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1 | AN ACT concerning energy efficiency.
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2 | Be it enacted by the People of the State of | |||||||||||||||||||
3 | Illinois,represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||
5 | Minimum Energy
Efficiency Standards Act.
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6 | Section 5. Purpose and findings.
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7 | (a) This Act provides for the establishment of minimum | |||||||||||||||||||
8 | efficiency standards
for certain products sold or installed in | |||||||||||||||||||
9 | this State.
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10 | (b) The legislature finds that:
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11 | (1) Efficiency standards for certain products sold or | |||||||||||||||||||
12 | installed in
this State assure consumers and businesses | |||||||||||||||||||
13 | that the products meet
minimum efficiency performance | |||||||||||||||||||
14 | levels, thus saving money on utility
bills.
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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.
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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 for | |||||||||||||||||||
23 | new power plants, power transmission lines, and
power | |||||||||||||||||||
24 | distribution system upgrades.
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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.
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29 | Section 10. Definitions. As used in this Act:
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30 | "Agency" means the Illinois Environmental Protection | |||||||||||||||||||
31 | Agency.
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1 | "Board" means the Illinois Pollution Control Board.
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2 | "Ceiling fan" means a non-portable device that is suspended | ||||||
3 | from a
ceiling for circulating air via the rotation of fan | ||||||
4 | blades.
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5 | "Ceiling fan light kit" means the equipment used to provide | ||||||
6 | light from
a ceiling fan. This equipment can be (i) integral | ||||||
7 | such that the ceiling fan
light kit is hardwired to the ceiling | ||||||
8 | fan or (ii) attachable such that the
ceiling fan light kit is | ||||||
9 | not, at the time of sale, physically attached to the
fan. | ||||||
10 | Attachable ceiling fan light kits might be included inside the | ||||||
11 | ceiling
fan package at the time of sale or sold separately for | ||||||
12 | subsequent attachment
to the fan.
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13 | "Commercial clothes washer" means a soft mount | ||||||
14 | front-loading or
soft mount top-loading clothes washer that is | ||||||
15 | designed for use in (i)
applications where the occupants of | ||||||
16 | more than one household will be using
it, such as in | ||||||
17 | multi-family housing common areas and coin laundries or (ii)
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18 | other commercial applications, if the clothes container | ||||||
19 | compartment is no
greater than 3.5 cubic feet for | ||||||
20 | horizontal-axis clothes washers, or no greater
than 4.0 cubic | ||||||
21 | feet for vertical-axis clothes washers.
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22 | "Commercial refrigerators and freezers" means reach-in | ||||||
23 | cabinets,
pass-through cabinets, roll-in cabinets and | ||||||
24 | roll-through cabinets that have
less than 85 cubic feet of | ||||||
25 | capacity and that are not walk-in models or
consumer products | ||||||
26 | regulated under the National Appliance Energy
Conservation Act | ||||||
27 | of 1987.
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28 | "Director" means the Director of the Illinois | ||||||
29 | Environmental Protection
Agency.
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30 | "Illuminated exit sign" means an internally-illuminated | ||||||
31 | sign that is
designed to be permanently fixed in place and used | ||||||
32 | to identify an exit; a
light source illuminates the sign or | ||||||
33 | letters from within, and the background
of the exit sign is not | ||||||
34 | transparent.
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35 | "Large packaged air-conditioning equipment" means packaged | ||||||
36 | air-conditioning
equipment having 240,000 Btu/hour or more of |
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1 | cooling capacity.
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2 | "Low voltage dry-type distribution transformer" means a | ||||||
3 | distribution
transformer that (i) has an input voltage of 600 | ||||||
4 | volts or less; (ii) is between
14 kVa and 2,501 kVa in size; | ||||||
5 | (iii) is air-cooled; and (iv) does not use oil as
a coolant.
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6 | "Packaged air-conditioning equipment" means | ||||||
7 | air-conditioning equipment that
is built as a package and | ||||||
8 | shipped as a whole to end-user sites.
