Rep. Martin J. Moylan

Filed: 11/26/2018





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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:



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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
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.



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1    "Building" includes both residential buildings and
2commercial buildings.
3    "Code" means the latest published edition of the
4International Code Council's International Energy Conservation
5Code as adopted by the Board, excluding published supplements
6but including the amendments and adaptations to the Code that
7are made by the Board.
8    "Commercial building" means any building except a building
9that is a residential building, as defined in this Section.
10    "Department" means the Department of Commerce and Economic
12    "Green Code" means the latest published editions of the
13International Code Council's International Energy Conservation
14Code and International Green Construction Code, as adopted by
15the Board, excluding published supplements but including the
16amendments and adaptations to either Code that are made by the
18    "Green construction" means construction, renovations, and
19additions that consider site sustainability, water and energy
20efficiency, indoor environmental quality, materials and
21resources, building commissioning, construction, and plans for
22operations and maintenance for new and existing buildings,
23building sites, and building materials, components, equipment,
24and systems.
25    "Municipality" means any city, village, or incorporated



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1    "Residential building" means (i) a detached one-family or
22-family dwelling or (ii) any building that is 3 stories or
3less in height above grade that contains multiple dwelling
4units, in which the occupants reside on a primarily permanent
5basis, such as a townhouse, a row house, an apartment house, a
6convent, a monastery, a rectory, a fraternity or sorority
7house, a dormitory, and a rooming house; provided, however,
8that when applied to a building located within the boundaries
9of a municipality having a population of 1,000,000 or more, the
10term "residential building" means a building containing one or
11more dwelling units, not exceeding 4 stories above grade, where
12occupants are primarily permanent.
13(Source: P.A. 96-778, eff. 8-28-09; 97-1033, eff. 8-17-12.)
14    (20 ILCS 3125/15)
15    Sec. 15. Green Energy Efficient Building Code.
16    (a) The Board, in consultation with the Department, shall
17adopt the International Energy Conservation Code Code as
18minimum requirements for commercial buildings, applying to the
19construction of, renovations to, and additions to all
20commercial buildings in the State. The Board, in consultation
21with the Department, shall also adopt the International Energy
22Conservation Code as the minimum and maximum requirements for
23residential buildings, applying to the construction of all
24residential buildings in the State, except as provided for in
25Section 45 of this Act.



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1    (b) The Board, in consultation with the Department, shall
2adopt the International Green Construction Code as the minimum
3requirements for the construction of, renovations to, and
4additions to all commercial buildings in the State that are
5represented to be green construction.
6    (c) The Board may appropriately adapt the International
7Energy Conservation Code and the International Green
8Construction Code to apply to the particular economy,
9population distribution, geography, and climate of the State
10and construction therein, consistent with the public policy
11objectives of this Act.
12(Source: P.A. 96-778, eff. 8-28-09.)
13    (20 ILCS 3125/20)
14    Sec. 20. Applicability.
15    (a) The Board shall review and adopt the International
16Energy Conservation Code and the International Green
17Construction Code within one year after their its publication.
18The Codes Code shall take effect within 6 months after they are
19it is adopted by the Board, except that, beginning January 1,
202012, the International Energy Conservation Code adopted in
212012 shall take effect on January 1, 2013. Except as otherwise
22provided in this Act, the Code shall apply to (i) any new
23building or structure in this State for which a building permit
24application is received by a municipality or county and (ii)
25beginning on the effective date of this amendatory Act of the



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1100th General Assembly, each State facility specified in
2Section 4.01 of the Capital Development Board Act. In the case
3of any addition, alteration, renovation, or repair to an
4existing commercial structure, the Green Code adopted under
5this Act applies only to the portions of that structure that
6are being added, altered, renovated, or repaired. The changes
7made to this Section by Public Act 97-1033 this amendatory Act
8of the 97th General Assembly shall in no way invalidate or
9otherwise affect contracts entered into on or before August 17,
102012 (the effective date of Public Act 97-1033) this amendatory
11Act of the 97th General Assembly. The changes made to this
12Section by this amendatory Act of the 100th General Assembly
13shall not invalidate or otherwise affect contracts entered into
14on or before the effective date of this amendatory Act of the
15100th General Assembly.
16    (b) The following buildings shall be exempt from the Green
17Code, or portions thereof as set forth below:
18        (1) Buildings otherwise exempt from the provisions of a
19    locally adopted building code are exempt from the Green
20    Code. Buildings and buildings that do not contain a
21    conditioned space are exempt from the International Energy
22    Conservation Code.
23        (2) Buildings that do not use either electricity or
24    fossil fuel for comfort conditioning are exempt from the
25    International Energy Conservation Code. For purposes of
26    determining whether this exemption applies, a building



