HB 5366

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Full Text of HB5366
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	HB5366 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5366
Introduced 2/10/2026, by Rep. Mary Beth Canty
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.
LRB104 19979 WRO 33430 b
A BILL FOR
		HB5366		LRB104 19979 WRO 33430 b
1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Illinois Appliance Standards Act.
6    Section 5. Findings. The General Assembly finds that:
7        (1) Efficiency standards for certain products sold or
8    installed in the State assure consumers and businesses
9    that the products meet minimum efficiency performance
10    levels, thus reducing energy and water waste and saving
11    consumers and businesses money on utility bills.
12        (2) Efficiency standards save energy and reduce
13    climate-changing emissions and other environmental impacts
14    associated with the production, distribution, and use of
15    electricity, natural gas, and related fuels.
16        (3) Efficiency standards also save water, mitigating
17    the effects of short-term and long-term droughts and
18    helping to conserve fresh water supplies.
19        (4) Utility savings resulting from more efficient
20    products benefit all consumers but are especially
21    important to low-income families, who spend a
22    disproportionate share of their income on utilities.
23    Efficiency standards also help the State and local
		HB5366	- 2 -	LRB104 19979 WRO 33430 b
1    economies because bill savings can be spent on local goods
2    and services.
3        (5) Energy and water savings help reduce or delay the
4    need for expensive investments in new power plants,
5    transmission lines, and distribution system upgrades, new
6    and expanded gas pipelines, and water and sewer
7    infrastructure improvements.
8    Section 10. Definitions. In this Act:
9    "Agency" means the Environmental Protection Agency.
10    "Automatic landscape irrigation controller" means a device
11used to remotely control valves that operate a landscape
12irrigation system. "Automatic landscape irrigation controller"
13includes, but is not limited to, a weather-based irrigation
14controller, a soil moisture-based irrigation controller, and a
15timer-based irrigation controller, whether configured as a
16standalone controller, a base controller, an add-on device, or
17a plug-in device. "Automatic landscape irrigation controller"
18does not include an irrigation control device designed for
19attachment to a hose bib or a hose end or an irrigation control
20device designed and marketed for agricultural purposes.
21    "Battery backup" or "uninterruptible power supply charger"
22or "UPS" means a small battery charger system that is voltage
23and frequency dependent and designed to provide power to an
24end-use product in the event of a power outage. "Battery
25backup" or "uninterruptible power supply charger" or "UPS"
		HB5366	- 3 -	LRB104 19979 WRO 33430 b
1includes a UPS as defined in IEC 62040-3 (2nd edition).
2"Battery backup" or "uninterruptible power supply charger" or
3"UPS" includes a voltage and frequency dependent UPS in which
4the output is dependent on changes in AC input voltage and
5frequency and is not intended to provide additional corrective
6functions, such as those relating to the use of tapped
7transformers.
8    "Cold-only unit" means a water cooler that dispenses cold
9water only.
10    "Commercial clothes dryer" means a cabinet-like appliance
11designed to dry fabrics in a tumble-type drum with forced air
12circulation that is not distributed in commerce for personal
13use or consumption by individuals.
14    "Commercial clothes washer" means a soft-mount
15front-loading or soft-mount top-loading clothes washer that:
16        (1) has a clothes container compartment that:
17            (A) for horizontal-axis clothes washers, is
18        greater than 3.5 cubic feet; and
19            (B) for vertical-axis clothes washers, is greater
20        than 4.0 cubic feet; and
21        (2) is designed for use in:
22            (A) applications in which the occupants of more
23        than one household will be using the clothes washer,
24        such as multifamily housing common areas and coin
25        laundries; or
26            (B) other commercial applications.
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1    "Commercial dishwasher" means a machine designed to clean
2and sanitize plates, pots, pans, glasses, cups, bowls,
3utensils, and trays by applying sprays of detergent solution,
4with or without blasting media granules, and a sanitizing
5rinse.
