HB5072 103RD GENERAL ASSEMBLY

LRB103 37532 JAG 67655 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5072

Introduced 2/8/2024, by Rep. Kam Buckner

SYNOPSIS AS INTRODUCED:

New Act

Creates the Illinois Appliance Standards Act. Directs the Illinois Environmental Protection Agency to adopt minimum efficiency standards for covered products. Provides for testing, certification, and labeling of covered products. Contains provisions concerning enforcement of the Act's requirements. Provides for administrative rulemaking by the Agency. Makes findings. Defines terms.

A BILL FOR

AN ACT concerning safety.

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

Section 1. Short title. This Act may be cited as the Illinois Appliance Standards Act.

Section 5. Findings. The General Assembly finds that:

(1) Efficiency standards for certain products sold or installed in the State assure consumers and businesses that the products meet minimum efficiency performance levels, thus reducing energy and water waste and saving consumers and businesses money on utility bills.

(2) Such efficiency standards save energy and reduce climate-changing emissions and other environmental impacts associated with the production, distribution, and use of electricity, natural gas, and related fuels.

(3) Such efficiency standards save water, mitigating the effects of short-term and long-term droughts and helping to conserve fresh water supplies.

(4) Utility Bill savings resulting from more efficient products benefit all consumers but are especially important to low-income families, who spend a disproportionate share of their income on utilities. Efficiency standards also help the State and local economies because bill savings can be spent on local goods and services.

(5) Energy and water savings help reduce or delay the need for expensive investments in new power plants, transmission lines, and distribution system upgrades, new and expanded gas pipelines, and water and sewer infrastructure improvements.

Section 10. Definitions. In this Act:

"Agency" means the Environmental Protection Agency established by the Environmental Protection Act.

"Automatic irrigation controller" means a device used to remotely control valves that operate a landscape irrigation system. Such devices include, but are not limited to, weather-based irrigation controllers, soil moisture-based irrigation controllers, and timer-based irrigation controllers, whether configured as a standalone controller, a base controller, an add-on device, or a plug-in device. "Automatic irrigation controller" does not include irrigation control devices designed for attachment to a hose bib or a hose end or those designed and marketed for agricultural purposes.

"Battery backup" or "uninterruptible power supply charger" or "UPS" means a small battery charger system that is voltage and frequency dependent (VFD) and designed to provide power to an end-use product in the event of a power outage, and includes a UPS as defined in IEC 62040-3 (2nd edition). The output of the VFD UPS is dependent on changes in AC input voltage and frequency and is not intended to provide additional corrective functions, such as those relating to the use of tapped transformers.

"Cold-only units" means units that dispense cold water only.

"Compensation" means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.

"Cook and cold units" means units that dispense both cold and room-temperature water.

"Covered product" means:

(1) automatic irrigation controllers;

(2) computers and computer monitors;

(3) electric vehicle supply equipment;

(4) faucets;

(5) gas fireplaces;

(6) portable electric spas;

(7) residential ventilating fans;

(8) showerheads;

(9) spray sprinkler bodies;

(10) state-regulated battery charger systems;

(11) urinals;

(12) water closets;

(13) water coolers; or

(14) any other products as may be designated by the Director in accordance with Section 15 or by operation of law under Section 99; however,

"Director" means the Director of the Environmental Protection Agency.

"Decorative gas fireplace" means a vented fireplace, including appliances that are freestanding, recessed, zero clearance, or a gas fireplace insert, that is fueled by natural gas or propane, is marked for decorative use only, and is not equipped with a thermostat or intended for use as a heater.

"Electric vehicle supply equipment" means the conductors, including the ungrounded, grounded, and equipment grounding conductors, the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy from the premises wiring to the electric vehicle. Excludes conductors, connectors, and fittings that are part of a vehicle.

"Faucet" means a private lavatory faucet, residential kitchen faucet, metering faucet, public lavatory faucet, or replacement aerator for a private lavatory, public lavatory or residential kitchen faucet. "Gas fireplace" means a decorative gas fireplace or a heating gas fireplace.

"Hand-held showerhead" means a showerhead that can be held or fixed in place for the purpose of spraying water onto a bather and that is connected to a flexible hose.

"Heating gas fireplace" means a vented fireplace, including appliances that are freestanding, recessed, zero clearance, or a gas fireplace insert, that is fueled by natural gas or propane and is not a decorative fireplace.

"Hot and cold units" dispense both hot and cold water. Some units also offer room-temperature water. "Large battery charger system" means a BCS (other than a battery charger system for golf carts) with a rated input power of more than 2 kW.

