093_HB3284

 
                                     LRB093 11163 AMC 12077 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        "Ceiling  fan"  means  a  non-portable  device  that   is
 
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 1    suspended from a ceiling for circulating air via the rotation
 2    of fan blades.
 3        "Ceiling  fan  light  kit"  means  the  equipment used to
 4    provide light from a ceiling fan. This equipment can  be  (i)
 5    integral  such that the ceiling fan light kit is hardwired to
 6    the ceiling fan or (ii) attachable such that the ceiling  fan
 7    light kit is not, at the time of sale, physically attached to
 8    the  fan. Attachable ceiling fan light kits might be included
 9    inside the ceiling fan package at the time of  sale  or  sold
10    separately for subsequent attachment to the fan.
11        "Commercial   clothes   washer"   means   a   soft  mount
12    front-loading or soft mount top-loading clothes  washer  that
13    is  designed  for use in (i) applications where the occupants
14    of more than one household will  be  using  it,  such  as  in
15    multi-family  housing common areas and coin laundries or (ii)
16    other  commercial  applications,  if  the  clothes  container
17    compartment  is  no  greater  than   3.5   cubic   feet   for
18    horizontal-axis clothes washers, or no greater than 4.0 cubic
19    feet for vertical-axis clothes washers.
20        "Commercial  refrigerators  and  freezers" means reach-in
21    cabinets,  pass-through  cabinets,   roll-in   cabinets   and
22    roll-through  cabinets  that  have less than 85 cubic feet of
23    capacity and that are not walk-in models or consumer products
24    regulated under the National  Appliance  Energy  Conservation
25    Act of 1987.
26        "Digital  cable  television box" means a device that acts
27    as a tuner for cable television programming and that converts
28    digital signals received from a cable service provider  to  a
29    signal usable by a television set.
30        "Digital  television  converter  box" means a device that
31    receives and decodes digital signals for display by an analog
32    television set.
33        "Director" means the Director of Commerce  and  Community
34    Affairs.
 
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 1        "Illuminated  exit  sign" means an internally-illuminated
 2    sign that is designed to be permanently fixed  in  place  and
 3    used to identify an exit; a light source illuminates the sign
 4    or  letters  from within, and the background of the exit sign
 5    is not transparent.
 6        "Large   packaged   air-conditioning   equipment"   means
 7    packaged air-conditioning equipment having  240,000  Btu/hour
 8    or more of cooling capacity.
 9        "Low  voltage  dry-type distribution transformer" means a
10    distribution transformer that (i) has an input voltage of 600
11    volts or less; (ii) is between 14 kVa and 2,501 kVa in  size;
12    (iii) is air-cooled; and (iv) does not use oil as a coolant.
13        "Packaged      air-conditioning      equipment"     means
14    air-conditioning equipment that is built  as  a  package  and
15    shipped as a whole to end-user sites.
16        "Pass-through cabinet" means a commercial refrigerator or
17    commercial  freezer  with hinged or sliding doors on both the
18    front and rear of the refrigerator or freezer.
19        "Reach-in  cabinet"  means  a  commercial   refrigerator,
20    commercial  refrigerator-freezer,  or commercial freezer with
21    hinged or sliding doors or lids,  but  excluding  roll-in  or
22    roll-through cabinets and pass through cabinets.
23        "Roll-in  or  roll-through  cabinet"  means  a commercial
24    refrigerator or commercial freezer  with  hinged  or  sliding
25    doors  that allows wheeled racks of product to be rolled into
26    or through the refrigerator or freezer.
27        "Set-top box"  means  a  digital  cable  television  box,
28    wireless television receiver, or digital television converter
29    box.
30        "Torchiere  lighting  fixture"  means a portable electric
31    lighting fixture with a reflector bowl giving light  directed
32    upward so as to give indirect illumination.
33        "Traffic  signal  module" means a standard 8-inch (200mm)
34    or  12-inch  (300mm)  round  traffic  signal  indication.  It
 
