SB1226ham004 100TH GENERAL ASSEMBLY

Rep. Martin J. Moylan

Filed: 11/28/2018

10000SB1226ham004 LRB100 00362 HLH 43648 a

AMENDMENT TO SENATE BILL 1226

AMENDMENT NO. ______. Amend Senate Bill 1226, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Energy Efficient Building Act is amended by changing Sections 1, 5, 10, 15, 20, 25, 30, 40, and 45 and by adding Section 3 as follows:

(20 ILCS 3125/1)

Sec. 1. Short title. This Act may be cited as the Energy Efficient Building and Green Construction Act.

(Source: P.A. 96-778, eff. 8-28-09.)

(20 ILCS 3125/3 new)

Sec. 3. Illinois Plumbing License Law. In the event of a conflict between this Act and the Illinois Plumbing License Law, the Illinois Plumbing License Law controls.

(20 ILCS 3125/5)

Sec. 5. Findings.

(a) The legislature finds that an effective energy efficient building and green construction code is essential to:

(1) reduce the air pollutant emissions from energy consumption that are affecting the health of residents of this State;

(2) moderate future peak electric power demand;

(3) assure the reliability of the electrical grid and an adequate supply of heating oil and natural gas; and

(4) control energy costs for residents and businesses in this State; .

(5) ensure clean water, reduced flooding, and enhanced water supplies;

(6) provide for mitigation and adaptation to the impacts of climate change;

(7) benefit both wildlife habitat and community health; and

(8) create green jobs and cost savings.

(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 reduce cooling, heating, lighting, and other energy costs in buildings.

(Source: P.A. 96-778, eff. 8-28-09.)

(20 ILCS 3125/10)

Sec. 10. Definitions.

"Board" means the Capital Development Board.

"Building" includes both residential buildings and commercial buildings.

"Code" means the latest published edition of the International Code Council's International Energy Conservation Code as adopted by the Board, excluding published supplements but including the amendments and adaptations to the Code that are made by the Board.

"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 Opportunity.

"Green Code" means the latest published editions of the International Code Council's International Energy Conservation Code and International Green Construction Code, as adopted by the Board, excluding published supplements but including the amendments and adaptations to either Code that are made by the Board.

"Green construction" means construction, renovations, and additions that consider site sustainability, water and energy efficiency, indoor environmental quality, materials and resources, building commissioning, construction, and plans for operations and maintenance for new and existing buildings, building sites, and building materials, components, equipment, and systems.

"Municipality" means any city, village, or incorporated town.

"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; provided, however, that when applied to a building located within the boundaries of a municipality having a population of 1,000,000 or more, the term "residential building" means a building containing one or more dwelling units, not exceeding 4 stories above grade, where occupants are primarily permanent.

(Source: P.A. 96-778, eff. 8-28-09; 97-1033, eff. 8-17-12.)

(20 ILCS 3125/15)

Sec. 15. Green Energy Efficient Building Code.

(a) The Board, in consultation with the Department, shall adopt the International Energy Conservation Code Code as minimum requirements for commercial buildings, applying to the construction of, renovations to, and additions to all commercial buildings in the State. The Board, in consultation with the Department, shall also adopt the International Energy Conservation Code as the minimum and maximum requirements for residential buildings, applying to the construction of all residential buildings in the State, except as provided for in Section 45 of this Act.

(b) The Board, in consultation with the Department, shall adopt the International Green Construction Code as the minimum requirements for the construction of, renovations to, and additions to all commercial buildings in the State that are represented to be green construction.

(c) The Board may appropriately adapt the International Energy Conservation Code and the International Green Construction Code to apply to the particular economy, population distribution, geography, and climate of the State and construction therein, consistent with the public policy objectives of this Act.

(Source: P.A. 96-778, eff. 8-28-09.)

(20 ILCS 3125/20)

Sec. 20. Applicability.

(a) The Board shall review and adopt the International Energy Conservation Code and the International Green Construction Code within one year after their its publication. The Codes Code shall take effect within 6 months after they are it is adopted by the Board, except that, beginning January 1, 2012, the International Energy Conservation Code adopted in 2012 shall take effect on January 1, 2013. Except as otherwise provided in this Act, the Code shall apply to (i) any new building or structure in this State for which a building permit application is received by a municipality or county and (ii) beginning on the effective date of this amendatory Act of the 100th General Assembly, each State facility specified in Section 4.01 of the Capital Development Board Act. In the case of any addition, alteration, renovation, or repair to an existing commercial structure, the Green Code adopted under this Act applies only to the portions of that structure that are being added, altered, renovated, or repaired. The changes made to this Section by Public Act 97-1033 this amendatory Act of the 97th General Assembly shall in no way invalidate or otherwise affect contracts entered into on or before August 17, 2012 (the effective date of Public Act 97-1033) this amendatory Act of the 97th General Assembly. The changes made to this Section by this amendatory Act of the 100th General Assembly shall not invalidate or otherwise affect contracts entered into on or before the effective date of this amendatory Act of the 100th General Assembly.

