093_SB1380eng

 
SB1380 Engrossed                     LRB093 06768 AMC 06906 b

 1        AN ACT concerning energy efficiency.

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

 4        Section 1. Short title. This Act  may  be  cited  as  the
 5    Minimum Energy Efficiency Standards Act.

 6        Section 5.  Purpose and findings.
 7        (a)  This  Act  provides for the establishment of minimum
 8    efficiency standards for certain products sold  or  installed
 9    in this State.
10        (b)  The legislature finds that:
11             (1)  Efficiency  standards for certain products sold
12        or  installed  in  this  State   assure   consumers   and
13        businesses  that  the  products  meet  minimum efficiency
14        performance levels, thus saving money on utility bills.
15             (2)  Such efficiency standards save energy and  thus
16        reduce   pollution   and   other   environmental  impacts
17        associated with the production, distribution, and use  of
18        electricity and natural gas.
19             (3)  Such  efficiency standards can make electricity
20        systems more reliable  by  reducing  the  strain  on  the
21        electricity grid during peak demand periods. Furthermore,
22        improved  energy  efficiency can reduce or delay the need
23        for new power plants, power transmission lines, and power
24        distribution system upgrades.
25             (4)  Energy efficiency standards contribute  to  the
26        economy  of this State by enabling consumers and business
27        owners to spend less on  energy,  leaving  more  for  the
28        purchase of local goods and services.

29        Section 10.  Definitions.  As used in this Act:
30        "Agency"  means  the  Illinois  Environmental  Protection
 
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 1    Agency.
 2        "Board" means the Illinois Pollution Control Board.
 3        "Ceiling   fan"  means  a  non-portable  device  that  is
 4    suspended from a ceiling for circulating air via the rotation
 5    of fan blades.
 6        "Ceiling fan light  kit"  means  the  equipment  used  to
 7    provide  light from a ceiling fan.  This equipment can be (i)
 8    integral such that the ceiling fan light kit is hardwired  to
 9    the  ceiling fan or (ii) attachable such that the ceiling fan
10    light kit is not, at the time of sale, physically attached to
11    the fan.  Attachable ceiling fan light kits might be included
12    inside the ceiling fan package at the time of  sale  or  sold
13    separately for subsequent attachment to the fan.
14        "Commercial   clothes   washer"   means   a   soft  mount
15    front-loading or soft mount top-loading clothes  washer  that
16    is  designed  for use in (i) applications where the occupants
17    of more than one household will  be  using  it,  such  as  in
18    multi-family  housing common areas and coin laundries or (ii)
19    other  commercial  applications,  if  the  clothes  container
20    compartment  is  no  greater  than   3.5   cubic   feet   for
21    horizontal-axis clothes washers, or no greater than 4.0 cubic
22    feet for vertical-axis clothes washers.
23        "Commercial  refrigerators  and  freezers" means reach-in
24    cabinets,  pass-through  cabinets,   roll-in   cabinets   and
25    roll-through  cabinets  that  have less than 85 cubic feet of
26    capacity and that are not walk-in models or consumer products
27    regulated under the National  Appliance  Energy  Conservation
28    Act of 1987.
29        "Director"   means   the   Director   of   the   Illinois
30    Environmental Protection Agency.
31        "Illuminated  exit  sign" means an internally-illuminated
32    sign that is designed to be permanently fixed  in  place  and
33    used to identify an exit; a light source illuminates the sign
34    or  letters  from within, and the background of the exit sign
 
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 1    is not transparent.
 2        "Large   packaged   air-conditioning   equipment"   means
 3    packaged air-conditioning equipment having  240,000  Btu/hour
 4    or more of cooling capacity.
 5        "Low  voltage  dry-type distribution transformer" means a
 6    distribution transformer that (i) has an input voltage of 600
 7    volts or less; (ii) is between 14 kVa and 2,501 kVa in  size;
 8    (iii) is air-cooled; and (iv) does not use oil as a coolant.
 9        "Packaged      air-conditioning      equipment"     means
10    air-conditioning equipment that is built  as  a  package  and
11    shipped as a whole to end-user sites.
12        "Pass-through cabinet" means a commercial refrigerator or
13    commercial  freezer  with hinged or sliding doors on both the
14    front and rear of the refrigerator or freezer.
15        "Reach-in  cabinet"  means  a  commercial   refrigerator,
16    commercial  refrigerator-freezer,  or commercial freezer with
17    hinged or sliding doors or lids,  but  excluding  roll-in  or
18    roll-through cabinets and pass through cabinets.
19        "Roll-in  or  roll-through  cabinet"  means  a commercial
20    refrigerator or commercial freezer  with  hinged  or  sliding
21    doors  that allows wheeled racks of product to be rolled into
22    or through the refrigerator or freezer.
23        "Torchiere lighting fixture" means  a  portable  electric
24    lighting  fixture with a reflector bowl giving light directed
25    upward so as to give indirect illumination.
26        "Traffic signal module" means a standard  8-inch  (200mm)
27    or  12-inch  (300mm)  round  traffic  signal  indication.  It
28    consists of a light source, lens, and all parts necessary for
29    operation  and  communicates  movement  messages  to  drivers
30    through  red,  amber,  and green colors. Arrow modules in the
31    same colors are used to indicate turning movements.
32        "Transformer" means a device consisting essentially of  2
33    or  more  coils  of insulated wire that transfers alternating
34    current by electromagnetic induction from one coil to another
 
