State of Illinois
92nd General Assembly

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 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. Definitions. As used in this Section:
 7        "Automatic  commercial  ice-maker"  means  a factory-made
 8    assembly (not necessarily shipped in one package)  consisting
 9    of  a  condensing unit and ice-making section operating as an
10    integrated unit with means for making and harvesting ice.  It
11    may  also  include  means  for  storing or dispensing ice, or
12    both.
13        "Director" means the Director of Natural Resources.
14        "Illuminated exit sign" means  an  internally-illuminated
15    sign  that  is  designed to be permanently fixed in place and
16    used to identify an exit, in which a light source illuminates
17    the sign or letters from within and  the  background  of  the
18    exit sign is not transparent.
19        "Large   packaged   air-conditioning   equipment"   means
20    packaged  air-conditioning  equipment  with  over  20 tons of
21    cooling capacity.
22        "Low-voltage dry-type transformer"  means  a  transformer
23    that   has  an  input  voltage  of  600  volts  or  less,  is
24    air-cooled, and does not use oil as a coolant.
25        "Packaged     air-conditioning      equipment"      means
26    air-conditioning  equipment  that  is  built as a package and
27    shipped as a whole to end-user sites.
28        "Refrigerated bottled or canned beverage vending machine"
29    means  a  vending  machine  that  cools  bottled  or   canned
30    beverages and dispenses them upon payment.
31        "Set-top  box"  means a commercially available electronic
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 1    product the purpose of which is to  receive,  send,  process,
 2    translate,  or  record  signals  that  are  then  sent  to  a
 3    television  or  similar  display  device  for viewing or to a
 4    computer for processing.
 5        "Torchiere fixture" means a  portable  electric  lighting
 6    fixture with a reflector bowl giving light directed upward so
 7    as to give indirect illumination.
 8        "Traffic  signal"  means  a device consisting of a set of
 9    signal  lights  operating   in   sequence,   placed   at   an
10    intersection to regulate traffic.
11        "Traffic  signal  module" means a standard 8-inch (200mm)
12    or  12-inch  (300mm)  round  traffic  signal  indication.  It
13    consists of a light source, lens, and all parts necessary for
14    operation  and  communicates  movement  messages  to  drivers
15    through red,  amber,  and  green  or  similar  colors.  Arrow
16    modules  in  the  same  colors  are  used to indicate turning
17    movements. Lane  control  modules  indicate  whether  traffic
18    lanes are open or closed.
19        "Transformer"  means  a  device consisting essentially of
20    two  or  more  coils  of  insulated   wire   that   transfers
21    alternating  current  by  electromagnetic  induction from one
22    coil to another in order to change the  original  voltage  or
23    current value.
24        "Unit  heater"  means  a  self-contained  fan-type heater
25    designed to  be  installed  within  the  heated  space.  Unit
26    heaters  include an apparatus or appliance to supply heat and
27    a fan for circulating air over a heat exchange  surface,  all
28    enclosed in a common casing. Unit heaters do not include warm
29    air furnaces as specifically defined under the federal Energy
30    Policy Act of 1992.
31        "Vending  machine"  means  a machine that dispenses food,
32    beverages, and other commodities upon payment.

