102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2555

 

Introduced 2/19/2021, by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Minimum Energy and Water Efficiency Standards Act. Provides that the Environmental Protection Agency shall adopt rules establishing minimum efficiency standards for types of new products. Requires the rules to provide for specified minimum efficiency standards. Provides specified dates for the implementation of efficiency standards relating to particular products. Provides that the Agency may adopt new rules increasing efficiency standards. Provides protection against repeal of federal standards. Provides penalties for noncompliance with the Act. Provides that the Act's provisions are severable.Effective immediately.


LRB102 12967 CPF 18310 b

 

 

A BILL FOR

 

HB2555LRB102 12967 CPF 18310 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Minimum Energy and Water Efficiency Standards Act.
 
6    Section 5. Findings. The General Assembly finds that:
7        (1) Efficiency standards for certain products sold or
8    installed in the State assure consumers and businesses
9    that such products meet minimum efficiency performance
10    levels, thus reducing energy and water waste and saving
11    consumers and businesses money on utility bills.
12        (2) Efficiency standards contribute to the economy of
13    this State by helping to better balance supply and demand
14    for both energy and water, thus reducing pressure that
15    creates higher natural gas, electricity, and water prices.
16    By saving consumers and businesses money on utility bills,
17    efficiency standards help the State and local economy,
18    since utility bill savings can be spent on local goods and
19    services.
20        (3) Such efficiency standards save energy and thus
21    reduce pollution and other environmental impacts
22    associated with the production, distribution, and use of
23    electricity, natural gas, and other fuels.

 

 

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1        (4) Such water efficiency standards save water and
2    thus reduce the strain on the water supply. Furthermore,
3    improved water efficiency can reduce or delay the need for
4    water and sewer infrastructure improvements.
5        (5) Such efficiency standards can make electricity and
6    natural gas systems more reliable by reducing the strain
7    on systems during peak demand periods. Furthermore,
8    improved efficiency can reduce or delay the need for new
9    power plants, power transmission lines, and power
10    distribution system upgrades as well as new and expanded
11    gas pipelines.
 
12    Section 10. Definitions. In this Act:
13    "Agency" means the Illinois Environmental Protection
14Agency.
15    "Air purifier", also known as "room air cleaner", means an
16electric, cord-connected, portable appliance with the primary
17function of removing particulate matter from the air and which
18can be moved from room to room.
19    "Cold only unit" means a water cooler that dispenses cold
20water only.
21    "Cold temperature fluorescent lamp" means a fluorescent
22lamp that is not a compact fluorescent lamp that is: (1)
23specifically designed to start at -20°F when used with a
24ballast conforming to the requirements of ANSI C78.81 and ANSI
25C78.901; and (2) expressly designated as a cold temperature

 

 

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1lamp both in markings on the lamp and in marketing materials,
2including catalogs, sales literature, and promotional
3materials.
4    "Commercial dishwasher" means a machine designed to clean
5and sanitize plates, pots, pans, glasses, cups, bowls,
6utensils, and trays by applying sprays of detergent solution
7(with or without blasting media granules) and a sanitizing
8rinse.
9    "Commercial fryer" means an appliance, including a cooking
10vessel, in which oil is placed to such a depth that the cooking
11food is essentially supported by displacement of the cooking
12fluid rather than by the bottom of the vessel. Heat is
13delivered to the cooking fluid by means of an immersed
14electric element of band-wrapped vessel (electric fryers) or
15by heat transfer from gas burners through either the walls of
16the fryer or through tubes passing through the cooking fluid
17(gas fryers).
18    "Commercial hot-food holding cabinet" means a heated,
19fully enclosed compartment with one or more solid or
20transparent doors designed to maintain the temperature of hot
21food that has been cooked using a separate appliance.
22"Commercial hot-food holding cabinet" does not include heated
23glass merchandizing cabinets, drawer warmers, or cook-and-hold
24appliances.
25    "Commercial oven" means a chamber designed for heating,
26roasting, or baking food by conduction, convection, radiation,

 

 

