Public Act 093-0936
 		





HB4099 Enrolled
LRB093 16165 BDD 44166 b






    AN ACT in relation to energy conservation. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
    Section 1. Short title.   This Act may be cited as the 
Energy
Efficient Commercial Building Act.


 
    Section 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.



 
    Section 10. Definitions.


    "Board" means the Capital Development Board.


    "Code" means the 2000 International Energy Conservation 
Code, the ASHRAE 90.1-1999 Standard, which is included within 
that Code,  the 2001
supplement to that Code, and 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.


 
    Section 15. Energy Efficient Building Code.   The Board, in 
consultation with the Department, shall adopt the Code as 
minimum
requirements applying to the construction of, 
renovations to, and additions to all commercial buildings in 
the State. 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.



 
    Section 20. Applicability. 


    (a) The Code shall take effect one year after it is adopted 
by the Board and shall apply
to any 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) Residential buildings.
        (5) Other buildings specified as exempt by the 
    International Energy Conservation Code.


 
    Section 25. Technical assistance.


    (a) The Department shall make available to builders, 
designers, engineers, and
architects implementation materials 
that explain the requirements of the
Code and describe methods 
of compliance
acceptable to Code Enforcement Officials.


    (b) The materials shall include software tools, simplified 
prescriptive
options, and other materials as appropriate.  The 
simplified materials shall be
designed for projects in which a 
design professional may not be involved.


    (c) The Department shall provide local jurisdictions with 
technical assistance
concerning implementation and enforcement 
of the
Code.



 
    Section 30. Enforcement.   The
Board, in consultation with 
the Department, shall
determine
procedures for compliance with 
the Code.  These procedures
may include but need not be
limited 
to certification by a national, State, or local accredited 
energy
conservation program or inspections from private 
Code-certified inspectors
using the Code.



 
    Section 35. Rules.   The Board may adopt any rules that are 
necessary for the
furtherance of this Act.



 
    Section 40. Input   from   interested   parties.     When
developing  
Code  adaptations,  rules,  and  procedures   for
compliance  with  the 
Code, the Capital Development Board, or
the Illinois Building 
Commission as directed  by  the  Board,
shall  seek  input  from  
representatives  from  the building
trades,  design  
professionals,  construction  professionals,
code 
administrators, and other interested entities affected.

 
    Section 45. Home rule.   No unit of local government, 
including any home rule unit, may regulate energy efficient 
building standards in a manner that is less stringent than the 
provisions contained in this Act.  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 that are more stringent 
than the Code under this Act.


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