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 1    consists of a light source, lens, and all parts necessary for
 2    operation  and  communicates  movement  messages  to  drivers
 3    through red, amber, and green colors. Arrow  modules  in  the
 4    same colors are used to indicate turning movements.
 5        "Transformer"  means a device consisting essentially of 2
 6    or more coils of insulated wire  that  transfers  alternating
 7    current by electromagnetic induction from one coil to another
 8    in order to change the original voltage or current value.
 9        "Unit heater" means a self-contained fan-type heater that
10    uses  natural  gas, propane, or fuel oil and that is designed
11    to be installed within a heated space. Unit  heaters  include
12    an  apparatus  or  appliance  to  supply  heat  and a fan for
13    circulating air over a heat exchange surface, all enclosed in
14    a common  casing.  Unit  heaters  do  not  include  warm  air
15    furnaces  as  defined  under the federal Energy Policy Act of
16    1992.
17        "Wireless television receiver" means  a  device  used  in
18    conjunction with a dish antenna to receive satellite or other
19    wireless  television  programming  and  that converts signals
20    from a dish antenna for use by a television set.

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

 8        Section 20.  Efficiency standards. Not later than January
 9    1,  2004, the Director shall adopt rules establishing minimum
10    efficiency standards for the types of new products set  forth
11    in  Section  15.  The  rules  shall provide for the following
12    minimum efficiency standards:
13             (1)  Ceiling fans and ceiling fan light  kits  shall
14        meet  the  Tier  1  criteria of the product specification
15        (Version 1.1) of the "Energy  Star  Program  Requirements
16        for  Residential  Ceiling  Fans"  developed  by  the U.S.
17        Environmental Protection Agency.
18             (2)  Commercial  clothes  washers  shall  meet   the
19        requirements  shown in Table P-3 of section 1605.3 of the
20        California Code of Regulations,  Title  20:  Division  2,
21        Chapter  4,  Article  4: Appliance Efficiency Regulations
22        that took effect on November 27, 2002.
23             (3)  Commercial  refrigerators  and  freezers  shall
24        meet the August 1, 2004 requirements shown in  Table  A-6
25        of  section 1605.3 of the California Code of Regulations,
26        Title 20: Division 2, Chapter  4,  Article  4:  Appliance
27        Efficiency  Regulations  that took effect on November 27,
28        2002.
29             (4)  Illuminated exit signs shall meet  the  product
30        specification  (Version  2.0) of the "Energy Star Program
31        Requirements  for  Exit  Signs"  developed  by  the  U.S.
32        Environmental Protection Agency.
33             (5)  Large packaged air-conditioning equipment shall
 
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 1        meet  the  Tier  2  efficiency  levels  of  the  "Minimum
 2        Equipment  Efficiencies  for   Unitary   Commercial   Air
 3        Conditioners"  and  "Minimum  Equipment  Efficiencies for
 4        Heat  Pumps"  developed  by  the  Consortium  for  Energy
 5        Efficiency, Boston, MA, and that took effect on  July  1,
 6        2002.
 7             (6)  Low  voltage dry-type distribution transformers
 8        shall meet or exceed the energy efficiency  values  shown
 9        in   Table   4-2  of  National  Electrical  Manufacturers
10        Association Standard TP-1-2002.
11             (7)  Set-top boxes shall meet the Tier 2 criteria of
12        the  product  specification  of  the  U.S.  Environmental
13        Protection Agency's "Energy Star Program Requirements for
14        Set-top Boxes" that took effect on January 1, 2001.
15             (8)  Torchiere lighting fixtures shall  not  consume
16        more than 190 watts and shall not be capable of operating
17        with lamps that total more than 190 watts.
18             (9)  Traffic  signal  modules shall meet the product
19        specification of the "Energy  Star  Program  Requirements
20        for  Traffic Signals" developed by the U.S. Environmental
21        Protection Agency and that took effect in February 2001.
22             (10)  Unit heaters shall not have pilot  lights  and
23        shall  have  either  power  venting  or an automatic flue
24        damper.