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1or electromagnetic energy.
2    "Commercial steam cooker," also known as "compartment
3steamer," means a device with one or more food-steaming
4compartments in which the energy in the steam is transferred
5to the food by direct contact. Models may include countertop
6models, wall-mounted models, and floor models mounted on a
7stand, pedestal, or cabinet-style base.
8    "Compensation" means money or any other valuable thing,
9regardless of form, received or to be received by a person for
10services rendered.
11    "Cook and cold unit" means a water cooler that dispenses
12both cold and room temperature water.
13    "Decorative gas fireplace" means a vented fireplace,
14including appliances that are freestanding, recessed, zero
15clearance, or gas fireplace inserts, that is fueled by natural
16gas or propane, marked for decorative use only, and not
17equipped with a thermostat or intended for use as a heater.
18    "Dual-flush effective flush volume" means the average
19flush volume of 2 reduced flushes and one full flush.
20    "Dual-flush water closet" means a water closet
21incorporating a feature that allows the user to flush the
22water closet with either a reduced or a full volume of water.
23    "Electric vehicle supply equipment" means conductors,
24including, but not limited to, ungrounded, grounded, and
25equipment grounding conductors, electric vehicle connectors,
26attachment plugs, and all other fittings, devices, power

 

 

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1outlets, or apparatuses installed specifically for the purpose
2of delivering energy from the premises wiring to an electric
3vehicle. "Electric vehicle supply equipment" includes charging
4cords with NEMA 5-15P and NEMA 5-20P attachment plugs.
5"Electric vehicle supply equipment" does not include
6conductors, connectors, and fittings that are part of an
7electric vehicle.
8    "Faucet" means a private lavatory faucet, residential
9kitchen faucet, metering faucet, public lavatory faucet, or
10replacement aerator for a private lavatory, public lavatory,
11or residential kitchen faucet.
12    "Gas fireplace" means a decorative gas fireplace or a
13heating gas fireplace.
14    "Handheld shower head" means a shower head that can be
15held or fixed in place for the purpose of spraying water onto a
16bather and that is connected to a flexible hose.
17    "Heating gas fireplace" means a vented fireplace,
18including appliances that are freestanding, recessed, zero
19clearance, or gas fireplace inserts, that is fueled by natural
20gas or propane and is not a decorative fireplace.
21    "High color rendering index fluorescent lamp" or "high CRI
22fluorescent lamp" means a fluorescent lamp with a color
23rendering index of 87 or greater that is not a compact
24fluorescent lamp.
25    "Hot and cold unit" means a water cooler that dispenses
26hot, cold, or room temperature water.

 

 

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1    "Impact-resistant fluorescent lamp" means a fluorescent
2lamp that is not a compact fluorescent lamp that:
3        (1) has a coating or equivalent technology that is
4    compliant with NSF/ANSI 51 and is designed to contain
5    glass if the glass envelope of the lamp is broken; and
6        (2) is designated and marketed for the intended
7    application, with:
8            (A) the designation on the lamp packaging; and
9            (B) marketing materials that identify the lamp as
10        being impact-resistant, shatter-resistant,
11        shatterproof, or shatter-protected.
12    "Metering faucet" means a faucet with a fitting that, when
13turned on, will gradually shut itself off over a period of
14several seconds.
15    "On demand water cooler" means a water cooler that heats
16water as it is requested, typically taking a few minutes to
17deliver.
18    "Plumbing fixture" means an exchangeable device that
19connects to a plumbing system to deliver and drain away water
20and waste.
21    "Portable electric spa" means a factory-built electric spa
22or hot tub which may or may not include any combination of
23integral controls, water heating, or water circulating
24equipment.
25    "Pressure regulator" means a device that maintains
26constant operating pressure immediately downstream from the

 

 

