SB 424 — An Act providing for minimum energy and water efficiency standards for certain products sold in this Commonwealth; imposing penalties; and making repeals.

PRINTER'S NO.   397

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         SENATE BILL
                         No. 424
                                                Session of
                                                  2025

     INTRODUCED BY L. WILLIAMS, FONTANA, SAVAL, COMITTA, COLLETT,
        TARTAGLIONE, HAYWOOD, HUGHES, KANE, KEARNEY, STREET, SCHWANK,
        COSTA, SANTARSIERO, PISCIOTTANO AND MUTH, MARCH 17, 2025

     REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
        MARCH 17, 2025


                                     AN ACT
 1   Providing for minimum energy and water efficiency standards for
 2      certain products sold in this Commonwealth; imposing
 3      penalties; and making repeals.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.     Short title.
 7      This act shall be known and may be cited as the Pennsylvania
 8   Energy and Water Efficiency Standards Act.
 9   Section 2.     General purpose, legislative findings and scope.
10      (a)   General purpose.--This act establishes minimum energy
11   and water efficiency standards for certain products sold or
12   installed in this Commonwealth.
13      (b)   Legislative findings.--The General Assembly finds that:
14            (1)   Efficiency standards for certain products sold or
15      installed in this Commonwealth assure consumers and
16      businesses that the products meet minimum efficiency
17      performance levels, resulting in reduced energy and water
 1    waste and saving consumers and businesses money on utility
 2    bills.
 3          (2)   Efficiency standards contribute to the economy of
 4    this Commonwealth by helping to better balance supply and
 5    demand for both energy and water, resulting in reduced
 6    pressure that creates higher natural gas, electricity and
 7    water prices. By saving consumers and businesses money on
 8    utility bills, efficiency standards help the Commonwealth and
 9    local economy save on utility bills that can be spent on
10    local goods and services.
11          (3)   The efficiency standards save energy and thus reduce
12    pollution and other environmental impacts associated with the
13    production, distribution and use of electricity, natural gas
14    and other fuels.
15          (4)   The water efficiency standards save water and thus
16    reduce the strain on the water supply. Improved water
17    efficiency can reduce or delay the need for water and sewer
18    infrastructure improvements.
19          (5)   The efficiency standards can make electricity and
20    natural gas systems more reliable by reducing the strain on
21    systems during peak demand periods. Improved efficiency can
22    reduce or delay the need for new power plants, power
23    transmission lines and power distribution system upgrades as
24    well as new and expanded gas pipelines.
25    (c)   Scope.--The provisions of this act apply to:
26          (1)   Commercial dishwashers.
27          (2)   Commercial fryers.
28          (3)   Commercial hot-food holding cabinets.
29          (4)   Commercial ovens.
30          (5)   Commercial steam cookers.

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 1            (6)    Faucets.
 2            (7)    Gas fireplaces.
 3            (8)    High CRI fluorescent lamps, cold-temperature
 4      fluorescent lamps and impact-resistant fluorescent lamps.
 5            (9)    Portable electric spas.
 6            (10)    Residential ventilating fans.
 7            (11)    Showerheads.
 8            (12)    Spray sprinkler bodies.
 9            (13)    Urinals.
10            (14)    Water closets.
11            (15)    Water coolers.
12      (d)   Limitation.--Nothing in this act may be construed to:
13            (1)    Apply to new products manufactured in this
14      Commonwealth and sold outside of this Commonwealth.
15            (2)    Apply to new products manufactured outside of this
16      Commonwealth and sold at wholesale inside this Commonwealth
17      for final retail sale and installation outside of this
18      Commonwealth.
19            (3)    Apply to products installed in mobile manufactured
20      homes at the time of construction.
21            (4)    Apply to products designed expressly for
22      installation and use in recreational vehicles.
23            (5)    Constitute a ban on products covered under this act.
24            (6)    Prohibit the use, sale or installation of used
25      products or parts.
26   Section 3.      Definitions.
27      The following words and phrases when used in this act shall
28   have the meanings given to them in this section unless the
29   context clearly indicates otherwise:
30      "Accessory."      A component that can, at the discretion of the