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9 | "Pass-through cabinet" means a commercial refrigerator or
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10 | commercial freezer with hinged or sliding doors on both the | ||||||
11 | front and rear of
the refrigerator or freezer.
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12 | "Reach-in cabinet" means a commercial refrigerator, | ||||||
13 | commercial
refrigerator-freezer, or commercial freezer with | ||||||
14 | hinged or sliding doors or
lids, but excluding roll-in or | ||||||
15 | roll-through cabinets and pass through cabinets.
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16 | "Roll-in or roll-through cabinet" means a commercial | ||||||
17 | refrigerator or
commercial freezer with hinged or sliding doors | ||||||
18 | that allows wheeled racks
of product to be rolled into or | ||||||
19 | through the refrigerator or freezer.
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20 | "Torchiere lighting fixture" means a portable electric | ||||||
21 | lighting fixture
with a reflector bowl giving light directed | ||||||
22 | upward so as to give indirect
illumination.
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23 | "Traffic signal module" means a standard 8-inch (200mm) or | ||||||
24 | 12-inch
(300mm) round traffic signal indication. It consists of | ||||||
25 | a light source, lens,
and all parts necessary for operation and | ||||||
26 | communicates movement messages
to drivers through red, amber, | ||||||
27 | and green colors. Arrow modules in the same
colors are used to | ||||||
28 | indicate turning movements.
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29 | "Transformer" means a device consisting essentially of 2 or | ||||||
30 | more
coils of insulated wire that transfers alternating current | ||||||
31 | by electromagnetic
induction from one coil to another in order | ||||||
32 | to change the original voltage or
current value.
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33 | "Unit heater" means a self-contained fan-type heater that | ||||||
34 | uses natural
gas, propane, or fuel oil and that is designed to | ||||||
35 | be installed within a heated
space. Unit heaters include an | ||||||
36 | apparatus or appliance to supply heat and a
fan for circulating |
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1 | air over a heat exchange surface, all enclosed in a
common | ||||||
2 | casing. Unit heaters do not include warm air furnaces as
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3 | defined under the federal Energy Policy Act of 1992.
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4 | Section 15. Scope.
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5 | (a) The provisions of this Act apply to the testing, | ||||||
6 | certification, and
enforcement of efficiency standards for the | ||||||
7 | following types of new products
sold, offered for sale, or | ||||||
8 | installed in this State: (1) ceiling fans and
ceiling fan light | ||||||
9 | kits; (2) commercial clothes washers; (3) commercial
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10 | refrigerators and freezers; (4) illuminated exit signs; (5) | ||||||
11 | large packaged
air-conditioning equipment; (6) low voltage | ||||||
12 | dry-type distribution transformers;
(7) torchiere lighting | ||||||
13 | fixtures; (8) traffic signal modules;
(9) unit heaters; and | ||||||
14 | (10) such other products as may be designated by the
Director | ||||||
15 | in accordance with Section 30.
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16 | (b) The provisions of this Act do not apply to (1) new | ||||||
17 | products
manufactured in this State and sold outside this | ||||||
18 | State, (2) new products
manufactured outside this State and | ||||||
19 | sold at wholesale inside this State for
final retail sale and | ||||||
20 | installation outside this State, (3) products installed
in | ||||||
21 | mobile manufactured homes at the time of construction, or (4) | ||||||
22 | products
designed expressly for installation and use in | ||||||
23 | recreational vehicles.
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24 | Section 20. Efficiency standards. The initial minimum | ||||||
25 | efficiency standards
for the types of new products set forth in | ||||||
26 | Section 15 are as follows:
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27 | (1) Ceiling fans and ceiling fan light kits shall meet | ||||||
28 | the Tier 1
criteria of the product specification (Version | ||||||
29 | 1.1) of the "Energy Star
Program Requirements for | ||||||
30 | Residential Ceiling Fans" developed by the
U.S. | ||||||
31 | Environmental Protection Agency.