6    "Commercial fryer" means an appliance, including a cooking
7vessel, in which oil is placed to such a depth that the cooking
8food is essentially supported by displacement of the cooking
9fluid rather than by the bottom of the vessel, and in which
10heat is delivered to the cooking fluid by means of an immersed
11electric element or band-wrapped vessel, such as in the case
12of electric fryers, or by heat transfer from gas burners
13through either the walls of the fryer or through tubes passing
14through the cooking fluid, such as in the case of gas fryers.
15    "Commercial hot food holding cabinet" means a heated,
16fully enclosed compartment with one or more solid or
17transparent doors designed to maintain the temperature of hot
18food that has been cooked using a separate appliance.
19"Commercial hot food holding cabinet" does not include heated
20glass merchandising cabinets, drawer warmers, or cook-and-hold
21appliances.
22    "Commercial oven" means a chamber designed for heating,
23roasting, or baking food by conduction, convection, radiation,
24or electromagnetic energy, or a combination of conduction,
25convention, radiation, or electromagnetic energy.
26    "Commercial steam cooker" or "compartment steamer" means a
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1device with one or more food-steaming compartments in which
2the energy in the steam is transferred to the food by direct
3contact. "Commercial steam cooker" or "compartment steamer"
4includes, but is not limited to, a countertop model, a
5wall-mounted model, and a floor model mounted on a stand,
6pedestal, or cabinet-style base.
7    "Compensation" means money or any other valuable thing,
8regardless of form, received or to be received by a person for
9services rendered.
10    "Computer" means a device that performs logical operations
11and processes data, with or without input devices and
12displays. "Computer" includes both stationary and portable
13units, as well as a desktop computer, a portable all-in-one, a
14notebook computer, a mobile gaming system, a high
15expandability computer, a small-scale server, a thin client,
16and a workstation. "Computer" includes, at a minimum:
17        (1) a central processing unit (CPU) to perform
18    operations or, if no CPU is present, then the device must
19    function as a client gateway to a server and the server
20    acts as a computational CPU;
21        (2) ability to support user input devices such as a
22    keyboard, mouse, or touchpad; and
23        (3) an integrated display screen or the ability to
24    support an external display screen to output information.
25    "Computer" does not include a tablet, a game console, a
26television, a small computer device, a server other than a
		HB5366	- 6 -	LRB104 19979 WRO 33430 b
1small-scale server, or an industrial computer.
2    "Computer monitor" means an analog or digital device of
3diagonal screen size greater than or equal to 17 inches and
4less than or equal to 61 inches, that has a pixel density of
5greater than 5000 pixels per square inch, that is designed
6primarily for the display of computer-generated signals for
7viewing by one person in a desk-based environment, and that is
8composed of a display screen and associated electronics.
9"Computer monitor" does not include:
10        (1) displays with integrated or replaceable batteries
11    designed to support primary operation without AC mains or
12    external DC power, (e.g., electronic readers, mobile
13    phones, tablets, battery-powered digital picture frames);
14    or
15        (2) a television or a signage display.
16    "Computer server" means a computer that provides services
17and manages networked resources for client devices, including,
18but not limited to, desktop computers, notebook computers,
19thin clients, wireless devices, personal digital assistants,
20Internet protocol telephones, other computer servers, or other
21network devices.
22    "Computer server power supply unit" means a device that
23converts AC or DC input power to one or more DC power outputs
24for the purpose of powering a computer server and that is
25self-contained, physically separable from the motherboard and
26that connects to the system via a removable or hard-wired
		HB5366	- 7 -	LRB104 19979 WRO 33430 b
1electrical connection.
2    "Cook-and-cold unit" means a water cooler that dispenses
3both cold and room temperature water.
4    "Covered product" means:
5        (1) an automatic landscape irrigation controller;
6        (2) a commercial dishwasher;
7        (3) a commercial fryer;
8        (4) a commercial hot food holding cabinet;
9        (5) a commercial oven;
10        (6) a commercial steam cooker;
11        (7) a computer or computer monitor;
12        (8) a computer server power supply unit;
13        (9) an electric vehicle supply equipment;
14        (10) a faucet;
15        (11) an electric heat pump water heater;
16        (12) a gas fireplace;
17        (13) a portable electric spa;
18        (14) a residential ventilating fan;
19        (15) a showerhead;
20        (16) a spray sprinkler body;
21        (17) a State-regulated battery charger system;
22        (18) a urinal;
23        (19) a water closet;
24        (20) a water cooler; or
25        (21) any other product designated by the Director in
26    accordance with Section 15.
