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.