103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3181

 

Introduced 2/6/2024, by Sen. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the 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.


LRB103 39253 BDA 69405 b

 

 

A BILL FOR

 

SB3181LRB103 39253 BDA 69405 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Appliance Standards Act.
 
6    Section 5. Findings. The General Assembly finds that:
7        (1) Efficiency standards for certain products sold or
8    installed in the State assure consumers and businesses
9    that the products meet minimum efficiency performance
10    levels, thus reducing energy and water waste and saving
11    consumers and businesses money on utility bills.
12        (2) Such efficiency standards save energy and reduce
13    climate-changing emissions and other environmental impacts
14    associated with the production, distribution, and use of
15    electricity, natural gas, and related fuels.
16        (3) Such efficiency standards save water, mitigating
17    the effects of short-term and long-term droughts and
18    helping to conserve fresh water supplies.
19        (4) Utility Bill savings resulting from more efficient
20    products benefit all consumers but are especially
21    important to low-income families, who spend a
22    disproportionate share of their income on utilities.
23    Efficiency standards also help the State and local

 

 

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1    economies because bill savings can be spent on local goods
2    and services.
3        (5) Energy and water savings help reduce or delay the
4    need for expensive investments in new power plants,
5    transmission lines, and distribution system upgrades, new
6    and expanded gas pipelines, and water and sewer
7    infrastructure improvements.
 
8    Section 10. Definitions. In this Act:
9    "Agency" means the Environmental Protection Agency
10established by the Environmental Protection Act.
11    "Automatic irrigation controller" means a device used to
12remotely control valves that operate a landscape irrigation
13system. Such devices include, but are not limited to,
14weather-based irrigation controllers, soil moisture-based
15irrigation controllers, and timer-based irrigation
16controllers, whether configured as a standalone controller, a
17base controller, an add-on device, or a plug-in device.
18"Automatic irrigation controller" does not include irrigation
19control devices designed for attachment to a hose bib or a hose
20end or those designed and marketed for agricultural purposes.
21    "Battery backup" or "uninterruptible power supply charger"
22or "UPS" means a small battery charger system that is voltage
23and frequency dependent (VFD) and designed to provide power to
24an end-use product in the event of a power outage, and includes
25a UPS as defined in IEC 62040-3 (2nd edition). The output of

 

 

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1the VFD UPS is dependent on changes in AC input voltage and
2frequency and is not intended to provide additional corrective
3functions, such as those relating to the use of tapped
4transformers.
5    "Cold-only units" means units that dispense cold water
6only.
7    "Compensation" means money or any other valuable thing,
8regardless of form, received or to be received by a person for
9services rendered.
10    "Cook-and-cold units" means units that dispense both cold
11and room-temperature water.
12    "Covered product" means:
13        (1) automatic irrigation controllers;
14        (2) computers and computer monitors;
15        (3) faucets;
16        (4) gas fireplaces;
17        (5) portable electric spas;
18        (6) residential ventilating fans;
19        (7) showerheads;
20        (8) spray sprinkler bodies;
21        (9) state-regulated battery charger systems;
22        (10) urinals;
23        (11) water closets;
24        (12) water coolers; or
25        (13) any other products as may be designated by the
26    Director in accordance with Section 15.

 

 

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1    "Director" means the Director of the Environmental
2Protection Agency.
3    "Decorative gas fireplace" means a vented fireplace,
4including appliances that are freestanding, recessed, zero
5clearance, or a gas fireplace insert, that is fueled by
6natural gas or propane, is marked for decorative use only, and
7is not equipped with a thermostat or intended for use as a
8heater.
9    "Faucet" means a private lavatory faucet, residential
10kitchen faucet, metering faucet, public lavatory faucet, or
11replacement aerator for a private lavatory, public lavatory or
12residential kitchen faucet.
13    "Gas fireplace" means a decorative gas fireplace or a
14heating gas fireplace.
15    "Hand-held showerhead" means a showerhead that can be held
16or fixed in place for the purpose of spraying water onto a
17bather and that is connected to a flexible hose.
18    "Heating gas fireplace" means a vented fireplace,
19including appliances that are freestanding, recessed, zero
20clearance, or a gas fireplace insert, that is fueled by
21natural gas or propane and is not a decorative fireplace.
22    "Hot-and-cold units" dispense both hot and cold water.
23Some units also offer room-temperature water.
24    "Large battery charger system" means a State-regulated
25battery charger system (other than a battery charger system
26for golf carts) with a rated input power of more than 2