		HB5366	- 8 -	LRB104 19979 WRO 33430 b
1    "Decorative gas fireplace" means a vented fireplace,
2including appliances that are freestanding, recessed, zero
3clearance, log set, or a gas fireplace insert, that is fueled
4by natural gas or propane, is marked for decorative use only,
5and is not equipped with a thermostat or intended for use as a
6heater.
7    "Director" means the Director of the Environmental
8Protection Agency.
9    "Electric heat pump water heater" means an electric
10storage water heater with a maximum current rating of 24 amps
11at a voltage not greater than 250 volts that are designed to
12transfer thermal energy from one temperature level to a higher
13temperature level for the purpose of heating water, including
14all ancillary equipment such as fans, storage tanks, pumps or
15controls necessary for the device to perform.
16    "Electric resistance storage water heater" means a water
17heater that uses electricity as the energy source, has a
18nameplate input rating of 12 kW or less, and contains more than
19one gallon of water per 4000 Btu per hour of input.
20    "Electric storage water heater" means either an electric
21resistance storage water heater or an electric heat pump water
22heater.
23    "Electric vehicle supply equipment" means the conductors,
24including the ungrounded, grounded, and equipment grounding
25conductors, the electric vehicle connectors, attachment plugs,
26and all other fittings, devices, power outlets, or apparatuses
		HB5366	- 9 -	LRB104 19979 WRO 33430 b
1installed specifically for the purpose of delivering energy
2from the premises wiring to the electric vehicle. Excludes
3conductors, connectors, and fittings that are part of a
4vehicle.
5    "Faucet" means a private lavatory faucet, residential
6kitchen faucet, metering faucet, public lavatory faucet, or
7replacement aerator for a private lavatory, public lavatory or
8residential kitchen faucet.
9    "Gas fireplace" means a decorative gas fireplace or a
10heating gas fireplace.
11    "Federally exempt commercial laundry equipment" means
12commercial clothes dryers and commercial clothes washers
13outside the scope of 42 U.S.C. 6311(21).
14    "Flexible demand appliance standard" means a requirement
15for a covered product to have the capability to schedule,
16shift, or curtail the electrical demand of a load-serving
17entity's customer through direct action by the customer or
18through action by a third party, the load-serving entity, or a
19grid balancing authority, with the customer's consent.
20    "Hand-held showerhead" means a showerhead that can be held
21or fixed in place for the purpose of spraying water onto a
22bather and that is connected to a flexible hose.
23    "Heating gas fireplace" means a vented fireplace,
24including appliances that are freestanding, recessed, zero
25clearance, or a gas fireplace insert, that is fueled by
26natural gas or propane and is not a decorative fireplace.
		HB5366	- 10 -	LRB104 19979 WRO 33430 b
1    "Hot-and-cold unit" means a water cooler that dispenses
2both hot and cold water. "Hot-and-cold unit" includes a water
3cooler that dispenses room temperature water in addition to
4hot and cold water.
5    "Large battery charger system" means a State-regulated
6battery charger system (other than a battery charger system
7for golf carts) with a rated input power of more than 2
8kilowatts.
9    "Metering faucet" means a self-closing faucet that
10dispenses a specific volume of water for each actuation cycle
11and in which the volume or cycle duration can be fixed or
12adjustable.
13    "On-demand, hot-and-cold unit" means a water cooler that
14heats and cools water as it is requested.
15    "Person" means:
16        (1) any individual; or
17        (2) any corporation, company, association, firm,
18    partnership, society, trust, joint venture, or joint-stock
19    company.
20    "Plumbing fixture" means an exchangeable device that
21connects to a plumbing system to deliver and drain away water
22and waste.
