Rep. Martin J. Moylan

Filed: 11/14/2018





10000SB1226ham002LRB100 00362 HLH 43429 a


2    AMENDMENT NO. ______. Amend Senate Bill 1226, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Energy Efficient Building Act is amended by
6changing Sections 1, 5, 10, 15, 20, 25, 30, 40, and 45 as
8    (20 ILCS 3125/1)
9    Sec. 1. Short title. This Act may be cited as the Energy
10Efficient 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
15efficient building and green construction code is essential to:



10000SB1226ham002- 2 -LRB100 00362 HLH 43429 a

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
17number of different climate types, all of which require energy
18for both cooling and heating, and that there are many
19cost-effective measures that can reduce peak energy use and
20reduce cooling, heating, lighting, and other energy costs in
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.



10000SB1226ham002- 3 -LRB100 00362 HLH 43429 a

1    "Building" includes both residential buildings and
2commercial buildings.
3    "Green Code" means the latest published editions edition of
4the International Code Council's International Energy
5Conservation Code and International Green Construction Code,
6as adopted by the Board, excluding published supplements but
7including the amendments and adaptations to either the Code
8that are made by the Board.
9    "Commercial building" means any building except a building
10that is a residential building, as defined in this Section.
11    "Department" means the Department of Commerce and Economic
13    "Municipality" means any city, village, or incorporated
15    "Residential building" means (i) a detached one-family or
162-family dwelling or (ii) any building that is 3 stories or
17less in height above grade that contains multiple dwelling
18units, in which the occupants reside on a primarily permanent
19basis, such as a townhouse, a row house, an apartment house, a
20convent, a monastery, a rectory, a fraternity or sorority
21house, a dormitory, and a rooming house; provided, however,
22that when applied to a building located within the boundaries
23of a municipality having a population of 1,000,000 or more, the
24term "residential building" means a building containing one or
25more dwelling units, not exceeding 4 stories above grade, where
26occupants are primarily permanent.



10000SB1226ham002- 4 -LRB100 00362 HLH 43429 a

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,
4in consultation with the Department, shall adopt the
5International Energy Conservation Code and the International
6Green Construction Code, Code as minimum requirements for
7commercial buildings, applying to the construction of,
8renovations to, and additions to all commercial buildings in
9the State. The Board, in consultation with the Department,
10shall also adopt the International Energy Conservation Code as
11the minimum and maximum requirements for residential
12buildings, applying to the construction of all residential
13buildings in the State, except as provided for in Section 45 of
14this Act. The Board may appropriately adapt the International
15Energy Conservation Code and the International Green
16Construction Code, to apply to the particular economy,
17population distribution, geography, and climate of the State
18and construction therein, consistent with the public policy
19objectives 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
24Energy Conservation Code and the International Green



10000SB1226ham002- 5 -LRB100 00362 HLH 43429 a

1Construction Code within one year after their its publication.
2The Codes Code shall take effect within 6 months after they are
3it is adopted by the Board, except that, beginning January 1,
42012, the International Energy Conservation Code adopted in
52012 shall take effect on January 1, 2013. Except as otherwise
6provided in this Act, the Code shall apply to (i) any new
7building or structure in this State for which a building permit
8application is received by a municipality or county and (ii)
9beginning on the effective date of this amendatory Act of the
10100th General Assembly, each State facility specified in
11Section 4.01 of the Capital Development Board Act. In the case
12of any addition, alteration, renovation, or repair to an
13existing commercial structure, the Green Code adopted under
14this Act applies only to the portions of that structure that
15are being added, altered, renovated, or repaired. The changes
16made to this Section by Public Act 97-1033 this amendatory Act
17of the 97th General Assembly shall in no way invalidate or
18otherwise affect contracts entered into on or before August 17,
192012 (the effective date of Public Act 97-1033) this amendatory
20Act of the 97th General Assembly. The changes made to this
21Section by this amendatory Act of the 100th General Assembly
22shall in no way invalidate or otherwise affect contracts
23entered into on or before the effective date of this amendatory
24Act of the 100th General Assembly.
25    (b) The following buildings shall be exempt from the Green
26Code, or portions thereof as set forth below:



10000SB1226ham002- 6 -LRB100 00362 HLH 43429 a

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.



