Full Text of HB3987 96th General Assembly
HB3987enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning energy efficiency.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Energy
Efficient Commercial Building Act is | 5 |
| amended by changing Sections 1, 5, 10, 15, 20, and 45 as | 6 |
| follows: | 7 |
| (20 ILCS 3125/1)
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| Sec. 1. Short title. This Act may be cited as the Energy
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| Efficient Commercial Building Act.
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| (Source: P.A. 93-936, eff. 8-13-04.) | 11 |
| (20 ILCS 3125/5)
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| Sec. 5. Findings.
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| (a) The legislature finds that an effective energy | 14 |
| efficient commercial building code
is essential to:
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| (1) reduce the air pollutant emissions from energy | 16 |
| consumption that are
affecting the health of residents of | 17 |
| this State;
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| (2) moderate future peak electric power demand;
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| (3) assure the reliability of the electrical grid and | 20 |
| an adequate supply
of heating oil and natural gas; and
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| (4) control energy costs for residents and businesses | 22 |
| in this State.
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| (b) The legislature further finds that this State has a | 2 |
| number of different
climate types, all of which require energy | 3 |
| for both cooling and heating, and
that there are many | 4 |
| cost-effective measures that can reduce peak energy use and
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| reduce cooling, heating, lighting, and other energy costs in | 6 |
| commercial buildings.
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| (Source: P.A. 93-936, eff. 8-13-04.) | 8 |
| (20 ILCS 3125/10)
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| Sec. 10. Definitions.
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| "Board" means the Capital Development Board.
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| "Building" includes both residential buildings and | 12 |
| commercial buildings.
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| "Code" means the latest published edition of the | 14 |
| International Code Council's International Energy Conservation | 15 |
| Code, excluding published supplements but including the | 16 |
| adaptations to the Code that are made by the
Board.
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| "Commercial building" means any building except a building | 18 |
| that is a residential building, as defined in this Section. | 19 |
| "Department" means the Department of Commerce and Economic | 20 |
| Opportunity. | 21 |
| "Municipality" means any city, village, or incorporated | 22 |
| town.
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| "Residential building" means (i) a detached one-family or | 24 |
| 2-family dwelling or (ii) any building that is 3 stories or | 25 |
| less in height above grade that contains multiple dwelling |
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| units, in which the occupants reside on a primarily permanent | 2 |
| basis, such as a townhouse, a row house, an apartment house, a | 3 |
| convent, a monastery, a rectory, a fraternity or sorority | 4 |
| house, a dormitory, and a rooming house ; provided, however, | 5 |
| that when applied to a building located within the boundaries | 6 |
| of a municipality having a population of 1,000,000 or more, the | 7 |
| term "residential building" means a building containing one or | 8 |
| more dwelling units, not exceeding 4 stories above grade, where | 9 |
| occupants are primarily permanent .
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| (Source: P.A. 93-936, eff. 8-13-04; 94-815, eff. 5-26-06.) | 11 |
| (20 ILCS 3125/15)
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| Sec. 15. Energy Efficient Building Code. The Board, in | 13 |
| consultation with the Department, shall adopt the Code as | 14 |
| minimum
requirements for commercial buildings, applying to the | 15 |
| construction of, renovations to, and additions to all | 16 |
| commercial buildings in the State. The Board, in consultation | 17 |
| with the Department, shall also adopt the Code as the minimum | 18 |
| and maximum requirements for residential buildings, applying | 19 |
| to the construction of all residential buildings in the State, | 20 |
| except as provided for in Section 45 of this Act. The Board may
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| appropriately adapt the International Energy Conservation Code | 22 |
| to apply to the
particular economy, population distribution, | 23 |
| geography, and climate of the
State and construction therein, | 24 |
| consistent with the public policy
objectives of this Act.
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| (Source: P.A. 93-936, eff. 8-13-04.) |
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| (20 ILCS 3125/20)
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| Sec. 20. Applicability.
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| (a) The Board shall adopt the Code within 9 months after | 4 |
| its publication. The Code shall take effect within 3 months one | 5 |
| year after it is adopted by the Board and shall apply
to any | 6 |
| new commercial building or structure in this State for which a | 7 |
| building permit
application is received by a municipality or | 8 |
| county, except as otherwise provided by this Act.
In the case | 9 |
| of any addition, alteration, renovation, or repair to an | 10 |
| existing commercial structure, the Code adopted under this Act | 11 |
| applies only to the portions of that structure that are being | 12 |
| added, altered, renovated, or repaired.
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| (b) The following buildings shall be exempt from
the Code:
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| (1) Buildings otherwise exempt from the provisions of a | 15 |
| locally adopted
building code and buildings that do not | 16 |
| contain a conditioned space.