33        Section 10. Standards.
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 1        (a)  The provisions of this Section apply to the testing,
 2    certification, and enforcement of  efficiency  standards  for
 3    the  following  types of new products sold, offered for sale,
 4    or installed in this State:
 5             (1)  torchiere fixtures;
 6             (2)  unit heaters;
 7             (3)  low-voltage dry-type transformers;
 8             (4)  refrigerated bottled or canned beverage vending
 9        machines;
10             (5)  traffic signal modules;
11             (6)  illuminated exit signs;
12             (7)  automatic commercial ice-makers;
13             (8)  large packaged air-conditioning equipment;
14             (9)  set-top boxes; and
15             (10)  other products that may be designated  by  the
16        Director.
17        (b)  The provisions of this Section do not apply to:
18             (1)  new products manufactured in the State and sold
19        outside the State;
20             (2)  new products manufactured outside of this State
21        and  sold  at wholesale inside the State for final retail
22        sale and installation outside of this State;
23             (3)  products installed in mobile manufactured homes
24        at the time of construction; or
25             (4)  products designed  expressly  for  installation
26        and use in recreational vehicles.
27        (c)  Not  later  than  January  1, 2004, the Director, in
28    consultation with heads of other appropriate  agencies  shall
29    adopt  rules  in  accordance  with the provisions of this Act
30    establishing minimum  energy  efficiency  standards  for  the
31    types  of  new  products  set forth in subsection (a) of this
32    Section. The rules shall provide for  the  following  minimum
33    efficiency standards:
34             (1)  Torchiere  fixtures shall not consume more than
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 1        190 watts and shall not  be  capable  of  operating  with
 2        lamps that total more than 190 watts.
 3             (2)  Commercial  unit  heaters  shall not have pilot
 4        lights  and  shall  have  either  power  venting  or   an
 5        automatic flue damper.
 6             (3)  The  efficiency  of  all  low  voltage dry-type
 7        distribution transformers shall  be  not  less  than  the
 8        values   shown   in  Table  4-2  of  National  Electrical
 9        Manufacturers Association Standard TP-1-1996.
10             (4)  Refrigerated beverage  vending  machines  shall
11        use  T-8  fluorescent lamps with electronic ballasts or a
12        lighting system of equal or greater efficacy.
13             (5)  Traffic   signal   modules   shall   meet   the
14        requirements of the "Energy Star Program Requirements for
15        Traffic Signals"  developed  by  the  U.S.  Environmental
16        Protection Agency that took effect in February 2001.
17             (6)  Illuminated   exit   signs   shall   meet   the
18        requirements  of  the  "Energy Star  Program Requirements
19        for Exit  Signs"  developed  by  the  U.S.  Environmental
20        Protection agency that took effect on January 1, 1999.
21             (7)  Automatic  commercial ice makers shall meet the
22        requirements  of  the  "Commercial  Ice-Maker  Efficiency
23        Recommendation"   developed   by   the   Federal   Energy
24        Management Program of the U.S. Department of  Energy  and
25        dated November 2000.
26             (8)  Large packaged air-conditioning equipment shall
27        meet  the  Tier II requirements of the "Minimum Equipment
28        Efficiencies for Unitary Commercial Air Conditioners" and
29        "Minimum Equipment Efficiencies for Heat Pumps" developed
30        by  the  Consortium  for   Energy   Efficiency,   Boston,
31        Massachusetts, as in effect on January 1, 2002.
32             (9)  Set-top  boxes  shall  meet the requirements of
33        the "Energy Star Program Requirements for Set-top  Boxes"
34        developed  by  the  U.S.  Environmental Protection Agency
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 1        that took effect on January 1, 2001.
 2        (d)  Beginning January 1, 2004, no new product of a  type
 3    set  forth  in  subsection (a) of this Section may be sold or
 4    offered for sale in this State unless the  energy  efficiency
 5    of  the new product meets or exceeds the efficiency standards
 6    set  forth  in  the  rules  adopted  pursuant  to  this  Act.
 7    Beginning January 1, 2005, no new product of a type set forth
 8    in subsection (a) may be installed in this State  unless  the
 9    energy  efficiency  of  the  new product meets or exceeds the
10    efficiency standards set forth in the rules adopted  pursuant
11    to this Act.

12        Section   15.   Enhanced  standards.   The  Director  may
13    establish increased  efficiency  standards  on  the  products
14    listed in this Act. The Director may also establish standards
15    for   products  not  specifically  listed  in  this  Act.  In
16    considering  new  or  amended  standards,  the  Director,  in
17    consultation with the heads of other appropriate departments,
18    shall set efficiency  standards  upon  a  determination  that
19    increased  efficiency standards would serve to promote energy
20    conservation in the State and  would  be  cost-effective  for
21    consumers  who purchase and use new products, provided no new
22    or increased  efficiency  standards  shall  become  effective
23    within  one  year following the adoption of any amended rules
24    providing  for  the  increased  efficiency   standards.   The
25    Director  may  apply  for  a  waiver of federal preemption in
26    accordance  with  federal  procedures  for   those   products
27    regulated  by  the federal government. The Director may adopt
28    any further rules as necessary to implement the provisions of
29    this Act.

30        Section 20. Testing procedures; certification.
31        (a)  The Director, in consultation with  heads  of  other
32    appropriate  departments,  shall adopt procedures for testing
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 1    the energy efficiency of the new products covered by  Section
 2    10  of  this  Act.   The  Director  shall  use  United States
 3    Department of Energy approved test methods. The manufacturers
 4    of those products shall cause samples of the appliances to be
 5    tested  in  accordance  with  the  test  procedures   adopted
 6    pursuant to this Act.
 7        (b)  Manufacturers  of  new  products covered by this Act
 8    shall certify to  the  Director  that  the  products  are  in
 9    compliance  with  the  provisions  of  this Act. The Director
10    shall promulgate rules governing  the  certification  of  the
11    products  and  may  propose  to work in coordination with the
12    certification program of other states with like standards.
13        (c)  The Director may test products covered by  this  Act
14    by  using  an  accredited  testing  facility.  If products so
15    tested are found not to be in  compliance  with  the  minimum
16    efficiency standards established under this Act, the Director
17    shall  charge the manufacturer of the product for the cost of
18    product purchase and testing, and provide information to  the
19    public  on  products  found  not to be in compliance with the
20    standards.

21        Section 25. Inspections. The Director may cause  periodic
22    inspections  to  be  made of distributors or retailers of new
23    products covered by this Act in order to determine compliance
24    with the provisions of this Act.

25        Section 30.  Investigations;  enforcement.  The  Director
26    shall  cause investigations to be made of complaints received
27    concerning violations  of  this  Act  and  shall  report  the
28    results  of those investigations to the Attorney General. The
29    Attorney General may institute  proceedings  to  enforce  the
30    provisions of this Act.

31        Section  35. Penalties. Any manufacturer, distributor, or
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 1    retailer who violates any provision  of  this  Act  shall  be
 2    issued  a  warning  by  the Director for any first violation.
 3    Repeat violations shall be subject to a civil penalty of  not
 4    more than $250. Each violation of this Act shall constitute a
 5    separate  offense, and each day that such violation continues
 6    shall constitute a separate offense. Penalties assessed under
 7    this Act are in addition to any costs assessed under  Section
 8    20 of this Act.

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