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1device, given higher pressure upstream.
2    "Public lavatory faucet" means a faucet with a fitting
3designed to be installed in nonresidential bathrooms that are
4exposed to walk-in traffic.
5    "Replacement aerator" means an aerator sold as a
6replacement, separate from the faucet to which it is intended
7to be attached.
8    "Residential ventilating fan" means a ceiling-mounted fan,
9wall-mounted fan, or remotely mounted in-line fan designed to
10be used in a bathroom or utility room for the purpose of moving
11air from inside the building to the outdoors.
12    "Shower head" means?a device through which water is
13discharged for a shower bath. "Shower head" includes a
14handheld shower head. "Shower head" does not include a safety
15shower shower head.
16    "Spray sprinkler body" means the exterior case or shell of
17a sprinkler incorporating a means of connection to the piping
18system designed to convey water to a nozzle or orifice.
19    "State-regulated general service lamp" means any of the
20following medium-based incandescent light bulbs:
21        (1) Reflector lamps that are:
22            (A) ER30, BR30, BR40, or ER40 lamps rated at 50
23        Watts or less;
24            (B) BR30, BR40, or ER40 lamps rated at 65 watts; or
25            (C) R20 lamps rated at 45 watts or less.
26        (2) B, BA, CA, F, and G shape lamps, as defined in ANSI

 

 

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1    C79.1:2002 with a lumen output of greater than or equal to
2    200 and rated at 40 watts or less.
3        (3) A and C shape lamps, as defined in ANSI C79.1:2002
4    with lumen output greater than or equal to 200 and less
5    than 310.
6        (4) Shatter-resistant lamps.
7        (5) 3-way lamps.
8    "Storage-type water cooler" means a water cooler in which
9thermally conditioned water is stored in a tank in the water
10cooler and is available instantaneously. "Storage-type water
11cooler" includes point-of-use, dry storage compartment, and
12bottled water coolers.
13    "Trough-type urinal" means a urinal designed for
14simultaneous use by 2 or more persons.
15    "Urinal" means a plumbing fixture that receives only
16liquid body waste and conveys the waste through a trap into a
17drainage system.
18    "Water closet" means a plumbing fixture having a
19water-containing receptor that receives liquid and solid body
20waste through an exposed integral trap into a drainage system.
21    "Water cooler" means a freestanding device that consumes
22energy to cool or heat potable water.
 
23    Section 15. Scope.
24    (a) The provisions of this Act apply to:
25        (1) air purifiers;

 

 

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1        (2) commercial dishwashers;
2        (3) commercial fryers;
3        (4) commercial hot-food holding cabinets;
4        (5) commercial ovens;
5        (6) commercial steam cookers;
6        (7) computers and computer monitors;
7        (8) electric vehicle supply equipment;
8        (9) faucets;
9        (10) gas fireplaces;
10        (11) high CRI, cold-temperature, and impact-resistant
11    fluorescent lamps;
12        (12) portable electric spas;
13        (13) residential ventilating fans;
14        (14) shower heads;
15        (15) spray sprinkler bodies;
16        (16) state-regulated general service lamps;
17        (17) urinals;
18        (18) water closets;
19        (19) water coolers; and
20        (20) any other products as may be designated by the
21    Agency in accordance with Section 30 or under Section 40.
22    (b) The provisions of this Act do not apply to:
23        (1) new products manufactured in the State and sold
24    outside the State;
25        (2) new products manufactured outside the State and
26    sold at wholesale inside the State for final retail sale

 

 

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1    and installation outside the State;
2        (3) products installed in mobile manufactured homes at
3    the time of construction; or
4        (4) products designed expressly for installation and
5    use in recreational vehicles.
 
6    Section 20. Standards.
7    (a) Not later than one year after the effective date of
8this Act, the Agency shall adopt rules establishing minimum
9efficiency standards for the types of new products set forth
10in Section 15.
11    (b) The rules shall provide for the following minimum
12efficiency standards:
13        (1) Air purifiers, except industrial air purifiers,
14    shall meet the following requirements as measured in
15    accordance with the ENERGY STAR Program Requirements
16    Product Specification for Room Air Cleaners, Version 2.0:
17            (A) clean air delivery rate for smoke shall be 30
18        or greater;
19            (B) for models with a clean air delivery rate for
20        smoke less than 100, clean air delivery rate per watt
21        for smoke shall be greater than or equal to 1.7;
22            (C) for models with a clean air delivery rate for
23        smoke greater than or equal to 100 and less than 150,
24        clean air delivery rate per watt for smoke shall be
25        greater than or equal to 1.9;

 

 

