Rep. Martin J. Moylan

Filed: 11/28/2018





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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 and by
7adding Section 3 as follows:
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 3125/3 new)
13    Sec. 3. Illinois Plumbing License Law. In the event of a
14conflict between this Act and the Illinois Plumbing License
15Law, the Illinois Plumbing License Law controls.



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1    (20 ILCS 3125/5)
2    Sec. 5. Findings.
3    (a) The legislature finds that an effective energy
4efficient building and green construction code is essential to:
5        (1) reduce the air pollutant emissions from energy
6    consumption that are affecting the health of residents of
7    this State;
8        (2) moderate future peak electric power demand;
9        (3) assure the reliability of the electrical grid and
10    an adequate supply of heating oil and natural gas; and
11        (4) control energy costs for residents and businesses
12    in this State; .
13        (5) ensure clean water, reduced flooding, and enhanced
14    water supplies;
15        (6) provide for mitigation and adaptation to the
16    impacts of climate change;
17        (7) benefit both wildlife habitat and community
18    health; and
19        (8) create green jobs and cost savings.
20    (b) The legislature further finds that this State has a
21number of different climate types, all of which require energy
22for both cooling and heating, and that there are many
23cost-effective measures that can reduce peak energy use and
24reduce cooling, heating, lighting, and other energy costs in



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1(Source: P.A. 96-778, eff. 8-28-09.)
2    (20 ILCS 3125/10)
3    Sec. 10. Definitions.
4    "Board" means the Capital Development Board.
5    "Building" includes both residential buildings and
6commercial buildings.
7    "Code" means the latest published edition of the
8International Code Council's International Energy Conservation
9Code as adopted by the Board, excluding published supplements
10but including the amendments and adaptations to the Code that
11are made by the Board.
12    "Commercial building" means any building except a building
13that is a residential building, as defined in this Section.
14    "Department" means the Department of Commerce and Economic
16    "Green Code" means the latest published editions of the
17International Code Council's International Energy Conservation
18Code and International Green Construction Code, as adopted by
19the Board, excluding published supplements but including the
20amendments and adaptations to either Code that are made by the
22    "Green construction" means construction, renovations, and
23additions that consider site sustainability, water and energy
24efficiency, indoor environmental quality, materials and
25resources, building commissioning, construction, and plans for



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1operations and maintenance for new and existing buildings,
2building sites, and building materials, components, equipment,
3and systems.
4    "Municipality" means any city, village, or incorporated
6    "Residential building" means (i) a detached one-family or
72-family dwelling or (ii) any building that is 3 stories or
8less in height above grade that contains multiple dwelling
9units, in which the occupants reside on a primarily permanent
10basis, such as a townhouse, a row house, an apartment house, a
11convent, a monastery, a rectory, a fraternity or sorority
12house, a dormitory, and a rooming house; provided, however,
13that when applied to a building located within the boundaries
14of a municipality having a population of 1,000,000 or more, the
15term "residential building" means a building containing one or
16more dwelling units, not exceeding 4 stories above grade, where
17occupants are primarily permanent.
18(Source: P.A. 96-778, eff. 8-28-09; 97-1033, eff. 8-17-12.)
19    (20 ILCS 3125/15)
20    Sec. 15. Green Energy Efficient Building Code.
21    (a) The Board, in consultation with the Department, shall
22adopt the International Energy Conservation Code Code as
23minimum requirements for commercial buildings, applying to the
24construction of, renovations to, and additions to all
25commercial buildings in the State. The Board, in consultation



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1with the Department, shall also adopt the International Energy
2Conservation Code as the minimum and maximum requirements for
3residential buildings, applying to the construction of all
4residential buildings in the State, except as provided for in
5Section 45 of this Act.
6    (b) The Board, in consultation with the Department, shall
7adopt the International Green Construction Code as the minimum
8requirements for the construction of, renovations to, and
9additions to all commercial buildings in the State that are
10represented to be green construction.
11    (c) The Board may appropriately adapt the International
12Energy Conservation Code and the International Green
13Construction Code to apply to the particular economy,
14population distribution, geography, and climate of the State
15and construction therein, consistent with the public policy
16objectives of this Act.
17(Source: P.A. 96-778, eff. 8-28-09.)
18    (20 ILCS 3125/20)
19    Sec. 20. Applicability.
20    (a) The Board shall review and adopt the International
21Energy Conservation Code and the International Green
22Construction Code within one year after their its publication.
23The Codes Code shall take effect within 6 months after they are
24it is adopted by the Board, except that, beginning January 1,
252012, the International Energy Conservation Code adopted in