25        Section 25.  Implementation. On or after January 1, 2005,
26    no new product of a type set forth in Section 15 may be  sold
27    or offered for sale in the State unless the efficiency of the
28    new  product  meets  or  exceeds the efficiency standards set
29    forth in the rules adopted pursuant  to  Section  20.  On  or
30    after  January 1, 2006, no new product of a type set forth in
31    Section  15  may  be  installed  in  the  State  unless   the
32    efficiency of the new product meets or exceeds the efficiency
33    standards  set forth in the rules adopted pursuant to Section
 
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 1    20.

 2        Section 30.  New and revised standards. The Director  may
 3    establish  increased  efficiency  standards  on  the products
 4    listed  in  Section  15.  The  Director  may  also  establish
 5    standards for products not specifically listed in Section 15.
 6    In considering such new or amended  standards,  the  Director
 7    shall  set  efficiency  standards  upon  a determination that
 8    increased efficiency standards would serve to promote  energy
 9    conservation  in  the  State  and would be cost-effective for
10    consumers who purchase and use such new products, provided no
11    new or increased efficiency standards shall become  effective
12    within  one  year following the adoption of any amended rules
13    providing  for  such  increased  efficiency  standards.   The
14    Director  may  apply  for  a  waiver of federal preemption in
15    accordance with federal procedures (42 U.S.  Code  6297  (d))
16    for those products regulated by the federal government.

17        Section   35.  Testing,   certification,   labeling,  and
18    enforcement.
19        (a)  The Director shall adopt procedures for testing  the
20    energy  efficiency of the new products covered by Section 15.
21    The Director shall use U.S.  Department  of  Energy  approved
22    test  methods,  or in the absence of such test methods, other
23    appropriate   nationally   recognized   test   methods.   The
24    manufacturers of such products shall cause  samples  of  such
25    appliances   to   be  tested  in  accordance  with  the  test
26    procedures adopted pursuant to this Act.
27        (b)  Manufacturers of new products covered by Section  15
28    of  this Act shall certify to the Director that such products
29    are in compliance  with  the  provisions  of  this  Act.  The
30    Director  shall  adopt  rules  governing the certification of
31    such  products  and  may  work  in  coordination   with   the
32    certification program of other states with like standards.
 
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 1        (c)  Manufacturers  of new products covered by Section 15
 2    of this Act shall identify each product offered for  sale  or
 3    installed  in  the State as in compliance with the provisions
 4    of this Act by means of a mark, label, or tag on the  product
 5    and  packaging  at  the  time  of  sale  or installation. The
 6    Director shall adopt rules governing  the  identification  of
 7    such products and packaging and may work in coordination with
 8    the labeling programs of other states with similar standards.
 9        (d)  The Director may test products covered by Section 15
10    using  an  accredited testing facility. If products so tested
11    are found not to be in compliance with the minimum efficiency
12    standards established under Section 20, the  Director  shall:
13    (1)  charge  the manufacturer of such product for the cost of
14    product purchase and testing, and (2) provide information  to
15    the public on products found not to be in compliance with the
16    standards.
17        (e)  The  Director  may  cause periodic inspections to be
18    made of distributors or retailers of new products covered  by
19    Section   15  in  order  to  determine  compliance  with  the
20    provisions of this Act.
21        (f)  The Director shall cause investigations to  be  made
22    of  complaints received concerning violations of this Act and
23    shall report  the  results  of  such  investigations  to  the
24    Attorney   General.   The   Attorney  General  may  institute
25    proceedings to  enforce  the  provisions  of  this  Act.  Any
26    manufacturer,  distributor,  or  retailer  who  violates  any
27    provision  of  this  Act  shall  be  issued  a warning by the
28    Director for any first violation. Repeat violations shall  be
29    subject  to  a  civil  penalty  of  not  more than $250. Each
30    violation shall constitute a separate offense, and  each  day
31    that  such  violation  continues  shall constitute a separate
32    offense. Penalties assessed  under  this  subsection  are  in
33    addition to costs assessed under subsection (d).
34        (g)  The  Director is granted the authority to adopt such
 
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 1    further   rules   as   necessary   to   ensure   the   proper
 2    implementation and enforcement of the provisions of this Act.

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

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