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1    will be presumed to be heated by electricity, even in the
2    absence of equipment used for electric comfort heating,
3    whenever the building is provided with electrical service
4    in excess of 100 amps, unless the code enforcement official
5    determines that this electrical service is necessary for
6    purposes other than providing electric comfort heating.
7        (3) Historic buildings are exempt from the Green Code.
8    This exemption shall apply to those buildings that are
9    listed on the National Register of Historic Places or the
10    Illinois Register of Historic Places, and to those
11    buildings that have been designated as historically
12    significant by a local governing body that is authorized to
13    make such designations.
14        (4) (Blank).
15        (5) Other buildings specified as exempt by the
16    International Energy Conservation Code or the
17    International Green Construction Code.
18    (c) Additions, alterations, renovations, or repairs to an
19existing building, building system, or portion thereof shall
20conform to the provisions of the Green Code as they relate to
21new construction without requiring the unaltered portion of the
22existing building or building system to comply with the Code.
23The following need not comply with the International Energy
24Conservation Code, provided that the energy use of the building
25is not increased: (i) storm windows installed over existing
26fenestration, (ii) glass-only replacements in an existing sash



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1and frame, (iii) existing ceiling, wall, or floor cavities
2exposed during construction, provided that these cavities are
3filled with insulation, and (iv) construction where the
4existing roof, wall, or floor is not exposed.
5    (d) A unit of local government that does not regulate
6energy efficient building or green construction standards is
7not required to adopt, enforce, or administer the Green Code;
8however, any energy efficient building or green construction
9standards adopted by a unit of local government must comply
10with this Act. If a unit of local government does not regulate
11energy efficient building or green construction standards, any
12construction, renovation, or addition to buildings or
13structures is subject to the provisions contained in this Act.
14(Source: P.A. 100-729, eff. 8-3-18.)
15    (20 ILCS 3125/25)
16    Sec. 25. Technical assistance.
17    (a) The Department shall make available to builders,
18designers, engineers, and architects implementation materials
19and training to explain the requirements of the Green Code and
20describe methods of compliance acceptable to Green Code
21Enforcement Officials.
22    (b) The materials shall include software tools, simplified
23prescriptive options, and other materials as appropriate. The
24simplified materials shall be designed for projects in which a
25design professional may not be involved.



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1    (c) The Department shall provide local jurisdictions with
2technical assistance concerning implementation and enforcement
3of the Green Code.
4(Source: P.A. 97-1033, eff. 8-17-12.)
5    (20 ILCS 3125/30)
6    Sec. 30. Enforcement. The Board, in consultation with the
7Department, shall determine procedures for compliance with the
8Green Code. These procedures may include but need not be
9limited to certification by a national, State, or local
10accredited energy conservation or green construction program
11or inspections from private Code-certified inspectors using
12the Green Code.
13(Source: P.A. 93-936, eff. 8-13-04.)
14    (20 ILCS 3125/40)
15    Sec. 40. Input from interested parties. When developing
16Green Code adaptations, rules, and procedures for compliance
17with the Green Code, the Capital Development Board shall seek
18input from representatives from the building trades, design
19professionals, construction professionals, code
20administrators, and other interested entities affected.
21(Source: P.A. 99-639, eff. 7-28-16.)
22    (20 ILCS 3125/45)
23    Sec. 45. Home rule.



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1    (a) No unit of local government, including any home rule
2unit, may regulate energy efficient building or green
3construction standards for commercial buildings in a manner
4that is less stringent than the provisions contained in this
6    (b) No unit of local government, including any home rule
7unit, may regulate energy efficient building standards for
8residential buildings in a manner that is either less or more
9stringent than the standards established pursuant to this Act;
10provided, however, that the following entities may regulate
11energy efficient building standards for residential buildings
12in a manner that is more stringent than the provisions
13contained in this Act: (i) a unit of local government,
14including a home rule unit, that has, on or before May 15,
152009, adopted or incorporated by reference energy efficient
16building standards for residential buildings that are
17equivalent to or more stringent than the 2006 International
18Energy Conservation Code, (ii) a unit of local government,
19including a home rule unit, that has, on or before May 15,
202009, provided to the Capital Development Board, as required by
21Section 10.18 of the Capital Development Board Act, an
22identification of an energy efficient building code or
23amendment that is equivalent to or more stringent than the 2006
24International Energy Conservation Code, and (iii) a
25municipality with a population of 1,000,000 or more.
26    (c) No unit of local government, including any home rule



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1unit or unit of local government that is subject to State
2regulation under the Green Code as provided in Section 15 of
3this Act, may hereafter enact any annexation ordinance or
4resolution, or require or enter into any annexation agreement,
5that imposes energy efficient building or green construction
6standards for residential buildings that are either less or
7more stringent than the energy efficiency or green construction
8standards in effect, at the time of construction, throughout
9the unit of local government.
10    (d) This Section is a denial and limitation of home rule
11powers and functions under subsection (i) of Section 6 of
12Article VII of the Illinois Constitution on the concurrent
13exercise by home rule units of powers and functions exercised
14by the State. Nothing in this Section, however, prevents a unit
15of local government from adopting an energy efficiency or green
16construction code or standards for commercial buildings that
17are more stringent than the Green Code under this Act.
18(Source: P.A. 99-639, eff. 7-28-16.)".