HB3658 101ST GENERAL ASSEMBLY

LRB101 09564 CPF 54662 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3658

Introduced , by Rep. Robyn Gabel

SYNOPSIS AS INTRODUCED:

New Act

Creates the Minimum Energy and Water Efficiency Standards Act. Provides that the Agency shall adopt rules establishing minimum efficiency standards for the types of new products. Provides that the rules shall provide for specified minimum efficiency standards. Provides specified dates for the implementation of efficiency standards relating to particular products. Provides that the Agency may adopt new rules increasing efficiency standards. Provides protection against repeal of federal standards. Provides penalties for noncompliance with the Act. Provides that the Act's provisions are severable.

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 Minimum Energy and Water Efficiency 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 such products meet minimum efficiency performance levels, thus reducing energy and water waste and saving consumers and businesses money on utility bills.

(2) Efficiency standards contribute to the economy of this State by helping to better balance supply and demand for both energy and water, thus reducing pressure that creates higher natural gas, electricity, and water prices. By saving consumers and businesses money on utility bills, efficiency standards help the State and local economy, since utility bill savings can be spent on local goods and services.

(3) Such efficiency standards save energy and thus reduce pollution and other environmental impacts associated with the production, distribution, and use of electricity, natural gas, and other fuels.

(4) Such water efficiency standards save water and thus reduce the strain on the water supply. Furthermore, improved water efficiency can reduce or delay the need for water and sewer infrastructure improvements.

(5) Such efficiency standards can make electricity and natural gas systems more reliable by reducing the strain on systems during peak demand periods. Furthermore, improved efficiency can reduce or delay the need for new power plants, power transmission lines, and power distribution system upgrades as well as new and expanded gas pipelines.

Section 10. Definitions. In this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Air compressor" means a compressor designed to compress air that has an inlet open to the atmosphere or other source of air, and is made up of a compression element (bare compressor), driver(s), mechanical equipment to drive the compressor element, and any ancillary equipment.

"Air purifier," also known as "room air cleaner," means an electric, cord-connected, portable appliance with the primary function of removing particulate matter from the air and which can be moved from room to room.

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

"Commercial dishwasher" means a machine designed to clean and sanitize plates, pots, pans, glasses, cups, bowls, utensils, and trays by applying sprays of detergent solution (with or without blasting media granules) and a sanitizing rinse.

"Commercial fryer" means an appliance, including a cooking vessel, in which oil is placed to such a depth that the cooking food is essentially supported by displacement of the cooking fluid rather than by the bottom of the vessel. Heat is delivered to the cooking fluid by means of an immersed electric element of band-wrapped vessel (electric fryers) or by heat transfer from gas burners through either the walls of the fryer or through tubes passing through the cooking fluid (gas fryers).

"Commercial hot-food holding cabinet" means a heated, fully enclosed compartment with one or more solid or transparent doors designed to maintain the temperature of hot food that has been cooked using a separate appliance. "Commercial hot-food holding cabinet" does not include heated glass merchandizing cabinets, drawer warmers, or cook-and-hold appliances.

"Commercial steam cooker," also known as "compartment steamer," means a device with one or more food-steaming compartments in which the energy in the steam is transferred to the food by direct contact. Models may include countertop models, wall-mounted models, and floor models mounted on a stand, pedestal, or cabinet-style base.

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

"Compressor" means a machine or apparatus that converts different types of energy into the potential energy of gas pressure for displacement and compression of gaseous media to any higher-pressure values above atmospheric pressure and has a pressure ratio at full-load operating pressure greater than 1.3.

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

"Dual-duct portable air conditioner" means a portable air conditioner that draws some or all of the condenser inlet air from outside the conditioned space through a duct attached to an adjustable window bracket, may draw additional condenser inlet air from the conditioned space, and discharges the condenser outlet air outside the conditioned space by means of a separate duct attached to an adjustable window bracket.

"Dual-flush effective flush volume" means the average flush volume of two reduced flushes and one full flush.

"Dual-flush water closet" means a water closet incorporating a feature that allows the user to flush the water closet with either a reduced or a full volume of water.

