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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BRIGGS, SANTARSIERO, D. COSTA, GOODMAN, HORNAMAN, JOSEPHS, MARSHALL, PAYTON, READSHAW AND CALTAGIRONE, MAY 3, 2011 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MAY 3, 2011 |
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| AN ACT |
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1 | Providing for minimum energy efficiency standards for certain |
2 | appliances and equipment; providing for the powers and duties |
3 | of the Department of Environmental Protection and the |
4 | Attorney General; and establishing the Appliance Energy |
5 | Efficiency Fund. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Short title. |
9 | This act shall be known and may be cited as the Appliance |
10 | Energy Efficiency Standards Act. |
11 | Section 2. Definitions. |
12 | The following words and phrases when used in this act shall |
13 | have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | "Art work light fixture." A light fixture designed only to |
16 | be mounted directly to or adjacent to art work and for the |
17 | purpose of illuminating that art work. |
18 | "Attorney General." The Attorney General of the |
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1 | Commonwealth. |
2 | "Board." The Environmental Quality Board of the |
3 | Commonwealth. |
4 | "Bottle-type water dispenser." A water dispenser that uses a |
5 | bottle or reservoir as the source of potable water. |
6 | "Combination television." A system in which a television or |
7 | television monitor and an additional device or devices |
8 | including, but not limited to, a DVD player or a VCR, are |
9 | combined into a single unit in which the additional devices are |
10 | included in the television casing. |
11 | "Commercial hot food holding cabinet." A heated, fully |
12 | enclosed compartment with one or more doors that is designed to |
13 | maintain the temperature of hot food that has been cooked in a |
14 | separate appliance. The term does not include heated glass |
15 | merchandising cabinets, drawer warmers or cook-and-hold |
16 | appliances. |
17 | "Component television." A television composed of two or more |
18 | separate components marketed and sold as a television under one |
19 | model or system designation. An example of a component |
20 | television is a separate display device and tuner that is sold |
21 | as a model or a system. A component television may have more |
22 | than one power cord. |
23 | "Computer monitor." An analog or digital device designed |
24 | primarily for the display of computer-generated signals and that |
25 | is not marketed for use as a television. |
26 | "Covered product." New products sold, offered for sale or |
27 | installed in this Commonwealth that are subject to the terms of |
28 | this act. |
29 | "Department." The Department of Environmental Protection of |
30 | the Commonwealth. |
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1 | "Department of Energy." The United States Department of |
2 | Energy. |
3 | "EPA." The United States Environmental Protection Agency. |
4 | "Fund." The Appliance Energy Efficiency Fund established in |
5 | section 9. |
6 | "LED light engine." A subsystem of an LED light fixture that |
7 | includes one or more LED components, including an LED driver |
8 | power source with electrical and mechanical interfaces, and an |
9 | integral heat sink to provide thermal dissipation and may be |
10 | designed to accept additional components that provide aesthetic, |
11 | optical and environmental control. |
12 | "LED light fixture." A complete lighting unit consisting of |
13 | an LED light source, with one or more LED lamps or LED light |
14 | engines, together with parts to distribute light, to position |
15 | and protect the light source and to connect the light source to |
16 | electrical power. |
17 | "Light fixture." A product designed to provide light that |
18 | includes at least one lamp socket and parts to distribute the |
19 | light, to position or protect one or more lamps and to connect |
20 | one or more lamps to a power supply. |
21 | "Portable electric spa." A factory-built electric spa or hot |
22 | tub, supplied with equipment for heating and circulating water. |
23 | "Portable light fixture." A light fixture that has a |
24 | flexible cord and an attachment plug for connection to a nominal |
25 | 120-volt circuit that allows the user to relocate the product |
26 | without any rewiring and which typically can be controlled with |
27 | a switch on the product or the power cord of the product. The |
28 | term does not include art work light fixtures, direct plug-in |
29 | night lights, sun or heat lamps, medical or dental lights, |
30 | portable electric hand lamps, signs or commercial advertising |
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1 | displays, photographic lamps, germicidal lamps or light fixtures |
2 | for marine use or for use in hazardous locations as those terms |
3 | are designated in ANSI/NFPA 70 of the National Electrical Code, |
