Public Act 100-0729
 
SB3031 EnrolledLRB100 15913 HLH 31028 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    (20 ILCS 3105/10.09-5 rep.)
    Section 5. The Capital Development Board Act is amended by
repealing Section 10.09-5.
 
    Section 10. The Energy Efficient Building Act is amended by
changing Section 20 as follows:
 
    (20 ILCS 3125/20)
    Sec. 20. Applicability.
    (a) The Board shall review and adopt the Code within one
year after its publication. The Code shall take effect within 6
months after it is adopted by the Board, except that, beginning
January 1, 2012, the Code adopted in 2012 shall take effect on
January 1, 2013. Except as otherwise provided in this Act, the
Code and 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 , 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. The
changes made to this Section by this amendatory Act of the 97th
General Assembly shall in no way invalidate or otherwise affect
contracts entered into on or before the effective date of this
amendatory Act of the 97th General Assembly.
    (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).
        (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. 96-778, eff. 8-28-09; 97-1033, eff. 8-17-12.)
 
    Section 15. The Green Buildings Act is amended by changing
Sections 10 and 15 as follows:
 
    (20 ILCS 3130/10)
    Sec. 10. Definitions. In this Act:
    "Board" means the Capital Development Board.
    "Comfort conditioned building" means a normally occupied
building that is heated or cooled.
    "USGBC" means the United States 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
model.
    "Major renovation" means a project with a construction
budget that equals 40% or more of the building's current
replacement cost.
(Source: P.A. 96-73, eff. 7-24-09.)
 
    (20 ILCS 3130/15)
    Sec. 15. Green Buildings Standards.
    (a) All new State-funded building construction and major
renovations of existing State-owned facilities must be
designed to achieve, at a minimum, the silver certification of
the Leadership in Energy and Environmental Design's rating
system, 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.
New buildings and major renovations of 10,000 contiguous square
feet or more must obtain a USGBC LEED, GBI Green Globes, or
equivalent certification are required to seek LEED, Green
Globes, or equivalent certification.
    (b) (Blank). 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, but not limited to, the Green Building
    Initiative's Green Globes USA design program. USGBC LEED,
    GBI Green Globes, or the equivalent certification is not
    required.
        (2) New buildings and major renovations of 10,000
    square feet or more must achieve the silver building rating
    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, but not limited to, a two-globe rating in the
    Green Globes USA design program. USGBC LEED, GBI Green
    Globes, or the equivalent certification is required.
    (c) Exemptions to these standards are buildings that are
not "comfort" conditioned buildings, 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 any of
the following:
        (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, Green Globes, or the equivalent
construction standards have been followed.
    (f) (Blank). In addition to any required LEED, Green
Globes, or the equivalent criteria, the Board shall require
that all projects referenced in subsection (a) implement at
least one LEED alternative transportation criterion for public
transportation or bicycle access.
    (g) (Blank). The green building standards contained in this
Act shall be analyzed and evaluated by the Board 5 years after
the effective date of this Act or upon the completion of 10
Board green projects, whichever comes first.
(Source: P.A. 96-73, eff. 7-24-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/3/2018