"Faucet" means a lavatory faucet, kitchen faucet, metering faucet, public lavatory faucet, or replacement aerator for a lavatory, public lavatory or kitchen faucet.

"General service lamp" has the same meaning as set forth in the action published at 82 Fed. Reg. 7276, 7321-22 (January 19, 2017) and modified by the action published at 82 Fed. Reg. 7322, 7333 (January 19, 2017).

"Hand-held shower" 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.

"High color rendering index fluorescent lamp" or "CRI fluorescent lamp" means a fluorescent lamp with a color rendering index of 87 or greater that is not a compact fluorescent lamp.

"Hot and cold units" means units that dispense both hot and cold water. Some units also offer room- temperature water.

"Industrial air purifier" means an indoor air cleaning device manufactured, advertised, marketed, labeled, and used solely for industrial use that are marketed solely through industrial supply outlets or businesses and prominently labeled as "Solely for industrial use. Potential health hazard: emits ozone."

"Metering faucet" means a fitting that, when turned on, will gradually shut itself off over a period of several seconds.

"On demand" means the water cooler heats water as it is requested, which typically takes a few minutes to deliver.

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

"Portable air conditioner" means a portable encased assembly, other than a packaged terminal air conditioner, room air conditioner, or dehumidifier, that delivers cooled, conditioned air to an enclosed space, and is powered by single-phase electric current. It includes a source of refrigeration and may include additional means for air circulation and heating and may be a single-duct or a dual-duct portable air conditioner.

"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.

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

"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, wall-mounted, or remotely mounted in-line fan designed to be used in a bathroom or utility room, whose purpose is to move air from inside the building to the outdoors.

"Showerhead" means a device through which water is discharged for a shower bath and includes a hand-held showerhead but does not include a safety shower showerhead.

"Single-duct portable air conditioner" means a portable air conditioner that draws all of the condenser inlet air from the conditioned space without the means of a duct and discharges the condenser outlet air outside the conditioned space through a single duct attached to an adjustable window bracket.

"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.

"Storage-type" means thermally conditioned water is stored in a tank in the water cooler and is available instantaneously. Point-of-use, dry storage compartment, and bottled water coolers are included in this category.

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

"Uninterruptible power supply" means a battery charger consisting of a combination of convertors, switches and energy storage devices (such as batteries), constituting a power system for maintaining continuity of load power in case of input power failure.

"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 or heat potable water.

Section 15. Scope.

(a) The provisions of this Act apply to:

(1) air compressors;

(2) air purifiers;

(3) commercial dishwashers;

(4) commercial fryers;

(5) commercial hot-food holding cabinets;

(6) commercial steam cookers;

(7) computers and computer monitors;

(8) faucets;

(9) general service lamps;

(10) high CRI fluorescent lamps;

(11) portable air conditioners;

(12) portable electric spas;

(13) residential ventilating fans;

(14) showerheads;

(15) spray sprinkler bodies;

(16) uninterruptible power supplies;

(17) urinals;

(18) water closets;

(19) water coolers; and

(20) any other products as may be designated by the Agency in accordance with Section 30 or under Section 40.

(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;

(3) sale and installation outside the State;

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

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

Section 20. Standards.

(a) Not later than one year after the effective date of this Act, the Agency shall adopt rules establishing minimum efficiency standards for the types of new products set forth in Section 15.

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

(1) Air compressors that meet the twelve criteria listed on page 350 to 351 of the "Energy Conservation Standards for Air Compressors" final rule issued by the U.S. Department of Energy on December 5, 2016 shall meet the requirements in Table 1 on page 352 following the instructions on page 353 and as measured in accordance with Appendix A to Subpart T of Part 431 of Title 10 of the Code of Federal Regulations —"Uniform Test Method for Certain Air Compressors"—as in effect on July 3, 2017.