4 | or its successor standard. The term does not include decorative |
5 | lighting strings, decorative lighting outfits or electric |
6 | candles or candelabra without lamp shades that are covered under |
7 | Underwriter Laboratories (UL) standard 588, "Seasonal and |
8 | Holiday Decorative Products.", or its successor standard. |
9 | "Secretary." The Secretary of Environmental Protection of |
10 | the Commonwealth. |
11 | "Television." An analog or digital device designed primarily |
12 | for the display and reception of a terrestrial, satellite, cable |
13 | Internet Protocol TV (IPTV) or other broadcast or recorded |
14 | transmission of analog or digital signals. The term includes |
15 | combination televisions, television monitors, component |
16 | televisions, and any product that is marketed as a television. |
17 | The term does not include computer monitors. |
18 | "Television monitor." A television that does not have an |
19 | internal tuner or receiver or playback device. |
20 | "Total horsepower." The product of a motor's service factor |
21 | and nameplate horsepower. |
22 | "Water dispenser." A factory-made assembly that mechanically |
23 | cools and heats potable water and that dispenses the cooled or |
24 | heated water by integral or remote means. |
25 | Section 3. Scope. |
26 | (a) General rule.--This act shall apply to the testing, |
27 | certification and enforcement of efficiency standards for all |
28 | covered products. |
29 | (b) Exclusions.--This act shall not apply to any of the |
30 | following: |
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1 | (1) New products manufactured in this Commonwealth and |
2 | sold outside this Commonwealth. |
3 | (2) New products manufactured outside this Commonwealth |
4 | and sold at wholesale inside this Commonwealth for final |
5 | retail sale and installation outside this Commonwealth. |
6 | (3) Products installed in manufactured homes at the time |
7 | of construction. |
8 | (4) Products designed expressly for installation and use |
9 | in recreational vehicles. |
10 | Section 4. Efficiency standards. |
11 | In accordance with section 6, the secretary may adopt minimum |
12 | efficiency standards and other requirements to meet the purposes |
13 | of this act. For covered products, any such standards shall be |
14 | no less stringent than the following minimum efficiency |
15 | standards: |
16 | (1) Bottle-type water dispensers designed for dispensing |
17 | both hot and cold water shall not have standby energy |
18 | consumption greater than 1.2 kilowatt hours per day, as |
19 | measured in accordance with the test criteria contained in |
20 | version 1 of the EPA's "Energy Star Program Requirements for |
21 | Bottled Water Coolers," except units with an integral, |
22 | automatic timer shall not be tested using Section D, "Timer |
23 | Usage," of the test criteria. |
24 | (2) Commercial hot food holding cabinets with interior |
25 | volume of 8 cubic feet or greater shall have a maximum idle |
26 | energy rate of 40 watts per cubic foot of interior volume, as |
27 | determined by the "idle energy rate-dry test" in ASTM |
28 | F2140-01, "Standard Test Method for Performance of Hot Food |
29 | Holding Cabinets" published by ASTM International. Interior |
30 | volume shall be measured in accordance with the method shown |
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1 | in the EPA's "Energy Star Program Requirements for Commercial |
2 | Hot Food Holding Cabinets" as in effect on August 15, 2003. |
3 | (3) Portable light fixtures shall meet one or more of |
4 | the following requirements: |
5 | (i) Be a fluorescent light fixture that meets the |
6 | requirements of the EPA's "Energy Star Program for |
7 | Residential Light Fixtures Version 4.2." |
8 | (ii) Be equipped with only one or more GU-24 line |
9 | voltage sockets, not be rated for use with incandescent |
10 | lamps of any type, as defined in ANSI standards, and meet |
11 | the requirements of the EPA's "Energy Star Program for |
12 | Residential Light Fixtures Version 4.2," including line |
13 | voltage or low voltage. |
14 | (iii) Be an LED light fixture or a light fixture |
15 | with an LED light engine and comply with the following |
16 | minimum requirements: |
17 | (A) Minimum light output: 200 lumens - initial. |
18 | (B) Minimum LED light engine efficacy: 40 |
19 | lumens/watt in fixtures that meet the minimum light |
20 | fixture efficacy of 29 lumens/watt or, alternatively, |
21 | a minimum LED light engine efficacy of 60 lumens/watt |
22 | for fixtures that do not meet the minimum light |
23 | fixture efficacy of 29 lumens per watt. |
24 | (C) All portable fixtures shall have a minimum |
25 | LED light fixture efficacy of 29 lumens/watt and a |
26 | minimum LED light engine efficacy of 60 lumens/watt |
27 | by January 1, 2016. |
28 | (D) Color Correlated Temperature (CCT): 2700K |
29 | through 4000K. |
30 | (E) Minimum Color Rendering Index (CRI): 75. |
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1 | (F) Power factor equal to or greater than 0.70. |
