HB5113ham001 95TH GENERAL ASSEMBLY

State Government Administration Committee

Filed: 3/12/2008

09500HB5113ham001 LRB095 17819 JAM 47916 a

AMENDMENT TO HOUSE BILL 5113

AMENDMENT NO. ______. Amend House Bill 5113 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Green Buildings Act.

Section 5. Findings. The General Assembly finds that an efficient green building plan is essential to:

(1) reduce the increasing costs of energy for public buildings and reduce the State's overall energy usage;

(2) preserve the environment and make State buildings better for those who work and study in them, as well as the area around them; and

(3) cut pollution, moderate peak energy demand, better assure the reliability of energy studies, and stabilize energy costs.

Section 10. Definitions. In this Act:

"Board" means the Capital Development Board.

"USGBC" means the United State Green Building Council.

"LEED" means the USGBC Leadership in Energy and Environmental Design green building rating standard.

"GBI" means The Green Building Initiative.

"Green Globes" means the GBI green building construction module.

"Major renovation" means a project with a construction budget that equals 40% or more of the building's current replacement cost.

Section 15. Green Buildings Standards.

(a) All new state-funded building construction and major renovations of existing state-owned facilities are required to seek LEED certification.

(b) All construction and major renovation projects, regardless of size, must achieve the highest level of certification practical within the project budget.

(1) New buildings and major renovations of less than 10,000 square feet must meet the highest standard of the Leadership in Energy and Environmental Design's rating system for new commercial construction and major renovation projects, as established by the United States Green Building Council, or an equivalent standard, including The Green Building Initiative's Green Globes USA design program. USGBC LEED certification is not required.

(2) New buildings and major renovations of less than 10,000 square feet must achieve the silver building rating of the Leadership in Energy and Environmental Designs rating system for new commercial construction and major renovation projects, as established by the United States Green Building Council, or an equivalent standard, including, but not limited to, a two-globe rating in the Green Globes USA design program. USGBC LEED or GBI Green Globes certification is required.

(c) Exemptions to these standards are buildings that are not "comfort" conditioned as determined by the Board. However, the project design team must document and incorporate all appropriate sustainable building methods, strategies, and technologies in the final design.

(d) State agencies and the project design team may apply to the Board for a waiver from these standards.

(e) Waivers shall be granted by the Board or an appropriate agency when the applicant can demonstrate and document:

(1) An unreasonable financial burden, taking into account the operating and construction costs over the life of the building and the total cost of ownership of the building.

(2) An unreasonable impediment to construction.

(3) The standards would impair the principal function of the building.

(4) The standards would compromise the historic nature of the structure.

Documentation on the submittal must include at a minimum:

(1) Life cycle cost analysis.

(2) Energy modeling.

The design team must provide the documentation for the new project to confirm that LEED or Green Globes construction standards have been followed.

(f) In addition to any required LEED criteria, the Board shall require that all projects referenced in subsection (a) implement at least one LEED criterion for alternative transportation for public transportation or bicycle access.

(g) The green building standards contained in this Act shall be analyzed and evaluated by the Board after 5 years or the completion of 10 Board green projects, whichever comes first.

Section 20. Rulemaking. Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this Act. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this Act, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this Act shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this Section, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

Section 99. Effective date. This Act takes effect upon becoming law.".