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 1   user, be readily added, removed or replaced and that, when
 2   removed, will not prevent the fitting from fulfilling its
 3   primary function. The term includes aerators, handheld shower
 4   assemblies, showerheads and in-line flow controls.
 5      "Board."    The Environmental Quality Board.
 6      "Cold-only unit."    A water cooler that emits cold water only.
 7      "Cold-temperature fluorescent lamp."    A fluorescent lamp that
 8   is not a compact fluorescent lamp that:
 9          (1)     is specifically designed to start at -20°F when used
10      with a ballast conforming to the requirements of ANSI C78.81
11      and ANSI C78.901; and
12          (2)     is expressly designated as a cold-temperature lamp
13      both in markings on the lamp and in marketing materials,
14      including catalogs, sales literature and promotional
15      material.
16      "Commercial dishwasher."    A machine designed to clean and
17   sanitize plates, pots, pans, glasses, cups, bowls, utensils and
18   trays by applying sprays of detergent solution, with or without
19   blasting media granules, and a sanitizing rinse.
20      "Commercial fryer."    An appliance, including a cooking
21   vessel, in which oil is placed to such a depth that the cooking
22   food is essentially supported by displacement of the cooking
23   fluid rather than by the bottom of the vessel. Heat is delivered
24   to the cooking fluid by means of an immersed electric element or
25   band-wrapped vessel electric fryers or by heat transfer from gas
26   burners through either the walls of the fryer or through tubes
27   passing through the cooking fluid.
28      "Commercial hot-food holding cabinet."    A heated, fully
29   enclosed compartment with one or more solid or transparent
30   doors, designed to maintain the temperature of hot food that has

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 1   been cooked using a separate appliance. The term does not
 2   include heated glass merchandizing cabinets, drawer warmers or
 3   cook-and-hold appliances.
 4      "Commercial oven."     A chamber designed for heating, roasting
 5   or baking food by conduction, convection, radiation or
 6   electromagnetic energy.
 7      "Commercial steam cooker."    A device with one or more food-
 8   steaming compartments in which the energy in the steam is
 9   transferred to the food by direct contact. The term may include
10   countertop models, wall-mounted models and floor models mounted
11   on a stand, pedestal or cabinet-style base.
12      "Compensation."    Money or any other source of value,
13   regardless of form, received or to be received by a person for
14   services rendered.
15      "Cook and cold unit."     A water cooler that emits both cold
16   and room-temperature water.
17      "Decorative gas fireplace."     A vented fireplace, including an
18   appliance that is freestanding, recessed, zero clearance, log
19   set or a gas fireplace insert, that is fueled by natural gas or
20   propane, is marked for decorative use only and is not equipped
21   with a thermostat or intended for use as a heater.
22      "Department."     The Department of Environmental Protection of
23   the Commonwealth.
24      "Dual-flush water closet."    A water closet incorporating a
25   feature that allows the user to flush the water closet with
26   either a reduced or full volume of water.
27      "EPA."   The United States Environmental Protection Agency.
28      "Faucet."   A private lavatory faucet, residential kitchen
29   faucet, metering faucet, public lavatory faucet or replacement
30   accessories for a public lavatory faucet or a metering faucet.

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 1      "Gas fireplace."     A decorative gas fireplace or heating gas
 2   fireplace.
 3      "Handheld showerhead."     A showerhead that can be held or
 4   fixed in place for the purpose of spraying water onto a bather
 5   and that is connected to a flexible hose.
 6      "Heating 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   and which is not a decorative fireplace.
10      "High color rendering index fluorescent lamp" or "high CRI
11   fluorescent lamp."     A fluorescent lamp with a color rendering
12   index of 87 or greater that is not a compact fluorescent lamp.
13      "Hot and cold unit."     A water cooler that emits both hot and
14   cold water. The term includes a cooler that emits room-
15   temperature water.
16      "Impact-resistant fluorescent lamp."     A fluorescent lamp that
17   is not a compact fluorescent lamp that:
18          (1)   has a coating or equivalent technology that is
19      compliant with NSF/ANSI 51 and is designed to contain the
20      glass if the glass envelope of the lamp is broken; and
21          (2)   is designated and marketed for the intended
22      application with:
23                (i)    the designation on the lamp packaging; and
24                (ii)    marketing materials that identify the lamp as
25          being impact resistant, shatter resistant, shatter proof
26          or shatter protected.
27      "Metering faucet."     A self-closing faucet that dispenses a
28   specific volume of water for each actuation cycle. For the
29   purpose of this definition, the volume or cycle duration can be
30   fixed or adjustable.