2 | (G) Portable light fixtures that have internal |
3 | power supplies shall have zero standby power when the |
4 | light fixture is turned off. |
5 | (H) LED light sources shall deliver at least 70% |
6 | of initial lumens for at least 25,000 hours. |
7 | (iv) Be equipped with an ANSI-designated E12, E17 or |
8 | E26 screw-based socket and be prepackaged and sold |
9 | together with one screw-based compact fluorescent lamp or |
10 | screw-based LED lamp for each screw-based socket on the |
11 | light fixture. The compact fluorescent or LED lamps |
12 | prepackaged with the light fixture shall be fully |
13 | compatible with any light fixture controls incorporated |
14 | into the light fixture, an example of such would be, |
15 | light fixtures with dimmers shall be packed with dimmable |
16 | lamps. Compact fluorescent lamps prepackaged with light |
17 | fixtures shall meet the requirements of the EPA's "Energy |
18 | Star Program for CFLs, Version 4.0." |
19 | (v) Be equipped with one or more single-ended, non- |
20 | screw-based halogen lamp sockets, line or low voltage, a |
21 | dimmer control or high-low control, and be rated for a |
22 | maximum of 100W. |
23 | (4) Portable electric spas shall not have a normalized |
24 | standby power greater than 5(V2/3) Watts where V=the fill |
25 | volume in gallons, as measured in accordance with the test |
26 | method for portable electric spas contained in section 1604, |
27 | title 20, California Code of Regulations as amended on |
28 | December 3, 2008. |
29 | (5) Televisions with a viewable screen area no greater |
30 | than 1400 square inches shall: |
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1 | (i) use no more than (0.12* viewable screen area |
2 | (in2) + 25) watts in on mode; |
3 | (ii) use no more than one (1) watt in standby |
4 | passive mode; and |
5 | (iii) have a peak luminance in the preset mode |
6 | designed for typical home use and for the default mode as |
7 | shipped that is no less than 65% of the peak luminance at |
8 | the brightest setting. |
9 | Section 5. Implementation. |
10 | (a) Sale of new products.--On or after January 1, 2013, no |
11 | covered product may be sold or offered for sale in this |
12 | Commonwealth unless the efficiency of the covered product meets |
13 | or exceeds the efficiency standards set forth in this section or |
14 | adopted pursuant to section 6. |
15 | (b) Installation of new products.--On or after January 1, |
16 | 2014, no covered product may be installed in this Commonwealth |
17 | unless the efficiency of the new product meets or exceeds the |
18 | efficiency standards set forth in section 4 or adopted pursuant |
19 | to section 6. |
20 | Section 6. New and revised standards. |
21 | (a) General rule.--The board may establish new or increased |
22 | efficiency standards for covered products by regulation. The |
23 | board may also establish standards for products not included in |
24 | the definition of covered products. In considering such new or |
25 | amended standards, the board shall set efficiency standards upon |
26 | a determination that increased efficiency standards would serve |
27 | to promote energy conservation in the State and would be cost- |
28 | effective for consumers who purchase and use such new products, |
29 | provided that no new or increased efficiency standards shall |
30 | become effective within one year following the adoption of any |
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1 | amended regulations establishing such increased efficiency |
2 | standards. |
3 | (b) Secretary's authority.--Notwithstanding subsection (a), |
4 | and in order to facilitate the speedy implementation of this |
5 | program, the secretary shall have the power and authority to |
6 | adopt new or increased energy efficiency standards for covered |
7 | products through guidelines which shall be published in the |
8 | Pennsylvania Bulletin. The guidelines shall not be subject to |
9 | review pursuant to section 204(b) of the act of October 15, 1980 |
10 | (P.L. 950, No. 164), known as the Commonwealth Attorneys Act, |
11 | and shall not be subject to review pursuant to the act of June |
12 | 25, 1982 (P.L. 633, No. 181), known as the Regulatory Review |
13 | Act, and shall be effective until such time that the board |
14 | adopts a final rulemaking establishing new or increased energy |
15 | efficiency standards relating to that covered product. |
16 | (c) Standard determinations.--In order to exercise the |
17 | authority in subsection (b), the secretary must determine that: |
18 | (1) The standards will promote energy conservation in |
19 | this Commonwealth. |
20 | (2) The standards will be cost-effective for consumers |
21 | who purchase and use such products. |
22 | (3) The standards are used by the industry and are |
23 | publicly available in the United States. |
24 | (4) Products which meet the standards are widely |
25 | available for purchase at retailers in Pennsylvania. |
26 | (d) Adopted standards.--Standards adopted under subsection |
