Sen. John J. Cullerton
Filed: 5/22/2008
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1 | AMENDMENT TO HOUSE BILL 1842
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2 | AMENDMENT NO. ______. Amend House Bill 1842 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Energy
Efficient Commercial Building Act is | ||||||
5 | amended by changing Sections 1, 5, 10, 15, 20, and 45 as | ||||||
6 | follows: | ||||||
7 | (20 ILCS 3125/1)
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8 | Sec. 1. Short title. This Act may be cited as the Energy
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9 | Efficient Commercial Building Act.
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10 | (Source: P.A. 93-936, eff. 8-13-04.) | ||||||
11 | (20 ILCS 3125/5)
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12 | Sec. 5. Findings.
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13 | (a) The legislature finds that an effective energy | ||||||
14 | efficient commercial building code
is essential to:
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15 | (1) reduce the air pollutant emissions from energy |
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1 | consumption that are
affecting the health of residents of | ||||||
2 | this State;
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3 | (2) moderate future peak electric power demand;
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4 | (3) assure the reliability of the electrical grid and | ||||||
5 | an adequate supply
of heating oil and natural gas; and
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6 | (4) control energy costs for residents and businesses | ||||||
7 | in this State.
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8 | (b) The legislature further finds that this State has a | ||||||
9 | number of different
climate types, all of which require energy | ||||||
10 | for both cooling and heating, and
that there are many | ||||||
11 | cost-effective measures that can reduce peak energy use and
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12 | reduce cooling, heating, lighting, and other energy costs in | ||||||
13 | commercial buildings.
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14 | (Source: P.A. 93-936, eff. 8-13-04.) | ||||||
15 | (20 ILCS 3125/10)
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16 | Sec. 10. Definitions.
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17 | "Board" means the Capital Development Board.
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18 | "Building" includes both residential buildings and | ||||||
19 | commercial buildings.
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20 | "Code" means the latest published edition of the | ||||||
21 | International Code Council's International Energy Conservation | ||||||
22 | Code, excluding published supplements but including the | ||||||
23 | adaptations to the Code that are made by the
Board.
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24 | "Commercial building" means any building except a building | ||||||
25 | that is a residential building, as defined in this Section. |
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1 | "Department" means the Department of Commerce and Economic | ||||||
2 | Opportunity. | ||||||
3 | "Municipality" means any city, village, or incorporated | ||||||
4 | town.
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5 | "Residential building" means (i) a detached one-family or | ||||||
6 | 2-family dwelling or (ii) any building that is 3 stories or | ||||||
7 | less in height above grade that contains multiple dwelling | ||||||
8 | units, in which the occupants reside on a primarily permanent | ||||||
9 | basis, such as a townhouse, a row house, an apartment house, a | ||||||
10 | convent, a monastery, a rectory, a fraternity or sorority | ||||||
11 | house, a dormitory, and a rooming house.
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12 | (Source: P.A. 93-936, eff. 8-13-04; 94-815, eff. 5-26-06.) | ||||||
13 | (20 ILCS 3125/15)
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14 | Sec. 15. Energy Efficient Building Code. The Board, in | ||||||
15 | consultation with the Department, shall adopt the Code as | ||||||
16 | minimum
requirements for commercial buildings, applying to the | ||||||
17 | construction of, renovations to, and additions to all | ||||||
18 | commercial buildings in the State. The Board, in consultation | ||||||
19 | with the Department, shall also adopt the Code as the minimum | ||||||
20 | and maximum requirements for residential buildings, applying | ||||||
21 | to the construction of all residential buildings in the State. | ||||||
22 | The Board may
appropriately adapt the International Energy | ||||||
23 | Conservation Code to apply to the
particular economy, | ||||||
24 | population distribution, geography, and climate of the
State | ||||||
25 | and construction therein, consistent with the public policy
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1 | objectives of this Act.
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2 | (Source: P.A. 93-936, eff. 8-13-04.) | ||||||
3 | (20 ILCS 3125/20)
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4 | Sec. 20. Applicability.
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5 | (a) The Code shall take effect one year after it is adopted | ||||||
6 | by the Board and shall apply
to any new commercial building or | ||||||
7 | structure in this State for which a building permit
application | ||||||
8 | is received by a municipality or county, except as otherwise | ||||||
9 | provided by this Act.
