HB1626 95TH GENERAL ASSEMBLY

LRB095 08699 CMK 28882 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1626

Introduced 2/22/2007, by Rep. Kathleen A. Ryg - Karen May

SYNOPSIS AS INTRODUCED:

New Act

Creates the Illinois Energy Efficient Furnace Act. Sets out the applicability of the Act. Provides that no later than one year after the effective date of this Act, the Department of Commerce and Economic Opportunity shall promulgate rules establishing minimum efficiency standards for residential furnaces. Sets out minimum efficiency standards for residential furnaces. Provides for exceptions to the provisions of this Act. Provides that no later than 6 months after the effective date of this Act, the Department, in consultation with the Attorney General, shall determine if State implementation of residential furnace standards is preempted by federal law. Provides that the Department may adopt rules to establish increased efficiency standards for residential furnaces in the State. Provides for testing and labeling of all residential furnaces sold in the State in order to ensure compliance with the Act. Sets out penalties for violations of the Act. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning energy efficiency.

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 Energy Efficient Furnace Act.

Section 5. Findings.

(a) Home heating accounts for nearly 50% of the energy used in our homes and heating costs for the year 2007 is estimated to be more than $100 billion.

(b) In the Midwest volatile natural gas prices continue to make families vulnerable to unpredictable heating costs.

(c) The Department of Energy's federal standard for furnaces is appropriate for Southern states, but is inadequate for Northern states like Illinois.

(d) An efficient furnace can save a consumer in Illinois $150 to $200 per year in natural gas costs.

(e) A statewide energy efficiency standard for furnaces will save Illinois citizens a significant sum of money every year.

(f) Saving natural gas keeps money in the State and improves the State's economy.

(g) Saving energy through energy efficiency will also reduce harmful pollution that causes global warming and respiratory disease.

Section 10. Definitions. For purposes of this Act:

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

"Department" means the Department of Commerce and Economic Opportunity.

"Electricity ratio" is the ratio of furnace electricity use to total furnace energy use. Electricity ratio = (3.412*EAE)/(1000*EF + 3.412*EAE) where EAE (average annual auxiliary electrical consumption) and EF (average annual fuel energy consumption) are defined in Appendix N to subpart B of part 430 of title 10 of the Code of Federal Regulations and EF is expressed in millions of BTUs per year.

"Residential furnace" means a self-contained space heater designed to supply heated air through ducts longer than 10 inches and that uses only single-phase electric current or DC current in conjunction with natural gas, propane, or home heating oil, and that:

(1) is designed to be the principle heating source for the living space of one or more residences;

(2) is not contained within the same cabinet as a central air conditioner whose rated cooling capacity is above 65,000 BTU per hour; and

(3) has a heat input rate of less than 225,000 BTU per hour.

Section 15. Minimum furnace efficiency standard.

(a) Scope.

(1) The provisions of this Section apply to residential furnaces sold, offered for sale, or installed in the State.

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

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

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

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

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

(b) Efficiency standards.

(1) No later than one year after the effective date of this Act, the Department shall promulgate rules establishing minimum efficiency standards for residential furnaces.

(2) The rules shall provide for the following minimum efficiency standards:

(A) Residential furnaces that use natural gas or propane shall have a minimum Annual Fuel Utilization Efficiency (AFUE) of 90% and a maximum electricity ratio of 2%. AFUE shall be measured in accordance with the federal test method for measuring the energy consumption of furnaces and boilers contained in Appendix N to subpart B of part 430, title 10, Code of Federal Regulations.

(B) The Department may adopt rules to exempt compliance with the foregoing residential furnace AFUE standards at any building, site, or location where complying with the standards would conflict with any local zoning ordinance, building or plumbing code, or other rule regarding installation and venting of residential furnaces or residential boilers.

(c) Implementation.

(1) No later than 6 months after the effective date of this Act, the Department, in consultation with the Attorney General, shall determine if State implementation of residential furnace standards is preempted by federal law. The Department shall make separate determinations with respect to minimum AFUE and maximum electricity ratio standards. If the Department determines that a waiver from federal preemption is not needed, then on January 1, 2009, or on the date that is one year after the effective date of this Act, whichever is later, no new residential furnace may be sold or offered for sale in the State unless the efficiency of the new product meets or exceeds the applicable non-preempted efficiency standards set forth in the rules adopted pursuant to subsection (b) of this Section.

If the Department determines that a waiver from federal preemption is required, then the Department shall apply for a waiver within one year of after that determination. Upon approval of the federal waiver application, the applicable State standards shall go into effect at the earliest date permitted by federal law.

(2) One year after the effective date of this Section, as determined in item (1) of this subsection, no residential furnace may be installed for compensation in the State unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the rules adopted pursuant to subsection (b) of this Section.

(d) New and revised standards. The Department may adopt rules, in accordance with the Illinois Administrative Procedure Act, to establish increased efficiency standards for residential furnaces. In considering new or amended standards, the Department, in consultation with the other State agencies, shall set efficiency standards upon a determination that increased efficiency standards would serve to promote energy conservation in the State and would be cost-effective for consumers who purchase and use the new products, provided that no new or increased efficiency standards shall become effective within one year following the adoption of any amended rules establishing increased efficiency standards. The Department may apply for a waiver of federal preemption in accordance with federal procedures for State efficiency standards for any product regulated by the federal government.

(e) Testing, certification, labeling and enforcement.

(1) The manufacturers of residential furnaces shall test products in accordance with the test procedures adopted pursuant to this Act or those specified in the State Building Code. The Department, in consultation with other State agencies, shall adopt test procedures for determining the energy efficiency of residential furnaces if the test procedures provided for in this Act are inappropriate. The Department shall adopt U.S. Department of Energy approved test methods, or in the absence of U.S. Department of Energy approved test methods, other appropriate nationally recognized test methods. The Department may adopt updated test methods when new versions of test procedures become available.

(2) Manufacturers of residential furnaces shall certify to the Department that residential furnaces are in compliance with the provisions of this Act. Certifications shall be based on test results. The Department shall promulgate rules governing the certification of residential furnaces and shall coordinate with the certification programs of other states and federal agencies with similar standards.

(3) Manufacturers of residential furnaces 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 Department shall promulgate rules governing the identification of residential furnaces 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 Department shall allow the use of existing marks, labels, or tags that indicate compliance with the efficiency requirements of this Act.

(4) The Department may test residential furnaces. If tested furnaces are found not to be in compliance with established minimum efficiency standards the Department shall:

(A) charge the manufacturer of the furnace for the cost of product purchase and testing; and

(B) make information available to the public on furnaces found in violation with the standards.

(5) With prior notice and at reasonable and convenient hours, the Department may cause periodic inspections to be made of distributors or retailers of residential furnaces in order to determine compliance with the provisions of this Act. The Department shall also coordinate with building contractors regarding inspections prior to occupancy of newly constructed buildings containing new products that are also covered by the applicable building code.

(6) The Department shall investigate complaints received concerning violations of this Act and shall report the results of investigations to the Attorney General. The Attorney General may institute proceedings to enforce the provisions of this Act. Any manufacturer, distributor, or retailer, or any person who installs a product covered by this Act for compensation, who violates any provision of this Act shall be issued a warning by the Department for any first violation. Repeat violations shall be subject to a civil penalty of not more than $250 imposed by the Department. Each violation shall constitute a separate offense, and each day that a violation continues shall constitute a separate offense. Penalties assessed under this paragraph are in addition to costs assessed under this Section.

(7) The Department may adopt rules as necessary to insure the proper implementation and enforcement of the provisions of this Act.

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

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