23    "Portable electric spa" means a factory-built electric spa
24or hot tub that may or may not include integral controls, water
25heating equipment, or water circulating equipment, or any
26combination of these devices.
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1    "Potentially covered product" means:
2        (1) electric resistance storage water heaters;
3        (2) federally exempt commercial laundry equipment; or
4        (3) replacement tires for passenger and light-duty
5    vehicles.
6    "Pressure regulator" means a device that maintains
7constant operating pressure immediately downstream from the
8device, even with higher pressure upstream.
9    "Public lavatory faucet" means a fitting designed to be
10installed in nonresidential bathrooms that are exposed to
11walk-in traffic.
12    "Replacement aerator" means an aerator sold as a
13replacement and separate from the faucet to which it is
14intended to be attached.
15    "Replacement tire" means a tire designed to replace a tire
16sold with a new passenger car or light-duty truck.
17"Replacement tire" does not include a retreaded tire or any of
18the following tires:
19    (1) a limited production tire;
20    (2) a deep tread tire;
21    (3) a winter-type snow tire;
22    (4) a space-saver tire;
23    (5) a temporary use spare tire;
24    (6) a tire with a nominal rim diameter of 12 inches or
25less;
26    (7) a motorcycle tire; or
		HB5366	- 12 -	LRB104 19979 WRO 33430 b
1    (8) a tire manufactured specifically for use on an
2off-road motorized recreational vehicle.
3    "Residential ventilating fan" means a ceiling-mounted or
4wall-mounted fan, or remotely mounted in-line fan, designed to
5be used in a bathroom or utility room for the purpose of moving
6air from inside the building to the outdoors.
7    "Showerhead" means a component or set of components
8distributed in commerce for attachment to a single supply
9fitting and for spraying water onto a bather, typically from
10an overhead position, excluding safety shower showerheads.
11    "Spray sprinkler body" means the exterior case or shell of
12a sprinkler incorporating a means of connection to the piping
13system designed to convey water to a nozzle or orifice.
14    "State-regulated battery charger system" means a battery
15charger coupled with its batteries or battery chargers and
16their batteries. "State-regulated battery charger system"
17includes, but is not limited to: (1) rechargeable batteries or
18devices incorporating a rechargeable battery and the chargers
19used with them; (2) electronic devices with a battery that are
20normally charged from AC line voltage or DC input voltage
21through an internal or external power supply and a dedicated
22battery charger; (3) the battery and battery charger
23components of devices that are designed to run on battery
24power during part or all of their operations; (4) dedicated
25battery systems primarily designed for electrical or emergency
26backup; and (5) devices whose primary function is to charge
		HB5366	- 13 -	LRB104 19979 WRO 33430 b
1batteries, along with the batteries they are designed to
2charge, including chargers for power tool batteries and
3chargers for automotive, AA, AAA, C, D, or 9-volt rechargeable
4batteries, as well as chargers for batteries used in larger
5industrial motive equipment and a la carte chargers.
6    "State-regulated battery charger system" also includes a
7battery charger system in which the charging circuitry may or
8may not be located within the housing of the end-use device
9itself, as well as in which the battery may be charged with a
10dedicated external charger and separate power supply
11combination. "State-regulated battery charger system" does not
12include a federally regulated battery charger that is covered
13under standards in 10 CFR 430.32(z).
14    "Storage-type, hot-and-cold unit" means a water cooler
15that stores thermally conditioned water in a tank and makes
16that water available instantaneously. "Storage-type,
17hot-and-cold unit" includes any point-of-use cooler, any dry
18storage compartment cooler, or any bottled water cooler.
19    "Trough-type urinal" means a urinal designed for
20simultaneous use by 2 or more persons.
21    "Tub spout diverter" means a device that is designed to
22divert the flow of water into a bathtub so the water discharges
23through a showerhead.
24    "Urinal" means a plumbing fixture that receives only
25liquid body waste and conveys the waste through a trap into a
26drainage system.
