HB4455 94TH GENERAL ASSEMBLY

LRB094 17234 RSP 52523 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4455

Introduced 01/10/06, by Rep. Kathleen A. Ryg

SYNOPSIS AS INTRODUCED:

New Act

Creates the Minimum Energy Efficiency Standards Act. Provides minimum efficiency standards for certain new products sold or installed in this State including: (1) medium voltage dry-type distribution transformers; (2) metal halide lamp fixtures; (3) furnaces and boilers; (4) single-voltage external AC to DC power supplies; and (5) State-regulated incandescent reflector lamps. Authorizes the Environmental Protection Agency to designate minimum standards for additional new products to promote energy conservation when cost effective for consumers. Authorizes the Pollution Control Board, by rule, to change the initial minimum efficiency standards. Authorizes the Pollution Control Board, by rule, to change the initial minimum efficiency standards. Sets forth that beginning January 1, 2008, no new medium voltage dry-type distribution transformer, single-voltage external AC to DC power supply, or State-regulated incandescent reflector lamps may be sold or offered for sale in this State unless the efficiency of the new product meets or exceeds the applicable minimum efficiency standards. Provides that beginning January 1, 2009, no new metal halide lamp fixture may be sold or offered for sale in this State unless the efficiency of the new product meets or exceeds the applicable minimum efficiency standards. Requires the Agency, in consultation with the Attorney General, to determine if implementation of State standards for furnaces and boilers requires a waiver from federal preemption. Provides that if a waiver from federal preemption is necessary, the State standard shall go into effect at the earliest date permitted by federal law. Sets forth that if a waiver from federal preemption is not needed for the State then the State standards shall go into effect on June 1, 2008. Requires manufacturers to test their products and certify the results to the Illinois Environmental Protection Agency. Adds other provisions. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning energy efficiency.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Illinois Appliance Efficiency Standards Act.

Section 5. Purpose and findings.

(a) This Act provides for the establishment of minimum efficiency standards for certain products sold or installed in this State.

(b) The legislature finds that:

(1) Efficiency standards for certain products sold or installed in this State assure consumers and businesses that the products meet minimum efficiency performance levels, thus saving money on heating or electric bills.

(2) Such efficiency standards save energy and thus reduce pollution and other environmental impacts associated with the production, distribution, and use of electricity and natural gas.

(3) Such efficiency standards can make electricity systems more reliable by reducing the strain on the electricity grid during peak demand periods.

(4) Energy efficiency standards contribute to the economy of this State by enabling consumers and business owners to spend less on energy, leaving more for the purchase of local goods and services.

Section 10. Definitions. As used in this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Board" means the Illinois Pollution Control Board.

"Ballast" means a device used with an electric discharge lamp to obtain necessary circuit conditions (voltage, current and waveform) for starting and operating the lamp.

"Boiler" means a self-contained appliance for supplying steam or hot water primarily intended for space-heating and which utilizes only single-phase electric current, or single-phase electric current or DC current in conjunction with natural gas, propane, or home heating oil, and which:

(1) is designed to be the principal heating source for the living space of one or more residences;

(2) has a heat input rate of less than 300,000 Btu per hour; and

(3) is not an appliance designed for the primary purpose of supplying hot water for purposes other than heating.

"Compensation" means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.

"Electricity ratio" means the ratio of furnace electricity use to total furnace energy use. Electricity ratio = (3.412*E_AE)/(1000*E_F + 3.412*E_AE) where E_AE and E_F are defined in Title 10 of the Code of Federal Regulations.

"Furnace" means a self-contained space heater designed to supply heated air through ducts of more than 10 inches length and which utilizes only single-phase electric current, or single-phase electric current or DC current in conjunction with natural gas, propane, or home heating oil, and which:

(1) is designed to be the principle heating source for the living space of one or more residences;

(2) is not contained within the same cabinet with a central air conditioner whose rated cooling capacity is above 65,000 Btu per hour; and

(3) has a heat input rate of less than 225,000 Btu per hour.

"High-intensity discharge lamp" means a lamp in which light is produced by the passage of an electric current through a vapor or gas and in which the light-producing arc is stabilized by bulb wall temperature and the arc tube has a bulb wall loading in excess of 3 watts per square centimeter.

"Medium voltage dry-type distribution transformer" means a transformer that:

(1) has an input voltage of more than 600 volts but less than or equal to 34,500 volts;

(2) is air-cooled;

(3) does not use oil as a coolant; and

(4) is rated for operation at a frequency of 60 Hertz.