 

 

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1kilowatts.
2    "Metering faucet" means a self-closing faucet that
3dispenses a specific volume of water for each actuation cycle.
4The volume or cycle duration can be fixed or adjustable.
5    "On-demand, hot-and-cold unit" means a unit that heats and
6cools water as it is requested.
7    "Public lavatory faucet" means a fitting designed to be
8installed in nonresidential bathrooms that are exposed to
9walk-in traffic.
10    "Person" means:
11        (1) any individual; or
12        (2) any corporation, company, association, firm,
13    partnership, society, trust, joint venture, or joint stock
14    company.
15    "Plumbing fixture" means an exchangeable device, which
16connects to a plumbing system to deliver and drain away water
17and waste.
18    "Portable electric spa" means a factory-built electric spa
19or hot tub which may or may not include any combination of
20integral controls, water heating or water circulating
21equipment.
22    "Pressure regulator" means a device that maintains
23constant operating pressure immediately downstream from the
24device, given higher pressure upstream.
25    "Replacement aerator" means an aerator sold as a
26replacement, separate from the faucet to which it is intended

 

 

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1to be attached.
2    "Residential ventilating fan" means a ceiling or
3wall-mounted fan, or remotely mounted in-line fan, designed to
4be used in a bathroom or utility room for the purpose of moving
5air from inside the building to the outdoors.
6    "Showerhead" means a component or set of components
7distributed in commerce for attachment to a single supply
8fitting, for spraying water onto a bather, typically from an
9overhead position, excluding safety shower showerheads.
10    "Spray sprinkler body" means the exterior case or shell of
11a sprinkler incorporating a means of connection to the piping
12system designed to convey water to a nozzle or orifice.
13    "State-regulated battery charger system" means a battery
14charger coupled with its batteries or battery chargers coupled
15with their batteries, which together are referred to as
16State-regulated battery charger systems. This term covers all
17rechargeable batteries or devices incorporating a rechargeable
18battery and the chargers used with them. Battery charger
19systems include, but are not limited to:
20        (1) electronic devices with a battery that are
21    normally charged from AC line voltage or DC input voltage
22    through an internal or external power supply and a
23    dedicated battery charger;
24        (2) the battery and battery charger components of
25    devices that are designed to run on battery power during
26    part or all of their operations;

 

 

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1        (3) dedicated battery systems primarily designed for
2    electrical or emergency backup; and
3        (4) devices whose primary function is to charge
4    batteries, along with the batteries they are designed to
5    charge. These units include chargers for power tool
6    batteries and chargers for automotive, AA, AAA, C, D, or 9
7    V rechargeable batteries, as well as chargers for
8    batteries used in larger industrial motive equipment and à
9    la carte chargers.
10    The charging circuitry of battery charger systems may or
11may not be located within the housing of the end-use device
12itself. In many cases, the battery may be charged with a
13dedicated external charger and power supply combination that
14is separate from the device that runs on power from the
15battery. State-regulated battery charger systems do not
16include federally regulated battery chargers that are covered
17under standards in 10 CFR 430.32(z).
18    "Storage-type, hot-and-cold units" means units that store
19thermally conditioned water in a tank and make that water
20available instantaneously. Point-of-use coolers, dry storage
21compartment coolers, and bottled water coolers are included in
22this category.
23    "Trough-type urinal" means a urinal designed for
24simultaneous use by 2 or more persons.
25    "Urinal" means a plumbing fixture that receives only
26liquid body waste and conveys the waste through a trap into a

 

 

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1drainage system.
2    "Water closet" means a plumbing fixture having a
3water-containing receptor that receives liquid and solid body
4waste through an exposed integral trap into a drainage system.
5    "Water cooler" means a freestanding device that consumes
6energy to cool and heat potable water.
 