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 1      "On-demand."    A method of heating water in a water cooler as
 2   water is requested.
 3      "Plumbing fixture."   An exchangeable device that connects to
 4   a plumbing system to deliver and drain away water and waste.
 5      "Portable electric spa."    A factory-built electric spa or hot
 6   tub that is supplied with equipment for heating and circulating
 7   water at the time of sale or sold separately for subsequent
 8   attachment.
 9      "Pressure regulator."    A device that maintains constant
10   operating pressure immediately downstream from the device, given
11   higher pressure upstream.
12      "Public lavatory faucet."    A fitting intended to be installed
13   in nonresidential bathrooms that are exposed to walk-in traffic.
14      "Replacement accessory."    A component sold as a replacement,
15   separate from a faucet to which the component is meant to be
16   attached.
17      "Replacement aerator."    An aerator sold as a replacement,
18   separate from the faucet to which the aerator is intended to be
19   attached.
20      "Residential ventilating fan."      A ceiling-mounted or wall-
21   mounted fan or remotely mounted in-line fan designed to be used
22   in a bathroom or utility room, whose purpose is to move air from
23   inside the building to the outdoors.
24      "Showerhead."   A component or set of components distributed
25   in commerce for attachment to a single supply fitting for
26   spraying water onto a bather, typically from an overhead
27   position. The term does not include a safety showerhead. The
28   term includes a handheld showerhead that can be held or fixed in
29   place for the purpose of spraying water onto a bather from a
30   flexible hose.

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 1      "Spray sprinkler body."    The exterior case or shell of a
 2   sprinkler incorporating a means of connection to the piping
 3   system designed to convey water to a nozzle or orifice.
 4      "Storage type."   The storage of thermally conditioned water
 5   in a reservoir in the water cooler that is available
 6   instantaneously. The term includes point-of-use, dry storage
 7   compartment and bottled water coolers.
 8      "Trough-type urinal."     A urinal designed for simultaneous use
 9   by two or more individuals.
10      "Urinal."   A plumbing fixture that receives only liquid body
11   waste and conveys the waste through a trap into a drainage
12   system.
13      "Water closet."   A plumbing fixture having a water-containing
14   receptor that receives liquid and solid body waste through an
15   exposed integral trap into a drainage system. The term includes
16   a dual-flush water closet.
17      "Water cooler."   A freestanding device that consumes energy
18   to cool or heat potable water.
19      "WaterSense."   A partnership program by the United States
20   Environmental Protection Agency and independent, third-party
21   licensed certifying bodies that certify products for EPA
22   criteria for water efficiency and performance by following
23   testing and certification protocols specific to each product
24   category and bear the WaterSense label under 42 U.S.C. § 6294
25   (relating to labeling).
26   Section 4.   Standards.
27      (a)    Regulations.--Not later than one year after the
28   effective date of this subsection, the board shall promulgate
29   regulations, in accordance with the provisions of section 502 of
30   the act of June 28, 1995 (P.L.89, No.18), known as the

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 1   Conservation and Natural Resources Act, establishing minimum
 2   efficiency standards for the types of new products listed in
 3   section 2.
 4      (b)   Minimum standards.--The regulations shall provide for
 5   the following minimum efficiency standards:
 6            (1)   Commercial dishwashers included in the scope of
 7      version 3.0 of the EPA's "Energy Star Program Requirements
 8      Product Specification for Commercial Dishwashers" shall meet
 9      the qualification criteria of that specification.
10            (2)   Commercial fryers included in the scope of version
11      2.0 of the EPA's "Energy Star Program Requirements Product
12      Specification for Commercial Fryers" shall meet the
13      qualification criteria of that specification.
14            (3)   Commercial hot-food holding cabinets shall meet the
15      qualification criteria of version 2.0 of the EPA's "Energy
16      Star Program Requirements Product Specification for
17      Commercial Hot Food Holding Cabinets."
18            (4)   Commercial ovens included in the scope of version
19      3.0 of the EPA's "Energy Star Program Requirements Product
20      Specification for Commercial Ovens" shall meet the
21      qualification criteria of that specification.
22            (5)   Commercial steam cookers shall meet the requirements
23      of version 1.2 of the EPA's "Energy Star Program Requirements
24      Product Specification for Commercial Steam Cookers."
25            (6)   Faucets, except for metering faucets, shall meet the
26      following standards when tested in accordance with 10 CFR Pt.
27      430 Appendix S to Subpt. B (relating to uniform test method
28      for measuring the water consumption of faucets and
29      showerheads):
30                  (i)   Private lavatory faucets and lavatory faucet