"Metal halide lamp" means a high-intensity discharge lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors.

"Metal halide lamp fixture" means a light fixture designed to be operated with a metal halide lamp and a ballast for a metal halide lamp.

"Probe-start metal halide ballast" means a ballast used to operate metal halide lamps which does not contain an igniter and which instead starts lamps by using a third starting electrode probe in the arc tube.

"Single-voltage external AC to DC power supply" means a device that:

(1) is designed to convert line voltage AC input into lower voltage DC output;

(2) is able to convert to only one DC output voltage at a time;

(3) is sold with, or intended to be used with, a separate end-use product that constitutes the primary power load;

(4) is contained within a separate physical enclosure from the end-use product;

(5) is connected to the end-use product via a removable or hard-wired male/female electrical connection, cable, cord or other wiring;

(6) does not have batteries or battery packs, including those that are removable, that physically attach directly to the power supply unit;

(7) does not have a battery chemistry or type selector switch and indicator light, or does not have a battery chemistry or type selector switch and a state of charge meter; and

(8) has a nameplate output power less than or equal to 250 watts.

"State-regulated incandescent reflector lamp" means a lamp, not colored or designed for rough or vibration service applications, with an inner reflective coating on the outer bulb to direct the light, an E26 medium screw base, a rated voltage or voltage range that lies at least partially within 115 to 130 volts and that falls into either of the following categories: a bulged reflector, elliptical reflector, blown parabolic aluminized reflector or similar bulb shape with a diameter equal to or greater than 2.25 inches; or a reflector, parabolic aluminized reflector, bulged reflector or similar bulb shape with a diameter of 2.25 to 2.75 inches, inclusive.

"Transformer" means a device consisting of 2 or more coils of insulated wire and that is designed to transfer alternating current by electromagnetic induction from one coil to another to change the original voltage or current value. This term does not include: (1) devices with multiple voltage taps, with the highest voltage tap equaling at least 20% more than the lowest voltage tap; or (2) devices, such as those commonly known as drive transformers, rectifier transformers, auto-transformers, uninterruptible power system transformers, impedance transformers, regulating transformers, sealed and non-ventilating transformers, machine tool transformers, welding transformers, grounding transformers, or testing transformers, that are designed to be used in a special-purpose application and are unlikely to be used in general-purpose applications.

Section 15. Scope.

(a) The provisions of this Act apply to the testing, certification, and enforcement of efficiency standards for the following types of new products sold, offered for sale, or installed in this State:

(1) medium voltage dry-type distribution transformers;

(2) metal halide lamp fixtures;

(3) furnaces and boilers;

(4) single-voltage external AC to DC power supplies;

(5) State-regulated incandescent reflector lamps; and

(6) such other products as may be designated by the Agency in accordance with Section 30.

(b) The provisions of this Act do not apply to:

(1) new products manufactured in this State and sold outside this State;

(2) new products manufactured outside this State and sold at wholesale inside this State for final retail sale and installation outside this State;

(3) products installed in mobile manufactured homes at the time of construction; or

(4) products designed expressly for installation and use in recreational vehicles.

Section 20. Efficiency standards. The initial minimum efficiency standards for the types of new products set forth in Section 15 are as follows:

(1) Medium voltage dry-type distribution transformers shall meet minimum efficiency levels three-tenths of a percentage point higher than the Class 1 efficiency levels for medium voltage distribution transformers specified in Table 4-2 of the "Guide for Determining Energy Efficiency for Distribution Transformers" published by the National Electrical Manufacturers Association (NEMA Standard TP-1-2002).

(2) Metal halide lamp fixtures designed to be operated with lamps rated greater than or equal to 150 watts but less than or equal to 500 watts shall not contain a probe-start metal halide ballast.

(3) Furnaces and boilers shall meet or exceed the applicable Annual Fuel Utilization Efficiency (AFUE) levels in the following table:

Residential furnace air handlers shall have an ER of 2% or less, except that residential oil furnaces with a capacity of less than 94,000 Btu per hour shall have an ER of 2.3% or less.

(4) Single-voltage external AC to DC power supplies shall meet the tier 1 energy efficiency requirements of California Code of Regulations, Title 20, Section 1605.3 as published in April 2005. This standard applies to single-voltage AC to DC power supplies that are sold individually and to those that are sold as a component of or in conjunction with another product.