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12012 shall take effect on January 1, 2013. Except as otherwise
2provided in this Act, the Code shall apply to (i) any new
3building or structure in this State for which a building permit
4application is received by a municipality or county and (ii)
5beginning on the effective date of this amendatory Act of the
6100th General Assembly, each State facility specified in
7Section 4.01 of the Capital Development Board Act. In the case
8of any addition, alteration, renovation, or repair to an
9existing commercial structure, the Green Code adopted under
10this Act applies only to the portions of that structure that
11are being added, altered, renovated, or repaired. The changes
12made to this Section by Public Act 97-1033 this amendatory Act
13of the 97th General Assembly shall in no way invalidate or
14otherwise affect contracts entered into on or before August 17,
152012 (the effective date of Public Act 97-1033) this amendatory
16Act of the 97th General Assembly. The changes made to this
17Section by this amendatory Act of the 100th General Assembly
18shall not invalidate or otherwise affect contracts entered into
19on or before the effective date of this amendatory Act of the
20100th General Assembly.
21    (b) The following buildings shall be exempt from the Green
22Code, or portions thereof as set forth below:
23        (1) Buildings otherwise exempt from the provisions of a
24    locally adopted building code are exempt from the Green
25    Code. Buildings and buildings that do not contain a
26    conditioned space are exempt from the International Energy



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



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1existing building or building system to comply with the Code.
2The following need not comply with the International Energy
3Conservation Code, provided that the energy use of the building
4is not increased: (i) storm windows installed over existing
5fenestration, (ii) glass-only replacements in an existing sash
6and frame, (iii) existing ceiling, wall, or floor cavities
7exposed during construction, provided that these cavities are
8filled with insulation, and (iv) construction where the
9existing roof, wall, or floor is not exposed.
10    (d) A unit of local government that does not regulate
11energy efficient building or green construction standards is
12not required to adopt, enforce, or administer the Green Code;
13however, any energy efficient building or green construction
14standards adopted by a unit of local government must comply
15with this Act. If a unit of local government does not regulate
16energy efficient building or green construction standards, any
17construction, renovation, or addition to buildings or
18structures is subject to the provisions contained in this Act.
19(Source: P.A. 100-729, eff. 8-3-18.)
20    (20 ILCS 3125/25)
21    Sec. 25. Technical assistance.
22    (a) The Department shall make available to builders,
23designers, engineers, and architects implementation materials
24and training to explain the requirements of the Green Code and
25describe methods of compliance acceptable to Green Code



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1Enforcement Officials.
2    (b) The materials shall include software tools, simplified
3prescriptive options, and other materials as appropriate. The
4simplified materials shall be designed for projects in which a
5design professional may not be involved.
6    (c) The Department shall provide local jurisdictions with
7technical assistance concerning implementation and enforcement
8of the Green Code.
9(Source: P.A. 97-1033, eff. 8-17-12.)
10    (20 ILCS 3125/30)
11    Sec. 30. Enforcement. The Board, in consultation with the
12Department, shall determine procedures for compliance with the
13Green Code. These procedures may include but need not be
14limited to certification by a national, State, or local
15accredited energy conservation or green construction program
16or inspections from private Code-certified inspectors using
17the Green Code.
18(Source: P.A. 93-936, eff. 8-13-04.)
19    (20 ILCS 3125/40)
20    Sec. 40. Input from interested parties. When developing
21Green Code adaptations, rules, and procedures for compliance
22with the Green Code, the Capital Development Board shall seek
23input from representatives from the building trades, design
24professionals, construction professionals, code



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1administrators, and other interested entities affected.
2(Source: P.A. 99-639, eff. 7-28-16.)
3    (20 ILCS 3125/45)
4    Sec. 45. Home rule.
5    (a) No unit of local government, including any home rule
6unit, may regulate energy efficient building or green
7construction standards for commercial buildings in a manner
8that is less stringent than the provisions contained in this
10    (b) No unit of local government, including any home rule
11unit, may regulate energy efficient building standards for
12residential buildings in a manner that is either less or more
13stringent than the standards established pursuant to this Act;
14provided, however, that the following entities may regulate
15energy efficient building standards for residential buildings
16in a manner that is more stringent than the provisions
17contained in this Act: (i) a unit of local government,
18including a home rule unit, that has, on or before May 15,
192009, adopted or incorporated by reference energy efficient
20building standards for residential buildings that are
21equivalent to or more stringent than the 2006 International
22Energy Conservation Code, (ii) a unit of local government,
23including a home rule unit, that has, on or before May 15,
242009, provided to the Capital Development Board, as required by
25Section 10.18 of the Capital Development Board Act, an



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1identification of an energy efficient building code or
2amendment that is equivalent to or more stringent than the 2006
3International Energy Conservation Code, and (iii) a
4municipality with a population of 1,000,000 or more.
5    (c) No unit of local government, including any home rule
6unit or unit of local government that is subject to State
7regulation under the Green Code as provided in Section 15 of
8this Act, may hereafter enact any annexation ordinance or
9resolution, or require or enter into any annexation agreement,
10that imposes energy efficient building or green construction
11standards for residential buildings that are either less or
12more stringent than the energy efficiency or green construction
13standards in effect, at the time of construction, throughout
14the unit of local government.
15    (d) This Section is a denial and limitation of home rule
16powers and functions under subsection (i) of Section 6 of
17Article VII of the Illinois Constitution on the concurrent
18exercise by home rule units of powers and functions exercised
19by the State. Nothing in this Section, however, prevents a unit
20of local government from adopting an energy efficiency or green
21construction code or standards for commercial buildings that
22are more stringent than the Green Code under this Act.
23(Source: P.A. 99-639, eff. 7-28-16.)".