		HB5366	- 14 -	LRB104 19979 WRO 33430 b
1    "Water closet" means a plumbing fixture having a
2water-containing receptor that receives liquid and solid body
3waste through an exposed integral trap into a drainage system.
4    "Water cooler" means a freestanding device that consumes
5energy to cool and heat potable water.
6    Section 15. Minimum efficiency standards; administrative
7rulemaking.
8    (a) Not later than December 31, 2025, the Agency shall
9adopt rules establishing flexible demand appliance standards
10for electric heat pump water heaters and minimum efficiency
11standards for all other covered products, except as provided
12in subsection (c). The Agency may not establish minimum
13efficiency standards, except for flexible demand appliance
14standards, for electric heat pump water heaters.
15    (b) Not later than one year after the effective date of
16this Act, the Agency shall adopt rules establishing minimum
17efficiency standards for the potentially covered products, or
18in the case of electric resistance storage water heaters,
19flexible demand appliance standards, except as provided in
20subsection (c). If the Agency chooses to not establish minimum
21standards for potentially covered products, they shall report
22such findings, along with justification, to the General
23Assembly. The Agency shall continue to assess potentially
24covered standards annually and report their determination to
25the General Assembly annually for 5 years after the effective
		HB5366	- 15 -	LRB104 19979 WRO 33430 b
1date of this Act or until the Agency adopts rules establishing
2minimum efficiency standards for a potentially covered
3product, whichever is sooner.
4    (c) The provisions of this Act do not apply to:
5        (1) new products manufactured in the State and sold
6    outside the State;
7        (2) new products manufactured outside the State and
8    sold at wholesale inside the State for final retail sale
9    and installation outside the State;
10        (3) products installed in mobile manufactured homes at
11    the time of construction; or
12        (4) products designed expressly for installation and
13    use in recreational vehicles.
14    (d) The rules adopted by the Agency under subsection (a)
15shall provide for the following minimum efficiency standards:
16        (1) Automatic landscape irrigation controllers shall,
17    at a minimum, meet the water efficiency and performance
18    criteria included within the U.S. Environmental Protection
19    Agency's Specification for Weather-Based Irrigation
20    Controllers, Version 1.1, or its Specification for Soil
21    Moisture-Based Irrigation Controllers, Version 1.0.
22        (2) Computers and computer monitors shall, at a
23    minimum, meet requirements that are substantially
24    equivalent to the standards authorized and adopted for
25    computers and computer monitors in California under
26    Sections 25213, 25216.5(d), 25218(e), 25401.9, 25402(a)
		HB5366	- 16 -	LRB104 19979 WRO 33430 b
1    through 25402(c), and 25960, of the California Public
2    Resources Code, and compliance with those requirements
3    shall, at a minimum, be as measured in accordance with
4    test methods that are substantially equivalent to the
5    rules adopted pursuant to those authorities. In addition,
6    the rules adopted by the Agency shall define "computer"
7    and "computer monitor" to have the same meaning as under
8    the California authorities cited in this paragraph (2),
9    and the Agency shall have authority to amend the rules so
10    that the definitions of "computer" and "computer monitor"
11    and the minimum efficiency standards for computers and
12    computer monitors conform to subsequently adopted
13    modifications in rules authorized and adopted under
14    relevant sections of the California Resources Code, or as
15    authorized under this Act with the minimum standards
16    stated in this paragraph (2).
17        (3) Electric vehicle supply equipment included in the
18    scope of the ENERGY STAR Program Requirements Product
19    Specification for Electric Vehicle Supply Equipment,
20    Version 1.0, shall, at a minimum, meet the certification
21    criteria of that specification.
22        (4) Faucets, except for metering faucets, shall, at a
23    minimum, meet the standards shown in this paragraph when
24    tested in accordance with 10 CFR Part 430, Subpart B,
25    Appendix S, "Uniform Test Method for Measuring the Water
26    Consumption of Faucets and Showerheads", and must comply
		HB5366	- 17 -	LRB104 19979 WRO 33430 b
1    with the following requirements:
2            (A) Private lavatory faucets and replacement
3        aerators shall not exceed a maximum flow rate of 1.5
4        gallons per minute at 60 pounds per square inch.