"Metering faucet" means a self-closing faucet that dispenses a specific volume of water for each actuation cycle. The volume or cycle duration can be fixed or adjustable.

"On-demand hot and cold unit" means a unit that heats and cools water as it is requested.

"Public lavatory faucet" means a fitting designed to be installed in nonresidential bathrooms that are exposed to walk-in traffic.

"Person" means:

(1) any individual; or

(2) any corporation, company, association, firm, partnership, society, trust, joint venture, or joint stock company.

"Plumbing fixture" means an exchangeable device, which connects to a plumbing system to deliver and drain away water and waste.

"Portable electric spa" means a factory-built electric spa or hot tub which may or may not include any combination of integral controls, water heating or water circulating equipment.

"Pressure regulator" means a device that maintains constant operating pressure immediately downstream from the device, given higher pressure upstream.

"Replacement aerator" means an aerator sold as a replacement, separate from the faucet to which it is intended to be attached.

"Residential ventilating fan" means a ceiling or wall-mounted fan, or remotely mounted in-line fan, designed to be used in a bathroom or utility room for the purpose of moving air from inside the building to the outdoors.

"Showerhead" means a component or set of components distributed in commerce for attachment to a single supply fitting, for spraying water onto a bather, typically from an overhead position, excluding safety shower showerheads.

"Spray sprinkler body" means the exterior case or shell of a sprinkler incorporating a means of connection to the piping system designed to convey water to a nozzle or orifice.

"State-regulated battery charger system" or "BCS" means a battery charger coupled with its batteries or battery chargers coupled with their batteries, which together are referred to as state-regulated battery charger systems. This term covers all rechargeable batteries or devices incorporating a rechargeable battery and the chargers used with them. Battery charger systems include, but are not limited to:

(1) electronic devices with a battery that are normally charged from AC line voltage or DC input voltage through an internal or external power supply and a dedicated battery charger;

(2) the battery and battery charger components of devices that are designed to run on battery power during part or all of their operations;

(3) dedicated battery systems primarily designed for electrical or emergency backup; and

(4) devices whose primary function is to charge batteries, along with the batteries they are designed to charge. These units include chargers for power tool batteries and chargers for automotive, AA, AAA, C, D, or 9 V rechargeable batteries, as well as chargers for batteries used in larger industrial motive equipment and à la carte chargers.

The charging circuitry of battery charger systems may or may not be located within the housing of the end-use device itself. In many cases, the battery may be charged with a dedicated external charger and power supply combination that is separate from the device that runs on power from the battery. State-regulated battery charger systems do not include federally regulated battery chargers that are covered under standards in 10 CFR 430.32(z).

"Storage-type hot and cold units" means units that store thermally conditioned water in a tank and make that water available instantaneously. Point-of-use coolers, dry storage compartment coolers, and bottled water coolers are included in this category.

"Trough-type urinal" means a urinal designed for simultaneous use by 2 or more persons.

"Urinal" means a plumbing fixture that receives only liquid body waste and conveys the waste through a trap into a drainage system.

"Water closet" means a plumbing fixture having a water-containing receptor that receives liquid and solid body waste through an exposed integral trap into a drainage system.

"Water cooler" means a freestanding device that consumes energy to cool and heat potable water.

Section 15. Minimum efficiency standards; administrative rulemaking.

(a) Not later than one year after the effective date of this Act, the Agency shall adopt rules establishing minimum efficiency standards for all covered products, except as provided in subsection (b).

(b) The provisions of this Act do not apply to:

(1) new products manufactured in the State and sold outside the State;

(2) new products manufactured outside the State and sold at wholesale inside the State for final retail sale and installation outside the State;

(3) products installed in mobile manufactured homes at the time of construction; or

(4) products designed expressly for installation and use in recreational vehicles.

(c) The rules adopted by the Agency under subsection (a) shall provide for the following minimum efficiency standards:

(1) Automatic irrigation controllers shall, at a minimum, meet the water efficiency and performance criteria included within the U.S. Environmental Protection Agency's Specification for Weather-Based Irrigation Controllers, Version 1.1, or its Specification for Soil Moisture-Based Irrigation Controllers, Version 1.0.

(2) Computers and computer monitors shall, at a minimum, meet requirements that are substantially equivalent to the standards authorized and adopted for computers and computer monitors in California under Sections 25213, 25218(e), 25216.5(d), 25401.9, 25402(a) through 25402(c), and 25960, of the California Public Resources Code, and compliance with those requirements shall, at a minimum, be as measured in accordance with test methods that are substantially equivalent to the rules adopted pursuant to those authorities; and, in addition:

(A) The rules adopted by the Agency shall define "computer" and "computer monitor" to have the same meaning as under the California authorities cited in this paragraph (2); and

(B) The Agency shall have authority to amend the rules so that the definitions of "computer" and "computer monitor" and the minimum efficiency standards for computers and computer monitors conform to subsequently adopted modifications in rules authorized and adopted under relevant sections of the California Resources Code, or as authorized under this Act with the minimum standards stated in this paragraph (2).

