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Public Act 096-0778


 

Public Act 0778 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0778
 
HB3987 Enrolled LRB096 11406 JDS 21870 b

    AN ACT concerning energy efficiency.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Energy Efficient Commercial Building Act is
amended by changing Sections 1, 5, 10, 15, 20, and 45 as
follows:
 
    (20 ILCS 3125/1)
    Sec. 1. Short title. This Act may be cited as the Energy
Efficient Commercial Building Act.
(Source: P.A. 93-936, eff. 8-13-04.)
 
    (20 ILCS 3125/5)
    Sec. 5. Findings.
    (a) The legislature finds that an effective energy
efficient commercial building 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.
    (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
commercial buildings.
(Source: P.A. 93-936, eff. 8-13-04.)
 
    (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, excluding published supplements but including the
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.
    "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. 93-936, eff. 8-13-04; 94-815, eff. 5-26-06.)
 
    (20 ILCS 3125/15)
    Sec. 15. Energy Efficient Building Code. The Board, in
consultation with the Department, shall adopt the 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 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. The Board may
appropriately adapt the International Energy Conservation 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. 93-936, eff. 8-13-04.)
 
    (20 ILCS 3125/20)
    Sec. 20. Applicability.
    (a) The Board shall adopt the Code within 9 months after
its publication. The Code shall take effect within 3 months one
year after it is adopted by the Board and shall apply to any
new commercial building or structure in this State for which a
building permit application is received by a municipality or
county, except as otherwise provided by this Act. In the case
of any addition, alteration, renovation, or repair to an
existing commercial structure, the Code adopted under this Act
applies only to the portions of that structure that are being
added, altered, renovated, or repaired.
    (b) The following buildings shall be exempt from the Code:
        (1) Buildings otherwise exempt from the provisions of a
    locally adopted building code and buildings that do not
    contain a conditioned space.
        (2) Buildings that do not use either electricity or
    fossil fuel for comfort conditioning. 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. 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). Residential buildings.
        (5) Other buildings specified as exempt by the
    International Energy Conservation Code.
    (c) Additions, alterations, renovations, or repairs to an
existing building, building system, or portion thereof shall
conform to the provisions of the 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 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 standards is not required to adopt,
enforce, or administer the Code; however, any energy efficient
building 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 standards, any
construction, renovation, or addition to buildings or
structures is subject to the provisions contained in this Act.
(Source: P.A. 93-936, eff. 8-13-04.)
 
    (20 ILCS 3125/45)
    Sec. 45. Home rule.
    (a) No unit of local government, including any home rule
unit, may regulate energy efficient building 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 55 of the Illinois Building Commission 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 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 standards for
residential buildings that are either less or more stringent
than the energy efficiency 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 code or
standards for commercial buildings that are more stringent than
the Code under this Act.
(Source: P.A. 93-936, eff. 8-13-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/28/2009