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32 | (2) Commercial clothes washers shall meet the energy | ||||||
33 | efficiency
requirements for residential clothes washers in | ||||||
34 | Energy Conservation
Program for Consumer Products: Clothes |
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1 | Washer Energy Conservation Standards,
66 Fed. Reg. 3314 | ||||||
2 | (January 12, 2001) (to be codified at 10 CFR Part 430).
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3 | (3) Commercial refrigerators and freezers shall meet | ||||||
4 | the August
1, 2004 requirements shown in Table A-6 of | ||||||
5 | section 1605.3 of the
California Code of Regulations, Title | ||||||
6 | 20: Division 2, Chapter 4,
Article 4: Appliance Efficiency | ||||||
7 | Regulations that took effect on
November 27, 2002.
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8 | (4) Illuminated exit signs shall meet the product | ||||||
9 | specification
(Version 2.0) of the "Energy Star Program | ||||||
10 | Requirements for Exit
Signs" developed by the U.S. | ||||||
11 | Environmental Protection Agency.
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12 | (5) Large packaged air-conditioning equipment shall | ||||||
13 | meet the
Tier 2 efficiency levels of the "Minimum Equipment | ||||||
14 | Efficiencies for
Unitary Commercial Air Conditioners" and | ||||||
15 | "Minimum Equipment
Efficiencies for Heat Pumps" developed | ||||||
16 | by the Consortium for
Energy Efficiency, Boston, MA, and | ||||||
17 | that took effect on July 1, 2002.
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18 | (6) Low voltage dry-type distribution transformers | ||||||
19 | shall meet or
exceed the energy efficiency values shown in | ||||||
20 | Table 4-2 of National
Electrical Manufacturers Association | ||||||
21 | Standard TP-1-2002.
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22 | (7) Torchiere lighting fixtures shall not consume more | ||||||
23 | than 190
watts and shall not be capable of operating with | ||||||
24 | lamps that total more
than 190 watts.
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25 | (8) Traffic signal modules shall meet the product | ||||||
26 | specification
of the "Energy Star Program Requirements for | ||||||
27 | Traffic Signals"
developed by the U.S. Environmental | ||||||
28 | Protection Agency and that took
effect in February 2001.
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29 | (9) Unit heaters shall not have pilot lights and shall | ||||||
30 | have either
power venting or an automatic flue damper.
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31 | The initial minimum efficiency standards provided in this | ||||||
32 | Section are
subject to change by Board rule in accordance with | ||||||
33 | Section 30.
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34 | Section 25. Implementation.
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35 | (a) Beginning January 1, 2005, no new product of a type |
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1 | subject to this
Act may be sold or offered for sale in this | ||||||
2 | State unless the efficiency
of the new product meets or exceeds | ||||||
3 | the applicable minimum efficiency
standards.
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4 | (b) Beginning January 1, 2006, no new product of a type | ||||||
5 | subject to this
Act may be installed in this State unless the | ||||||
6 | efficiency of the new product
meets or exceeds the applicable | ||||||
7 | minimum efficiency standards.
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8 | Section 30. New and revised standards; waiver.
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9 | (a) The Agency, after consultation
with the Department of | ||||||
10 | Commerce and Economic Opportunity, may propose to the
Board (i) | ||||||
11 | increased efficiency standards to replace any of the standards
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12 | listed in Section 20, and (ii) new minimum efficiency standards | ||||||
13 | for new
products not specifically listed in Section 15. In | ||||||
14 | proposing any new or
increased efficiency standards, the Agency | ||||||
15 | shall base that proposal upon a
determination that the new or | ||||||
16 | increased efficiency standards would serve to
promote energy | ||||||
17 | conservation in this State and would be cost effective for
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18 | consumers who purchase and use the affected new products.