10000SB1226ham002- 7 -LRB100 00362 HLH 43429 a

1    (c) Additions, alterations, renovations, or repairs to an
2existing building, building system, or portion thereof shall
3conform to the provisions of the Green Code as they relate to
4new construction without requiring the unaltered portion of the
5existing building or building system to comply with the Code.
6The following need not comply with the International Energy
7Conservation Code, provided that the energy use of the building
8is not increased: (i) storm windows installed over existing
9fenestration, (ii) glass-only replacements in an existing sash
10and frame, (iii) existing ceiling, wall, or floor cavities
11exposed during construction, provided that these cavities are
12filled with insulation, and (iv) construction where the
13existing roof, wall, or floor is not exposed.
14    (d) A unit of local government that does not regulate
15energy efficient building or green construction standards is
16not required to adopt, enforce, or administer the Green Code;
17however, any energy efficient building or green construction
18standards adopted by a unit of local government must comply
19with this Act. If a unit of local government does not regulate
20energy efficient building or green construction standards, any
21construction, renovation, or addition to buildings or
22structures 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.



10000SB1226ham002- 8 -LRB100 00362 HLH 43429 a

1    (a) The Department shall make available to builders,
2designers, engineers, and architects implementation materials
3and training to explain the requirements of the Green Code and
4describe methods of compliance acceptable to Green Code
5Enforcement Officials.
6    (b) The materials shall include software tools, simplified
7prescriptive options, and other materials as appropriate. The
8simplified materials shall be designed for projects in which a
9design professional may not be involved.
10    (c) The Department shall provide local jurisdictions with
11technical assistance concerning implementation and enforcement
12of 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
16Department, shall determine procedures for compliance with the
17Green Code. These procedures may include but need not be
18limited to certification by a national, State, or local
19accredited energy conservation or green construction program
20or inspections from private Code-certified inspectors using
21the 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



10000SB1226ham002- 9 -LRB100 00362 HLH 43429 a

1Green Code adaptations, rules, and procedures for compliance
2with the Green Code, the Capital Development Board shall seek
3input from representatives from the building trades, design
4professionals, construction professionals, code
5administrators, 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
10unit, may regulate energy efficient building or green
11construction standards for commercial buildings in a manner
12that is less stringent than the provisions contained in this
14    (b) No unit of local government, including any home rule
15unit, may regulate energy efficient building standards for
16residential buildings in a manner that is either less or more
17stringent than the standards established pursuant to this Act;
18provided, however, that the following entities may regulate
19energy efficient building standards for residential buildings
20in a manner that is more stringent than the provisions
21contained in this Act: (i) a unit of local government,
22including a home rule unit, that has, on or before May 15,
232009, adopted or incorporated by reference energy efficient
24building standards for residential buildings that are
25equivalent to or more stringent than the 2006 International



10000SB1226ham002- 10 -LRB100 00362 HLH 43429 a

1Energy Conservation Code, (ii) a unit of local government,
2including a home rule unit, that has, on or before May 15,
32009, provided to the Capital Development Board, as required by
4Section 10.18 of the Capital Development Board Act, an
5identification of an energy efficient building code or
6amendment that is equivalent to or more stringent than the 2006
7International Energy Conservation Code, and (iii) a
8municipality with a population of 1,000,000 or more.
9    (c) No unit of local government, including any home rule
10unit or unit of local government that is subject to State
11regulation under the Green Code as provided in Section 15 of
12this Act, may hereafter enact any annexation ordinance or
13resolution, or require or enter into any annexation agreement,
14that imposes energy efficient building or green construction
15standards for residential buildings that are either less or
16more stringent than the energy efficiency or green construction
17standards in effect, at the time of construction, throughout
18the unit of local government.
19    (d) This Section is a denial and limitation of home rule
20powers and functions under subsection (i) of Section 6 of
21Article VII of the Illinois Constitution on the concurrent
22exercise by home rule units of powers and functions exercised
23by the State. Nothing in this Section, however, prevents a unit
24of local government from adopting an energy efficiency or green
25construction code or standards for commercial buildings that
26are more stringent than the Green Code under this Act.



10000SB1226ham002- 11 -LRB100 00362 HLH 43429 a

1(Source: P.A. 99-639, eff. 7-28-16.)".