HB1612 104TH GENERAL ASSEMBLY

LRB104 08810 BDA 18865 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1612

Introduced 1/28/2025, 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.

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 Illinois Appliance 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 the products meet minimum efficiency performance levels, thus reducing energy and water waste and saving consumers and businesses money on utility bills.

(2) Efficiency standards save energy and reduce climate-changing emissions and other environmental impacts associated with the production, distribution, and use of electricity, natural gas, and related fuels.

(3) Efficiency standards also save water, mitigating the effects of short-term and long-term droughts and helping to conserve fresh water supplies.

(4) Utility savings resulting from more efficient products benefit all consumers but are especially important to low-income families, who spend a disproportionate share of their income on utilities. Efficiency standards also help the State and local economies because bill savings can be spent on local goods and services.

(5) Energy and water savings help reduce or delay the need for expensive investments in new power plants, transmission lines, and distribution system upgrades, new and expanded gas pipelines, and water and sewer infrastructure improvements.

Section 10. Definitions. In this Act:

"Agency" means the Environmental Protection Agency .

"Automatic landscape irrigation controller" means a device used to remotely control valves that operate a landscape irrigation system. "Automatic landscape irrigation controller" includes, but is not limited to, a weather-based irrigation controller, a soil moisture-based irrigation controller, and a timer-based irrigation controller, whether configured as a standalone controller, a base controller, an add-on device, or a plug-in device. "Automatic landscape irrigation controller" does not include an irrigation control device designed for attachment to a hose bib or a hose end or an irrigation control device designed and marketed for agricultural purposes.

"Battery backup" or "uninterruptible power supply charger" or "UPS" means a small battery charger system that is voltage and frequency dependent and designed to provide power to an end-use product in the event of a power outage. "Battery backup" or "uninterruptible power supply charger" or "UPS" includes a UPS as defined in IEC 62040-3 (2nd edition). "Battery backup" or "uninterruptible power supply charger" or "UPS" includes a voltage and frequency dependent UPS in which the output is dependent on changes in AC input voltage and frequency and is not intended to provide additional corrective functions, such as those relating to the use of tapped transformers.

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

"Commercial clothes dryer" means a cabinet-like appliance designed to dry fabrics in a tumble-type drum with forced air circulation that is not distributed in commerce for personal use or consumption by individuals.

"Commercial clothes washer" means a soft-mount front-loading or soft-mount top-loading clothes washer that:

(1) has a clothes container compartment that:

(A) for horizontal-axis clothes washers, is greater than 3.5 cubic feet; and

(B) for vertical-axis clothes washers, is greater than 4.0 cubic feet; and

(2) is designed for use in:

(A) applications in which the occupants of more than one household will be using the clothes washer, such as multifamily housing common areas and coin laundries; or

(B) other commercial applications.

"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, and in which heat is delivered to the cooking fluid by means of an immersed electric element or band-wrapped vessel, such as in the case of electric fryers, or by heat transfer from gas burners through either the walls of the fryer or through tubes passing through the cooking fluid, such as in the case of 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 merchandising 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, or a combination of conduction, convention, radiation, or electromagnetic energy.

"Commercial steam cooker" or "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. "Commercial steam cooker" or "compartment steamer" includes, but is not limited to, a countertop model, a wall-mounted model, and a floor model 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.

"Computer" means a device that performs logical operations and processes data, with or without input devices and displays. "Computer" includes both stationary and portable units, as well as a desktop computer, a portable all-in-one, a notebook computer, a mobile gaming system, a high expandability computer, a small-scale server, a thin client, and a workstation. "Computer" includes, at a minimum:

(1) a central processing unit (CPU) to perform operations or, if no CPU is present, then the device must function as a client gateway to a server and the server acts as a computational CPU;

(2) ability to support user input devices such as a keyboard, mouse, or touchpad; and

(3) an integrated display screen or the ability to support an external display screen to output information.

"Computer" does not include a tablet, a game console, a television, a small computer device, a server other than a small-scale server, or an industrial computer.

