PRIOR PRINTER'S NO. 1898 PRINTER'S NO. 3016
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1615
Session of
2023
INTRODUCED BY O'MARA, MEHAFFIE, GUENST, SANCHEZ, MADDEN,
SCHLOSSBERG, DELLOSO, HILL-EVANS, FIEDLER, HOWARD, KHAN,
SAPPEY, STEELE, OTTEN, MALAGARI, RABB, T. DAVIS, SHUSTERMAN,
KINKEAD, MULLINS, HOHENSTEIN, INNAMORATO, BENHAM, McNEILL,
SCOTT, VITALI, PROBST, DEASY, BOROWSKI, HARKINS, SOLOMON,
BRIGGS, SAMUELSON, SALISBURY, BURGOS, ISAACSON, DALEY,
STURLA, GALLOWAY, KRAJEWSKI, BOYLE, KIM, FLEMING,
D. WILLIAMS, GREEN, FRANKEL, BRENNAN, N. NELSON, FREEMAN,
MUNROE, SIEGEL, SCHWEYER, MADSEN, WAXMAN, CEPHAS, CONKLIN AND
DONAHUE, AUGUST 10, 2023
AS REPORTED FROM COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY
AND UTILITIES, HOUSE OF REPRESENTATIVES, AS AMENDED,
APRIL 30, 2024
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania <--
2 Consolidated Statutes, in public utility code, providing for
3 minimum energy and water efficiency standards for certain
4 products sold in this Commonwealth; imposing penalties; and
5 making repeals.
6 PROVIDING FOR MINIMUM ENERGY AND WATER EFFICIENCY STANDARDS FOR <--
7 CERTAIN PRODUCTS SOLD IN THIS COMMONWEALTH; IMPOSING
8 PENALTIES; AND MAKING REPEALS.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Part I of Title 66 of the Pennsylvania <--
12 Consolidated Statutes is amended by adding a chapter to read:
13 CHAPTER 34
14 MINIMUM ENERGY AND WATER EFFICIENCY STANDARDS FOR
15 CERTAIN PRODUCTS SOLD IN THIS COMMONWEALTH
16 Sec.
 1 3401. Short title of chapter.
2 3402. General purpose, legislative findings and scope of
3 chapter.
4 3403. Definitions.
5 3404. Standards.
6 3405. Implementation.
7 3406. New and revised standards and regulations.
8 3407. Testing, certification, labeling and enforcement.
9 § 3401. Short title of chapter.
10 This chapter shall be known and may be cited as the
11 Pennsylvania Energy and Water Efficiency Standards Act.
12 § 3402. General purpose, legislative findings and scope of
13 chapter.
14 (a) General purpose.--This chapter establishes minimum
15 energy and water efficiency standards for certain products sold
16 or installed in this Commonwealth.
17 (b) Legislative findings.--The General Assembly finds that:
18 (1) Efficiency standards for certain products sold or
19 installed in this Commonwealth assure consumers and
20 businesses that the products meet minimum efficiency
21 performance levels, resulting in reduced energy and water
22 waste and saving consumers and businesses money on utility
23 bills.
24 (2) Efficiency standards contribute to the economy of
25 this Commonwealth by helping to better balance supply and
26 demand for both energy and water, resulting in reduced
27 pressure that creates higher natural gas, electricity and
28 water prices. By saving consumers and businesses money on
29 utility bills, efficiency standards help the Commonwealth and
30 local economy save on utility bills that can be spent on
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 1 local goods and services.
2 (3) The efficiency standards save energy and thus reduce
3 pollution and other environmental impacts associated with the
4 production, distribution and use of electricity, natural gas
5 and other fuels.
6 (4) The water efficiency standards save water and thus
7 reduce the strain on the water supply. Improved water
8 efficiency can reduce or delay the need for water and sewer
9 infrastructure improvements.
10 (5) The efficiency standards can make electricity and
11 natural gas systems more reliable by reducing the strain on
12 systems during peak demand periods. Improved efficiency can
13 reduce or delay the need for new power plants, power
14 transmission lines and power distribution system upgrades as
15 well as new and expanded gas pipelines.
16 (c) Scope.--The provisions of this chapter apply to:
17 (1) Commercial dishwashers.
18 (2) Commercial fryers.
19 (3) Commercial hot-food holding cabinets.
20 (4) Commercial ovens.
21 (5) Commercial steam cookers.
22 (6) Faucets.
23 (7) Gas fireplaces.
24 (8) High CRI, cold-temperature and impact-resistant
25 fluorescent lamps.
26 (9) Portable electric spas.
27 (10) Residential ventilating fans.
28 (11) Showerheads.
29 (12) Spray sprinkler bodies.
30 (13) Urinals.
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 1 (14) Water closets.
2 (15) Water coolers.
3 (16) Any other products as may be designated by the
4 chairperson in accordance with this section or by operation
5 of law under section 3407 (relating to testing,
6 certification, labeling and enforcement).
7 (d) Limitation.--Nothing in this chapter may be construed to
8 apply to:
9 (1) New products manufactured in this Commonwealth and
10 sold outside of this Commonwealth.