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 1        replacement accessories included in the scope of the
 2        WaterSense specification for lavatory faucets, version
 3        1.0, shall meet a maximum flow rate of 1.5 gallons per
 4        minute and meet the performance criteria and other
 5        certification criteria of that specification.
 6              (ii)    Residential kitchen faucets and replacement
 7        aerators shall not exceed a maximum flow rate of 1.8
 8        gallons per minute at 60 pounds per square inch, with
 9        optional temporary flow of 2.2 gallons per minute,
10        provided that the faucets and aerators default to a
11        maximum flow rate of 1.8 gallons per minute at 60 pounds
12        per square inch after each use.
13              (iii)    Public lavatory faucets and replacement
14        aerators may not exceed a maximum flow rate of 0.5
15        gallons per minute at 60 pounds per square inch.
16              (iv)    Metering faucets shall not exceed a volumetric
17        measure of water of 0.20 gallons per activation cycle and
18        shall have no maximum flow rate, specified in gallons per
19        minute, when tested in accordance with Clause 5.4.2.3.1 B
20        of American Society of Mechanical Engineers A112.18.1/CSA
21        B125.1.
22        (7)   Gas fireplaces shall comply with the following
23    requirements:
24              (i)    Gas fireplaces shall be capable of automatically
25        extinguishing a pilot flame when the main gas burner
26        flame is extinguished.
27              (ii)    Gas fireplaces shall prevent an ignition source
28        for the main gas burner flame from operating continuously
29        for more than seven days from last use of the main gas
30        burner.

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 1               (iii)   Heating gas fireplaces shall have a fireplace
 2        efficiency equal to or greater than 50% when tested in
 3        accordance with CSA P.4.1:15, "Testing Method For
 4        Measuring Fireplace Efficiency," as amended or revised.
 5        (8)    High CRI fluorescent lamps, cold-temperature
 6    fluorescent lamps and impact-resistant fluorescent lamps
 7    shall meet the minimum efficiency requirements contained in
 8    10 CFR 430.32(n)(4) (relating to energy and water
 9    conservation standards and their compliance dates) in effect
10    on January 1, 2023, as measured in accordance with 10 CFR Pt.
11    430 Appendix R to Subpt. B (relating to uniform test method
12    for measuring electrical and photometric characteristics of
13    general service fluorescent lamps, incandescent reflector
14    lamps, and general service incandescent lamps) in effect on
15    January 1, 2023.
16        (9)    Portable electric spas shall meet the requirements
17    contained in ANSI/APSP/ICC-14-2019, the American National
18    Standard for Portable Electric Spa Energy Efficiency.
19        (10)    In-line residential ventilating fans shall have a
20    fan motor efficacy of no less than 2.8 cubic feet per minute
21    per watt. All other residential ventilating fans shall have a
22    fan motor efficacy of no less than 1.4 cubic feet per minute
23    per watt for airflows less than 90 cubic feet per minute and
24    no less than 2.8 cubic feet per minute per watt for other
25    airflows when tested in accordance with Home Ventilating
26    Institute Publication 916 "HVI Airflow Test Procedure."
27        (11)    Showerheads may not exceed a maximum flow rate of
28    1.8 gallons per minute at 80 pounds per square inch when
29    tested in accordance with 10 CFR Pt. 430 Appendix S to Subpt.
30    B in effect on January 1, 2023.

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 1        (12)    Spray sprinkler bodies that are not specifically
 2    excluded from the scope of version 1.0 of the EPA's
 3    "WaterSense Specification for Spray Sprinkler Bodies" shall
 4    include an integral pressure regulator and shall meet the
 5    water efficiency and performance criteria and other
 6    requirements of that specification.
 7        (13)    Urinals, other than trough-type urinals and those
 8    designed and marketed exclusively for use at prisons or
 9    mental health facilities, that are included within the scope
10    of the WaterSense specification for flushing urinals, version
11    1.0, shall meet a maximum flush volume of 0.5 gallons per
12    flush and meet the performance criteria and other
13    certification criteria of that specification.
14        (14)    Water closets, other than those designed and
15    marketed exclusively for use at prisons or mental health
16    facilities, that are included within the scope of the
17    WaterSense specification for tank-type toilets, version 2.0
18    or the WaterSense specification for flushometer valve toilets
19    version 1.0, shall meet a maximum flush volume of 1.28
20    gallons per flush and meet the performance criteria and other
21    certification criteria of their respective specification.
22        (15)    Water coolers included in the scope of the EPA's
23    version 2.0 "Energy Star Program Requirements Product
24    Specification for Water Coolers" shall have an on mode with
25    no water draw and energy consumption less than or equal to
26    the following values as measured in accordance with the test
27    requirements of that program:
28               (i)    0.16 kilowatt-hours per day for cold-only units
29        and cook and cold units;
30               (ii)   0.87 kilowatt-hours per day for storage type

