093_SB1380sam002

 










                                     LRB093 06768 EFG 14426 a

 1                    AMENDMENT TO SENATE BILL 1380

 2        AMENDMENT NO.     .  Amend Senate Bill 1380 by  replacing
 3    everything after the enacting clause with the following:

 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
 
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 1        for new power plants, power transmission lines, and power
 2        distribution system upgrades.
 3             (4)  Energy  efficiency  standards contribute to the
 4        economy of this State by enabling consumers and  business
 5        owners  to  spend  less  on  energy, leaving more for the
 6        purchase of local goods and services.

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

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

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

21        Section 25.  Implementation.
22        (a)  Beginning  January 1, 2005, no new product of a type
23    subject to this Act may be sold or offered for sale  in  this
24    State  unless  the  efficiency  of  the  new product meets or
25    exceeds the applicable minimum efficiency standards.
26        (b)  Beginning January 1, 2006, no new product of a  type
27    subject to this Act may be installed in this State unless the
28    efficiency of the new product meets or exceeds the applicable
29    minimum efficiency standards.

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

24        Section  35.  Testing,   certification,   labeling,   and
25    enforcement.
26        (a)  The  manufacturers  of  new products subject to this
27    Act shall cause samples of such  products  to  be  tested  in
28    accordance   with  the  appropriate  test  procedures.   With
29    respect to efficiency standards adopted  by  reference  under
30    Section  20,  the  appropriate  test  methods  shall be those
31    specified in the adopted standards.   Board  rules  providing
32    for  new  or  increased  minimum  efficiency  standards shall
33    specify the appropriate test methods,  which  shall  be  test
 
                            -8-      LRB093 06768 EFG 14426 a
 1    methods  approved by the U.S. Department of Energy or, in the
 2    absence of such test methods,  other  appropriate  nationally
 3    recognized test methods.
 4        (b)  Manufacturers  of  new  products subject to this Act
 5    shall certify to the  Director  that  such  products  are  in
 6    compliance with the provisions of this Act.  The Director may
 7    adopt procedures and requirements governing the certification
 8    of  such  products  and  may  work  in  coordination with the
 9    certification programs of other states.  With  respect  to  a
10    product  for  which  the  Illinois  efficiency  standards and
11    labelling requirements are the same as those of  the  federal
12    government  or  another  state,  the  Agency  may  accept  as
13    sufficient   for   compliance   with   this   subsection  the
14    manufacturer's certification to  the  federal  government  or
15    that  other  state, whichever is applicable, that the product
16    complies with those standards and requirements.
17        (c)  Manufacturers of new products subject  to  this  Act
18    shall   identify  each  such  product  offered  for  sale  or
19    installation  in  this  State  as  in  compliance  with   the
20    provisions  of  this Act by means of a mark, label, or tag on
21    the  product  and  packaging  at  the   time   of   sale   or
22    installation.  The Director shall propose and the Board shall
23    adopt rules governing the identification of such products and
24    packaging  and  may  work  in  coordination with the labeling
25    programs of other states.
26        (d)  The Director may cause investigations to be made  of
27    complaints received concerning violations of this Act and may
28    report  the  results  of  such investigations to the Attorney
29    General.  The Attorney General may institute  proceedings  to
30    enforce the provisions of this Act.
31        (e)  A  manufacturer, distributor, retailer, or installer
32    who violates any provision of this  Act  shall  be  issued  a
33    warning  by  the  Director  for  the first violation.  Repeat
34    violations shall be subject to a civil penalty  of  not  more
 
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 1    than  $250.   Each  violation  shall  constitute  a  separate
 2    offense,  and  each  day  that  a  violation  continues shall
 3    constitute a separate offense.  Penalties assessed under this
 4    subsection are in addition to costs assessed under subsection
 5    (d).
 6        (f)  The Agency may propose and the Board may  adopt  any
 7    rules  that are necessary to ensure the proper implementation
 8    and enforcement of this Act.

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

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