5            (B) Residential kitchen faucets and replacement
6        aerators shall not exceed a maximum flow rate of 1.8
7        gallons per minute at 60 pounds per square inch, with
8        optional temporary flow of 2.2 gallons per minute,
9        provided they default to a maximum flow rate of 1.8
10        gallons per minute at 60 pounds per square inch after
11        each use.
12            (C) Public lavatory faucets and replacement
13        aerators shall not exceed a maximum flow rate of 0.5
14        gallons per minute at 60 pounds per square inch.
15        (5) Gas fireplaces shall, at a minimum, comply with
16    the following requirements:
17            (A) Gas fireplaces shall be capable of
18        automatically extinguishing any pilot flame when the
19        main gas burner flame is extinguished.
20            (B) Gas fireplaces must prevent any ignition
21        source for the main gas burner flame from operating
22        continuously for more than 7 days from the last use of
23        the main burner.
24            (C) Decorative gas fireplaces must have a direct
25        vent configuration or power vent configuration, unless
26        marked for replacement use only.
		HB5366	- 18 -	LRB104 19979 WRO 33430 b
1            (D) Heating gas fireplaces shall have a fireplace
2        efficiency greater than or equal to 50% when tested in
3        accordance with CSA P.4.1-15, "Testing Method for
4        Measuring Fireplace Efficiency", as amended or
5        revised.
6        (6) Large battery charger systems and battery backup
7    or UPS systems shall, at a minimum, meet requirements that
8    are substantially equivalent to the standards authorized
9    and adopted for large battery charger systems and battery
10    backup or UPS systems in California under Sections 25213,
11    25216.5(d), 25218(e), 25401.9, 25402(a) through 25402(c),
12    and 25960, of the California Public Resources Code, and
13    compliance with those requirements shall, at a minimum, be
14    measured in accordance with test methods that are
15    substantially equivalent to those prescribed under the
16    rules adopted pursuant to those authorities. In addition,
17    the rules adopted by the Agency shall define "large
18    battery charger system" and "battery backup or
19    uninterruptible power supply charger (UPS)" to have the
20    same meaning as under the California authorities cited in
21    this paragraph (6), and the referenced rules in this
22    paragraph (6) shall be those adopted on or before the
23    effective date of this Act. However, the Director may
24    amend the rules so that the definitions of
25    "State-regulated battery charger system", "large battery
26    charger system", and "battery backup or UPS" and the
		HB5366	- 19 -	LRB104 19979 WRO 33430 b
1    minimum efficiency standards for a large battery charger
2    system and a battery backup or UPS conform to subsequently
3    adopted modifications in rules authorized and adopted
4    under relevant sections of the California Resources Code,
5    or as authorized under this Act with the minimum standards
6    stated in this paragraph (6).
7        (7) Portable electric spas shall, at a minimum, meet
8    the requirements of the "American National Standard for
9    Portable Electric Spa Energy Efficiency" (ANSI/APSP/ICC
10    14-2019).
11        (8) In-line residential ventilating fans shall, at a
12    minimum, have a fan motor efficiency of no less than 2.8
13    cubic feet per minute per watt. All other residential
14    ventilating fans shall have a fan motor efficacy of no
15    less than 1.4 cubic feet per minute per watt for airflows
16    less than 90 cubic feet per minute and no less than 2.8
17    cubic feet per minute per watt for other airflows when
18    tested in accordance with Home Ventilation Institute
19    Publication 916, "HVI Airflow Test Procedure".
20        (9) Showerheads shall, at a minimum, not exceed a
21    maximum flow rate of 2.0 gallons per minute at 80 pounds
22    per square inch when tested in accordance with 10 CFR Part
23    430, Subpart B, Appendix S, "Uniform Test Method for
24    Measuring the Water Consumption of Faucets and
25    Showerheads".
26        (10) Spray sprinkler bodies that are not specifically
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1    excluded from the scope of the U.S. Environmental
2    Protection Agency's Specification for Spray Sprinkler
3    Bodies, Version 1.0, shall, at a minimum, include an
4    integral pressure regulator and shall, at a minimum, meet
5    the water efficiency and performance criteria and other
6    requirements of that specification.