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 1            hot and cold units; and
 2                (iii)   0.18 kilowatt-hours per day for on-demand hot
 3            and cold units.
 4   Section 5.   Implementation.
 5      (a)   Requirement of efficiency.--Except as provided in
 6   subsection (b), on or after July 1, 2027, no new product listed
 7   under section 2(c) may be sold or offered for sale, lease or
 8   rent in this Commonwealth, unless the efficiency of the new
 9   product meets or exceeds the efficiency standards provided in
10   section 4.
11      (b)   Restriction on installation.--One year after the date on
12   which the sale or offering for sale of certain products becomes
13   subject to the requirements of subsection (a), no product listed
14   in section 2 may be installed for compensation in this
15   Commonwealth unless the efficiency of the new product meets or
16   exceeds the efficiency standards provided in section 4.
17   Section 6.   Revised standards and regulations.
18      The board shall promulgate regulations as it deems necessary
19   to administer and enforce this act and to establish increased
20   efficiency standards for the products listed in section 2. In
21   considering the revised standards, the board shall set
22   efficiency standards on a determination that increased
23   efficiency standards would serve to promote energy or water
24   conservation in this Commonwealth and would be cost effective
25   for consumers who purchase and use the products, provided that
26   no increased efficiency standards shall become effective within
27   one year following the adoption of any amended regulations
28   establishing increased efficiency standards.
29   Section 7.   Testing, certification, labeling and enforcement.
30      (a)   Product testing.--The manufacturer of a product listed

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 1   in section 2 shall test samples of products in accordance with
 2   the test procedures adopted under this act. The department may
 3   adopt updated test methods when new versions of test procedures
 4   become available.
 5      (b)   Compliance.--Manufacturers of new products listed in
 6   section 2 shall certify to the department, or to an approved
 7   third-party database as determined by the department, that the
 8   products are in compliance with the provisions of this act.
 9   Potential third-party databases include, but are not limited to,
10   the modernized appliance efficiency database system, the State
11   appliance standards database and the certified products
12   directory. The certifications shall be based on test results
13   under subsection (a). The board shall promulgate regulations
14   governing the certification of the products and shall coordinate
15   with the certification programs of other Federal and state
16   agencies with similar standards.
17      (c)   Compliance mark, label or tag on product.--Manufacturers
18   of new products listed in section 2 shall identify each product
19   offered for sale or installation in this Commonwealth as in
20   compliance with the provisions of this act by means of a mark,
21   label or tag on the product or packaging at the time of sale or
22   installation. The board shall promulgate regulations governing
23   the identification of the products or packaging which shall be
24   coordinated to the greatest practical extent with the labeling
25   programs of other Federal and state agencies with equivalent
26   efficiency standards or specifications, including the Energy
27   Star Program and WaterSense. The department shall allow the use
28   of existing marks, labels or tags which connote compliance with
29   the efficiency requirements of this act.
30      (d)   Department testing permitted.--The department may test

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 1   products listed in section 2. If tested products are found not
 2   to be in compliance with the minimum efficiency standards
 3   established under section 4, the department shall:
 4            (1)   charge the manufacturer of the product for the cost
 5      of product purchase and testing; and
 6            (2)   make information available to the Attorney General
 7      and the public on products found not to be in compliance with
 8      the standards.
 9      (e)   Periodic inspections.--The department may cause periodic
10   inspections to be made of distributors or retailers of new
11   products listed in section 2 in order to determine compliance
12   with the provisions of this act.
13      (f)   Complaint process.--The department shall investigate
14   complaints received concerning violations of this act and shall
15   report the results of the investigations to the Attorney
16   General. The Attorney General may institute proceedings to
17   enforce the provisions of this act. A manufacturer, distributor
18   or retailer, or a person who installs a product listed in
19   section 2 for compensation, who violates any provision of this
20   act shall be issued a warning by the department for any first
21   violation. A manufacturer, distributor or retailer, or a person
22   who violates the provisions of this act after the issuance of a
23   warning by the department for a first violation, shall be
24   subject to a civil penalty of up to $100 for each offense.
25   Repeat violations shall be subject to a civil penalty of not
26   more than $500 for each offense. Each violation shall constitute
27   a separate offense and each day the violation continues shall
28   constitute a separate offense. Penalties assessed under this
29   subsection are in addition to costs assessed under subsection
30   (d).

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1   Section 8.    Abrogation of regulations.
2      All regulations and parts of regulations are abrogated to the
3   extent of any inconsistency with the provisions of this act.
4   Section 9.    Repeal.
5      All acts and parts of acts are repealed insofar as they are
6   inconsistent with the provisions of this act.
7   Section 10.    Effective date.
8      This act shall take effect in 60 days.




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