(3) Electric vehicle supply equipment included in the scope of the ENERGY STAR Program Requirements Product Specification for Electric Vehicle Supply Equipment, Version 1.0, shall, at a minimum, meet the certification criteria of that specification.

(4) Faucets, except for metering faucets, shall, at a minimum, meet the standards shown in this paragraph when tested in accordance with Appendix S to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations, "Uniform Test Method for Measuring the Water Consumption of Faucets and Showerheads", and compliance with those requirements shall be as follows:

(A) Private lavatory faucets and replacement aerators shall not exceed a maximum flow rate of 1.5 gallons per minute at 60 pounds per square inch;

(B) Residential kitchen faucets and replacement aerators shall not exceed a maximum flow rate of 1.8 gallons per minute at 60 pounds per square inch, with optional temporary flow of 2.2 gallons per minute, provided they default to a maximum flow rate of 1.8 gallons per minute at 60 pounds per square inch after each use; and

(C) Public lavatory faucets and replacement aerators shall not exceed a maximum flow rate of 0.5 gallons per minute at 60 pounds per square inch.

(5) Gas fireplaces shall, at a minimum, comply with the following requirements:

(A) Gas fireplaces shall be capable of automatically extinguishing any pilot flame when the main gas burner flame is extinguished;

(B) Gas fireplaces must prevent any ignition source for the main gas burner flame from operating continuously for more than 7 days from last use of the main burner;

(C) Decorative gas fireplaces must have a direct vent configuration, unless marked for replacement use only; and,

(D) Heating gas fireplaces shall have a fireplace efficiency greater than or equal to 50% when tested in accordance with CSA P.4.1-15, "Testing Method for Measuring Fireplace Efficiency".

(6) Large battery charger systems and battery backup or UPS systems shall, at a minimum, meet requirements that are substantially equivalent to the standards authorized and adopted for large battery charger systems and battery backup or UPS systems in California under Sections 25213, 25216.5(d), 25218(e), 25401.9, 25402(a) through 25402(c), and 25960, of the California Public Resources Code, and compliance with those requirements shall, at a minimum, be measured in accordance with test methods that are substantially equivalent to those prescribed under the rules adopted pursuant to those authorities; and, in addition:

(A) The rules adopted by the Agency shall define "large battery charger system" and "battery backup or uninterruptible power supply charger (UPS)" to have the same meaning as under the California authorities cited in this paragraph (6); and

(B) The referenced rules in this paragraph (6) shall be those adopted on or before the effective date of this Act; however, the Director shall have authority to amend the rules so that the definitions of "state-regulated battery charger system", "large battery charger system", and "battery backup or UPS" and the minimum efficiency standards for large battery charger system and battery backup or UPS conform to subsequently adopted modifications in rules authorized and adopted under relevant sections of the California Resources Code, or as authorized under this Act with the minimum standards stated in this paragraph (6).

(7) Portable electric spas shall, at a minimum, meet the requirements of the "American National Standard for Portable Electric Spa Energy Efficiency" (ANSI/APSP/ICC 14-2019).

(8) In-line residential ventilating fans shall, at a minimum, have a fan motor efficacy of no less than 2.8 cubic feet per minute per watt. All other residential ventilating fans shall have a fan motor efficacy of no less than 1.4 cubic feet per minute per watt for airflows less than 90 cubic feet per minute and no less than 2.8 cubic feet per minute per watt for other airflows when tested in accordance with Home Ventilation Institute Publication 916, "HVI Airflow Test Procedure".

(9) Showerheads shall, at a minimum, not exceed a maximum flow rate of 2.0 gallons per minute at 80 pounds per square inch when tested in accordance with Appendix S to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations, "Uniform Test Method for Measuring the Water Consumption of Faucets and Showerheads".

(10) Spray sprinkler bodies that are not specifically excluded from the scope of the U.S. Environmental Protection Agency's Specification for Spray Sprinkler Bodies, Version 1.0, shall, at a minimum, include an integral pressure regulator and shall, at a minimum, meet the water efficiency and performance criteria and other requirements of that specification.