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1            (D) for models with a clean air delivery rate for
2        smoke greater than or equal to 150, clean air delivery
3        rate per watt for smoke shall be greater than or equal
4        to 2.0;
5            (E) for ozone-emitting models, measured ozone
6        shall be less than or equal to 50 parts per billion
7        (ppb);
8            (F) for models with a Wi-Fi network connection
9        enabled by default when shipped, partial on mode power
10        shall not exceed 2 watts; and
11            (G) For models without a Wi-Fi network connection
12        enabled by default when shipped, partial on mode power
13        shall not exceed 1 watt.
14        (2) Commercial dishwashers included in the scope of
15    the ENERGY STAR Program Requirements Product Specification
16    for Commercial Dishwashers, Version 2.0, shall meet the
17    qualification criteria of that specification.
18        (3) Commercial fryers included in the scope of the
19    ENERGY STAR Program Requirements Product Specification for
20    Commercial Fryers, Version 2.0, shall meet the
21    qualification criteria of that specification.
22        (4) Commercial hot-food holding cabinets shall meet
23    the qualification criteria of the ENERGY STAR Program
24    Requirements Product Specification for Commercial Hot Food
25    Holding Cabinets, Version 2.0.
26        (5) Commercial steam cookers shall meet the

 

 

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1    requirements of the ENERGY STAR Program Requirements
2    Product Specification for Commercial Steam Cookers,
3    Version 1.2. Commercial ovens included in the scope of the
4    ENERGY STAR Program Requirements Product Specification for
5    Commercial Ovens, Version 2.2, shall meet the
6    qualification criteria of that specification.
7        (6) Computers and computer monitors shall be
8    consistent with similar energy and water efficiency
9    standards adopted federally and in other states.
10        (7) Electric vehicle supply equipment included in the
11    scope of the ENERGY STAR Program Requirements Product
12    Specification for Electric Vehicle Supply Equipment,
13    Version 1.0 (Rev. Apr-2017), shall meet the qualification
14    criteria of that specification.
15        (8) Faucets, except for metering faucets, shall meet
16    the standards shown in this paragraph when tested in
17    accordance with Appendix S to Subpart B of Part 430 of
18    Title 10 of the Code of Federal Regulations and compliance
19    with those requirements shall be — "Uniform Test Method
20    for Measuring the Water Consumption of Faucets and
21    Showerheads"—as in effect on January 1, 2020.
22            (A) Lavatory faucets and replacement aerators
23        shall not exceed a maximum flow rate of 1.5 gallons per
24        minute at 60 pounds per square inch.
25            (B) Residential kitchen faucets and replacement
26        aerators shall not exceed a maximum flow rate of 1.8

 

 

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1        gallons per minute at 60 pounds per square inch, with
2        optional temporary flow of 2.2 gallons per minute,
3        provided they default to a maximum flow rate of 1.8
4        gallons per minute at 60 pounds per square inch after
5        each use.
6            (C) Public lavatory faucets and replacement
7        aerators shall not exceed a maximum flow rate of 0.5
8        gallons per minute at 60 pounds per square inch.
9        (9) Gas fireplaces shall comply with the following
10    requirements:
11            (A) Gas fireplaces shall be capable of
12        automatically extinguishing any pilot flame when the
13        main gas burner flame is established and when it is
14        extinguished.
15            (B) Gas fireplaces must prevent any ignition
16        source for the main gas burner flame from operating
17        continuously for more than seven days.
18            (C) Decorative gas fireplaces must have a direct
19        vent configuration, unless marked for replacement use
20        only.
21            (D) Heating gas fireplaces shall have a fireplace
22        efficiency greater than or equal to 50% when tested in
23        accordance with CSA P.4.1-15, "Testing Method for
24        Measuring Annual Fireplace Efficiency.
25        (10) High CRI, cold temperature, and impact-resistant
26    fluorescent lamps shall meet the minimum efficacy

 

 

