Full Text of SB1226 100th General Assembly
SB1226ham002 100TH GENERAL ASSEMBLY | Rep. Martin J. Moylan Filed: 11/14/2018
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| 1 | | AMENDMENT TO SENATE BILL 1226
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1226, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Energy
Efficient Building Act is amended by | 6 | | changing Sections 1, 5, 10, 15, 20, 25, 30, 40, and 45 as | 7 | | follows: | 8 | | (20 ILCS 3125/1)
| 9 | | Sec. 1. Short title. This Act may be cited as the Energy
| 10 | | Efficient Building and Green Construction Act.
| 11 | | (Source: P.A. 96-778, eff. 8-28-09.) | 12 | | (20 ILCS 3125/5)
| 13 | | Sec. 5. Findings.
| 14 | | (a) The legislature finds that an effective energy | 15 | | efficient building and green construction code
is essential to:
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| 1 | | (1) reduce the air pollutant emissions from energy | 2 | | consumption that are
affecting the health of residents of | 3 | | this State;
| 4 | | (2) moderate future peak electric power demand;
| 5 | | (3) assure the reliability of the electrical grid and | 6 | | an adequate supply
of heating oil and natural gas; and
| 7 | | (4) control energy costs for residents and businesses | 8 | | in this State ; .
| 9 | | (5) ensure clean water, reduced flooding, and enhanced | 10 | | water supplies; | 11 | | (6) provide for mitigation and adaptation to the | 12 | | impacts of climate change; | 13 | | (7) benefit both wildlife habitat and community | 14 | | health; and | 15 | | (8) create green jobs and cost savings. | 16 | | (b) The legislature further finds that this State has a | 17 | | number of different
climate types, all of which require energy | 18 | | for both cooling and heating, and
that there are many | 19 | | cost-effective measures that can reduce peak energy use and
| 20 | | reduce cooling, heating, lighting, and other energy costs in | 21 | | buildings.
| 22 | | (Source: P.A. 96-778, eff. 8-28-09.) | 23 | | (20 ILCS 3125/10)
| 24 | | Sec. 10. Definitions.
| 25 | | "Board" means the Capital Development Board.
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| 1 | | "Building" includes both residential buildings and | 2 | | commercial buildings.
| 3 | | " Green Code" means the latest published editions edition of | 4 | | the International Code Council's International Energy | 5 | | Conservation Code and International Green Construction Code, | 6 | | as adopted by the Board, excluding published supplements but | 7 | | including the amendments and adaptations to either the Code | 8 | | that are made by the
Board.
| 9 | | "Commercial building" means any building except a building | 10 | | that is a residential building, as defined in this Section. | 11 | | "Department" means the Department of Commerce and Economic | 12 | | Opportunity. | 13 | | "Municipality" means any city, village, or incorporated | 14 | | town.
| 15 | | "Residential building" means (i) a detached one-family or | 16 | | 2-family dwelling or (ii) any building that is 3 stories or | 17 | | less in height above grade that contains multiple dwelling | 18 | | units, in which the occupants reside on a primarily permanent | 19 | | basis, such as a townhouse, a row house, an apartment house, a | 20 | | convent, a monastery, a rectory, a fraternity or sorority | 21 | | house, a dormitory, and a rooming house; provided, however, | 22 | | that when applied to a building located within the boundaries | 23 | | of a municipality having a population of 1,000,000 or more, the | 24 | | term "residential building" means a building containing one or | 25 | | more dwelling units, not exceeding 4 stories above grade, where | 26 | | occupants are primarily permanent.
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| 1 | | (Source: P.A. 96-778, eff. 8-28-09; 97-1033, eff. 8-17-12.) | 2 | | (20 ILCS 3125/15)
| 3 | | Sec. 15. Green Energy Efficient Building Code. The Board, | 4 | | in consultation with the Department, shall adopt the | 5 | | International Energy Conservation Code and the International | 6 | | Green Construction Code, Code as minimum
requirements for | 7 | | commercial buildings, applying to the construction of, | 8 | | renovations to, and additions to all commercial buildings in | 9 | | the State. The Board, in consultation with the Department, | 10 | | shall also adopt the International Energy Conservation Code as | 11 | | the minimum and maximum requirements for residential | 12 | | buildings, applying to the construction of all residential | 13 | | buildings in the State, except as provided for in Section 45 of | 14 | | this Act. The Board may
appropriately adapt the International | 15 | | Energy Conservation Code and the International Green | 16 | | Construction Code, to apply to the
particular economy, | 17 | | population distribution, geography, and climate of the
State | 18 | | and construction therein, consistent with the public policy
| 19 | | objectives of this Act.