27 | (b) shall not become effective until six months following the |
28 | publication described in this section. |
29 | (e) Waiver.--The department may apply for a waiver of |
30 | Federal preemption in accordance with section 327 of the Energy |
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1 | Policy and Conservation Act (Public Law 94-163, 89 Stat. 871). |
2 | Section 7. Administration. |
3 | (a) Testing.--If the procedures for testing the energy |
4 | efficiency of covered products are not provided for by State |
5 | law, the department shall use the Department of Energy approved |
6 | test methods or, in the absence of such test methods, other |
7 | appropriate nationally or State-recognized test methods. The |
8 | manufacturers of covered products shall provide to the |
9 | department, certification of the test data of the samples tested |
10 | in accordance with the test procedures adopted pursuant to this |
11 | act or those specified in other State law. |
12 | (b) Manufacturer certification.--Manufacturers of covered |
13 | products shall certify to the department that such products are |
14 | in compliance with the provisions of this act. The board shall |
15 | adopt regulations governing the certification of the products |
16 | and may work in coordination with the certification program of |
17 | other states with like standards. |
18 | (c) Reciprocity.--The board shall adopt regulations |
19 | governing the certification of new products and may coordinate |
20 | with the certification programs of other states with similar |
21 | standards. Any manufacturer that has certified a product to |
22 | another state or to the EPA Energy Star Program may provide the |
23 | department with a copy of the certification that the |
24 | manufacturer made to the other state or agency in place of a |
25 | separate certification to the department, provided that: |
26 | (1) the other state's standards or the Energy Star |
27 | specifications are equivalent to or more stringent than the |
28 | standards established under this act; and |
29 | (2) all information required by the regulations adopted |
30 | under paragraph (1) is included in the certification. |
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1 | (d) Identification.--Manufacturers of covered products shall |
2 | identify each product offered for sale or installed in this |
3 | Commonwealth as in compliance with the provisions of this act by |
4 | means of a mark, label or tag on the product and packaging at |
5 | the time of sale or installation. The board shall adopt |
6 | regulations governing the identification of the products and |
7 | packaging and may work in coordination with the labeling |
8 | programs of other states with like standards. |
9 | (e) Noncompliant tested products.--The department may test a |
10 | covered product using an accredited testing facility. The board |
11 | shall adopt regulations governing the identification testing |
12 | protocols from similar states or EPA Energy Star program and may |
13 | work in coordination with testing programs of other states or |
14 | EPA Energy Star with like standards. If a product is tested and |
15 | is not in compliance with the minimum efficiency standards |
16 | established under section 6 or adopted pursuant to this section, |
17 | the department shall: |
18 | (1) Charge the manufacturer of the product for the cost |
19 | of product purchase and testing. |
20 | (2) Provide information to the public on the products. |
21 | (f) Periodic inspection.--The department may cause periodic |
22 | inspections to be made of distributors or retailers of covered |
23 | products in order to determine compliance with the provisions of |
24 | this act. The department shall cooperate with other Commonwealth |
25 | agencies to coordinate on inspections for covered products that |
26 | are also covered by other state laws. |
27 | (g) Regulations.--The board shall adopt regulations as |
28 | necessary to ensure the proper implementation and enforcement of |
29 | the provisions of this act. |
30 | Section 8. Unlawful conduct. |
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1 | It shall be unlawful to fail to comply with, or to cause or |
2 | assist in the violation of, any of the provisions of this act or |
3 | rules, regulations and guidelines adopted; or to fail to comply |
4 | with any order of the department; or to hinder, obstruct, |
5 | prevent or interfere with the department or its personnel in the |
6 | performance of any duty under this act; or to violate the |
7 | provisions of 18 Pa.C.S. § 4903 (relating to false swearing) or |
8 | 4904 (relating to unsworn falsification to authorities) in |
9 | regard to papers required to be submitted under this act. |
10 | Section 9. Civil penalties and remedies. |
11 | (a) Civil penalty.-- |
12 | (1) In addition to proceeding under any other remedy |
13 | available at law or in equity for a violation of a provision |
14 | of this act or a rule or regulation adopted or order issued |
15 | under this act, the department may assess a civil penalty of |