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1    requirements contained in Section 430.32(n)(4) of Title 10
2    of the Code of Federal Regulations as in effect on January
3    1, 2020, as measured in accordance with Appendix R to
4    Subpart B of Part 430 of Title 10 of the Code of Federal
5    Regulations—"Uniform Test Method for Measuring Average
6    Lamp Efficacy, Color Rendering Index, and Correlated Color
7    Temperature of Electric Lamps"—as in effect on January 1,
8    2020.
9        (11) Portable electric spas shall meet the
10    requirements of the "American National Standard for
11    Portable Electric Spa Energy Efficiency".
12        (12) In-line residential ventilating fans shall have a
13    fan motor efficacy of no less than 2.8 cubic feet per
14    minute per watt. All other residential ventilating fans
15    shall have a fan motor efficacy of no less than 1.4 cubic
16    feet per minute per watt for airflows less than 90 cubic
17    feet per minute and no less than 2.8 cubic feet per minute
18    per watt for other airflows when tested in accordance with
19    Home Ventilation Institute Publication 916 "HVI Airflow
20    Test Procedure".
21        (13) Shower heads shall not exceed a maximum flow rate
22    of 2.0 gallons per minute at 80 pounds per square feet when
23    tested in accordance with Appendix S to Subpart B of Part
24    430 of Title 10 of the Code of Federal Regulations and
25    compliance with those requirements shall be "Uniform Test
26    Method for Measuring the Water Consumption of Faucets and

 

 

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1    Showerheads"—as in effect on January 1, 2020.
2        (14) Spray sprinkler bodies that are not specifically
3    excluded from the scope of the WaterSense Specification
4    for Spray Sprinkler Bodies, Version 1.0, shall include an
5    integral pressure regulator and shall meet the water
6    efficiency and performance criteria and other requirements
7    of that specification.
8        (15) State-regulated general service lamps shall meet
9    or exceed a lamp efficacy of 45 lumens per watt when tested
10    in accordance with the federal test procedures for general
11    service lamps, prescribed in Section 430.23(gg) of Title
12    10 of the Code of Federal Regulations as in effect on
13    January 1, 2020.
14        (16) Urinals and water closets, other than those
15    designed and marketed exclusively for use at prisons or
16    mental health facilities, shall meet the standards shown
17    in paragraphs (1) through (3) when tested in accordance
18    with Appendix T to Subpart B of Part 430 of Title 10 of the
19    Code of Federal Regulations—"Uniform Test Method for
20    Measuring the Water Consumption of Water Closets and
21    Urinals"—as in effect on January 1, 2020, and water
22    closets shall pass the waste extraction test for water
23    closets of the American Society of Mechanical Engineers
24    A112.19.2/CSA B45.1-2018.
25            (A) Wall-mounted urinals, except for trough-type
26        urinals, shall have a maximum flush volume of 0.5

 

 

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1        gallons per flush.
2            (B) Floor-mounted urinals, except for trough-type
3        urinals, shall have a maximum flush volume of 0.5
4        gallons per flush.
5            (C) Water closets, except for dual-flush tank-type
6        water closets, shall have a maximum flush volume of
7        1.28 gallons per flush.
8            (D) Dual-flush tank-type water closets shall have
9        a maximum dual flush effective flush volume of 1.28
10        gallons per flush.
11        (18) Water coolers included in the scope of the ENERGY
12    STAR Program Requirements Product Specification for Water
13    Coolers, Version 2.0, shall have on mode with no water
14    draw energy consumption less than or equal the following
15    values as measured in accordance with the test
16    requirements of that program:
17            (A) 0.16 kilowatt-hours per day for cold-only
18        units and cook and cold units;
19            (B) 0.87 kilowatt-hours per day for storage type
20        hot and cold units; and
21            (C) 0.18 kilowatt-hours per day for on demand hot
22        and cold units.
 
23    Section 25. Implementation.
24    (a) On or after January 1, 2023, no new air purifier, cold
25temperature fluorescent lamp, commercial dishwasher,

 

 

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1commercial fryer, commercial hot-food holding cabinet,
2commercial oven, commercial steam cooker, computer or computer
3monitor, electrical vehicle supply equipment, faucet, gas
4fireplace, high CRI fluorescent lamp, impact-resistant
5fluorescent lamp, portable electric spa, residential
6ventilating fan, shower head, spray sprinkler body,
7state-regulated general service lamp, urinal, water closet, or
8water cooler may be sold or offered for sale, lease, or rent in
9the State unless the new product meets the requirements of the
10standards provided in Section 20.
11    (b) No later than 6 months from the effective date of this
12Act, and as necessary thereafter, the Agency shall determine
13which general service lamps are subject to federal preemption.
14On or after January 1, 2022, no general service lamp that is
15not subject to federal preemption may be sold or offered for
16sale in the State unless the efficiency of the new product
17meets or exceeds the efficiency standards provided in Section
1820.
19    (c) One year after the date upon which the sale or offering
20for sale of certain products becomes subject to the
21requirements of subsections (a) or (b) of this Section, no
22such products may be installed for compensation in the State
23unless the efficiency of the new product meets or exceeds the
24efficiency standards provided in Section 20.
 
