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Public Act 093-0936
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| HB4099 Enrolled |
LRB093 16165 BDD 44166 b |
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AN ACT in relation to energy conservation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Energy
Efficient Commercial Building Act.
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Section 5. Findings.
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(a) The legislature finds that an effective energy |
efficient commercial building code
is essential to:
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(1) reduce the air pollutant emissions from energy |
consumption that are
affecting the health of residents of |
this State;
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(2) moderate future peak electric power demand;
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(3) assure the reliability of the electrical grid and |
an adequate supply
of heating oil and natural gas; and
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(4) control energy costs for residents and businesses |
in this State.
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(b) The legislature further finds that this State has a |
number of different
climate types, all of which require energy |
for both cooling and heating, and
that there are many |
cost-effective measures that can reduce peak energy use and
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reduce cooling, heating, lighting, and other energy costs in |
commercial buildings.
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Section 10. Definitions.
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"Board" means the Capital Development Board.
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"Code" means the 2000 International Energy Conservation |
Code, the ASHRAE 90.1-1999 Standard, which is included within |
that Code, the 2001
supplement to that Code, and the |
adaptations to the Code that are made by the
Board.
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"Commercial building" means any building except a building |
that is a residential building, as defined in this Section. |
"Department" means the Department of Commerce and Economic |
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Opportunity. |
"Municipality" means any city, village, or incorporated |
town.
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"Residential building" means (i) a detached one-family or |
2-family dwelling or (ii) any building that is 3 stories or |
less in height above grade that contains multiple dwelling |
units, in which the occupants reside on a primarily permanent |
basis, such as a townhouse, a row house, an apartment house, a |
convent, a monastery, a rectory, a fraternity or sorority |
house, a dormitory, and a rooming house.
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Section 15. Energy Efficient Building Code. The Board, in |
consultation with the Department, shall adopt the Code as |
minimum
requirements applying to the construction of, |
renovations to, and additions to all commercial buildings in |
the State. The Board may
appropriately adapt the International |
Energy Conservation Code to apply to the
particular economy, |
population distribution, geography, and climate of the
State |
and construction therein, consistent with the public policy
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objectives of this Act.
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Section 20. Applicability.
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(a) The Code shall take effect one year after it is adopted |
by the Board and shall apply
to any commercial building or |
structure in this State for which a building permit
application |
is received by a municipality or county, except as otherwise |
provided by this Act.
In the case of any addition, alteration, |
renovation, or repair to an existing commercial structure, the |
Code adopted under this Act applies only to the portions of |
that structure that are being added, altered, renovated, or |
repaired.
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(b) The following buildings shall be exempt from
the Code:
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(1) Buildings otherwise exempt from the provisions of a |
locally adopted
building code and buildings that do not |
contain a conditioned space.
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(2) Buildings that do not use either electricity or |
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fossil fuel for
comfort
conditioning. For purposes of |
determining whether this exemption applies, a
building |
will be presumed to be heated by electricity, even in the |
absence of
equipment used for electric comfort heating, |
whenever the building is provided
with electrical service |
in excess of 100 amps, unless the code enforcement
official |
determines that this electrical service is necessary for |
purposes
other than providing electric comfort heating.
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(3) Historic buildings. This exemption shall apply to |
those buildings
that
are listed on the National Register of |
Historic Places or the Illinois
Register of Historic |
Places, and to those buildings that have been designated
as |
historically significant by a local governing body that is |
authorized to
make such designations.
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(4) Residential buildings. |
(5) Other buildings specified as exempt by the |
International Energy Conservation Code.
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Section 25. Technical assistance.
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(a) The Department shall make available to builders, |
designers, engineers, and
architects implementation materials |
that explain the requirements of the
Code and describe methods |
of compliance
acceptable to Code Enforcement Officials.
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(b) The materials shall include software tools, simplified |
prescriptive
options, and other materials as appropriate. The |
simplified materials shall be
designed for projects in which a |
design professional may not be involved.
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(c) The Department shall provide local jurisdictions with |
technical assistance
concerning implementation and enforcement |
of the
Code.
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Section 30. Enforcement. The
Board, in consultation with |
the Department, shall
determine
procedures for compliance with |
the Code. These procedures
may include but need not be
limited |
to certification by a national, State, or local accredited |
energy
conservation program or inspections from private |
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Code-certified inspectors
using the Code.
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Section 35. Rules. The Board may adopt any rules that are |
necessary for the
furtherance of this Act.
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Section 40. Input from interested parties. When
developing |
Code adaptations, rules, and procedures for
compliance with the |
Code, the Capital Development Board, or
the Illinois Building |
Commission as directed by the Board,
shall seek input from |
representatives from the building
trades, design |
professionals, construction professionals,
code |
administrators, and other interested entities affected.
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Section 45. Home rule. No unit of local government, |
including any home rule unit, may regulate energy efficient |
building standards in a manner that is less stringent than the |
provisions contained in this Act. This Section is a denial
and |
limitation
of home rule powers and functions under subsection |
(i) of Section 6
of Article VII of the Illinois Constitution on |
the concurrent exercise by home rule units of powers and |
functions exercised by the State.
Nothing in this Section, |
however, prevents a unit of local government from adopting an |
energy efficiency code or standards that are more stringent |
than the Code under this Act.
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Section 99. Effective date. This Act takes effect upon |
becoming law. |