"Computer monitor" means an analog or digital device of diagonal screen size greater than or equal to 17 inches and less than or equal to 61 inches, that has a pixel density of greater than 5000 pixels per square inch, that is designed primarily for the display of computer generated signals for viewing by one person in a desk-based environment, and that is composed of a display screen and associated electronics. "Computer monitor" does not include:

(1) displays with integrated or replaceable batteries designed to support primary operation without AC mains or external DC power, (e.g., electronic readers, mobile phones, tablets, battery-powered digital picture frames); or

(2) a television or a signage display.

"Computer server" means a computer that provides services and manages networked resources for client devices, including, but not limited to, desktop computers, notebook computers, thin clients, wireless devices, personal digital assistants, Internet protocol telephones, other computer servers, or other network devices.

"Computer server power supply unit" means a device that converts AC or DC input power to one or more DC power outputs for the purpose of powering a computer server and that is self-contained, physically separable from the motherboard and that connects to the system via a removable or hard-wired electrical connection.

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

"Covered product" means:

(1) an automatic landscape irrigation controller;

(2) a commercial dishwasher;

(3) a commercial fryer;

(4) a commercial hot food holding cabinet;

(5) a commercial oven;

(6) a commercial steam cooker;

(7) a computer or computer monitor;

(8) a computer server power supply unit;

(9) an electric vehicle supply equipment;

(10) a faucet;

(11) an electric heat pump water heater;

(12) a gas fireplace;

(13) a portable electric spa;

(14) a residential ventilating fan;

(15) a showerhead;

(16) a spray sprinkler body;

(17) a State-regulated battery charger system;

(18) a urinal;

(19) a water closet;

(20) a water cooler; or

(21) any other product designated by the Director in accordance with Section 15.

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

"Director" means the Director of the Environmental Protection Agency.

"Electric heat pump water heater" means an electric storage water heater with a maximum current rating of 24 amps at a voltage not greater than 250 volts that are designed to transfer thermal energy from one temperature level to a higher temperature level for the purpose of heating water, including all ancillary equipment such as fans, storage tanks, pumps or controls necessary for the device to perform.

"Electric resistance storage water heater" means a water heater that uses electricity as the energy source, has a nameplate input rating of 12 kW or less, and contains more than one gallon of water per 4000 Btu per hour of input.

"Electric storage water heater" means either an electric resistance storage water heater or an electric heat pump water heater.

"Electric vehicle supply equipment" means the conductors, including the ungrounded, grounded, and equipment grounding conductors, the 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 the electric vehicle. Excludes conductors, connectors, and fittings that are part of a 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.

"Federally exempt commercial laundry equipment" means commercial clothes dryers and commercial clothes washers outside the scope of 42 U.S.C. 6311(21).

"Flexible demand appliance standard" means a requirement for a covered product to have the capability to schedule, shift, or curtail the electrical demand of a load-serving entity's customer through direct action by the customer or through action by a third party, the load-serving entity, or a grid balancing authority, with the customer's consent.

"Hand-held showerhead" means a showerhead that can be held or fixed in place for the purpose of spraying water onto a bather and that is connected to a flexible hose.

"Heating gas fireplace" means a vented fireplace, including appliances that are freestanding, recessed, zero clearance, or a gas fireplace insert, that is fueled by natural gas or propane and is not a decorative fireplace.

"Hot-and-cold unit" means a water cooler that dispenses both hot and cold water. "Hot-and-cold unit" includes a water cooler that dispenses room temperature water in addition to hot and cold water.

"Large battery charger system" means a State-regulated battery charger system (other than a battery charger system for golf carts) with a rated input power of more than 2 kilowatts.

"Metering faucet" means a self-closing faucet that dispenses a specific volume of water for each actuation cycle and in which the volume or cycle duration can be fixed or adjustable.

"On-demand, hot-and-cold unit" means a water cooler that heats and cools water as it is requested.

"Person" means:

(1) any individual; or

(2) any corporation, company, association, firm, partnership, society, trust, joint venture, or joint-stock company.

"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 that may or may not include integral controls, water heating equipment, or water circulating equipment, or any combination of these devices.

"Potentially covered product" means:

(1) electric resistance storage water heaters;

(2) federally exempt commercial laundry equipment; or

(3) replacement tires for passenger and light-duty vehicles.

