IL
Illinois House Bill HB5072

Illinois 2023-2024 Regular Session

Illinois House Bill HB5072 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5072 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: New Act Creates the Illinois 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 37532 JAG 67655 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5072 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: New Act New Act Creates the Illinois 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 37532 JAG 67655 b LRB103 37532 JAG 67655 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5072 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
33 New Act New Act
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55 Creates the Illinois 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.
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1111 1 AN ACT concerning safety.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the
1515 5 Illinois Appliance Standards Act.
1616 6 Section 5. Findings. The General Assembly finds that:
1717 7 (1) Efficiency standards for certain products sold or
1818 8 installed in the State assure consumers and businesses
1919 9 that the products meet minimum efficiency performance
2020 10 levels, thus reducing energy and water waste and saving
2121 11 consumers and businesses money on utility bills.
2222 12 (2) Such efficiency standards save energy and reduce
2323 13 climate-changing emissions and other environmental impacts
2424 14 associated with the production, distribution, and use of
2525 15 electricity, natural gas, and related fuels.
2626 16 (3) Such efficiency standards save water, mitigating
2727 17 the effects of short-term and long-term droughts and
2828 18 helping to conserve fresh water supplies.
2929 19 (4) Utility Bill savings resulting from more efficient
3030 20 products benefit all consumers but are especially
3131 21 important to low-income families, who spend a
3232 22 disproportionate share of their income on utilities.
3333 23 Efficiency standards also help the State and local
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5072 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
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4040 Creates the Illinois 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.
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6868 1 economies because bill savings can be spent on local goods
6969 2 and services.
7070 3 (5) Energy and water savings help reduce or delay the
7171 4 need for expensive investments in new power plants,
7272 5 transmission lines, and distribution system upgrades, new
7373 6 and expanded gas pipelines, and water and sewer
7474 7 infrastructure improvements.
7575 8 Section 10. Definitions. In this Act:
7676 9 "Agency" means the Environmental Protection Agency
7777 10 established by the Environmental Protection Act.
7878 11 "Automatic irrigation controller" means a device used to
7979 12 remotely control valves that operate a landscape irrigation
8080 13 system. Such devices include, but are not limited to,
8181 14 weather-based irrigation controllers, soil moisture-based
8282 15 irrigation controllers, and timer-based irrigation
8383 16 controllers, whether configured as a standalone controller, a
8484 17 base controller, an add-on device, or a plug-in device.
8585 18 "Automatic irrigation controller" does not include irrigation
8686 19 control devices designed for attachment to a hose bib or a hose
8787 20 end or those designed and marketed for agricultural purposes.
8888 21 "Battery backup" or "uninterruptible power supply charger"
8989 22 or "UPS" means a small battery charger system that is voltage
9090 23 and frequency dependent (VFD) and designed to provide power to
9191 24 an end-use product in the event of a power outage, and includes
9292 25 a UPS as defined in IEC 62040-3 (2nd edition). The output of
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103103 1 the VFD UPS is dependent on changes in AC input voltage and
104104 2 frequency and is not intended to provide additional corrective
105105 3 functions, such as those relating to the use of tapped
106106 4 transformers.
107107 5 "Cold-only units" means units that dispense cold water
108108 6 only.
109109 7 "Compensation" means money or any other valuable thing,
110110 8 regardless of form, received or to be received by a person for
111111 9 services rendered.
112112 10 "Cook and cold units" means units that dispense both cold
113113 11 and room-temperature water.
114114 12 "Covered product" means:
115115 13 (1) automatic irrigation controllers;
116116 14 (2) computers and computer monitors;
117117 15 (3) electric vehicle supply equipment;
118118 16 (4) faucets;
119119 17 (5) gas fireplaces;
120120 18 (6) portable electric spas;
121121 19 (7) residential ventilating fans;
122122 20 (8) showerheads;
123123 21 (9) spray sprinkler bodies;
124124 22 (10) state-regulated battery charger systems;
125125 23 (11) urinals;
126126 24 (12) water closets;
127127 25 (13) water coolers; or
128128 26 (14) any other products as may be designated by the
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139139 1 Director in accordance with Section 15 or by operation of
140140 2 law under Section 99; however,
141141 3 "Director" means the Director of the Environmental
142142 4 Protection Agency.
