State Government Administration Committee

Filed: 3/12/2008

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5113

2     AMENDMENT NO. ______. Amend House Bill 5113 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 1. Short title. This Act may be cited as the Green
5 Buildings Act.
 
6     Section 5. Findings. The General Assembly finds that an
7 efficient green building plan is essential to:
8     (1) reduce the increasing costs of energy for public
9 buildings and reduce the State's overall energy usage;
10     (2) preserve the environment and make State buildings
11 better for those who work and study in them, as well as the
12 area around them; and
13     (3) cut pollution, moderate peak energy demand, better
14 assure the reliability of energy studies, and stabilize energy
15 costs.
 

 

 

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1     Section 10. Definitions. In this Act:
2     "Board" means the Capital Development Board.
3     "USGBC" means the United State Green Building Council.
4     "LEED" means the USGBC Leadership in Energy and
5 Environmental Design green building rating standard.
6     "GBI" means The Green Building Initiative.
7     "Green Globes" means the GBI green building construction
8 module.
9     "Major renovation" means a project with a construction
10 budget that equals 40% or more of the building's current
11 replacement cost.
 
12     Section 15. Green Buildings Standards.
13     (a) All new state-funded building construction and major
14 renovations of existing state-owned facilities are required to
15 seek LEED certification.
16     (b) All construction and major renovation projects,
17 regardless of size, must achieve the highest level of
18 certification practical within the project budget.
19         (1) New buildings and major renovations of less than
20     10,000 square feet must meet the highest standard of the
21     Leadership in Energy and Environmental Design's rating
22     system for new commercial construction and major
23     renovation projects, as established by the United States
24     Green Building Council, or an equivalent standard,
25     including The Green Building Initiative's Green Globes USA

 

 

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1     design program. USGBC LEED certification is not required.
2         (2) New buildings and major renovations of less than
3     10,000 square feet must achieve the silver building rating
4     of the Leadership in Energy and Environmental Designs
5     rating system for new commercial construction and major
6     renovation projects, as established by the United States
7     Green Building Council, or an equivalent standard,
8     including, but not limited to, a two-globe rating in the
9     Green Globes USA design program. USGBC LEED or GBI Green
10     Globes certification is required.
11     (c) Exemptions to these standards are buildings that are
12 not "comfort" conditioned as determined by the Board. However,
13 the project design team must document and incorporate all
14 appropriate sustainable building methods, strategies, and
15 technologies in the final design.
16     (d) State agencies and the project design team may apply to
17 the Board for a waiver from these standards.
18     (e) Waivers shall be granted by the Board or an appropriate
19 agency when the applicant can demonstrate and document:
20         (1) An unreasonable financial burden, taking into
21     account the operating and construction costs over the life
22     of the building and the total cost of ownership of the
23     building.
24         (2) An unreasonable impediment to construction.
25         (3) The standards would impair the principal function
26     of the building.

 

 

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1         (4) The standards would compromise the historic nature
2     of the structure.
3     Documentation on the submittal must include at a minimum:
4         (1) Life cycle cost analysis.
5         (2) Energy modeling.
6     The design team must provide the documentation for the new
7 project to confirm that LEED or Green Globes construction
8 standards have been followed.
9     (f) In addition to any required LEED criteria, the Board
10 shall require that all projects referenced in subsection (a)
11 implement at least one LEED criterion for alternative
12 transportation for public transportation or bicycle access.
13     (g) The green building standards contained in this Act
14 shall be analyzed and evaluated by the Board after 5 years or
15 the completion of 10 Board green projects, whichever comes
16 first.
 
17     Section 20. Rulemaking. Notwithstanding any other
18 rulemaking authority that may exist, neither the Governor nor
19 any agency or agency head under the jurisdiction of the
20 Governor has any authority to make or promulgate rules to
21 implement or enforce the provisions of this Act. If, however,
22 the Governor believes that rules are necessary to implement or
23 enforce the provisions of this Act, the Governor may suggest
24 rules to the General Assembly by filing them with the Clerk of
25 the House and the Secretary of the Senate and by requesting

 

 

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1 that the General Assembly authorize such rulemaking by law,
2 enact those suggested rules into law, or take any other
3 appropriate action in the General Assembly's discretion.
4 Nothing contained in this Act shall be interpreted to grant
5 rulemaking authority under any other Illinois statute where
6 such authority is not otherwise explicitly given. For the
7 purposes of this Section, "rules" is given the meaning
8 contained in Section 1-70 of the Illinois Administrative
9 Procedure Act, and "agency" and "agency head" are given the
10 meanings contained in Sections 1-20 and 1-25 of the Illinois
11 Administrative Procedure Act to the extent that such
12 definitions apply to agencies or agency heads under the
13 jurisdiction of the Governor.
 
14     Section 99. Effective date. This Act takes effect upon
15 becoming law.".