11 (2) New products manufactured outside of this
12 Commonwealth and sold at wholesale inside this Commonwealth
13 for final retail sale and installation outside of this
14 Commonwealth.
15 (3) Products installed in mobile manufactured homes at
16 the time of construction.
17 (4) Products designed expressly for installation and use
18 in recreational vehicles.
19 § 3403. Definitions.
20 The following words and phrases when used in this chapter
21 shall have the meanings given to them in this section unless the
22 context clearly indicates otherwise:
23 "Chairperson." The chairperson of the commission.
24 "Cold-only units." A water cooler that emits cold water
25 only.
26 "Cold-temperature fluorescent lamp." A fluorescent lamp that
27 is not a compact fluorescent lamp that:
28 (1) is specifically designed to start at -20°F when used
29 with a ballast conforming to the requirements of ANSI C78.81
30 and ANSI C78.901; and
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 1 (2) is expressly designated as a cold-temperature lamp
2 both in markings on the lamp and in marketing materials,
3 including catalogs, sales literature and promotional
4 material.
5 "Commercial dishwasher." A machine designed to clean and
6 sanitize plates, pots, pans, glasses, cups, bowls, utensils and
7 trays by applying sprays of detergent solution, with or without
8 blasting media granules, and a sanitizing rinse.
9 "Commercial fryer." An appliance, including a cooking
10 vessel, in which oil is placed to such a depth that the cooking
11 food is essentially supported by displacement of the cooking
12 fluid rather than by the bottom of the vessel. Heat is delivered
13 to the cooking fluid by means of an immersed electric element or
14 band-wrapped vessel electric fryers or by heat transfer from gas
15 burners through either the walls of the fryer or through tubes
16 passing through the cooking fluid.
17 "Commercial hot-food holding cabinet." A heated, fully
18 enclosed compartment with one or more solid or transparent
19 doors, designed to maintain the temperature of hot food that has
20 been cooked using a separate appliance. The term does not
21 include heated glass merchandizing cabinets, drawer warmers or
22 cook-and-hold appliances.
23 "Commercial oven." A chamber designed for heating, roasting
24 or baking food by conduction, convection, radiation or
25 electromagnetic energy.
26 "Commercial steam cooker" or "compartment steamer." A device
27 with one or more food-steaming compartments in which the energy
28 in the steam is transferred to the food by direct contact. The
29 term may include countertop models, wall-mounted models and
30 floor models mounted on a stand, pedestal or cabinet-style base.
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 1 "Compensation." Money or any other source of value,
2 regardless of form, received or to be received by a person for
3 services rendered.
4 "Cook and cold units." A water cooler that emits both cold
5 and room-temperature water.
6 "Decorative gas fireplace." A vented fireplace, including an
7 appliance that is freestanding, recessed, zero clearance or a
8 gas fireplace insert, that is fueled by natural gas or propane,
9 is marked for decorative use only and is not equipped with a
10 thermostat or intended for use as a heater.
11 "Dual-flush effective flush volume." The average flush
12 volume of two reduced flushes and one full flush.
13 "Dual-flush water closet." A water closet incorporating a
14 feature that allows the user to flush the water closet with
15 either a reduced or full volume of water.
16 "EPA." The United States Environmental Protection Agency.
17 "Faucet." A private lavatory faucet, residential kitchen
18 faucet, metering faucet, public lavatory faucet or replacement
19 aerator for a private lavatory, public lavatory or residential
20 kitchen faucet.
21 "Gas fireplace." A decorative gas fireplace or heating gas
22 fireplace.
23 "Hand-held showerhead." A showerhead that can be held or
24 fixed in place for the purpose of spraying water onto a bather
25 and that is connected to a flexible hose.
26 "Heating gas fireplace." A vented fireplace, including an
27 appliance that is freestanding, recessed, zero clearance or a
28 gas fireplace insert, that is fueled by natural gas or propane
29 and which is not a decorative fireplace.
30 "High color rendering index (CRI) fluorescent lamp." A
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 1 fluorescent lamp with a color rendering index of 87 or greater
2 that is not a compact fluorescent lamp.
3 "Hot and cold units." A water cooler that emits both hot and
4 cold water. The term includes a cooler that emits room-
5 temperature water.
6 "Impact-resistant fluorescent lamp." A fluorescent lamp that
7 is not a compact fluorescent lamp that:
8 (1) has a coating or equivalent technology that is
9 compliant with NSF/ANSI 51 and is designed to contain the
10 glass if the glass envelope of the lamp is broken; and
11 (2) is designated and marketed for the intended
12 application with:
13 (i) the designation on the lamp packaging; and
14 (ii) marketing materials that identify the lamp as
15 being impact resistant, shatter resistant, shatter proof
16 or shatter protected.
17 "Metering faucet." A self-closing faucet that dispenses a
18 specific volume of water for each actuation cycle. For the
19 purpose of this definition, the volume or cycle duration can be
20 fixed or adjustable.
21 "Plumbing fixture." An exchangeable device that connects to
22 a plumbing system to deliver and drain away water and waste.