143143 5 "Decorative gas fireplace" means a vented fireplace,
144144 6 including appliances that are freestanding, recessed, zero
145145 7 clearance, or a gas fireplace insert, that is fueled by
146146 8 natural gas or propane, is marked for decorative use only, and
147147 9 is not equipped with a thermostat or intended for use as a
148148 10 heater.
149149 11 "Electric vehicle supply equipment" means the conductors,
150150 12 including the ungrounded, grounded, and equipment grounding
151151 13 conductors, the electric vehicle connectors, attachment plugs,
152152 14 and all other fittings, devices, power outlets, or apparatuses
153153 15 installed specifically for the purpose of delivering energy
154154 16 from the premises wiring to the electric vehicle. Excludes
155155 17 conductors, connectors, and fittings that are part of a
156156 18 vehicle.
157157 19 "Faucet" means a private lavatory faucet, residential
158158 20 kitchen faucet, metering faucet, public lavatory faucet, or
159159 21 replacement aerator for a private lavatory, public lavatory or
160160 22 residential kitchen faucet. "Gas fireplace" means a decorative
161161 23 gas fireplace or a heating gas fireplace.
162162 24 "Hand-held showerhead" means a showerhead that can be held
163163 25 or fixed in place for the purpose of spraying water onto a
164164 26 bather and that is connected to a flexible hose.
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175175 1 "Heating gas fireplace" means a vented fireplace,
176176 2 including appliances that are freestanding, recessed, zero
177177 3 clearance, or a gas fireplace insert, that is fueled by
178178 4 natural gas or propane and is not a decorative fireplace.
179179 5 "Hot and cold units" dispense both hot and cold water.
180180 6 Some units also offer room-temperature water. "Large battery
181181 7 charger system" means a BCS (other than a battery charger
182182 8 system for golf carts) with a rated input power of more than 2
183183 9 kW.
184184 10 "Metering faucet" means a self-closing faucet that
185185 11 dispenses a specific volume of water for each actuation cycle.
186186 12 The volume or cycle duration can be fixed or adjustable.
187187 13 "On-demand hot and cold unit" means a unit that heats and
188188 14 cools water as it is requested.
189189 15 "Public lavatory faucet" means a fitting designed to be
190190 16 installed in nonresidential bathrooms that are exposed to
191191 17 walk-in traffic.
192192 18 "Person" means:
193193 19 (1) any individual; or
194194 20 (2) any corporation, company, association, firm,
195195 21 partnership, society, trust, joint venture, or joint stock
196196 22 company.
197197 23 "Plumbing fixture" means an exchangeable device, which
198198 24 connects to a plumbing system to deliver and drain away water
199199 25 and waste.
200200 26 "Portable electric spa" means a factory-built electric spa
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211211 1 or hot tub which may or may not include any combination of
212212 2 integral controls, water heating or water circulating
213213 3 equipment.
214214 4 "Pressure regulator" means a device that maintains
215215 5 constant operating pressure immediately downstream from the
216216 6 device, given higher pressure upstream.
217217 7 "Replacement aerator" means an aerator sold as a
218218 8 replacement, separate from the faucet to which it is intended
219219 9 to be attached.
220220 10 "Residential ventilating fan" means a ceiling or
221221 11 wall-mounted fan, or remotely mounted in-line fan, designed to
222222 12 be used in a bathroom or utility room for the purpose of moving
223223 13 air from inside the building to the outdoors.
224224 14 "Showerhead" means a component or set of components
225225 15 distributed in commerce for attachment to a single supply
226226 16 fitting, for spraying water onto a bather, typically from an
227227 17 overhead position, excluding safety shower showerheads.
228228 18 "Spray sprinkler body" means the exterior case or shell of
229229 19 a sprinkler incorporating a means of connection to the piping
230230 20 system designed to convey water to a nozzle or orifice.