"Pressure regulator" means a device that maintains constant operating pressure immediately downstream from the device, even with higher pressure upstream.

"Public lavatory faucet" means 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 and separate from the faucet to which it is intended to be attached.

"Replacement tire" means a tire designed to replace a tire sold with a new passenger car or light-duty truck. "Replacement tire" does not include a retreaded tire or any of the following tires:

(1) a limited production tire;

(2) a deep tread tire;

(3) a winter-type snow tire;

(4) a space-saver tire;

(5) a temporary use spare tire;

(6) a tire with a nominal rim diameter of 12 inches or less;

(7) a motorcycle tire; or

(8) a tire manufactured specifically for use on an off-road motorized recreational vehicle.

"Residential ventilating fan" means a ceiling-mounted or 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.

"Showerhead" means a component or set of components distributed in commerce for attachment to a single supply fitting and for spraying water onto a bather, typically from an overhead position, excluding safety shower showerheads.

"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 battery charger system" means a battery charger coupled with its batteries or battery chargers and their batteries. "State-regulated battery charger system" includes, but is not limited to: (1) rechargeable batteries or devices incorporating a rechargeable battery and the chargers used with them; (2) electronic devices with a battery that are normally charged from AC line voltage or DC input voltage through an internal or external power supply and a dedicated battery charger; (3) the battery and battery charger components of devices that are designed to run on battery power during part or all of their operations; (4) dedicated battery systems primarily designed for electrical or emergency backup; and (5) devices whose primary function is to charge batteries, along with the batteries they are designed to charge, including chargers for power tool batteries and chargers for automotive, AA, AAA, C, D, or 9-volt rechargeable batteries, as well as chargers for batteries used in larger industrial motive equipment and a la carte chargers.

"State-regulated battery charger system" also includes a battery charger system in which the charging circuitry may or may not be located within the housing of the end-use device itself, as well as in which the battery may be charged with a dedicated external charger and separate power supply combination. "State-regulated battery charger system" does not include a federally regulated battery charger that is covered under standards in 10 CFR 430.32(z).

"Storage-type, hot-and-cold unit" means a water cooler that stores thermally conditioned water in a tank and makes that water available instantaneously. "Storage-type, hot-and-cold unit" includes any point-of-use cooler, any dry storage compartment cooler, or any bottled water cooler.

"Trough-type urinal" means a urinal designed for simultaneous use by 2 or more persons.

"Tub spout diverter" means a device that is designed to divert the flow of water into a bathtub so the water discharges through a showerhead.

"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 and heat potable water.

Section 15. Minimum efficiency standards; administrative rulemaking.

(a) Not later December 31, 2025, the Agency shall adopt rules establishing flexible demand appliance standards for electric heat pump water heaters and minimum efficiency standards for all other covered products, except as provided in subsection (c). The Agency may not establish minimum efficiency standards, except for flexible demand appliance standards, for electric heat pump water heaters.

(b) Not later than one year after the effective date of this Act, the Agency shall adopt rules establishing minimum efficiency standards for the potentially covered products, or in the case of electric resistance storage water heaters, flexible demand appliance standards, except as provided in subsection (c). If the Agency chooses to not establish minimum standards for potentially covered products, they shall report such findings, along with justification, to the General Assembly. The Agency shall continue to assess potentially covered standards annually and report their determination to the General Assembly annually for 5 years after the effective date of this Act or until the Agency adopts rules establishing minimum efficiency standards for a potentially covered product, whichever is sooner.

(c) 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.

(d) The rules adopted by the Agency under subsection (a) shall provide for the following minimum efficiency standards:

(1) Automatic landscape irrigation controllers shall, at a minimum, meet the water efficiency and performance criteria included within the U.S. Environmental Protection Agency's Specification for Weather-Based Irrigation Controllers, Version 1.1, or its Specification for Soil Moisture-Based Irrigation Controllers, Version 1.0.