7        (11) Urinals and water closets, other than those
8    designed and marketed exclusively for use at prisons or
9    mental health facilities, shall, at a minimum, meet the
10    standards described in subparagraphs (A) to (C) when
11    tested in accordance with 10 CFR Part 430, Subpart B,
12    Appendix S, "Uniform Test Method for Measuring the Water
13    Consumption of Water Closets and Urinals", and water
14    closets shall, at a minimum, pass the waste extraction
15    test for water closets (Section 7.9) of the American
16    Society of Mechanical Engineers (ASME) A112.19.2/CSA
17    B45.1-2018. The minimum standards for urinals and water
18    closets are as follows:
19            (A) Wall-mounted urinals, except for trough-type
20        urinals, shall, at a minimum, have a maximum flush
21        volume of 0.5 gallons per flush.
22            (B) Floor-mounted urinals, except for trough-type
23        urinals, shall, at a minimum, have a maximum flush
24        volume of 0.5 gallons per flush.
25            (C) Water closets shall, at a minimum, have a
26        maximum flush volume of 1.28 gallons per flush.
		HB5366	- 21 -	LRB104 19979 WRO 33430 b
1        (12) Water coolers included in the scope of the ENERGY
2    STAR Program Requirements Product Specification for Water
3    Coolers, Version 2.0, shall, at a minimum, have "On Mode
4    with No Water Draw" energy consumption less than or equal
5    to the following values as measured in accordance with the
6    test requirements of that program:
7            (A) 0.16 kilowatt hours per day for cold-only
8        units and cook-and-cold units;
9            (B) 0.87 kilowatt hours per day for storage-type,
10        hot-and-cold units; and
11            (C) 0.18 kilowatt hours per day for on-demand,
12        hot-and-cold units.
13    (e) The Agency may adopt rules to establish more stringent
14efficiency standards for covered products, including any other
15products as may be designated by the Director. In considering
16such new or amended standards, the Director shall set
17efficiency standards upon a determination that more stringent
18efficiency standards would serve to promote energy or water
19conservation in the State and would be cost effective for
20consumers who purchase and use such new products. However, no
21new or more stringent efficiency standards shall become
22effective within one year following the adoption of any
23amended rules establishing such more stringent efficiency
24standards.
25    (f) The Agency may adopt rules to establish a waiver
26process to grant full or partial waivers to minimum efficiency
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1standards, flexible demand appliance standards, or test
2procedures established under this Section. Manufacturers,
3retailers, distributors, or installers of covered products and
4potentially covered products may petition the Agency for a
5waiver. The Agency must make details publicly available of any
6such petition and final ruling. The Agency may grant a waiver
7only if doing so will support the objectives of this Act and
8will not result in a significant erosion of consumer or
9environmental benefits from this Act.
10    (g) If any of the energy or water conservation standards
11issued or approved for publication by the Office of the United
12States Secretary of Energy as of January 19, 2025, pursuant to
13the Energy Policy and Conservation Act (Parts 430-431 of Title
1410 of the Code of Federal Regulations), are withdrawn,
15repealed, or otherwise voided, the minimum energy or water
16efficiency level permitted for products previously subject to
17federal energy or water conservation standards in this State
18shall be the applicable federal standards as of January 19,
192025, and no such new product may be sold or offered for sale,
20lease or rent in this State unless it meets or exceeds such
21standards. This Section shall not apply to any federal energy
22or water conservation standard set aside by a court upon the
23petition of a person who will be adversely affected, as
24provided in Section 6306(b) of Title 42 of the United States
25Code.
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1    Section 20. Implementation.
2    (a) Beginning 180 days after the date upon which the
3standards are adopted by the Agency under Section 15, no new
4covered product may be sold or offered for sale, lease, or rent
5in the State unless the new product meets the requirements of
6the standards adopted by the Agency under Section 15.