231231 21 "State-regulated battery charger system" or "BCS" means a
232232 22 battery charger coupled with its batteries or battery chargers
233233 23 coupled with their batteries, which together are referred to
234234 24 as state-regulated battery charger systems. This term covers
235235 25 all rechargeable batteries or devices incorporating a
236236 26 rechargeable battery and the chargers used with them. Battery
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247247 1 charger systems include, but are not limited to:
248248 2 (1) electronic devices with a battery that are
249249 3 normally charged from AC line voltage or DC input voltage
250250 4 through an internal or external power supply and a
251251 5 dedicated battery charger;
252252 6 (2) the battery and battery charger components of
253253 7 devices that are designed to run on battery power during
254254 8 part or all of their operations;
255255 9 (3) dedicated battery systems primarily designed for
256256 10 electrical or emergency backup; and
257257 11 (4) devices whose primary function is to charge
258258 12 batteries, along with the batteries they are designed to
259259 13 charge. These units include chargers for power tool
260260 14 batteries and chargers for automotive, AA, AAA, C, D, or 9
261261 15 V rechargeable batteries, as well as chargers for
262262 16 batteries used in larger industrial motive equipment and
263263 17 la carte chargers.
264264 18 The charging circuitry of battery charger systems may or
265265 19 may not be located within the housing of the end-use device
266266 20 itself. In many cases, the battery may be charged with a
267267 21 dedicated external charger and power supply combination that
268268 22 is separate from the device that runs on power from the
269269 23 battery. State-regulated battery charger systems do not
270270 24 include federally regulated battery chargers that are covered
271271 25 under standards in 10 CFR 430.32(z).
272272 26 "Storage-type hot and cold units" means units that store
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283283 1 thermally conditioned water in a tank and make that water
284284 2 available instantaneously. Point-of-use coolers, dry storage
285285 3 compartment coolers, and bottled water coolers are included in
286286 4 this category.
287287 5 "Trough-type urinal" means a urinal designed for
288288 6 simultaneous use by 2 or more persons.
289289 7 "Urinal" means a plumbing fixture that receives only
290290 8 liquid body waste and conveys the waste through a trap into a
291291 9 drainage system.
292292 10 "Water closet" means a plumbing fixture having a
293293 11 water-containing receptor that receives liquid and solid body
294294 12 waste through an exposed integral trap into a drainage system.
295295 13 "Water cooler" means a freestanding device that consumes
296296 14 energy to cool and heat potable water.
297297 15 Section 15. Minimum efficiency standards; administrative
298298 16 rulemaking.
299299 17 (a) Not later than one year after the effective date of
300300 18 this Act, the Agency shall adopt rules establishing minimum
301301 19 efficiency standards for all covered products, except as
302302 20 provided in subsection (b).
303303 21 (b) The provisions of this Act do not apply to:
304304 22 (1) new products manufactured in the State and sold
305305 23 outside the State;
306306 24 (2) new products manufactured outside the State and
307307 25 sold at wholesale inside the State for final retail sale
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318318 1 and installation outside the State;
319319 2 (3) products installed in mobile manufactured homes at
320320 3 the time of construction; or
321321 4 (4) products designed expressly for installation and
322322 5 use in recreational vehicles.
323323 6 (c) The rules adopted by the Agency under subsection (a)
324324 7 shall provide for the following minimum efficiency standards:
325325 8 (1) Automatic irrigation controllers shall, at a
326326 9 minimum, meet the water efficiency and performance
327327 10 criteria included within the U.S. Environmental Protection
328328 11 Agency's Specification for Weather-Based Irrigation
329329 12 Controllers, Version 1.1, or its Specification for Soil
330330 13 Moisture-Based Irrigation Controllers, Version 1.0.
331331 14 (2) Computers and computer monitors shall, at a
332332 15 minimum, meet requirements that are substantially
333333 16 equivalent to the standards authorized and adopted for
334334 17 computers and computer monitors in California under
335335 18 Sections 25213, 25218(e), 25216.5(d), 25401.9, 25402(a)
336336 19 through 25402(c), and 25960, of the California Public
337337 20 Resources Code, and compliance with those requirements
338338 21 shall, at a minimum, be as measured in accordance with
339339 22 test methods that are substantially equivalent to the
340340 23 rules adopted pursuant to those authorities; and, in
341341 24 addition:
342342 25 (A) The rules adopted by the Agency shall define
343343 26 "computer" and "computer monitor" to have the same
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354354 1 meaning as under the California authorities cited in
355355 2 this paragraph (2); and
356356 3 (B) The Agency shall have authority to amend the
357357 4 rules so that the definitions of "computer" and
358358 5 "computer monitor" and the minimum efficiency
359359 6 standards for computers and computer monitors conform
360360 7 to subsequently adopted modifications in rules
361361 8 authorized and adopted under relevant sections of the
362362 9 California Resources Code, or as authorized under this
363363 10 Act with the minimum standards stated in this
364364 11 paragraph (2).