(2) Computers and computer monitors shall, at a minimum, meet requirements that are substantially equivalent to the standards authorized and adopted for computers and computer monitors in California under Sections 25213, 25218(e), 25216.5(d), 25401.9, 25402(a) through 25402(c), and 25960, of the California Public Resources Code, and compliance with those requirements shall, at a minimum, be as measured in accordance with test methods that are substantially equivalent to the rules adopted pursuant to those authorities. In addition, the rules adopted by the Agency shall define "computer" and "computer monitor" to have the same meaning as under the California authorities cited in this paragraph (2), and the Agency shall have authority to amend the rules so that the definitions of "computer" and "computer monitor" and the minimum efficiency standards for computers and computer monitors conform to subsequently adopted modifications in rules authorized and adopted under relevant sections of the California Resources Code, or as authorized under this Act with the minimum standards stated in this paragraph (2).

(3) Electric vehicle supply equipment included in the scope of the ENERGY STAR Program Requirements Product Specification for Electric Vehicle Supply Equipment, Version 1.0, shall, at a minimum, meet the certification criteria of that specification.

(4) Faucets, except for metering faucets, shall, at a minimum, meet the standards shown in this paragraph when tested in accordance with 10 CFR Part 430, Subpart B, Appendix S, "Uniform Test Method for Measuring the Water Consumption of Faucets and Showerheads", and must comply with the following requirements:

(A) Private 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.

(5) Gas fireplaces shall, at a minimum, comply with the following requirements:

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

(B) Gas fireplaces must prevent any ignition source for the main gas burner flame from operating continuously for more than 7 days from last use of the main burner.

(C) Decorative gas fireplaces must have a direct vent configuration or power 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 Fireplace Efficiency", as amended or revised.

(6) Large battery charger systems and battery backup or UPS systems shall, at a minimum, meet requirements that are substantially equivalent to the standards authorized and adopted for large battery charger systems and battery backup or UPS systems in California under Sections 25213, 25216.5(d), 25218(e), 25401.9, 25402(a) through 25402(c), and 25960, of the California Public Resources Code, and compliance with those requirements shall, at a minimum, be measured in accordance with test methods that are substantially equivalent to those prescribed under the rules adopted pursuant to those authorities. In addition, the rules adopted by the Agency shall define "large battery charger system" and "battery backup or uninterruptible power supply charger (UPS)" to have the same meaning as under the California authorities cited in this paragraph (6), and the referenced rules in this paragraph (6) shall be those adopted on or before the effective date of this Act. However, the Director may amend the rules so that the definitions of "State-regulated battery charger system", "large battery charger system", and "battery backup or UPS" and the minimum efficiency standards for a large battery charger system and a battery backup or UPS conform to subsequently adopted modifications in rules authorized and adopted under relevant sections of the California Resources Code, or as authorized under this Act with the minimum standards stated in this paragraph (6).

(7) Portable electric spas shall, at a minimum, meet the requirements of the "American National Standard for Portable Electric Spa Energy Efficiency" (ANSI/APSP/ICC 14-2019).

(8) In-line residential ventilating fans shall, at a minimum, have a fan motor efficiency 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".

(9) Showerheads shall, at a minimum, not exceed a maximum flow rate of 2.0 gallons per minute at 80 pounds per square inch when tested in accordance with 10 CFR Part 430, Subpart B, Appendix S, "Uniform Test Method for Measuring the Water Consumption of Faucets and Showerheads".

(10) Spray sprinkler bodies that are not specifically excluded from the scope of the U.S. Environmental Protection Agency's Specification for Spray Sprinkler Bodies, Version 1.0, shall, at a minimum, include an integral pressure regulator and shall, at a minimum, meet the water efficiency and performance criteria and other requirements of that specification.

(11) Urinals and water closets, other than those designed and marketed exclusively for use at prisons or mental health facilities, shall, at a minimum, meet the standards described in subparagraphs (A) to (C) when tested in accordance with 10 CFR Part 430, Subpart B, Appendix S, "Uniform Test Method for Measuring the Water Consumption of Water Closets and Urinals", and water closets shall, at a minimum, pass the waste extraction test for water closets (Section 7.9) of the American Society of Mechanical Engineers (ASME) A112.19.2/CSA B45.1-2018. The minimum standards for urinals and water closets are as follows:

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

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

(C) Water closets shall, at a minimum, have a maximum flush volume of 1.28 gallons per flush.