7    Section 15. Minimum efficiency standards; administrative
8rulemaking.
9    (a) Not later than one year after the effective date of
10this Act, the Agency shall adopt rules establishing minimum
11efficiency standards for all covered products, except as
12provided in subsection (b).
13    (b) The provisions of this Act do not apply to:
14        (1) new products manufactured in the State and sold
15    outside the State;
16        (2) new products manufactured outside the State and
17    sold at wholesale inside the State for final retail sale
18    and installation outside the State;
19        (3) products installed in mobile manufactured homes at
20    the time of construction; or
21        (4) products designed expressly for installation and
22    use in recreational vehicles.
23    (c) The rules adopted by the Agency under subsection (a)
24shall provide for the following minimum efficiency standards:
25        (1) Automatic irrigation controllers shall, at a

 

 

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1    minimum, meet the water efficiency and performance
2    criteria included within the U.S. Environmental Protection
3    Agency's Specification for Weather-Based Irrigation
4    Controllers, Version 1.1, or its Specification for Soil
5    Moisture-Based Irrigation Controllers, Version 1.0.
6        (2) Computers and computer monitors shall, at a
7    minimum, meet requirements that are substantially
8    equivalent to the standards authorized and adopted for
9    computers and computer monitors in California under
10    Sections 25213, 25218(e), 25216.5(d), 25401.9, 25402(a)
11    through 25402(c), and 25960, of the California Public
12    Resources Code, and compliance with those requirements
13    shall, at a minimum, be as measured in accordance with
14    test methods that are substantially equivalent to the
15    rules adopted pursuant to those authorities; and, in
16    addition:
17            (A) The rules adopted by the Agency shall define
18        "computer" and "computer monitor" to have the same
19        meaning as under the California authorities cited in
20        this paragraph (2); and
21            (B) The Agency shall have authority to amend the
22        rules so that the definitions of "computer" and
23        "computer monitor" and the minimum efficiency
24        standards for computers and computer monitors conform
25        to subsequently adopted modifications in rules
26        authorized and adopted under relevant sections of the

 

 

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1        California Resources Code, or as authorized under this
2        Act with the minimum standards stated in this
3        paragraph (2).
4        (3) (Blank).
5        (4) Faucets, except for metering faucets, shall, at a
6    minimum, meet the standards shown in this paragraph when
7    tested in accordance with Appendix S to Subpart B of Part
8    430 of Title 10 of the Code of Federal Regulations,
9    "Uniform Test Method for Measuring the Water Consumption
10    of Faucets and Showerheads", and compliance with those
11    requirements shall be as follows:
12            (A) Private lavatory faucets and replacement
13        aerators shall not exceed a maximum flow rate of 1.5
14        gallons per minute at 60 pounds per square inch;
15            (B) Residential kitchen faucets and replacement
16        aerators shall not exceed a maximum flow rate of 1.8
17        gallons per minute at 60 pounds per square inch, with
18        optional temporary flow of 2.2 gallons per minute,
19        provided they default to a maximum flow rate of 1.8
20        gallons per minute at 60 pounds per square inch after
21        each use; and
22            (C) Public lavatory faucets and replacement
23        aerators shall not exceed a maximum flow rate of 0.5
24        gallons per minute at 60 pounds per square inch.
25        (5) Gas fireplaces shall, at a minimum, comply with
26    the following requirements:

 

 

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1            (A) Gas fireplaces shall be capable of
2        automatically extinguishing any pilot flame when the
3        main gas burner flame is extinguished;
4            (B) Gas fireplaces must prevent any ignition
5        source for the main gas burner flame from operating
6        continuously for more than 7 days from last use of the
7        main burner;
8            (C) Decorative gas fireplaces must have a direct
9        vent configuration or power vent configuration, unless
10        marked for replacement use only; and,
11            (D) Heating gas fireplaces shall have a fireplace
12        efficiency greater than or equal to 50% when tested in
13        accordance with CSA P.4.1-15, "Testing Method for
14        Measuring Fireplace Efficiency", as amended or
15        revised.
16        (6) Large battery charger systems and battery backup
17    or UPS systems shall, at a minimum, meet requirements that
18    are substantially equivalent to the standards authorized
19    and adopted for large battery charger systems and battery
20    backup or UPS systems in California under Sections 25213,
21    25216.5(d), 25218(e), 25401.9, 25402(a) through 25402(c),
22    and 25960, of the California Public Resources Code, and
23    compliance with those requirements shall, at a minimum, be
24    measured in accordance with test methods that are
25    substantially equivalent to those prescribed under the
26    rules adopted pursuant to those authorities; and, in