(b) The following buildings shall be exempt from the Green Code, or portions thereof as set forth below:

(1) Buildings otherwise exempt from the provisions of a locally adopted building code are exempt from the Green Code. Buildings and buildings that do not contain a conditioned space are exempt from the International Energy Conservation Code.

(2) Buildings that do not use either electricity or fossil fuel for comfort conditioning are exempt from the International Energy Conservation Code. 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.

(3) Historic buildings are exempt from the Green Code. 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.

(4) (Blank).

(5) Other buildings specified as exempt by the International Energy Conservation Code or the International Green Construction Code.

(c) Additions, alterations, renovations, or repairs to an existing building, building system, or portion thereof shall conform to the provisions of the Green Code as they relate to new construction without requiring the unaltered portion of the existing building or building system to comply with the Code. The following need not comply with the International Energy Conservation Code, provided that the energy use of the building is not increased: (i) storm windows installed over existing fenestration, (ii) glass-only replacements in an existing sash and frame, (iii) existing ceiling, wall, or floor cavities exposed during construction, provided that these cavities are filled with insulation, and (iv) construction where the existing roof, wall, or floor is not exposed.

(d) A unit of local government that does not regulate energy efficient building or green construction standards is not required to adopt, enforce, or administer the Green Code; however, any energy efficient building or green construction standards adopted by a unit of local government must comply with this Act. If a unit of local government does not regulate energy efficient building or green construction standards, any construction, renovation, or addition to buildings or structures is subject to the provisions contained in this Act.

(Source: P.A. 100-729, eff. 8-3-18.)

(20 ILCS 3125/25)

Sec. 25. Technical assistance.

(a) The Department shall make available to builders, designers, engineers, and architects implementation materials and training to explain the requirements of the Green Code and describe methods of compliance acceptable to Green Code Enforcement Officials.

(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.

(c) The Department shall provide local jurisdictions with technical assistance concerning implementation and enforcement of the Green Code.

(Source: P.A. 97-1033, eff. 8-17-12.)

(20 ILCS 3125/30)

Sec. 30. Enforcement. The Board, in consultation with the Department, shall determine procedures for compliance with the Green Code. These procedures may include but need not be limited to certification by a national, State, or local accredited energy conservation or green construction program or inspections from private Code-certified inspectors using the Green Code.

(Source: P.A. 93-936, eff. 8-13-04.)

(20 ILCS 3125/40)

Sec. 40. Input from interested parties. When developing Green Code adaptations, rules, and procedures for compliance with the Green Code, the Capital Development Board shall seek input from representatives from the building trades, design professionals, construction professionals, code administrators, and other interested entities affected.

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

(20 ILCS 3125/45)

Sec. 45. Home rule.

(a) No unit of local government, including any home rule unit, may regulate energy efficient building or green construction standards for commercial buildings in a manner that is less stringent than the provisions contained in this Act.

(b) No unit of local government, including any home rule unit, may regulate energy efficient building standards for residential buildings in a manner that is either less or more stringent than the standards established pursuant to this Act; provided, however, that the following entities may regulate energy efficient building standards for residential buildings in a manner that is more stringent than the provisions contained in this Act: (i) a unit of local government, including a home rule unit, that has, on or before May 15, 2009, adopted or incorporated by reference energy efficient building standards for residential buildings that are equivalent to or more stringent than the 2006 International Energy Conservation Code, (ii) a unit of local government, including a home rule unit, that has, on or before May 15, 2009, provided to the Capital Development Board, as required by Section 10.18 of the Capital Development Board Act, an identification of an energy efficient building code or amendment that is equivalent to or more stringent than the 2006 International Energy Conservation Code, and (iii) a municipality with a population of 1,000,000 or more.

(c) No unit of local government, including any home rule unit or unit of local government that is subject to State regulation under the Green Code as provided in Section 15 of this Act, may hereafter enact any annexation ordinance or resolution, or require or enter into any annexation agreement, that imposes energy efficient building or green construction standards for residential buildings that are either less or more stringent than the energy efficiency or green construction standards in effect, at the time of construction, throughout the unit of local government.

(d) 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 or green construction code or standards for commercial buildings that are more stringent than the Green Code under this Act.

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