(2) Air purifiers, except industrial air purifiers, shall meet the following requirements as measured in accordance with the ENERGY STAR Program Requirements Product Specification for Room Air Cleaners, Version 1.2:

(A) clean air delivery rate (CADR) for dust shall be 50 or greater;

(B) CADR/Watt for dust shall be equal to or greater than 2.0;

(C) for ozone-emitting models, measured ozone shall be less than or equal to 50 parts per billion (ppb); and

(D) standby power shall not exceed 2 watts.

(3) Commercial dishwashers included in the scope of the ENERGY STAR Program Requirements Product Specification for Commercial Dishwashers, Version 2.0, shall meet the qualification criteria of that specification.

(4) Commercial fryers included in the scope of the ENERGY STAR Program Requirements Product Specification for Commercial Fryers, Version 2.0, shall meet the qualification criteria of that specification.

(5) Commercial hot-food holding cabinets shall have a maximum idle energy rate of 40 watts per cubic foot of interior volume, as determined by the "idle energy rate-dry test" in ASTM Standard F2140-11, "Test Method for the Performance of Hot Food Holding Cabinets", published by ASTM International. Interior volume shall be measured as prescribed in the ENERGY STAR Program Requirements Product Specification for Commercial Hot Food Holding Cabinets, Version 2.0.

(6) Commercial steam cookers shall meet the requirements of the ENERGY STAR Program Requirements Product Specification for Commercial Steam Cookers, Version 1.2.

(7) Faucets, except for metering faucets, shall 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 and compliance with those requirements shall be — "Uniform Test Method for Measuring the Water Consumption of Faucets and Showerheads"—as in effect on January 3, 2017.

(A) 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 8pm 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.

(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.

(8) General service lamps shall meet or exceed a lamp efficacy of 45 lumens per watt, when tested in accordance with the applicable federal test procedures for general service lamps, prescribed in Section 430.23(gg) of Title 10 of the Code of Federal Regulations as in effect on January 3, 2017.

(9) High CRI fluorescent lamps shall meet the minimum efficacy requirements contained in Section 430.32(n)(4) of Title 10 of the Code of Federal Regulations as in effect on January 3, 2017, as measured in accordance with Appendix R to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations—"Uniform Test Method for Measuring Average Lamp Efficacy, Color Rendering Index, and Correlated Color Temperature of Electric Lamps"—as in effect on January 3, 2017.

(10) Portable air conditioners shall have a Combined Energy Efficiency Ratio, as measured in accordance with Appendix CC to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations—"Uniform Test Method for Measuring the Energy Consumption of Portable Air Conditioners"—as in effect on January 3, 2017, that is greater than or equal to:

1.04 x (SACC/(3.7117 x SACC ^0.6384 ))

where SACC is Seasonally Adjusted Cooling Capacity in Btu/h.

(11) Portable electric spas shall meet the requirements of the "American National Standard for Portable Electric Spa Energy Efficiency".

(12) Residential ventilating fans shall meet the qualification criteria of the ENERGY STAR Program Requirements Product Specification for Residential Ventilating Fans, Version 3.2.

(13) Showerheads shall not exceed a maximum flow rate of 2.0 gallons per minute at 80 pounds per square feet when tested in accordance with Appendix S to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations and compliance with those requirements shall be "Uniform Test Method for Measuring the Water Consumption of Faucets and Showerheads"—as in effect on January 3, 2017.

(14) Spray sprinkler bodies that are not specifically excluded from the scope of the WaterSense Specification for Spray Sprinkler Bodies, Version 1.0, shall include an integral pressure regulator and shall meet the water efficiency and performance criteria and other requirements of that specification.

(15) Uninterruptible power supplies that utilize a NEMA 1-15P or 5-15P input plug and have an AC output shall have an average load adjusted efficiency that meets or exceed the values shown on page 193 of the pre-publication final rule "Energy Conservation Program: Energy Conservation Standards for Uninterruptible Power Supplies" issued by the U.S. Department of Energy on December 28, 2016, as measured in accordance with test procedures prescribed in Appendix Y to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations—"Uniform Test Method for Measuring the Energy Consumption of Battery Chargers"—as in effect on January 11, 2017.