 

 

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1    addition:
2            (A) The rules adopted by the Agency shall define
3        "large battery charger system" and "battery backup or
4        uninterruptible power supply charger (UPS)" to have
5        the same meaning as under the California authorities
6        cited in this paragraph (6); and
7            (B) The referenced rules in this paragraph (6)
8        shall be those adopted on or before the effective date
9        of this Act; however, the Director shall have
10        authority to amend the rules so that the definitions
11        of "state-regulated battery charger system", "large
12        battery charger system", and "battery backup or UPS"
13        and the minimum efficiency standards for large battery
14        charger system and battery backup or UPS conform to
15        subsequently adopted modifications in rules authorized
16        and adopted under relevant sections of the California
17        Resources Code, or as authorized under this Act with
18        the minimum standards stated in this paragraph (6).
19        (7) Portable electric spas shall, at a minimum, meet
20    the requirements of the "American National Standard for
21    Portable Electric Spa Energy Efficiency" (ANSI/APSP/ICC
22    14-2019).
23        (8) In-line residential ventilating fans shall, at a
24    minimum, have a fan motor efficacy of no less than 2.8
25    cubic feet per minute per watt. All other residential
26    ventilating fans shall have a fan motor efficacy of no

 

 

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1    less than 1.4 cubic feet per minute per watt for airflows
2    less than 90 cubic feet per minute and no less than 2.8
3    cubic feet per minute per watt for other airflows when
4    tested in accordance with Home Ventilation Institute
5    Publication 916, "HVI Airflow Test Procedure".
6        (9) Showerheads shall, at a minimum, not exceed a
7    maximum flow rate of 2.0 gallons per minute at 80 pounds
8    per square inch when tested in accordance with Appendix S
9    to Subpart B of Part 430 of Title 10 of the Code of Federal
10    Regulations, "Uniform Test Method for Measuring the Water
11    Consumption of Faucets and Showerheads".
12        (10) Spray sprinkler bodies that are not specifically
13    excluded from the scope of the U.S. Environmental
14    Protection Agency's Specification for Spray Sprinkler
15    Bodies, Version 1.0, shall, at a minimum, include an
16    integral pressure regulator and shall, at a minimum, meet
17    the water efficiency and performance criteria and other
18    requirements of that specification.
19        (11) Urinals and water closets, other than those
20    designed and marketed exclusively for use at prisons or
21    mental health facilities, shall, at a minimum, meet the
22    standards shown in subparagraphs (A) to (C) when tested in
23    accordance with Appendix T to Subpart B of Part 430 of
24    Title 10 of the Code of Federal Regulations, "Uniform Test
25    Method for Measuring the Water Consumption of Water
26    Closets and Urinals", and water closets shall, at a

 

 

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1    minimum, pass the waste extraction test for water closets
2    (Section 7.9) of the American Society of Mechanical
3    Engineers (ASME) A112.19.2/CSA B45.1-2018. The minimum
4    standards for urinals and water closets are as follows:
5            (A) Wall-mounted urinals, except for trough-type
6        urinals, shall, at a minimum, have a maximum flush
7        volume of 0.5 gallons per flush;
8            (B) Floor-mounted urinals, except for trough-type
9        urinals, shall, at a minimum, have a maximum flush
10        volume of 0.5 gallons per flush; and
11            (C) Water closets shall, at a minimum, have a
12        maximum flush volume of 1.28 gallons per flush.
13        (12) Water coolers included in the scope of the ENERGY
14    STAR Program Requirements Product Specification for Water
15    Coolers, Version 2.0, shall, at a minimum, have "On Mode
16    with No Water Draw" energy consumption less than or equal
17    to the following values as measured in accordance with the
18    test requirements of that program:
19            (A) 0.16 kilowatt-hours per day for cold-only
20        units and cook and cold units;
21            (B) 0.87 kilowatt-hours per day for storage-type,
22        hot-and-cold units; and
23            (C) 0.18 kilowatt-hours per day for on-demand,
24        hot-and-cold units.
25    (d) The Agency may adopt rules to establish more stringent
26efficiency standards for the covered products, including any