25    Section 30. New and revised standards. The Agency may

 

 

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1adopt rules, in accordance with the provisions of Illinois
2Administrative Procedure Act, to establish increased
3efficiency standards for the products listed or incorporated
4in Section 15. The Agency may also establish standards for
5products not specifically listed in Section 15.
 
6    Section 35. Protection against repeal of federal
7standards.
8    (a) If any of the energy or water conservation standards
9issued or approved for publication by the Office of the United
10States Secretary of Energy as of January 1, 2018, under the
11federal Energy Policy and Conservation Act, are withdrawn,
12repealed, or otherwise voided, the minimum energy or water
13efficiency level permitted for products previously subject to
14federal energy or water conservation standards shall be the
15previously applicable federal standards, and no such new
16product may be sold or offered for sale, lease or rent in the
17State unless it meets or exceeds such standards.
18    (b) This Section shall not apply to any federal energy or
19water conservation standard set aside by a court upon the
20petition of a person who will be adversely affected, as
21provided in Section 6306(b) of Title 42 of the United States
22Code.
 
23    Section 40. Testing, certification, labeling, and
24enforcement.

 

 

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1    (a) The manufacturers of products covered by this Act
2shall test samples of their products in accordance with the
3test procedures adopted under this Act. The Agency may adopt
4updated test methods when new versions of test procedures
5become available.
6    (b) Manufacturers of new products covered by Section 15 of
7this Act shall certify to the Agency that such products are in
8compliance with the provisions of this Act. Such
9certifications shall be based on test results. The Agency
10shall adopt rules governing the certification of such products
11and shall coordinate with the certification programs of other
12states and federal agencies with similar standards.
13    (c) Manufacturers of new products covered by Section 15 of
14this Act shall identify each product offered for sale or
15installation in the State as in compliance with the provisions
16of this Act by means of a mark, label, or tag on the product
17and packaging at the time of sale or installation. The Agency
18shall adopt rules governing the identification of such
19products and packaging, which shall be coordinated to the
20greatest practical extent with the labeling programs of other
21states and federal agencies with equivalent efficiency
22standards. The Agency shall allow the use of existing marks,
23labels, or tags, which connote compliance with the efficiency
24requirements of this Act.
25    (d) The Agency may test products covered by Section 15. If
26products so tested are found not to be in compliance with the

 

 

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1minimum efficiency standards established under Section 20, the
2Agency shall:
3        (1) charge the manufacturer of such product for the
4    cost of product purchase and testing; and
5        (2) make information available to the public on
6    products found not to be in compliance with the standards.
7    (e) With prior notice and at reasonable and convenient
8hours, the Agency may cause periodic inspections to be made of
9distributors or retailers of new products covered by Section
1015 in order to determine compliance with the provisions of
11this Act.
12    (f) The Agency shall investigate complaints received
13concerning violations of this Act and shall report the results
14of such investigations to the Attorney General. The Attorney
15General may institute proceedings to enforce the provisions of
16this Act. Any manufacturer, distributor, or retailer, or any
17person who installs a product covered by this Act for
18compensation, who violates any provision of this Act, shall be
19issued a warning by the Agency for any first violation and
20subject to a civil penalty of up to one hundred dollars for
21each offense. Repeat violations shall be subject to a civil
22penalty of not more than $500 for each offense. Each violation
23shall constitute a separate offense, and each day that such
24violation continues shall constitute a separate offense.
25    (g) The Agency may adopt such further rules as necessary
26to ensure the proper implementation and enforcement of the

 

 

HB2555- 21 -LRB102 12967 CPF 18310 b

1provisions of this Act.
 
2    Section 97. Severability. The provisions of this Act are
3severable under Section 1.31 of the Statute on Statutes.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.