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19 | (b) The Board shall consider any new or increased | ||||||
20 | efficiency standards
proposed by the Agency, and shall adopt by | ||||||
21 | rule those standards that it finds
to be appropriate. In | ||||||
22 | adopting any new or increased efficiency standard,
the Board | ||||||
23 | shall consider whether the new or increased efficiency standard
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24 | would serve to promote energy conservation in this State and | ||||||
25 | would be cost
effective for consumers who purchase and use the | ||||||
26 | affected new products.
New or increased efficiency standards | ||||||
27 | shall take effect no sooner than
one year following the | ||||||
28 | adoption of the rule providing for such new or
increased | ||||||
29 | efficiency standards.
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30 | (c) The Director may apply for a waiver of federal | ||||||
31 | preemption in
accordance with federal procedures for those | ||||||
32 | products regulated by the
federal government.
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33 | Section 35. Testing, certification, labeling, and | ||||||
34 | enforcement.
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1 | (a) The manufacturers of new products subject to this Act | ||||||
2 | shall cause
samples of such products to be tested in accordance | ||||||
3 | with the appropriate test
procedures. With respect to | ||||||
4 | efficiency standards adopted by reference under
Section 20, the | ||||||
5 | appropriate test methods shall be those specified in the
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6 | adopted standards. Board rules providing for new or increased | ||||||
7 | minimum
efficiency standards shall specify the appropriate | ||||||
8 | test methods, which shall
be test methods approved by the U.S. | ||||||
9 | Department of Energy or, in the absence
of such test methods, | ||||||
10 | other appropriate nationally recognized test methods.
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11 | (b) Manufacturers of new products subject to this Act shall | ||||||
12 | certify to the
Director that such products are in compliance | ||||||
13 | with the provisions of this Act.
The Director may adopt | ||||||
14 | procedures and requirements governing the certification
of | ||||||
15 | such products and may work in coordination with the | ||||||
16 | certification programs
of other states. With respect to a | ||||||
17 | product for which the Illinois efficiency
standards and | ||||||
18 | labelling requirements are the same as those of the federal
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19 | government or another state, the Agency may accept as | ||||||
20 | sufficient for compliance
with this subsection the | ||||||
21 | manufacturer's certification to the federal government
or that | ||||||
22 | other state, whichever is applicable, that the product complies | ||||||
23 | with
those standards and requirements.
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24 | (c) Manufacturers of new products subject to this Act shall | ||||||
25 | identify each
such product offered for sale or installation in | ||||||
26 | this State as in compliance
with the provisions of this Act by | ||||||
27 | means of a mark, label, or tag on the
product and packaging at | ||||||
28 | the time of sale or installation. The Director shall
propose | ||||||
29 | and the Board shall adopt rules governing the identification of | ||||||
30 | such
products and packaging and may work in coordination with | ||||||
31 | the labeling programs
of other states.
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32 | (d) The Director may cause investigations to be made of | ||||||
33 | complaints
received concerning violations of this Act and may | ||||||
34 | report the results
of such investigations to the Attorney | ||||||
35 | General. The Attorney General may
institute proceedings to | ||||||
36 | enforce the provisions of this Act.
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1 | (e) A manufacturer, distributor, retailer, or installer | ||||||
2 | who violates any
provision of this Act shall be issued a | ||||||
3 | warning by the Director for the first
violation. Repeat | ||||||
4 | violations shall be subject to a civil penalty of not more
than | ||||||
5 | $250. Each violation shall constitute a separate offense, and | ||||||
6 | each day
that a violation continues shall constitute a separate | ||||||
7 | offense. Penalties
assessed under this subsection are in | ||||||
8 | addition to costs assessed under
subsection (d).
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9 | (f) The Agency may propose and the Board may adopt any | ||||||
10 | rules that are
necessary to ensure the proper implementation | ||||||
11 | and enforcement of this Act.
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12 | Section 97. Severability. The provisions of this Act are | ||||||
13 | severable under
Section 1.31 of the Statute on Statutes.
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
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