 

 

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1other products as may be designated by the Director. In
2considering such new or amended standards, the Director shall
3set efficiency standards upon a determination that more
4stringent efficiency standards would serve to promote energy
5or water conservation in the State and would be cost effective
6for consumers who purchase and use such new products, provided
7that no new or more stringent efficiency standards shall
8become effective within one year following the adoption of any
9amended rules establishing such more stringent efficiency
10standards.
 
11    Section 20. Implementation.
12    (a) Beginning January 1, 2026, no new covered product may
13be sold or offered for sale, lease, or rent in the State unless
14the new product meets the requirements of the standards
15adopted by the Agency under Section 15.
16    (b) One year after the date upon which the sale or offering
17for sale of covered products becomes subject to subsection (a)
18of this Section, no such products may be installed for
19compensation in the State unless the efficiency of the new
20product meets or exceeds the efficiency standards provided
21under the rules adopted under Section 15.
 
22    Section 25. Testing, certification, labeling, and
23enforcement.
24    (a) The manufacturers of covered products shall test

 

 

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1samples of their products in accordance with the test
2procedures adopted under this Act. The Agency may adopt rules
3regarding updated test methods when new versions of test
4procedures become available.
5    (b) Manufacturers of covered products shall certify to the
6Agency, or to an approved third party as determined by the
7Director, that such products are in compliance with the
8provisions of this Act. Such certifications shall be based on
9test results. The Agency shall adopt rules governing the
10certification of such products and shall coordinate with the
11certification programs of other states and federal agencies
12with similar standards.
13    (c) Manufacturers of new covered products shall identify
14each product offered for sale or installation in the State as
15in compliance with the provisions of this Act by means of a
16mark, label, or tag on the product and packaging at the time of
17sale or installation. The Agency shall adopt rules governing
18the identification of such products and packaging, which shall
19be coordinated to the greatest practical extent with the
20labeling programs of other states and federal agencies with
21equivalent efficiency standards. The Agency shall allow the
22use of existing marks, labels, or tags, which connote
23compliance with the efficiency requirements of this Act.
24    (d) The Agency may test covered products. If products so
25tested are found not to be in compliance with the minimum
26efficiency standards adopted under Section 15, the Agency

 

 

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1shall:
2        (1) charge the manufacturer of such product for the
3    cost of product purchase and testing, and
4        (2) make information available to the Attorney General
5    and the public on products found not to be in compliance
6    with the standards.
7    (e) The Agency may cause periodic inspections to be made
8of distributors or retailers of new covered products in order
9to determine compliance with the provisions of this Act. The
10Agency may investigate complaints received concerning
11violations of this Act.
12    (f) If the Agency finds that any person has committed a
13violation of any provision of this Act, the Agency may issue a
14warning to such person. Any person who commits a violation
15after the issuance of such warning may, following notice and
16an opportunity to be heard, be subject to a civil penalty,
17issued by the Agency, of up to one hundred dollars for each
18offense. Any further violations committed by such person after
19this second violation may be subject to a civil penalty of not
20more than $500 for each offense. Each product offered, sold,
21or distributed in violation of Section 25 of this Act may
22constitute a separate violation, each violation may constitute
23a separate offense, and each day that such violation occurs
24may constitute a separate offense. Penalties assessed under
25this subsection are in addition to costs assessed under
26subsection (d) of this Section.

 

 

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1    (g) If the Agency finds repeated violations have occurred,
2it may refer the matter to the Attorney General. The Attorney
3General may institute proceedings to seek an injunction in
4circuit court to enforce the provisions of this Act.
5    (h) The Agency may adopt any rules necessary to ensure the
6proper implementation, administration, and enforcement of the
7provisions of this Act.
 
8    Section 97. Severability. The provisions of this Act are
9severable under Section 1.31 of the Statute on Statutes.