(11) Urinals and water closets, other than those designed and marketed exclusively for use at prisons or mental health facilities, shall, at a minimum, meet the standards shown in subparagraphs (1) to (4) of Appendix T to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations, "Uniform Test Method for Measuring the Water Consumption of Water Closets and Urinals", and water closets shall, at a minimum, pass the waste extraction test for water closets (Section 7.9) of the American Society of Mechanical Engineers (ASME) A112.19.2/CSA B45.1-2018. The minimum standards for urinals and water closets are as follows:

(A) Wall-mounted urinals, except for trough-type urinals, shall, at a minimum, have a maximum flush volume of 0.5 gallons per flush;

(B) Floor-mounted urinals, except for trough-type urinals, shall, at a minimum, have a maximum flush volume of 0.5 gallons per flush; and

(C) Water closets shall, at a minimum, have a maximum flush volume of 1.28 gallons per flush.

(12) Water coolers included in the scope of the ENERGY STAR Program Requirements Product Specification for Water Coolers, Version 2.0, shall, at a minimum, have "On Mode with No Water Draw" energy consumption less than or equal to the following values as measured in accordance with the test requirements of that program:

(A) 0.16 kilowatt-hours per day for cold-only units and cook and cold units;

(B) 0.87 kilowatt-hours per day for storage-type hot and cold units; and

(C) 0.18 kilowatt-hours per day for on-demand hot and cold units.

(d) The Agency may adopt rules to establish increased efficiency standards for the covered products, including any other products as may be designated by the Director. In considering such new or amended standards, the Director shall set efficiency standards upon a determination that increased efficiency standards would serve to promote energy or water conservation in the State and would be cost effective for consumers who purchase and use such new products, provided that no new or increased efficiency standards shall become effective within one year following the adoption of any amended rules establishing such increased efficiency standards.

Section 20. Implementation.

(a) Beginning January 1, 2026, no new covered product may be sold or offered for sale, lease, or rent in the State unless the new product meets the requirements of the standards adopted by the Agency under Section 15.

(b) One year after the date upon which the sale or offering for sale of covered products becomes subject to subsection (a) of this Section, no such products may be installed for compensation in the State unless the efficiency of the new product meets or exceeds the efficiency standards provided under the rules adopted under Section 15.

Section 25. Testing, certification, labeling, and enforcement.

(a) The manufacturers of covered products shall test samples of their products in accordance with the test procedures adopted under this Act. The Agency may adopt rules regarding updated test methods when new versions of test procedures become available.

(b) Manufacturers of covered products shall certify to the Agency, or to an approved third party as determined by the Director, that such products are in compliance with the provisions of this Act. Such certifications shall be based on test results. The Agency shall adopt rules governing the certification of such products and shall coordinate with the certification programs of other states and federal agencies with similar standards.

(c) Manufacturers of new covered products shall identify each product offered for sale or installation in the State as in compliance with the provisions of this Act by means of a mark, label, or tag on the product and packaging at the time of sale or installation. The Agency shall adopt rules governing the identification of such products and packaging, which shall be coordinated to the greatest practical extent with the labeling programs of other states and federal agencies with equivalent efficiency standards. The Agency shall allow the use of existing marks, labels, or tags, which connote compliance with the efficiency requirements of this Act.

(d) The Agency may test covered products. If products so tested are found not to be in compliance with the minimum efficiency standards adopted under Section 15, the Agency shall:

(1) charge the manufacturer of such product for the cost of product purchase and testing, and

(2) make information available to the Attorney General and the public on products found not to be in compliance with the standards.

(e) The Agency may cause periodic inspections to be made of distributors or retailers of new covered products in order to determine compliance with the provisions of this Act. The Agency shall investigate complaints received concerning violations of this Act.

(f) If the Agency finds that any person has committed a violation of any provision of this Act, the Agency shall issue a warning to such person. Any person who commits a violation after the issuance of such warning shall, following notice and an opportunity to be heard, be subject to a civil penalty, issued by the Agency, of up to one hundred dollars for each offense. Any further violations committed by such person after this second violation shall be subject to a civil penalty of not more than $500 for each offense. Each product offered, sold, or distributed in violation of Section 25 of this Act shall constitute a separate violation, each violation shall constitute a separate offense, and each day that such violation occurs shall constitute a separate offense. Penalties assessed under this subsection are in addition to costs assessed under subsection (d) of this Section.

(g) If the Agency finds repeated violations have occurred, it shall refer the matter to the Attorney General. The Attorney General may institute proceedings to seek an injunction in circuit court to enforce the provisions of this Act.

(h) The Agency may adopt any rules necessary to ensure the proper implementation, administration, and enforcement of the provisions of this Act.

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