In the case of any addition, alteration, | ||||||
10 | renovation, or repair to an existing commercial structure, the | ||||||
11 | Code adopted under this Act applies only to the portions of | ||||||
12 | that structure that are being added, altered, renovated, or | ||||||
13 | repaired.
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14 | (b) The following buildings shall be exempt from
the Code:
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15 | (1) Buildings otherwise exempt from the provisions of a | ||||||
16 | locally adopted
building code and buildings that do not | ||||||
17 | contain a conditioned space.
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18 | (2) Buildings that do not use either electricity or | ||||||
19 | fossil fuel for
comfort
conditioning. For purposes of | ||||||
20 | determining whether this exemption applies, a
building | ||||||
21 | will be presumed to be heated by electricity, even in the | ||||||
22 | absence of
equipment used for electric comfort heating, | ||||||
23 | whenever the building is provided
with electrical service | ||||||
24 | in excess of 100 amps, unless the code enforcement
official | ||||||
25 | determines that this electrical service is necessary for |
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1 | purposes
other than providing electric comfort heating.
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2 | (3) Historic buildings. This exemption shall apply to | ||||||
3 | those buildings
that
are listed on the National Register of | ||||||
4 | Historic Places or the Illinois
Register of Historic | ||||||
5 | Places, and to those buildings that have been designated
as | ||||||
6 | historically significant by a local governing body that is | ||||||
7 | authorized to
make such designations.
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8 | (4) Additions, alterations, renovations, or repairs to | ||||||
9 | existing residential structures
Residential buildings . | ||||||
10 | (5) Other buildings specified as exempt by the | ||||||
11 | International Energy Conservation Code.
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12 | (c) A unit of local government that does not regulate | ||||||
13 | energy efficient building standards is not required to adopt, | ||||||
14 | enforce, or administer the Code; however any energy efficient | ||||||
15 | building standards adopted by a unit of local government must | ||||||
16 | comply with this Act. If a unit of local government does not | ||||||
17 | regulate energy efficient building standards, any | ||||||
18 | construction, renovation, or addition to buildings or | ||||||
19 | structures is subject to the provisions contained in this Act. | ||||||
20 | (Source: P.A. 93-936, eff. 8-13-04.) | ||||||
21 | (20 ILCS 3125/45)
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22 | Sec. 45. Home rule.
Except as otherwise provided in this | ||||||
23 | Section, no No unit of local government, including any home | ||||||
24 | rule unit, may regulate energy efficient building standards for | ||||||
25 | commercial buildings in a manner that is less stringent than |
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1 | the provisions contained in this Act.
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2 | Except as otherwise provided in this Section, no unit of | ||||||
3 | local government, including any home rule unit, may regulate | ||||||
4 | energy efficient building standards for residential buildings | ||||||
5 | in a manner that is either less or more stringent than the | ||||||
6 | standards established pursuant to this Act. | ||||||
7 | Except as otherwise provided in this Section, no unit of | ||||||
8 | local government, including any home rule unit, may hereafter | ||||||
9 | enact any annexation ordinance or resolution, or require or | ||||||
10 | enter into any annexation agreement, that imposes energy | ||||||
11 | efficiency building standards for residential buildings that | ||||||
12 | are either less or more stringent than the energy efficiency | ||||||
13 | standards in effect throughout the unit of local government, | ||||||
14 | including a unit of local government that is subject to State | ||||||
15 | regulation under the Code as provided in Section 15 of this | ||||||
16 | Act, at the time of construction. | ||||||
17 | Any unit of local government that has adopted any | ||||||
18 | previously published editions of the International Energy | ||||||
19 | Conservation Code on or before May 1, 2008, may continue to | ||||||
20 | regulate energy efficient building standards under that Code | ||||||
21 | and any supplements the unit of local government has adopted | ||||||
22 | prior to May 1, 2008. | ||||||
23 | This Section is a denial
and limitation
of home rule powers | ||||||
24 | and functions under subsection (i) of Section 6
of Article VII | ||||||
25 | of the Illinois Constitution on the concurrent exercise by home | ||||||
26 | rule units of powers and functions exercised by the State.
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1 | Nothing in this Section, however, prevents a unit of local | ||||||
2 | government from adopting an energy efficiency code or standards | ||||||
3 | for commercial buildings that are more stringent than the Code | ||||||
4 | under this Act.
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5 | (Source: P.A. 93-936, eff. 8-13-04.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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