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.