| 20 | | (Source: P.A. 96-778, eff. 8-28-09.) | 21 | | (20 ILCS 3125/20)
| 22 | | Sec. 20. Applicability.
| 23 | | (a) The Board shall review and adopt the International | 24 | | Energy Conservation Code and the International Green |
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| 1 | | Construction Code within one year after their its publication. | 2 | | The Codes Code shall take effect within 6 months after they are | 3 | | it is adopted by the Board, except that, beginning January 1, | 4 | | 2012, the International Energy Conservation Code adopted in | 5 | | 2012 shall take effect on January 1, 2013. Except as otherwise | 6 | | provided in this Act, the Code shall apply
to (i) any new | 7 | | building or structure in this State for which a building permit
| 8 | | application is received by a municipality or county and (ii) | 9 | | beginning on the effective date of this amendatory Act of the | 10 | | 100th General Assembly, each State facility specified in | 11 | | Section 4.01 of the Capital Development Board Act.
In the case | 12 | | of any addition, alteration, renovation, or repair to an | 13 | | existing commercial structure, the Green Code adopted under | 14 | | this Act applies only to the portions of that structure that | 15 | | are being added, altered, renovated, or repaired. The changes | 16 | | made to this Section by Public Act 97-1033 this amendatory Act | 17 | | of the 97th General Assembly shall in no way invalidate or | 18 | | otherwise affect contracts entered into on or before August 17, | 19 | | 2012 ( the effective date of Public Act 97-1033) this amendatory | 20 | | Act of the 97th General Assembly . The changes made to this | 21 | | Section by this amendatory Act of the 100th General Assembly | 22 | | shall in no way invalidate or otherwise affect contracts | 23 | | entered into on or before the effective date of this amendatory | 24 | | Act of the 100th General Assembly.
| 25 | | (b) The following buildings shall be exempt from
the Green | 26 | | Code , or portions thereof as set forth below :
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| 1 | | (1) Buildings otherwise exempt from the provisions of a | 2 | | locally adopted
building code are exempt from the Green | 3 | | Code. Buildings and buildings that do not contain a | 4 | | conditioned space are exempt from the International Energy | 5 | | Conservation Code .
| 6 | | (2) Buildings that do not use either electricity or | 7 | | fossil fuel for
comfort
conditioning are exempt from the | 8 | | International Energy Conservation Code . For purposes of | 9 | | determining whether this exemption applies, a
building | 10 | | will be presumed to be heated by electricity, even in the | 11 | | absence of
equipment used for electric comfort heating, | 12 | | whenever the building is provided
with electrical service | 13 | | in excess of 100 amps, unless the code enforcement
official | 14 | | determines that this electrical service is necessary for | 15 | | purposes
other than providing electric comfort heating.
| 16 | | (3) Historic buildings are exempt from the Green Code . | 17 | | This exemption shall apply to those buildings
that
are | 18 | | listed on the National Register of Historic Places or the | 19 | | Illinois
Register of Historic Places, and to those | 20 | | buildings that have been designated
as historically | 21 | | significant by a local governing body that is authorized to
| 22 | | make such designations.
| 23 | | (4) (Blank). | 24 | | (5) Other buildings specified as exempt by the | 25 | | International Energy Conservation Code or the | 26 | | International Green Construction Code .
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| 1 | | (c) Additions, alterations, renovations, or repairs to an | 2 | | existing building, building system, or portion thereof shall | 3 | | conform to the provisions of the Green Code as they relate to | 4 | | new construction without requiring the unaltered portion of the | 5 | | existing building or building system to comply with the Code. | 6 | | The following need not comply with the International Energy | 7 | | Conservation Code, provided that the energy use of the building | 8 | | is not increased: (i) storm windows installed over existing | 9 | | fenestration, (ii) glass-only replacements in an existing sash | 10 | | and frame, (iii) existing ceiling, wall, or floor cavities | 11 | | exposed during construction, provided that these cavities are | 12 | | filled with insulation, and (iv) construction where the | 13 | | existing roof, wall, or floor is not exposed. | 14 | | (d) A unit of local government that does not regulate | 15 | | energy efficient building or green construction standards is | 16 | | not required to adopt, enforce, or administer the Green Code; | 17 | | however, any energy efficient building or green construction | 18 | | standards adopted by a unit of local government must comply | 19 | | with this Act. If a unit of local government does not regulate | 20 | | energy efficient building or green construction standards, any | 21 | | construction, renovation, or addition to buildings or | 22 | | structures is subject to the provisions contained in this Act. | 23 | | (Source: P.A. 100-729, eff. 8-3-18.) | 24 | | (20 ILCS 3125/25)
| 25 | | Sec. 25. Technical assistance.