23 "Portable electric spa." A factory-built electric spa or hot
24 tub that is supplied with equipment for heating and circulating
25 water at the time of sale or sold separately for subsequent
26 attachment.
27 "Pressure regulator." A device that maintains constant
28 operating pressure immediately downstream from the device, given
29 higher pressure upstream.
30 "Public lavatory faucet." A fitting intended to be installed
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 1 in nonresidential bathrooms that are exposed to walk-in traffic.
2 "Replacement aerator." An aerator sold as a replacement,
3 separate from the faucet to which it is intended to be attached.
4 "Residential ventilating fan." A ceiling-mounted or wall-
5 mounted fan or remotely mounted in-line fan designed to be used
6 in a bathroom or utility room, whose purpose is to move air from
7 inside the building to the outdoors.
8 "Showerhead." A component or set of components distributed
9 in commerce for attachment to a single supply fitting for
10 spraying water onto a bather, typically from an overhead
11 position. The term does not include a safety showerhead.
12 "Spray sprinkler body." The exterior case or shell of a
13 sprinkler incorporating a means of connection to the piping
14 system designed to convey water to a nozzle or orifice.
15 "Storage type." The storage of thermally conditioned water
16 in a reservoir in the water cooler that is available
17 instantaneously. The term includes point-of-use, dry storage
18 compartment and bottled water coolers.
19 "Trough-type urinal." A urinal designed for simultaneous use
20 by two or more individuals.
21 "Urinal." A plumbing fixture that receives only liquid body
22 waste and conveys the waste through a trap into a drainage
23 system.
24 "Water closet." A plumbing fixture having a water-containing
25 receptor that receives liquid and solid body waste through an
26 exposed integral trap into a drainage system.
27 "Water cooler." A freestanding device that consumes energy
28 to cool or heat potable water.
29 § 3404. Standards.
30 (a) Regulations.--Not later than one year after the
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 1 effective date of this subsection, the chairperson, in
2 consultation with the Secretary of Environmental Protection,
3 shall promulgate regulations, in accordance with the provisions
4 of section 502 of the act of June 28, 1995 (P.L.89, No.18),
5 known as the Conservation and Natural Resources Act,
6 establishing minimum efficiency standards for the types of new
7 products set forth in section 3402 (relating to general purpose,
8 legislative findings and scope of chapter).
9 (b) Minimum standards.--The regulations shall provide for
10 the following minimum efficiency standards:
11 (1) Commercial dishwashers included in the scope of
12 version 2.0 of the EPA's "Energy Star Program Requirements
13 Product Specification for Commercial Dishwashers" shall meet
14 the qualification criteria of that specification.
15 (2) Commercial fryers included in the scope of version
16 2.0 of the EPA's "Energy Star Program Requirements Product
17 Specification for Commercial Fryers" shall meet the
18 qualification criteria of that specification.
19 (3) Commercial hot-food holding cabinets shall meet the
20 qualification criteria of version 2.0 of the EPA's "Energy
21 Star Program Requirements Product Specification for
22 Commercial Hot Food Holding Cabinets."
23 (4) Commercial ovens included in the scope of version
24 2.2 of the EPA's "Energy Star Program Requirements Product
25 Specification for Commercial Ovens" shall meet the
26 qualification criteria of that specification.
27 (5) Commercial steam cookers shall meet the requirements
28 of version 1.2 of the EPA's "Energy Star Program Requirements
29 Product Specification for Commercial Steam Cookers."
30 (6) Faucets, except for metering faucets, shall meet the
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 1 following standards when tested in accordance with 10 CFR Pt.
2 430 Appendix S to Subpt. B (relating to uniform test method
3 for measuring the water consumption of faucets and
4 showerheads):
5 (i) Private lavatory faucets and replacement
6 aerators may not exceed a maximum flow rate of 1.5
7 gallons per minute (gpm) at 60 pounds per square inch
8 (psi).
9 (ii) Residential kitchen faucets and replacement
10 aerators may not exceed a maximum flow rate of 1.8 gpm at
11 60 psi, with optional temporary flow of 2.2 gpm, provided
12 they default to a maximum flow rate of 1.8 gpm at 60 psi
13 after each use.
14 (iii) Public lavatory faucets and replacement
15 aerators may not exceed a maximum flow rate of 0.5 gpm at
16 60 psi.
17 (7) Gas fireplaces shall comply with the following
18 requirements:
19 (i) Gas fireplaces shall be capable of automatically
20 extinguishing a pilot flame when the main gas burner
21 flame is extinguished.
22 (ii) Gas fireplaces shall prevent an ignition source
23 for the main gas burner flame from operating continuously
24 for more than seven days from last use of the main gas
25 burner.
26 (iii) Heating gas fireplaces shall have a fireplace
27 efficiency equal to or greater than 50% when tested in
28 accordance with CSA P.4.1:15, "Testing Method For
29 Measuring Fireplace Efficiency," as amended or revised.
30 (8) High CRI, cold-temperature and impact-resistant
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 1 fluorescent lamps shall meet the minimum efficiency
2 requirements contained in 10 CFR 430.32(n)(4) (relating to
3 energy and water conservation standards and their com