365365 12 (3) Electric vehicle supply equipment included in the
366366 13 scope of the ENERGY STAR Program Requirements Product
367367 14 Specification for Electric Vehicle Supply Equipment,
368368 15 Version 1.0, shall, at a minimum, meet the certification
369369 16 criteria of that specification.
370370 17 (4) Faucets, except for metering faucets, shall, at a
371371 18 minimum, meet the standards shown in this paragraph when
372372 19 tested in accordance with Appendix S to Subpart B of Part
373373 20 430 of Title 10 of the Code of Federal Regulations,
374374 21 "Uniform Test Method for Measuring the Water Consumption
375375 22 of Faucets and Showerheads", and compliance with those
376376 23 requirements shall be as follows:
377377 24 (A) Private lavatory faucets and replacement
378378 25 aerators shall not exceed a maximum flow rate of 1.5
379379 26 gallons per minute at 60 pounds per square inch;
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390390 1 (B) Residential kitchen faucets and replacement
391391 2 aerators shall not exceed a maximum flow rate of 1.8
392392 3 gallons per minute at 60 pounds per square inch, with
393393 4 optional temporary flow of 2.2 gallons per minute,
394394 5 provided they default to a maximum flow rate of 1.8
395395 6 gallons per minute at 60 pounds per square inch after
396396 7 each use; and
397397 8 (C) Public lavatory faucets and replacement
398398 9 aerators shall not exceed a maximum flow rate of 0.5
399399 10 gallons per minute at 60 pounds per square inch.
400400 11 (5) Gas fireplaces shall, at a minimum, comply with
401401 12 the following requirements:
402402 13 (A) Gas fireplaces shall be capable of
403403 14 automatically extinguishing any pilot flame when the
404404 15 main gas burner flame is extinguished;
405405 16 (B) Gas fireplaces must prevent any ignition
406406 17 source for the main gas burner flame from operating
407407 18 continuously for more than 7 days from last use of the
408408 19 main burner;
409409 20 (C) Decorative gas fireplaces must have a direct
410410 21 vent configuration, unless marked for replacement use
411411 22 only; and,
412412 23 (D) Heating gas fireplaces shall have a fireplace
413413 24 efficiency greater than or equal to 50% when tested in
414414 25 accordance with CSA P.4.1-15, "Testing Method for
415415 26 Measuring Fireplace Efficiency".
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426426 1 (6) Large battery charger systems and battery backup
427427 2 or UPS systems shall, at a minimum, meet requirements that
428428 3 are substantially equivalent to the standards authorized
429429 4 and adopted for large battery charger systems and battery
430430 5 backup or UPS systems in California under Sections 25213,
431431 6 25216.5(d), 25218(e), 25401.9, 25402(a) through 25402(c),
432432 7 and 25960, of the California Public Resources Code, and
433433 8 compliance with those requirements shall, at a minimum, be
434434 9 measured in accordance with test methods that are
435435 10 substantially equivalent to those prescribed under the
436436 11 rules adopted pursuant to those authorities; and, in
437437 12 addition:
438438 13 (A) The rules adopted by the Agency shall define
439439 14 "large battery charger system" and "battery backup or
440440 15 uninterruptible power supply charger (UPS)" to have
441441 16 the same meaning as under the California authorities
442442 17 cited in this paragraph (6); and
443443 18 (B) The referenced rules in this paragraph (6)
444444 19 shall be those adopted on or before the effective date
445445 20 of this Act; however, the Director shall have
446446 21 authority to amend the rules so that the definitions
447447 22 of "state-regulated battery charger system", "large
448448 23 battery charger system", and "battery backup or UPS"
449449 24 and the minimum efficiency standards for large battery
450450 25 charger system and battery backup or UPS conform to
451451 26 subsequently adopted modifications in rules authorized
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462462 1 and adopted under relevant sections of the California
463463 2 Resources Code, or as authorized under this Act with
464464 3 the minimum standards stated in this paragraph (6).