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| (2) Buildings that do not use either electricity or | 18 |
| fossil fuel for
comfort
conditioning. For purposes of | 19 |
| determining whether this exemption applies, a
building | 20 |
| will be presumed to be heated by electricity, even in the | 21 |
| absence of
equipment used for electric comfort heating, | 22 |
| whenever the building is provided
with electrical service | 23 |
| in excess of 100 amps, unless the code enforcement
official | 24 |
| determines that this electrical service is necessary for | 25 |
| purposes
other than providing electric comfort heating.
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| (3) Historic buildings. This exemption shall apply to | 2 |
| those buildings
that
are listed on the National Register of | 3 |
| Historic Places or the Illinois
Register of Historic | 4 |
| Places, and to those buildings that have been designated
as | 5 |
| historically significant by a local governing body that is | 6 |
| authorized to
make such designations.
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| (4) (Blank).
Residential buildings . | 8 |
| (5) Other buildings specified as exempt by the | 9 |
| International Energy Conservation Code.
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| (c) Additions, alterations, renovations, or repairs to an | 11 |
| existing building, building system, or portion thereof shall | 12 |
| conform to the provisions of the Code as they relate to new | 13 |
| construction without requiring the unaltered portion of the | 14 |
| existing building or building system to comply with the Code. | 15 |
| The following need not comply with the Code, provided that the | 16 |
| energy use of the building is not increased: (i) storm windows | 17 |
| installed over existing fenestration, (ii) glass-only | 18 |
| replacements in an existing sash and frame, (iii) existing | 19 |
| ceiling, wall, or floor cavities exposed during construction, | 20 |
| provided that these cavities are filled with insulation, and | 21 |
| (iv) construction where the existing roof, wall, or floor is | 22 |
| not exposed. | 23 |
| (d) A unit of local government that does not regulate | 24 |
| energy efficient building standards is not required to adopt, | 25 |
| enforce, or administer the Code; however, any energy efficient | 26 |
| building standards adopted by a unit of local government must |
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| comply with this Act. If a unit of local government does not | 2 |
| regulate energy efficient building standards, any | 3 |
| construction, renovation, or addition to buildings or | 4 |
| structures is subject to the provisions contained in this Act. | 5 |
| (Source: P.A. 93-936, eff. 8-13-04.) | 6 |
| (20 ILCS 3125/45)
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| Sec. 45. Home rule. | 8 |
| (a)
No unit of local government, including any home rule | 9 |
| unit, may regulate energy efficient building standards for | 10 |
| commercial buildings in a manner that is less stringent than | 11 |
| the provisions contained in this Act.
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| (b) No unit of local government, including any home rule | 13 |
| unit, may regulate energy efficient building standards for | 14 |
| residential buildings in a manner that is either less or more | 15 |
| stringent than the standards established pursuant to this Act; | 16 |
| provided, however, that the following entities may regulate | 17 |
| energy efficient building standards for residential buildings | 18 |
| in a manner that is more stringent than the provisions | 19 |
| contained in this Act: (i) a unit of local government, | 20 |
| including a home rule unit, that has, on or before May 15, | 21 |
| 2009, adopted or incorporated by reference energy efficient | 22 |
| building standards for residential buildings that are | 23 |
| equivalent to or more stringent than the 2006 International | 24 |
| Energy Conservation Code, (ii) a unit of local government, | 25 |
| including a home rule unit, that has, on or before May 15, |
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| 2009, provided to the Capital Development Board, as required by | 2 |
| Section 55 of the Illinois Building Commission Act, an | 3 |
| identification of an energy efficient building code or | 4 |
| amendment that is equivalent to or more stringent than the 2006 | 5 |
| International Energy Conservation Code, and (iii) a | 6 |
| municipality with a population of 1,000,000 or more. | 7 |
| (c) No unit of local government, including any home rule | 8 |
| unit or unit of local government that is subject to State | 9 |
| regulation under the Code as provided in Section 15 of this | 10 |
| Act, may hereafter enact any annexation ordinance or | 11 |
| resolution, or require or enter into any annexation agreement, | 12 |
| that imposes energy efficient building standards for | 13 |
| residential buildings that are either less or more stringent | 14 |
| than the energy efficiency standards in effect, at the time of | 15 |
| construction, throughout the unit of local government. | 16 |
| (d) This Section is a denial
and limitation
of home rule | 17 |
| powers and functions under subsection (i) of Section 6
of | 18 |
| Article VII of the Illinois Constitution on the concurrent | 19 |
| exercise by home rule units of powers and functions exercised | 20 |
| by the State.
Nothing in this Section, however, prevents a unit | 21 |
| of local government from adopting an energy efficiency code or | 22 |
| standards for commercial buildings that are more stringent than | 23 |
| the Code under this Act.
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| (Source: P.A. 93-936, eff. 8-13-04.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law. |
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