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 1    in order to change the original voltage or current value.
 2        "Unit heater" means a self-contained fan-type heater that
 3    uses natural gas, propane, or fuel oil and that  is  designed
 4    to  be  installed within a heated space. Unit heaters include
 5    an apparatus or appliance  to  supply  heat  and  a  fan  for
 6    circulating air over a heat exchange surface, all enclosed in
 7    a  common  casing.  Unit  heaters  do  not  include  warm air
 8    furnaces as defined under the federal Energy  Policy  Act  of
 9    1992.

10        Section 15.  Scope.
11        (a)  The  provisions  of  this  Act apply to the testing,
12    certification, and enforcement of  efficiency  standards  for
13    the  following  types of new products sold, offered for sale,
14    or installed in this State: (1) ceiling fans and ceiling  fan
15    light  kits;  (2)  commercial clothes washers; (3) commercial
16    refrigerators and freezers; (4) illuminated exit  signs;  (5)
17    large  packaged  air-conditioning  equipment; (6) low voltage
18    dry-type distribution transformers;  (7)  torchiere  lighting
19    fixtures;  (8)  traffic signal modules; (9) unit heaters; and
20    (10) such other products as may be designated by the Director
21    in accordance with Section 30.
22        (b)  The provisions of this Act do not apply to  (1)  new
23    products  manufactured  in  this  State and sold outside this
24    State, (2) new products manufactured outside this  State  and
25    sold at wholesale inside this State for final retail sale and
26    installation  outside  this  State, (3) products installed in
27    mobile manufactured homes at the time of construction, or (4)
28    products designed  expressly  for  installation  and  use  in
29    recreational vehicles.

30        Section  20.  Efficiency  standards.  The initial minimum
31    efficiency standards for the types of new products set  forth
32    in Section 15 are as follows:
 
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 1             (1)  Ceiling  fans  and ceiling fan light kits shall
 2        meet the Tier 1 criteria  of  the  product  specification
 3        (Version  1.1)  of  the "Energy Star Program Requirements
 4        for Residential  Ceiling  Fans"  developed  by  the  U.S.
 5        Environmental Protection Agency.
 6             (2)  Commercial   clothes  washers  shall  meet  the
 7        energy efficiency requirements  for  residential  clothes
 8        washers  in  Energy  Conservation  Program  for  Consumer
 9        Products:  Clothes  Washer Energy Conservation Standards,
10        66 Fed. Reg. 3314 (January 12, 2001) (to be  codified  at
11        10 CFR Part 430).
12             (3)  Commercial  refrigerators  and  freezers  shall
13        meet  the  August 1, 2004 requirements shown in Table A-6
14        of section 1605.3 of the California Code of  Regulations,
15        Title  20:  Division  2,  Chapter 4, Article 4: Appliance
16        Efficiency Regulations that took effect on  November  27,
17        2002.
18             (4)  Illuminated  exit  signs shall meet the product
19        specification (Version 2.0) of the "Energy  Star  Program
20        Requirements  for  Exit  Signs"  developed  by  the  U.S.
21        Environmental Protection Agency.
22             (5)  Large packaged air-conditioning equipment shall
23        meet  the  Tier  2  efficiency  levels  of  the  "Minimum
24        Equipment   Efficiencies   for   Unitary  Commercial  Air
25        Conditioners" and  "Minimum  Equipment  Efficiencies  for
26        Heat  Pumps"  developed  by  the  Consortium  for  Energy
27        Efficiency,  Boston,  MA, and that took effect on July 1,
28        2002.
29             (6)  Low voltage dry-type distribution  transformers
30        shall  meet  or exceed the energy efficiency values shown
31        in  Table  4-2  of  National   Electrical   Manufacturers
32        Association Standard TP-1-2002.
33             (7)  Torchiere  lighting  fixtures shall not consume
34        more than 190 watts and shall not be capable of operating
 
SB1380 Engrossed            -6-      LRB093 06768 AMC 06906 b
 1        with lamps that total more than 190 watts.
 2             (8)  Traffic signal modules shall meet  the  product
 3        specification  of  the  "Energy Star Program Requirements
 4        for Traffic Signals" developed by the U.S.  Environmental
 5        Protection Agency and that took effect in February 2001.
 6             (9)  Unit  heaters  shall  not have pilot lights and
 7        shall have either power  venting  or  an  automatic  flue
 8        damper.
 9        The initial minimum efficiency standards provided in this
10    Section  are  subject  to  change by Board rule in accordance
11    with Section 30.

