Bill Amendment: IL SB1226 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: MHDDAA-STAFF ADM MEDS

Status: 2019-01-09 - Session Sine Die [SB1226 Detail]

Download: Illinois-2017-SB1226-House_Amendment_002.html

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Rep. Martin J. Moylan

Filed: 11/14/2018

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AMENDMENT TO SENATE BILL 1226
AMENDMENT NO. ______. Amend Senate Bill 1226, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Energy Efficient Building Act is amended by
changing Sections 1, 5, 10, 15, 20, 25, 30, 40, and 45 as
follows:
(20 ILCS 3125/1)
Sec. 1. Short title. This Act may be cited as the Energy
Efficient Building and Green Construction Act.
(Source: P.A. 96-778, eff. 8-28-09.)
(20 ILCS 3125/5)
Sec. 5. Findings.
(a) The legislature finds that an effective energy
efficient building and green construction 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;
(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; .
(5) ensure clean water, reduced flooding, and enhanced
water supplies;
(6) provide for mitigation and adaptation to the
impacts of climate change;
(7) benefit both wildlife habitat and community
health; and
(8) create green jobs and cost savings.
(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
buildings.
(Source: P.A. 96-778, eff. 8-28-09.)
(20 ILCS 3125/10)
Sec. 10. Definitions.
"Board" means the Capital Development Board.

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"Building" includes both residential buildings and
commercial buildings.
"Green Code" means the latest published editions edition of
the International Code Council's International Energy
Conservation Code and International Green Construction Code,
as adopted by the Board, excluding published supplements but
including the amendments and adaptations to either 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.

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(Source: P.A. 96-778, eff. 8-28-09; 97-1033, eff. 8-17-12.)
(20 ILCS 3125/15)
Sec. 15. Green Energy Efficient Building Code. The Board,
in consultation with the Department, shall adopt the
International Energy Conservation Code and the International
Green Construction Code, 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 International Energy Conservation 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 and the International Green
Construction 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. 96-778, eff. 8-28-09.)
(20 ILCS 3125/20)
Sec. 20. Applicability.
(a) The Board shall review and adopt the International
Energy Conservation Code and the International Green

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Construction Code within one year after their its publication.
The Codes Code shall take effect within 6 months after they are
it is adopted by the Board, except that, beginning January 1,
2012, the International Energy Conservation Code adopted in
2012 shall take effect on January 1, 2013. Except as otherwise
provided in this Act, the Code 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. In the case
of any addition, alteration, renovation, or repair to an
existing commercial structure, the Green 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 Public Act 97-1033 this amendatory Act
of the 97th General Assembly shall in no way invalidate or
otherwise affect contracts entered into on or before August 17,
2012 (the effective date of Public Act 97-1033) this amendatory
Act of the 97th General Assembly. The changes made to this
Section by this amendatory Act of the 100th 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 100th General Assembly.
(b) The following buildings shall be exempt from the Green
Code, or portions thereof as set forth below:

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(1) Buildings otherwise exempt from the provisions of a
locally adopted building code are exempt from the Green
Code. Buildings and buildings that do not contain a
conditioned space are exempt from the International Energy
Conservation Code.
(2) Buildings that do not use either electricity or
fossil fuel for comfort conditioning are exempt from the
International Energy Conservation Code. 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 are exempt from the Green Code.
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 or the
International Green Construction 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 Green 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 International Energy
Conservation 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 or green construction standards is
not required to adopt, enforce, or administer the Green Code;
however, any energy efficient building or green construction
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 or green construction standards, any
construction, renovation, or addition to buildings or
structures is subject to the provisions contained in this Act.
(Source: P.A. 100-729, eff. 8-3-18.)
(20 ILCS 3125/25)
Sec. 25. Technical assistance.

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(a) The Department shall make available to builders,
designers, engineers, and architects implementation materials
and training to explain the requirements of the Green Code and
describe methods of compliance acceptable to Green 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 Green Code.
(Source: P.A. 97-1033, eff. 8-17-12.)
(20 ILCS 3125/30)
Sec. 30. Enforcement. The Board, in consultation with the
Department, shall determine procedures for compliance with the
Green Code. These procedures may include but need not be
limited to certification by a national, State, or local
accredited energy conservation or green construction program
or inspections from private Code-certified inspectors using
the Green Code.
(Source: P.A. 93-936, eff. 8-13-04.)
(20 ILCS 3125/40)
Sec. 40. Input from interested parties. When developing

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Green Code adaptations, rules, and procedures for compliance
with the Green Code, the Capital Development Board shall seek
input from representatives from the building trades, design
professionals, construction professionals, code
administrators, and other interested entities affected.
(Source: P.A. 99-639, eff. 7-28-16.)
(20 ILCS 3125/45)
Sec. 45. Home rule.
(a) No unit of local government, including any home rule
unit, may regulate energy efficient building or green
construction 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

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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 10.18 of the Capital Development Board 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 Green 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 or green construction
standards for residential buildings that are either less or
more stringent than the energy efficiency or green construction
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 or green
construction code or standards for commercial buildings that
are more stringent than the Green Code under this Act.

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(Source: P.A. 99-639, eff. 7-28-16.)".