16 | not more than $250 for the first day of each offense and $250 |
17 | for each additional day of continuing violation. The factors |
18 | for consideration in determining the amount of the penalty |
19 | are: |
20 | (i) The extent of the violation. |
21 | (ii) The willfulness of the violation. |
22 | (iii) Previous violations. |
23 | (iv) The economic benefit to the violator for |
24 | failing to comply with this act. |
25 | (2) Whenever the department finds it appropriate, the |
26 | department may issue a warning in lieu of assessing a penalty |
27 | where the manufacturer, distributor or retailer takes |
28 | immediate action to resolve the violation and come into |
29 | compliance. |
30 | (b) Collection.--In cases of inability to collect the civil |
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1 | penalty or failure of any person to pay all or a portion of the |
2 | penalty, as the department may determine, the department may |
3 | refer the matter to the Office of Attorney General which shall |
4 | take appropriate action to recover the penalty. Any penalty |
5 | assessed shall act as a lien on the property of the person |
6 | against whom the penalty has been assessed. |
7 | (c) Civil remedies.--In order to restrain or prevent any |
8 | violation of this act or the rules and regulations promulgated |
9 | under this act or any order issued under this act, suits may be |
10 | instituted in equity or at law. These proceedings may be |
11 | prosecuted in the Commonwealth Court or in the court of common |
12 | pleas of the county where the activity has taken place, the |
13 | condition exists or the public is affected, and, to that end, |
14 | jurisdiction is hereby conferred in law and equity upon these |
15 | courts. In addition to an injunction, the court in such equity |
16 | proceeding may assess civil penalties in accordance with this |
17 | section. The court may, in its decree, fix a reasonable time |
18 | during which the person responsible for the violation may make |
19 | provision for the abatement of same. |
20 | (d) Establishment of fund.--There is hereby created a |
21 | special nonlapsing account in the General Fund to be known as |
22 | the Appliance Energy Efficiency Fund. All fees, fines, |
23 | judgments, bond forfeitures, interest and recovered costs |
24 | collected by the department under this act shall be paid into |
25 | the Appliance Energy Efficiency Fund. All moneys placed in the |
26 | Appliance Energy Efficiency Fund and the interest it accrues are |
27 | hereby appropriated, upon authorization by the Governor, to the |
28 | department for the costs of implementing the energy efficiency |
29 | program created by this act. |
30 | Section 10. Enforcement orders. |
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1 | The department may issue such orders as are necessary to aid |
2 | in the enforcement of the provisions of this act. Any order |
3 | issued under this section shall take effect upon notice unless |
4 | the order specifies otherwise. |
5 | Section 11. Powers reserved under existing laws. |
6 | Nothing contained in this act shall in any way abridge or |
7 | alter rights of action or remedies now or hereafter existing in |
8 | equity, or under the common law or statutory law, criminal or |
9 | civil, nor shall any provision in this act, or the granting of |
10 | any permit under this act, or any act done by virtue of this |
11 | act, be construed as stopping the Commonwealth, persons or |
12 | municipalities, in the exercise of their rights under the common |
13 | law or decisional law or in equity, from proceeding in courts of |
14 | law or equity to enforce common law or statutory rights. Nothing |
15 | in this act shall limit in any way whatever the powers conferred |
16 | upon the department or the Office of Attorney General under laws |
17 | other than this act, including the act of December 4, 1996 (P.L. |
18 | 906, No 146), known as the Unfair Trade Practices and Consumer |
19 | Protection Law. A court exercising general equitable |
20 | jurisdiction shall not be deprived of such jurisdiction even |
21 | though a violation of this act is subject to regulation or other |
22 | action by the Commonwealth. The collection of any penalty |
23 | imposed under the provisions of this act shall not be construed |
24 | as estopping the Commonwealth from proceeding in courts of law |
25 | or equity address violations of this act or rules, regulations |
26 | and guidelines adopted hereunder; or an order of the department. |
27 | Section 12. Severability. |
28 | The provisions of this act are severable. If any provision of |
29 | this act or its application to any person or circumstance is |
30 | held invalid, the invalidity shall not affect other provisions |
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1 | or applications of this act which can be given effect without |
2 | the invalid provision or application. |
3 | Section 13. Effective date. |
4 | This act shall take effect in 60 days. |
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