(16) Urinals and water closets, other than those designed and marketed exclusively for use at prisons or mental health facilities, shall meet the standards shown in paragraphs (1) through (4) when tested in accordance with 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"—as in effect on January 3, 2017, and water closets shall pass the waste extraction test for water closets of the American Society of Mechanical Engineers A112.19.2/CSA B45.1-2013.

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

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

(C) Water closets, except for dual-flush tank-type water closets, shall have a maximum flush volume of 1.28 gallons per flush.

(D) Dual-flush tank-type water closets shall have a maximum dual flush effective flush volume of 1.28 gallons per flush.

(17) Water coolers included in the scope of the ENERGY STAR Program Requirements Product Specification for Water Coolers, Version 2.0, shall have on mode with no water draw energy consumption less than or equal 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.

Section 25. Implementation.

(a) On or after January 1, 2021, no new air purifier, commercial dishwasher, commercial fryer, commercial hot-food holding cabinet, commercial steam cooker, computer or computer monitor, faucet, high Color Rendering Index (CRI) fluorescent lamp, portable electric spa, residential ventilating fan, showerhead, spray sprinkler body, uninterruptible power supply, urinal, water closet, or water cooler may be sold or offered for sale, lease, or rent in the State unless the efficiency of the new product meets or exceeds the efficiency standards provided in Section 20.

(b) No later than 6 months from the effective date of this Act, and as necessary thereafter, the Agency shall determine which general service lamps are subject to federal preemption. On or after January 1, 2020, no general service lamp that is not subject to federal preemption may be sold or offered for sale in the State unless the efficiency of the new product meets or exceeds the efficiency standards provided in Section 20.

(c) On or after January 1, 2022, no new air compressor may be sold or offered for sale, lease, or rent in the State unless the efficiency of the new product meets or exceeds the efficiency standards provided in Section 20.

(d) On or after February 1, 2022, no new portable air conditioner may be sold or offered for sale, lease, or rent in the State unless the efficiency of the new product meets or exceeds the efficiency standards provided in Section 20.

(e) One year after the date upon which the sale or offering for sale of certain products becomes subject to the requirements of subsections (a), (b), (c), or (d) 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 in Section 20.

Section 30. New and revised standards. The Agency may adopt rules, in accordance with the provisions of Illinois Administrative Procedure Act, to establish increased efficiency standards for the products listed or incorporated in Section 15. The Agency may also establish standards for products not specifically listed in Section 15.

Section 35. Protection against repeal of federal standards.

(a) If any of the energy or water conservation standards issued or approved for publication by the Office of the United States Secretary of Energy as of January 1, 2018, under the federal Energy Policy and Conservation Act, are withdrawn, repealed, or otherwise voided, the minimum energy or water efficiency level permitted for products previously subject to federal energy or water conservation standards shall be the previously applicable federal standards, and no such new product may be sold or offered for sale, lease or rent in the State unless it meets or exceeds such standards.

(b) This Section shall not apply to any federal energy or water conservation standard set aside by a court upon the petition of a person who will be adversely affected, as provided in Section 6306(b) of Title 42 of the United States Code.

Section 40. Testing, certification, labeling, and enforcement.

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

(b) Manufacturers of new products covered by Section 15 of this Act shall certify to the Agency 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 products covered by Section 15 of this Act 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 products covered by Section 15. If products so tested are found not to be in compliance with the minimum efficiency standards established under Section 20, 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 public on products found not to be in compliance with the standards.

(e) With prior notice and at reasonable and convenient hours, the Agency may cause periodic inspections to be made of distributors or retailers of new products covered by Section 15 in order to determine compliance with the provisions of this Act.

(f) The Agency shall investigate complaints received concerning violations of this Act and shall report the results of such 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 Agency for any first violation and subject to a civil penalty of up to one hundred dollars for each offense. Repeat violations shall be subject to a civil penalty of not more than $500 for each offense. Each violation shall constitute a separate offense, and each day that such violation continues shall constitute a separate offense.

(g) The Agency may adopt such further rules as necessary to ensure the proper implementation 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.