465465 4 (7) Portable electric spas shall, at a minimum, meet
466466 5 the requirements of the "American National Standard for
467467 6 Portable Electric Spa Energy Efficiency" (ANSI/APSP/ICC
468468 7 14-2019).
469469 8 (8) In-line residential ventilating fans shall, at a
470470 9 minimum, have a fan motor efficacy of no less than 2.8
471471 10 cubic feet per minute per watt. All other residential
472472 11 ventilating fans shall have a fan motor efficacy of no
473473 12 less than 1.4 cubic feet per minute per watt for airflows
474474 13 less than 90 cubic feet per minute and no less than 2.8
475475 14 cubic feet per minute per watt for other airflows when
476476 15 tested in accordance with Home Ventilation Institute
477477 16 Publication 916, "HVI Airflow Test Procedure".
478478 17 (9) Showerheads shall, at a minimum, not exceed a
479479 18 maximum flow rate of 2.0 gallons per minute at 80 pounds
480480 19 per square inch when tested in accordance with Appendix S
481481 20 to Subpart B of Part 430 of Title 10 of the Code of Federal
482482 21 Regulations, "Uniform Test Method for Measuring the Water
483483 22 Consumption of Faucets and Showerheads".
484484 23 (10) Spray sprinkler bodies that are not specifically
485485 24 excluded from the scope of the U.S. Environmental
486486 25 Protection Agency's Specification for Spray Sprinkler
487487 26 Bodies, Version 1.0, shall, at a minimum, include an
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498498 1 integral pressure regulator and shall, at a minimum, meet
499499 2 the water efficiency and performance criteria and other
500500 3 requirements of that specification.
501501 4 (11) Urinals and water closets, other than those
502502 5 designed and marketed exclusively for use at prisons or
503503 6 mental health facilities, shall, at a minimum, meet the
504504 7 standards shown in subparagraphs (1) to (4) of Appendix T
505505 8 to Subpart B of Part 430 of Title 10 of the Code of Federal
506506 9 Regulations, "Uniform Test Method for Measuring the Water
507507 10 Consumption of Water Closets and Urinals", and water
508508 11 closets shall, at a minimum, pass the waste extraction
509509 12 test for water closets (Section 7.9) of the American
510510 13 Society of Mechanical Engineers (ASME) A112.19.2/CSA
511511 14 B45.1-2018. The minimum standards for urinals and water
512512 15 closets are as follows:
513513 16 (A) Wall-mounted urinals, except for trough-type
514514 17 urinals, shall, at a minimum, have a maximum flush
515515 18 volume of 0.5 gallons per flush;
516516 19 (B) Floor-mounted urinals, except for trough-type
517517 20 urinals, shall, at a minimum, have a maximum flush
518518 21 volume of 0.5 gallons per flush; and
519519 22 (C) Water closets shall, at a minimum, have a
520520 23 maximum flush volume of 1.28 gallons per flush.
521521 24 (12) Water coolers included in the scope of the ENERGY
522522 25 STAR Program Requirements Product Specification for Water
523523 26 Coolers, Version 2.0, shall, at a minimum, have "On Mode
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534534 1 with No Water Draw" energy consumption less than or equal
535535 2 to the following values as measured in accordance with the
536536 3 test requirements of that program:
537537 4 (A) 0.16 kilowatt-hours per day for cold-only
538538 5 units and cook and cold units;
539539 6 (B) 0.87 kilowatt-hours per day for storage-type
540540 7 hot and cold units; and
541541 8 (C) 0.18 kilowatt-hours per day for on-demand hot
542542 9 and cold units.
543543 10 (d) The Agency may adopt rules to establish increased
544544 11 efficiency standards for the covered products, including any
545545 12 other products as may be designated by the Director. In
546546 13 considering such new or amended standards, the Director shall
547547 14 set efficiency standards upon a determination that increased
548548 15 efficiency standards would serve to promote energy or water
549549 16 conservation in the State and would be cost effective for
550550 17 consumers who purchase and use such new products, provided
551551 18 that no new or increased efficiency standards shall become
552552 19 effective within one year following the adoption of any
553553 20 amended rules establishing such increased efficiency
554554 21 standards.
