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 SB1380 Engrossed -2- LRB093 06768 AMC 06906 b 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 SB1380 Engrossed -3- LRB093 06768 AMC 06906 b 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 SB1380 Engrossed -4- LRB093 06768 AMC 06906 b 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: SB1380 Engrossed -5- LRB093 06768 AMC 06906 b 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. SB1380 Engrossed -7- LRB093 06768 AMC 06906 b 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 SB1380 Engrossed -8- LRB093 06768 AMC 06906 b 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. SB1380 Engrossed -9- LRB093 06768 AMC 06906 b 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.