093_SB0609 LRB093 09629 AMC 09867 b 1 AN ACT in relation to energy conservation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short Title. This Act may be cited as the 5 Energy Efficient Building Act. 6 Section 5. Findings. 7 (a) The legislature finds that an effective energy 8 efficient building code is essential to: 9 (1) reduce the air pollutant emissions from energy 10 consumption that are affecting the health of residents of 11 this State; 12 (2) moderate future peak electric power demand; 13 (3) assure the reliability of the electrical grid 14 and an adequate supply of home heating oil and natural 15 gas; and 16 (4) control energy costs for residents and 17 businesses in this State. 18 (b) The legislature further finds that this State has a 19 number of unique climate types, all of which require energy 20 for both cooling and heating, and that there are many 21 cost-effective measures that can reduce peak energy use and 22 reduce cooling, heating, and other energy costs in buildings. 23 Section 10. Definitions. 24 "Board" means the Capital Development Board. 25 "Code" means the 2000 International Energy Conservation 26 Code, the 2001 supplement to that Code, and the adaptations 27 to the Code that are made by the Board. 28 "Municipality" means any city, village, or incorporated 29 town. -2- LRB093 09629 AMC 09867 b 1 Section 15. Energy Efficient Building Code. The Board 2 shall adopt as minimum Code requirements applying to the 3 construction of all new residential, commercial, and 4 industrial buildings in the State, the 2000 International 5 Energy Conservation Code and 2002 Supplement to the 2000 6 International Energy Conservation Code as adopted by the 7 International Code Council. The Board may appropriately 8 adapt the International Energy Conservation Code to apply to 9 the particular economy, population distribution, geography, 10 and climate of the State and construction therein, consistent 11 with the public policy objectives of this Act. 12 Section 20. Applicability. 13 (a) Except as otherwise provided by this Act, the Code 14 shall apply to any building or structure in this State for 15 which a building permit application is received by a 16 municipality or county on or after the effective date of this 17 Act. 18 (b) The following buildings shall be exempt from the 19 Energy Efficient Building Code: 20 (1) Buildings otherwise exempt from the provisions 21 of a locally adopted building code and buildings that do 22 not contain a conditioned space. 23 (2) Buildings that do not use either electricity or 24 fossil fuel for comfort conditioning. For purposes of 25 determining whether this exemption applies, a building 26 will be presumed to be heated by electricity, even in the 27 absence of equipment used for electric comfort heating, 28 whenever the building is provided with electrical service 29 in excess of 100 amps, unless the code enforcement 30 official determines that this electrical service is 31 necessary for purposes other than providing electric 32 comfort heating. 33 (3) Historic buildings. This exemption shall apply -3- LRB093 09629 AMC 09867 b 1 to those buildings that are listed on the National 2 Register of Historic Places or the Illinois Register of 3 Historic Places, and to those buildings that have been 4 designated as historically significant by a local 5 governing body that is authorized to make such 6 designations. 7 Section 25. Technical assistance. 8 (a) The Board shall make available to builders, 9 designers, engineers, and architects implementation materials 10 that explain the requirements of the Code and describe 11 methods of compliance acceptable to Code Enforcement 12 Officials. 13 (b) The materials shall include software tools, 14 simplified prescriptive options, and other materials as 15 appropriate. The simplified materials shall be designed for 16 projects in which a design professional may not be involved. 17 (c) The Board shall provide local jurisdictions with 18 technical assistance concerning implementation and 19 enforcement of the Code. 20 Section 30. Enforcement. The Board shall determine 21 procedures for compliance with the Code. These procedures 22 may include but need not be limited to certification by a 23 national, State, or local accredited energy conservation 24 program or inspections from private Code-certified inspectors 25 using the Code. 26 Section 35. Rules. The Board may adopt any rules that 27 are necessary for the furtherance of this Act. 28 Section 40. Home rule. The adoption of energy 29 efficiency building standards is an exclusive power and 30 function of the State. A home rule unit may not adopt energy -4- LRB093 09629 AMC 09867 b 1 efficiency building standards, and any building efficiency 2 standards in existence on the effective date of this Act are 3 void. This Act is a denial and limitation of home rule 4 powers and functions under subsection (h) of Section 6 of 5 Article VII of the Illinois Constitution. This denial and 6 limitation of home rule powers and functions does not apply 7 to municipalities with populations exceeding 500,000 persons. 8 Section 90. The State Finance Act is amended by adding 9 Section 5.595 as follows: 10 (30 ILCS 105/5.595 new) 11 Sec. 5.595. The Energy Efficient Building Fund. 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.