks of product to be rolled into or through the
30 refrigerator or freezer.
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1 "Set-top box." A digital cable television box, wireless
2 television receiver or digital television converter box.
3 "Torchiere lighting fixture." A portable electric lighting
4 fixture with a reflector bowl giving light directed upward so as
5 to give indirect illumination.
6 "Traffic signal module." A standard eight-inch (200 mm) or
7 12-inch (300 mm) round traffic signal indication consisting of a
8 light source, lens and all parts necessary for operation and
9 communication of movement messages to drivers through red, amber
10 and green colors, and arrow modules in the same colors to
11 indicate turning movements.
12 "Transformer." A device consisting essentially of two or
13 more coils of insulated wire that transfers alternating current
14 by electromagnetic induction from one coil to another in order
15 to change the original voltage or current value.
16 "Unit heater." A self-contained fan-type heater that uses
17 natural gas, propane or fuel oil and that is designed to be
18 installed within a heated space. The term includes an apparatus
19 or appliance that supplies heat and a fan for circulating air
20 over a heat exchange surface enclosed in a common casing. The
21 term does not include "warm air furnaces" as specifically
22 defined under the Energy Policy Act of 1992 (Public Law 102-486,
23 42 U.S.C. § 13201 et seq).
24 "Wireless television receiver." A device used in conjunction
25 with a dish antenna to receive satellite or other wireless
26 television programming and that converts signals from a dish
27 antenna for use by a television set.
28 Section 3. Scope.
29 (a) General rule.--The provisions of this act apply to the
30 testing, certification and enforcement of efficiency standards
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1 for the following types of new products sold, offered for sale
2 or installed in this Commonwealth:
3 (1) Ceiling fans and ceiling fan light kits.
4 (2) Commercial clothes washers.
5 (3) Commercial refrigerators and freezers.
6 (4) Illuminated exit signs.
7 (5) Large packaged air-conditioning equipment.
8 (6) Low voltage dry-type distribution transformers.
9 (7) Set-top boxes.
10 (8) Torchiere lighting fixtures.
11 (9) Traffic signal modules.
12 (10) Unit heaters.
13 (11) Such other products as may be designated by the
14 department in accordance with section 6.
15 (b) Exclusions.--The provisions of this act do not apply to
16 any of the following:
17 (1) New products manufactured in this Commonwealth and
18 sold outside this Commonwealth.
19 (2) New products manufactured outside this Commonwealth
20 and sold at wholesale inside this Commonwealth for final
21 retail sale and installation outside this Commonwealth.
22 (3) Products installed in mobile manufactured homes at
23 the time of construction.
24 (4) Products designed expressly for installation and use
25 in recreational vehicles.
26 Section 4. Efficiency standards.
27 Not later than January 1, 2004, the department shall adopt
28 regulations establishing minimum efficiency standards for the
29 types of new products set forth in section 3. The regulations
30 shall provide for the following minimum efficiency standards:
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1 (1) Ceiling fans and ceiling fan light kits shall meet
2 the Tier 1 criteria of the product specification (Version
3 1.1) of the "Energy Star Program Requirements for Residential
4 Ceiling Fans" developed by the Environmental Protection
5 Agency.
6 (2) Commercial clothes washers shall meet the
7 requirements shown in Table P-3 of section 1605.3 of the
8 California Code of Regulations, Title 20: Division 2, Chapter
9 4, Article 4: Appliance Efficiency Regulations that took
10 effect on November 27, 2002.
11 (3) Commercial refrigerators and freezers shall meet the
12 August 1, 2004, requirements shown in Table A-6 of section
13 1605.3 of the California Code of Regulations, Title 20:
14 Division 2, Chapter 4, Article 4: Appliance Efficiency
15 Regulations that took effect on November 27, 2002.
16 (4) Illuminated exit signs shall meet the product
17 specification (Version 2.0) of the "Energy Star Program
18 Requirements for Exit Signs" developed by the Environmental
19 Protection Agency.
20 (5) Large packaged air-conditioning equipment shall meet
21 the Tier 2 efficiency levels of the "Minimum Equipment
22 Efficiencies for Unitary Commercial Air Conditioners" and
23 "Minimum Equipment Efficiencies for Heat Pumps" developed by
24 the Consortium for Energy Efficiency, Boston, Massachusetts,
25 and that took effect on July 1, 2002.
26 (6) Low voltage dry-type distribution transformers shall
27 meet or exceed the energy efficiency values shown in Table 4-
28 2 of National Electrical Manufacturers Association Standard
29 TP-1-2002.
30 (7) Set-top boxes other than multifunction devices shall
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1 meet the Tier 1 criteria of the product specification of the
2 Environmental Protection Agency's "Energy Star Program
3 Requirements for Set-top Boxes" that took effect on January
4 1, 2001.
