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| Public Act 096-0778 |
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AN ACT concerning energy efficiency.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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)
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Sec. 1. Short title. This Act may be cited as the Energy
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Efficient Commercial Building Act.
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(Source: P.A. 93-936, eff. 8-13-04.) | ||||
(20 ILCS 3125/5)
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Sec. 5. Findings.
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(a) The legislature finds that an effective energy | ||||
efficient commercial building code
is essential to:
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(1) reduce the air pollutant emissions from energy | ||||
consumption that are
affecting the health of residents of | ||||
this State;
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(2) moderate future peak electric power demand;
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(3) assure the reliability of the electrical grid and | ||||
an adequate supply
of heating oil and natural gas; and
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(4) control energy costs for residents and businesses | ||||
in this State.
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(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
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reduce cooling, heating, lighting, and other energy costs in | ||
commercial buildings.
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(Source: P.A. 93-936, eff. 8-13-04.) | ||
(20 ILCS 3125/10)
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Sec. 10. Definitions.
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"Board" means the Capital Development Board.
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"Building" includes both residential buildings and | ||
commercial buildings.
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"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.
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"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.
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"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.
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(Source: P.A. 93-936, eff. 8-13-04; 94-815, eff. 5-26-06.) | ||
(20 ILCS 3125/15)
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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
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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.
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(Source: P.A. 93-936, eff. 8-13-04.) | ||
(20 ILCS 3125/20)
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Sec. 20. Applicability.
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(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.
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(b) The following buildings shall be exempt from
the Code:
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(1) Buildings otherwise exempt from the provisions of a | ||
locally adopted
building code and buildings that do not | ||
contain a conditioned space.
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(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.
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(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.
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(4) (Blank).
Residential buildings. | ||
(5) Other buildings specified as exempt by the | ||
International Energy Conservation Code.
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(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)
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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.
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(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.
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(Source: P.A. 93-936, eff. 8-13-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||