7    (b) Beginning one year after the date upon which the sale
8or offering for sale of covered products becomes subject to
9subsection (a) of this Section, no such products may be
10installed for compensation in the State unless the efficiency
11of the new product meets or exceeds the efficiency standards
12provided under the rules adopted under Section 15.
13    Section 25. Testing, certification, labeling, and
14enforcement.
15    (a) The manufacturers of covered products shall test
16samples of their products in accordance with the test
17procedures under this Act. The Agency may adopt rules
18regarding updated test methods when new versions of test
19procedures become available.
20    (b) Manufacturers of covered products shall certify to the
21Agency, or to an approved third party as determined by the
22Director, that such products are in compliance with the
23provisions of this Act. Such certifications shall be based on
24test results. The Agency shall adopt rules governing the
25certification of such products and shall coordinate with the
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1certification programs of other states and federal agencies
2with similar standards.
3    (c) Manufacturers of new covered products shall identify
4each product offered for sale or installation in the State as
5in compliance with the provisions of this Act by means of a
6mark, label, or tag on the product and packaging at the time of
7sale or installation or other similar means as determined by
8the Agency. The Agency shall adopt rules governing the
9identification of such products and packaging, which shall be
10coordinated to the greatest practical extent with the labeling
11programs of other states and federal agencies with equivalent
12efficiency standards. The Agency shall allow the use of
13existing marks, labels, or tags, which connote compliance with
14the efficiency requirements of this Act.
15    (d) The Agency shall support compliance with the
16provisions of this Act through outreach and education to
17manufacturers and affected parties who sell or install covered
18products, such as distributors, retailers, and contractors.
19The Agency may support these compliance activities directly or
20through collaboration with investor-owned utilities or other
21interested parties such as trade associations or technical or
22trade schools.
23    (e) Nothing in this Section shall be interpreted to limit
24the ability of a utility to offer energy efficient rebates or
25to claim energy savings resulting from such programs, through
26its energy efficiency plans approved by the Illinois Commerce
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1Commission under Section 8-103B of the Public Utilities Act.
2    (f) The Agency may test covered products. If products so
3tested are found not to be in compliance with the minimum
4efficiency standards adopted under Section 15, the Agency
5shall:
6        (1) charge the manufacturer of such product for the
7    cost of product purchase and testing; and
8        (2) make information available to the Attorney General
9    and the public on products found not to be in compliance
10    with the standards.
11    (g) The Agency may cause periodic inspections to be made
12of distributors or retailers of new covered products in order
13to determine compliance with the provisions of this Act. The
14Agency shall investigate complaints received concerning
15violations of this Act.
16    (h) If the Agency finds that any person has committed a
17violation of any provision of this Act, the Agency shall issue
18a warning to such person. Any person who commits a violation
19after the issuance of such warning shall, following notice and
20an opportunity to be heard, be subject to a civil penalty
21issued by the Agency of up to $100 for each violation. Any
22further violations committed by such person after this second
23violation shall be subject to a civil penalty issued by the
24Agency of not more than $500 for each violation. Each product
25offered, sold, or distributed in violation of this Act shall
26constitute a separate violation, and each day that a violation
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1occurs shall constitute a separate violation. Penalties
2assessed under this subsection are in addition to costs
3assessed under subsection (f) of this Section. The Agency
4shall adopt rules that establish procedures under this
5subsection comporting with due process and that provide for
6the review of final decisions under the Administrative Review
7Law.
8    (i) If the Agency finds repeated violations have occurred,
9it shall refer the matter to the Attorney General. The
10Attorney General may institute proceedings to seek an
11injunction in circuit court to enforce the provisions of this
12Act, in addition to any other remedies under this Act or in law
13or equity.
14    (j) The Agency may adopt any rules necessary to ensure the
15proper implementation, administration, and enforcement of the
16provisions of this Act.
17    Section 97. Severability. The provisions of this Act are
18severable under Section 1.31 of the Statute on Statutes.