5 (8) Torchiere lighting fixtures shall not consume more
6 than 190 watts and shall not be capable of operating with
7 lamps that total more than 190 watts.
8 (9) Traffic signal modules shall meet the product
9 specification of the "Energy Star Program Requirements for
10 Traffic Signals" developed by the Environmental Protection
11 Agency and that took effect in February 2001.
12 (10) Unit heaters shall not have pilot lights and shall
13 have either power venting or an automatic flue damper.
14 Section 5. Implementation.
15 (a) Sale of new products.--On or after January 1, 2005, no
16 new product set forth in section 3 may be sold or offered for
17 sale in this Commonwealth unless the efficiency of the new
18 product meets or exceeds the efficiency standards set forth in
19 the regulations adopted pursuant to section 4.
20 (b) Installation of new products.--On or after January 1,
21 2006, no new product set forth in section 3 may be installed in
22 this Commonwealth unless the efficiency of the new product meets
23 or exceeds the efficiency standards set forth in the regulations
24 adopted pursuant to section 4.
25 Section 6. New and revised standards.
26 The department may establish increased efficiency standards
27 on the products listed in section 3. In considering such new or
28 amended standards, the department shall set efficiency standards
29 upon a determination that increased efficiency standards would
30 serve to promote energy conservation in this Commonwealth and
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1 would be cost-effective for consumers who purchase and use such
2 new products, provided no new or increased efficiency standards
3 shall become effective within one year following the adoption of
4 any amended regulations providing for such increased efficiency
5 standards. The department may apply for a waiver of Federal
6 preemption in accordance with section 327 of the Energy Policy
7 and Conservation Act (Public Law 94-163, 42 U.S.C. § 6297).
8 Section 7. Administration.
9 (a) Testing.--If the procedures for testing the energy
10 efficiency of the new products covered by section 3 are not
11 provided for by State law, the department shall use the
12 Department of Energy approved test methods or, in the absence of
13 such test methods, other appropriate nationally recognized test
14 methods. The manufacturers of such products shall provide
15 samples to be tested in accordance with the test procedures
16 adopted pursuant to this act or those specified in other State
17 law.
18 (b) Manufacturer certification.--Manufacturers of products
19 covered by section 3 shall certify to the department that such
20 products are in compliance with the provisions of this act. The
21 department shall adopt regulations governing the certification
22 of the products and may work in coordination with the
23 certification program of other states with like standards.
24 (c) Identification.--Manufacturers of products covered by
25 section 3 shall identify each product offered for sale or
26 installed in this Commonwealth as in compliance with the
27 provisions of this act by means of a mark, label or tag on the
28 product and packaging at the time of sale or installation. The
29 department shall adopt regulations governing the identification
30 of the products and packaging and may work in coordination with
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1 the labeling programs of other states with like standards.
2 (d) Noncomplying tested products.--The department may test a
3 product covered by section 3 using an accredited testing
4 facility. If a product is tested and is not in compliance with
5 the minimum efficiency standards established under section 4,
6 the department shall:
7 (1) Charge the manufacturer of the product for the cost
8 of product purchase and testing.
9 (2) Provide information to the public on the products.
10 (e) Periodic inspection.--The department may cause periodic
11 inspections to be made of distributors or retailers of products
12 covered by section 3 in order to determine compliance with the
13 provisions of this act. The department shall cooperate with
14 other administrative departments to coordinate on inspections
15 for new products that are also covered by other state laws.
16 (f) Investigations and penalty.--
17 (1) The Attorney General shall investigate complaints
18 received concerning violations of this act. The Attorney
19 General may institute proceedings to enforce the provisions
20 of this act.
21 (2) A manufacturer who violates any provision of this
22 act shall be issued a warning by the Attorney General for any
23 first violation.
24 (3) Repeat violations shall be subject to a civil
25 penalty of not more than $250. Each violation shall
26 constitute a separate offense and each day that such
27 violation continues shall constitute a separate offense.
28 (4) Penalties assessed under this subsection are in
29 addition to costs assessed under subsection (d).
30 (g) Regulations.--The department shall adopt regulations as
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1 necessary to ensure the proper implementation and enforcement of
2 the provisions of this act.
3 Section 8. Severability.
4 The provisions of this act are severable. If any provision of
5 this act or its application to any person or circumstance is
6 held invalid, the invalidity shall not affect other provisions
7 or applications of this act which can be given effect without
8 the invalid provision or application.
9 Section 9. Effective date.
10 This act shall take effect in 60 days.
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