555555 22 Section 20. Implementation.
556556 23 (a) Beginning January 1, 2026, no new covered product may
557557 24 be sold or offered for sale, lease, or rent in the State unless
558558 25 the new product meets the requirements of the standards
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569569 1 adopted by the Agency under Section 15.
570570 2 (b) One year after the date upon which the sale or offering
571571 3 for sale of covered products becomes subject to subsection (a)
572572 4 of this Section, no such products may be installed for
573573 5 compensation in the State unless the efficiency of the new
574574 6 product meets or exceeds the efficiency standards provided
575575 7 under the rules adopted under Section 15.
576576 8 Section 25. Testing, certification, labeling, and
577577 9 enforcement.
578578 10 (a) The manufacturers of covered products shall test
579579 11 samples of their products in accordance with the test
580580 12 procedures adopted under this Act. The Agency may adopt rules
581581 13 regarding updated test methods when new versions of test
582582 14 procedures become available.
583583 15 (b) Manufacturers of covered products shall certify to the
584584 16 Agency, or to an approved third party as determined by the
585585 17 Director, that such products are in compliance with the
586586 18 provisions of this Act. Such certifications shall be based on
587587 19 test results. The Agency shall adopt rules governing the
588588 20 certification of such products and shall coordinate with the
589589 21 certification programs of other states and federal agencies
590590 22 with similar standards.
591591 23 (c) Manufacturers of new covered products shall identify
592592 24 each product offered for sale or installation in the State as
593593 25 in compliance with the provisions of this Act by means of a
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604604 1 mark, label, or tag on the product and packaging at the time of
605605 2 sale or installation. The Agency shall adopt rules governing
606606 3 the identification of such products and packaging, which shall
607607 4 be coordinated to the greatest practical extent with the
608608 5 labeling programs of other states and federal agencies with
609609 6 equivalent efficiency standards. The Agency shall allow the
610610 7 use of existing marks, labels, or tags, which connote
611611 8 compliance with the efficiency requirements of this Act.
612612 9 (d) The Agency may test covered products. If products so
613613 10 tested are found not to be in compliance with the minimum
614614 11 efficiency standards adopted under Section 15, the Agency
615615 12 shall:
616616 13 (1) charge the manufacturer of such product for the
617617 14 cost of product purchase and testing, and
618618 15 (2) make information available to the Attorney General
619619 16 and the public on products found not to be in compliance
620620 17 with the standards.
621621 18 (e) The Agency may cause periodic inspections to be made
622622 19 of distributors or retailers of new covered products in order
623623 20 to determine compliance with the provisions of this Act. The
624624 21 Agency shall investigate complaints received concerning
625625 22 violations of this Act.
626626 23 (f) If the Agency finds that any person has committed a
627627 24 violation of any provision of this Act, the Agency shall issue
628628 25 a warning to such person. Any person who commits a violation
629629 26 after the issuance of such warning shall, following notice and
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640640 1 an opportunity to be heard, be subject to a civil penalty,
641641 2 issued by the Agency, of up to one hundred dollars for each
642642 3 offense. Any further violations committed by such person after
643643 4 this second violation shall be subject to a civil penalty of
644644 5 not more than $500 for each offense. Each product offered,
645645 6 sold, or distributed in violation of Section 25 of this Act
646646 7 shall constitute a separate violation, each violation shall
647647 8 constitute a separate offense, and each day that such
648648 9 violation occurs shall constitute a separate offense.
649649 10 Penalties assessed under this subsection are in addition to
650650 11 costs assessed under subsection (d) of this Section.
651651 12 (g) If the Agency finds repeated violations have occurred,
652652 13 it shall refer the matter to the Attorney General. The
653653 14 Attorney General may institute proceedings to seek an
654654 15 injunction in circuit court to enforce the provisions of this
655655 16 Act.
656656 17 (h) The Agency may adopt any rules necessary to ensure the
657657 18 proper implementation, administration, and enforcement of the
658658 19 provisions of this Act.
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