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| 1 | | (a) The Department shall make available to builders, | 2 | | designers, engineers, and
architects implementation materials | 3 | | and training to explain the requirements of the Green
Code and | 4 | | describe methods of compliance
acceptable to Green Code | 5 | | Enforcement Officials.
| 6 | | (b) The materials shall include software tools, simplified | 7 | | prescriptive
options, and other materials as appropriate. The | 8 | | simplified materials shall be
designed for projects in which a | 9 | | design professional may not be involved.
| 10 | | (c) The Department shall provide local jurisdictions with | 11 | | technical assistance
concerning implementation and enforcement | 12 | | of the Green
Code.
| 13 | | (Source: P.A. 97-1033, eff. 8-17-12.) | 14 | | (20 ILCS 3125/30)
| 15 | | Sec. 30. Enforcement. The
Board, in consultation with the | 16 | | Department, shall
determine
procedures for compliance with the | 17 | | Green Code. These procedures
may include but need not be
| 18 | | limited to certification by a national, State, or local | 19 | | accredited energy
conservation or green construction program | 20 | | or inspections from private Code-certified inspectors
using | 21 | | the Green Code.
| 22 | | (Source: P.A. 93-936, eff. 8-13-04.) | 23 | | (20 ILCS 3125/40)
| 24 | | Sec. 40. Input from interested parties. When
developing |
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| 1 | | Green Code adaptations, rules, and procedures for
compliance | 2 | | with the Green Code, the Capital Development Board
shall seek | 3 | | input from representatives from the building
trades, design | 4 | | professionals, construction professionals,
code | 5 | | administrators, and other interested entities affected.
| 6 | | (Source: P.A. 99-639, eff. 7-28-16.) | 7 | | (20 ILCS 3125/45)
| 8 | | Sec. 45. Home rule. | 9 | | (a)
No unit of local government, including any home rule | 10 | | unit, may regulate energy efficient building or green | 11 | | construction standards for commercial buildings in a manner | 12 | | that is less stringent than the provisions contained in this | 13 | | Act.
| 14 | | (b) No unit of local government, including any home rule | 15 | | unit, may regulate energy efficient building standards for | 16 | | residential buildings in a manner that is either less or more | 17 | | stringent than the standards established pursuant to this Act; | 18 | | provided, however, that the following entities may regulate | 19 | | energy efficient building standards for residential buildings | 20 | | in a manner that is more stringent than the provisions | 21 | | contained in this Act: (i) a unit of local government, | 22 | | including a home rule unit, that has, on or before May 15, | 23 | | 2009, adopted or incorporated by reference energy efficient | 24 | | building standards for residential buildings that are | 25 | | equivalent to or more stringent than the 2006 International |
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| 1 | | Energy Conservation Code, (ii) a unit of local government, | 2 | | including a home rule unit, that has, on or before May 15, | 3 | | 2009, provided to the Capital Development Board, as required by | 4 | | Section 10.18 of the Capital Development Board Act, an | 5 | | identification of an energy efficient building code or | 6 | | amendment that is equivalent to or more stringent than the 2006 | 7 | | International Energy Conservation Code, and (iii) a | 8 | | municipality with a population of 1,000,000 or more. | 9 | | (c) No unit of local government, including any home rule | 10 | | unit or unit of local government that is subject to State | 11 | | regulation under the Green Code as provided in Section 15 of | 12 | | this Act, may hereafter enact any annexation ordinance or | 13 | | resolution, or require or enter into any annexation agreement, | 14 | | that imposes energy efficient building or green construction | 15 | | standards for residential buildings that are either less or | 16 | | more stringent than the energy efficiency or green construction | 17 | | standards in effect, at the time of construction, throughout | 18 | | the unit of local government. | 19 | | (d) This Section is a denial
and limitation
of home rule | 20 | | powers and functions under subsection (i) of Section 6
of | 21 | | Article VII of the Illinois Constitution on the concurrent | 22 | | exercise by home rule units of powers and functions exercised | 23 | | by the State.
Nothing in this Section, however, prevents a unit | 24 | | of local government from adopting an energy efficiency or green | 25 | | construction code or standards for commercial buildings that | 26 | | are more stringent than the Green Code under this Act.
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| 1 | | (Source: P.A. 99-639, eff. 7-28-16.)".
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