12        Section 25.  Implementation.
13        (a)  Beginning January 1, 2005, no new product of a  type
14    subject  to  this Act may be sold or offered for sale in this
15    State unless the efficiency  of  the  new  product  meets  or
16    exceeds the applicable minimum efficiency standards.
17        (b)  Beginning  January 1, 2006, no new product of a type
18    subject to this Act may be installed in this State unless the
19    efficiency of the new product meets or exceeds the applicable
20    minimum efficiency standards.

21        Section 30.  New and revised standards; waiver.
22        (a)  The Agency, after consultation with  the  Department
23    of  Commerce  and Community Affairs, may propose to the Board
24    (i) increased efficiency standards  to  replace  any  of  the
25    standards   listed  in  Section  20,  and  (ii)  new  minimum
26    efficiency standards for new products not specifically listed
27    in Section 15.  In proposing any new or increased  efficiency
28    standards,  the  Agency  shall  base  that  proposal  upon  a
29    determination  that the new or increased efficiency standards
30    would serve to promote energy conservation in this State  and
31    would  be  cost  effective for consumers who purchase and use
32    the affected new products.
 
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 1        (b)  The  Board  shall  consider  any  new  or  increased
 2    efficiency standards proposed by the Agency, and shall  adopt
 3    by  rule those standards that it finds to be appropriate.  In
 4    adopting any new or increased efficiency standard, the  Board
 5    shall  consider  whether  the  new  or  increased  efficiency
 6    standard  would  serve to promote energy conservation in this
 7    State and would be cost effective for consumers who  purchase
 8    and  use  the  affected  new  products.    New  or  increased
 9    efficiency  standards  shall  take  effect no sooner than one
10    year following the adoption of the rule  providing  for  such
11    new or increased efficiency standards.
12        (c)  The  Director  may  apply  for  a  waiver of federal
13    preemption in accordance with federal  procedures  for  those
14    products regulated by the federal government.

15        Section   35.  Testing,   certification,   labeling,  and
16    enforcement.
17        (a)  The manufacturers of new products  subject  to  this
18    Act  shall  cause  samples  of  such products to be tested in
19    accordance  with  the  appropriate  test  procedures.    With
20    respect  to  efficiency  standards adopted by reference under
21    Section 20, the  appropriate  test  methods  shall  be  those
22    specified  in  the  adopted standards.  Board rules providing
23    for new  or  increased  minimum  efficiency  standards  shall
24    specify  the  appropriate  test  methods, which shall be test
25    methods approved by the U.S. Department of Energy or, in  the
26    absence  of  such  test methods, other appropriate nationally
27    recognized test methods.
28        (b)  Manufacturers of new products subject  to  this  Act
29    shall  certify  to  the  Director  that  such products are in
30    compliance with the provisions of this Act.  The Director may
31    adopt procedures and requirements governing the certification
32    of such products  and  may  work  in  coordination  with  the
33    certification  programs  of  other states.  With respect to a
 
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 1    product for  which  the  Illinois  efficiency  standards  and
 2    labelling  requirements  are the same as those of the federal
 3    government  or  another  state,  the  Agency  may  accept  as
 4    sufficient  for   compliance   with   this   subsection   the
 5    manufacturer's  certification  to  the  federal government or
 6    that other state, whichever is applicable, that  the  product
 7    complies with those standards and requirements.
 8        (c)  Manufacturers  of  new  products subject to this Act
 9    shall  identify  each  such  product  offered  for  sale   or
10    installation   in  this  State  as  in  compliance  with  the
11    provisions of this Act by means of a mark, label, or  tag  on
12    the   product   and   packaging   at  the  time  of  sale  or
13    installation.  The Director shall propose and the Board shall
14    adopt rules governing the identification of such products and
15    packaging and may work  in  coordination  with  the  labeling
16    programs of other states.
17        (d)  The  Director may cause investigations to be made of
18    complaints received concerning violations of this Act and may
19    report the results of such  investigations  to  the  Attorney
20    General.   The  Attorney General may institute proceedings to
21    enforce the provisions of this Act.
22        (e)  A manufacturer, distributor, retailer, or  installer
23    who  violates  any  provision  of  this Act shall be issued a
24    warning by the Director  for  the  first  violation.   Repeat
25    violations  shall  be  subject to a civil penalty of not more
26    than  $250.   Each  violation  shall  constitute  a  separate
27    offense, and  each  day  that  a  violation  continues  shall
28    constitute a separate offense.  Penalties assessed under this
29    subsection are in addition to costs assessed under subsection
30    (d).
31        (f)  The  Agency  may propose and the Board may adopt any
32    rules that are necessary to ensure the proper  implementation
33    and enforcement of this Act.
 
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 1        Section  97.   Severability.   The provisions of this Act
 2    are severable under Section 1.31 of the Statute on Statutes.

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