(12) Water coolers included in the scope of the ENERGY STAR Program Requirements Product Specification for Water Coolers, Version 2.0, shall, at a minimum, have "On Mode with No Water Draw" energy consumption less than or equal to 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.

(e) The Agency may adopt rules to establish more stringent efficiency standards for covered products, including any other products as may be designated by the Director. In considering such new or amended standards, the Director shall set efficiency standards upon a determination that more stringent efficiency standards would serve to promote energy or water conservation in the State and would be cost effective for consumers who purchase and use such new products. However, no new or more stringent efficiency standards shall become effective within one year following the adoption of any amended rules establishing such more stringent efficiency standards.

(f) The Agency may adopt rules to establish a waiver process to grant full or partial waivers to minimum efficiency standards, flexible demand appliance standards, or test procedures established under this Section. Manufacturers, retailers, distributors, or installers of covered products and potentially covered products may petition the Agency for a waiver. The Agency must make details publicly available of any such petition and final ruling. The Agency may grant a waiver only if doing so will support the objectives of this Act and will not result in a significant erosion of consumer or environmental benefits from this Act.

(g) 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 19, 2025, pursuant to the Energy Policy and Conservation Act (Parts 430-431 of Title 10 of the Code of Federal Regulations), 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 in this State shall be the applicable federal standards as of January 19, 2025, and no such new product may be sold or offered for sale, lease or rent in this State unless it meets or exceeds such standards. 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 20. Implementation.

(a) Beginning 180 days after the date upon which the standards are adopted by the Agency under Section 15, no new covered product may be sold or offered for sale, lease, or rent in the State unless the new product meets the requirements of the standards adopted by the Agency under Section 15.

(b) Beginning one year after the date upon which the sale or offering for sale of covered products becomes subject to subsection (a) 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 under the rules adopted under Section 15.

Section 25. Testing, certification, labeling, and enforcement.

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

(b) Manufacturers of covered products shall certify to the Agency, or to an approved third party as determined by the Director, 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 covered products 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 or other similar means as determined by the Agency. 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 shall support compliance with the provisions of this Act through outreach and education to manufacturers and affected parties who sell or install covered products, such as distributors, retailers and contractors. The Agency may support these compliance activities directly or through collaboration with investor-owned utilities or other interested parties such as trade associations or technical or trade schools.

(e) Nothing in this Section shall be interpreted to limit the ability of a utility to offer energy efficient rebates or to claim energy savings resulting from such programs, through its energy efficiency plans approved by the Illinois Commerce Commission under Section 8-103B of the Public Utilities Act.

(f) The Agency may test covered products. If products so tested are found not to be in compliance with the minimum efficiency standards adopted under Section 15, 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 Attorney General and the public on products found not to be in compliance with the standards.

(g) The Agency may cause periodic inspections to be made of distributors or retailers of new covered products in order to determine compliance with the provisions of this Act. The Agency shall investigate complaints received concerning violations of this Act.

(h) If the Agency finds that any person has committed a violation of any provision of this Act, the Agency shall issue a warning to such person. Any person who commits a violation after the issuance of such warning shall, following notice and an opportunity to be heard, be subject to a civil penalty issued by the Agency of up to $100 for each violation. Any further violations committed by such person after this second violation shall be subject to a civil penalty issued by the Agency of not more than $500 for each violation. Each product offered, sold, or distributed in violation of this Act shall constitute a separate violation, and each day that a violation occurs shall constitute a separate violation. Penalties assessed under this subsection are in addition to costs assessed under subsection (f) of this Section. The Agency shall adopt rules that establish procedures under this subsection comporting with due process and that provide for the review of final decisions under the Administrative Review Law.

(i) If the Agency finds repeated violations have occurred, it shall refer the matter to the Attorney General. The Attorney General may institute proceedings to seek an injunction in circuit court to enforce the provisions of this Act, in addition to any other remedies under this Act or in law or equity.

(j) The Agency may adopt any rules necessary to ensure the proper implementation, administration, 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.