(5) State-regulated incandescent reflector lamps shall meet the minimum average lamp efficiency requirements for federally-regulated incandescent reflector lamps contained in 42 U.S.C. section 6295 (i)(1)(A). The following lamps are exempt from these requirements: ER30, BR30, BR40, and ER40 of 50 watts or less; BR30, BR40, and ER40 of 65 watts; and R20 of 45 watts or less.

The initial minimum efficiency standards provided in this Section are subject to change by Board rule in accordance with Section 30.

Section 25. Implementation.

(a) On and after January 1, 2008, no new medium voltage dry-type distribution transformer, single-voltage external AC to DC power supply, or State-regulated incandescent reflector lamp may be sold or offered for sale in the State unless the efficiency of the new product meets or exceeds the efficiency standards set forth in Section 20.

On and after January 1, 2009, no new metal halide lamp fixture may be sold or offered for sale in the State unless the efficiency of the product meets or exceeds the efficiency standards set forth in Section 20.

In consultation with the Attorney General, the Agency shall determine if implementation of State standards for furnaces and boilers requires a waiver from federal preemption, and, if necessary, shall apply for such waiver within 18 months of the effective date of this Act. If the Agency determines that a waiver from federal preemption is necessary for State furnace and boiler standards, the State standards shall go into effect at the earliest date permitted by federal law. If the Agency determines that a waiver from federal preemption is not needed for State furnace and boiler standards, then the State standards shall go into effect on June 1, 2008.

(b) One year after the date upon which sale or offering for sale of certain products is limited pursuant to subsection (a), no new products may be installed for compensation in the State unless the efficiency of the new product meets or exceeds the efficiency standards set forth in Section 20.

Section 30. New and revised standards; waiver.

(a) The Agency, after consultation with the Department of Commerce and Economic Opportunity, may propose to the Board (i) increased efficiency standards to replace any of the standards listed in Section 20, and (ii) new minimum efficiency standards for new products not specifically listed in Section 15. In proposing any new or increased efficiency standards, the Agency shall base that proposal upon a determination that the new or increased efficiency standards would serve to promote energy conservation in this State and would be cost effective for consumers who purchase and use the affected new products.

(b) The Board shall consider any new or increased efficiency standards proposed by the Agency, and shall adopt by rule those standards that it finds to be appropriate. In adopting any new or increased efficiency standard, the Board shall consider whether the new or increased efficiency standard would serve to promote energy conservation in this State and would be cost effective for consumers who purchase and use the affected new products. New or increased efficiency standards shall take effect no sooner than one year following the adoption of the rule providing for such new or increased efficiency standards.

(c) The Director may apply for a waiver of federal preemption in accordance with federal procedures for those products regulated by the federal government.

Section 35. Testing, certification, labeling, and enforcement.

(a) The manufacturers of new products subject to this Act shall cause samples of such products to be tested in accordance with the appropriate test procedures. With respect to efficiency standards adopted by reference under Section 20, the appropriate test methods shall be those specified in the adopted standards. Board rules providing for new or increased minimum efficiency standards shall specify the appropriate test methods, which shall be test methods approved by the U.S. Department of Energy or, in the absence of such test methods, other appropriate nationally recognized test methods.

(b) Manufacturers of new products subject to this Act shall certify to the Agency that such products are in compliance with the provisions of this Act. The Agency may adopt procedures and requirements governing the certification of such products and may work in coordination with the certification programs of other states. With respect to a product for which the Illinois efficiency standards and labeling requirements are the same as those of the federal government or another state, the Agency may accept as sufficient for compliance with this subsection the manufacturer's certification to the federal government or that other state, whichever is applicable, that the product complies with those standards and requirements.

(c) Manufacturers of new products subject to this Act shall identify each such product offered for sale or installation in this State as in compliance with the provisions of this Act by means of a mark, label, or tag on the product and packaging at the time of sale or installation. The Agency shall propose and the Board shall adopt rules governing the identification of such products and packaging and may work in coordination with the labeling programs of other states.

(d) The Director may cause investigations to be made of complaints received concerning violations of this Act and may report the results of such investigations to the Attorney General. The Attorney General may institute proceedings to enforce the provisions of this Act.

(e) A manufacturer, distributor, retailer, or installer who violates any provision of this Act shall be issued a warning by the Director for the first violation. Repeat violations shall be subject to a civil penalty of not more than $250. Each violation shall constitute a separate offense, and each day that a violation continues shall constitute a separate offense. Penalties assessed under this subsection are in addition to costs assessed under subsection (d).

(f) The Agency may propose and the Board may adopt any rules that are necessary to ensure the proper implementation and enforcement of this Act.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.