HB2555 102ND GENERAL ASSEMBLY

LRB102 12967 CPF 18310 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2555

Introduced 2/19/2021, by Rep. Robyn Gabel

SYNOPSIS AS INTRODUCED:

New Act

Creates the Minimum Energy and Water Efficiency Standards Act. Provides that the Environmental Protection Agency shall adopt rules establishing minimum efficiency standards for types of new products. Requires the rules to 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.Effective immediately.

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 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 unit" means a water cooler that dispenses cold water only.

"Cold temperature fluorescent lamp" means a fluorescent lamp that is not a compact fluorescent lamp that is: (1) specifically designed to start at -20°F when used with a ballast conforming to the requirements of ANSI C78.81 and ANSI C78.901; and (2) expressly designated as a cold temperature lamp both in markings on the lamp and in marketing materials, including catalogs, sales literature, and promotional materials.

"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 oven" means a chamber designed for heating, roasting, or baking food by conduction, convection, radiation, or electromagnetic energy.

"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.

"Cook and cold unit" means a water cooler that dispenses both cold and room temperature water.

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

"Dual-flush effective flush volume" means the average flush volume of 2 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.

"Electric vehicle supply equipment" means conductors, including, but not limited to, ungrounded, grounded, and equipment grounding conductors, 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 an electric vehicle. "Electric vehicle supply equipment" includes charging cords with NEMA 5-15P and NEMA 5-20P attachment plugs. "Electric vehicle supply equipment" does not include conductors, connectors, and fittings that are part of an electric 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.

"Handheld shower head" means a shower head 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 gas fireplace inserts, that is fueled by natural gas or propane and is not a decorative fireplace.

"High color rendering index fluorescent lamp" or "high 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 unit" means a water cooler that dispenses hot, cold, or room temperature water.

"Impact-resistant fluorescent lamp" means a fluorescent lamp that is not a compact fluorescent lamp that:

(1) has a coating or equivalent technology that is compliant with NSF/ANSI 51 and is designed to contain glass if the glass envelope of the lamp is broken; and

(2) is designated and marketed for the intended application, with:

(A) the designation on the lamp packaging; and

(B) marketing materials that identify the lamp as being impact-resistant, shatter-resistant, shatterproof, or shatter-protected.

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

"On demand water cooler" means a water cooler that heats water as it is requested, typically taking a few minutes to deliver.

"Plumbing fixture" means an exchangeable device that 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.

"Public lavatory faucet" means a faucet with a fitting designed 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-mounted fan, 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.

"Shower head" means?a device through which water is discharged for a shower bath. "Shower head" includes a handheld shower head. "Shower head" does not include a safety shower shower head.

"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 general service lamp" means any of the following medium-based incandescent light bulbs:

(1) Reflector lamps that are:

(A) ER30, BR30, BR40, or ER40 lamps rated at 50 Watts or less;

(B) BR30, BR40, or ER40 lamps rated at 65 watts; or

(C) R20 lamps rated at 45 watts or less.

(2) B, BA, CA, F, and G shape lamps, as defined in ANSI C79.1:2002 with a lumen output of greater than or equal to 200 and rated at 40 watts or less.

(3) A and C shape lamps, as defined in ANSI C79.1:2002 with lumen output greater than or equal to 200 and less than 310.

(4) Shatter-resistant lamps.

(5) 3-way lamps.

"Storage-type water cooler" means a water cooler in which thermally conditioned water is stored in a tank in the water cooler and is available instantaneously. "Storage-type water cooler" includes point-of-use, dry storage compartment, and bottled water coolers.

"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 or heat potable water.

Section 15. Scope.

(a) The provisions of this Act apply to:

(1) air purifiers;

(2) commercial dishwashers;

(3) commercial fryers;

(4) commercial hot-food holding cabinets;

(5) commercial ovens;

(6) commercial steam cookers;

(7) computers and computer monitors;

(8) electric vehicle supply equipment;

(9) faucets;

(10) gas fireplaces;

(11) high CRI, cold-temperature, and impact-resistant fluorescent lamps;

(12) portable electric spas;

(13) residential ventilating fans;

(14) shower heads;

(15) spray sprinkler bodies;

(16) state-regulated general service lamps;

(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 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.

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 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 2.0:

(A) clean air delivery rate for smoke shall be 30 or greater;

(B) for models with a clean air delivery rate for smoke less than 100, clean air delivery rate per watt for smoke shall be greater than or equal to 1.7;

(C) for models with a clean air delivery rate for smoke greater than or equal to 100 and less than 150, clean air delivery rate per watt for smoke shall be greater than or equal to 1.9;

(D) for models with a clean air delivery rate for smoke greater than or equal to 150, clean air delivery rate per watt for smoke shall be greater than or equal to 2.0;

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

(F) for models with a Wi-Fi network connection enabled by default when shipped, partial on mode power shall not exceed 2 watts; and

(G) For models without a Wi-Fi network connection enabled by default when shipped, partial on mode power shall not exceed 1 watt.

(2) 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.

(3) 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.

(4) Commercial hot-food holding cabinets shall meet the qualification criteria of the ENERGY STAR Program Requirements Product Specification for Commercial Hot Food Holding Cabinets, Version 2.0.

(5) Commercial steam cookers shall meet the requirements of the ENERGY STAR Program Requirements Product Specification for Commercial Steam Cookers, Version 1.2. Commercial ovens included in the scope of the ENERGY STAR Program Requirements Product Specification for Commercial Ovens, Version 2.2, shall meet the qualification criteria of that specification.

(6) Computers and computer monitors shall be consistent with similar energy and water efficiency standards adopted federally and in other states.

(7) Electric vehicle supply equipment included in the scope of the ENERGY STAR Program Requirements Product Specification for Electric Vehicle Supply Equipment, Version 1.0 (Rev. Apr-2017), shall meet the qualification criteria of that specification.

(8) 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 1, 2020.

(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 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.

(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.

(9) Gas fireplaces shall comply with the following requirements:

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

(B) Gas fireplaces must prevent any ignition source for the main gas burner flame from operating continuously for more than seven days.

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

(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 Annual Fireplace Efficiency.

(10) High CRI, cold temperature, and impact-resistant 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 1, 2020, 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 1, 2020.

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

(12) In-line residential ventilating fans shall 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".

(13) Shower heads 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 1, 2020.

(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) State-regulated general service lamps shall meet or exceed a lamp efficacy of 45 lumens per watt when tested in accordance with the 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 1, 2020.

(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 (3) 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 1, 2020, and water closets shall pass the waste extraction test for water closets of the American Society of Mechanical Engineers A112.19.2/CSA B45.1-2018.

(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.

(18) 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, 2023, no new air purifier, cold temperature fluorescent lamp, commercial dishwasher, commercial fryer, commercial hot-food holding cabinet, commercial oven, commercial steam cooker, computer or computer monitor, electrical vehicle supply equipment, faucet, gas fireplace, high CRI fluorescent lamp, impact-resistant fluorescent lamp, portable electric spa, residential ventilating fan, shower head, spray sprinkler body, state-regulated general service lamp, urinal, water closet, or water cooler may be sold or offered for sale, lease, or rent in the State unless the new product meets the requirements of the 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, 2022, 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) One year after the date upon which the sale or offering for sale of certain products becomes subject to the requirements of subsections (a) or (b) 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.

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