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. -2- LRB093 08323 AMC 08541 b 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.