093_SB1797

 
                                     LRB093 08323 AMC 08541 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.
 
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 1        Section  15.  Energy  Efficient Building Code.  The Board
 2    shall adopt as Code requirements applying to construction  of
 3    all  new residential, commercial, and industrial buildings in
 4    the State, the 2000 International  Energy  Conservation  Code
 5    and   2001   Supplement  to  the  2000  International  Energy
 6    Conservation  Code  as  adopted  by  the  International  Code
 7    Council.  The Board may appropriately adapt the International
 8    Energy Conservation Code to apply to the particular  economy,
 9    population  distribution, geography, and climate of the State
10    and construction therein, consistent with the  public  policy
11    objectives of this Act.

12        Section 20.  Exempt buildings.
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 January 1, 2004.
17        (b)  The following buildings shall  be  exempt  from  the
18    Energy Efficient Building Code:
19             (1)  Buildings  otherwise exempt from the provisions
20        of a locally adopted building code and buildings that  do
21        not contain a conditioned space.
22             (2)  Buildings that do not use either electricity or
23        fossil  fuel  for  comfort conditioning.  For purposes of
24        determining whether this exemption  applies,  a  building
25        will be presumed to be heated by electricity, even in the
26        absence  of  equipment used for electric comfort heating,
27        whenever the building is provided with electrical service
28        in excess  of  100  amps,  unless  the  code  enforcement
29        official  determines  that  this  electrical  service  is
30        necessary  for  purposes  other  than  providing electric
31        comfort heating.
32             (3)  Historic buildings.  This exemption shall apply
33        to those  buildings  that  are  listed  on  the  National
 
                            -3-      LRB093 08323 AMC 08541 b
 1        Register  of  Historic Places or the Illinois Register of
 2        Historic Places, and to those buildings  that  have  been
 3        designated   as   historically  significant  by  a  local
 4        governing  body  that  is   authorized   to   make   such
 5        designations.

 6        Section 25.  Technical assistance.
 7        (a)  The   Board   shall   make  available  to  builders,
 8    designers, engineers, and architects implementation materials
 9    that explain  the  requirements  of  the  Code  and  describe
10    methods   of   compliance   acceptable  to  Code  Enforcement
11    Officials.
12        (b)  The  materials   shall   include   software   tools,
13    simplified  prescriptive  options,  and  other  materials  as
14    appropriate.   The simplified materials shall be designed for
15    projects in which a design professional may not be involved.
16        (c)  The Board shall  provide  local  jurisdictions  with
17    technical    assistance    concerning    implementation   and
18    enforcement of the Code.

19        Section  30.  Enforcement.   The  Board  shall  determine
20    procedures for builders to certify compliance with the  Code.
21    These  procedures  may  include  but  need  not be limited to
22    certification by  a  national,  State,  or  local  accredited
23    energy  conservation  program  or  inspections  from  private
24    Code-certified inspectors using the Code.

25        Section  35.  Rules.   The Board may adopt any rules that
26    are necessary for the furtherance of this Act.

27        Section  40.  Home  rule.    The   adoption   of   energy
28    efficiency  building  standards  is  an  exclusive  power and
29    function of the State.  A home rule unit may not adopt energy
30    efficiency building standards, and  any  building  efficiency
 
                            -4-      LRB093 08323 AMC 08541 b
 1    standards  in existence on the effective date of this Act are
 2    void.  This Act is a  denial  and  limitation  of  home  rule
 3    powers  and  functions  under  subsection (h) of Section 6 of
 4    Article VII of the Illinois Constitution.   This  denial  and
 5    limitation  of  home rule powers and functions does not apply
 6    to municipalities with populations exceeding 500,000 persons.

 7        Section 90.  The State Finance Act is amended  by  adding
 8    Section 5.595 as follows:

 9        (30 ILCS 105/5.595 new)
10        Sec. 5.595.  The Energy Efficient Building Fund.

11        Section  99.  Effective date.  This Act takes effect upon
12    becoming law.