Bill Amendment: IL SB1226 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: MHDDAA-STAFF ADM MEDS
Status: 2019-01-09 - Session Sine Die [SB1226 Detail]
Download: Illinois-2017-SB1226-House_Amendment_002.html
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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1 | AMENDMENT TO SENATE BILL 1226
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2 | AMENDMENT NO. ______. Amend Senate Bill 1226, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Energy
Efficient Building Act is amended by | ||||||
6 | changing Sections 1, 5, 10, 15, 20, 25, 30, 40, and 45 as | ||||||
7 | follows:
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8 | (20 ILCS 3125/1)
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9 | Sec. 1. Short title. This Act may be cited as the Energy
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10 | Efficient Building and Green Construction Act.
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11 | (Source: P.A. 96-778, eff. 8-28-09.)
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12 | (20 ILCS 3125/5)
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13 | Sec. 5. Findings.
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14 | (a) The legislature finds that an effective energy | ||||||
15 | efficient building and green construction code
is essential to:
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1 | (1) reduce the air pollutant emissions from energy | ||||||
2 | consumption that are
affecting the health of residents of | ||||||
3 | this State;
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4 | (2) moderate future peak electric power demand;
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5 | (3) assure the reliability of the electrical grid and | ||||||
6 | an adequate supply
of heating oil and natural gas; and
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7 | (4) control energy costs for residents and businesses | ||||||
8 | in this State ; .
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9 | (5) ensure clean water, reduced flooding, and enhanced | ||||||
10 | water supplies; | ||||||
11 | (6) provide for mitigation and adaptation to the | ||||||
12 | impacts of climate change; | ||||||
13 | (7) benefit both wildlife habitat and community | ||||||
14 | health; and | ||||||
15 | (8) create green jobs and cost savings. | ||||||
16 | (b) The legislature further finds that this State has a | ||||||
17 | number of different
climate types, all of which require energy | ||||||
18 | for both cooling and heating, and
that there are many | ||||||
19 | cost-effective measures that can reduce peak energy use and
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20 | reduce cooling, heating, lighting, and other energy costs in | ||||||
21 | buildings.
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22 | (Source: P.A. 96-778, eff. 8-28-09.)
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23 | (20 ILCS 3125/10)
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24 | Sec. 10. Definitions.
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25 | "Board" means the Capital Development Board.
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1 | "Building" includes both residential buildings and | ||||||
2 | commercial buildings.
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3 | " Green Code" means the latest published editions edition of | ||||||
4 | the International Code Council's International Energy | ||||||
5 | Conservation Code and International Green Construction Code, | ||||||
6 | as adopted by the Board, excluding published supplements but | ||||||
7 | including the amendments and adaptations to either the Code | ||||||
8 | that are made by the
Board.
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9 | "Commercial building" means any building except a building | ||||||
10 | that is a residential building, as defined in this Section. | ||||||
11 | "Department" means the Department of Commerce and Economic | ||||||
12 | Opportunity. | ||||||
13 | "Municipality" means any city, village, or incorporated | ||||||
14 | town.
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15 | "Residential building" means (i) a detached one-family or | ||||||
16 | 2-family dwelling or (ii) any building that is 3 stories or | ||||||
17 | less in height above grade that contains multiple dwelling | ||||||
18 | units, in which the occupants reside on a primarily permanent | ||||||
19 | basis, such as a townhouse, a row house, an apartment house, a | ||||||
20 | convent, a monastery, a rectory, a fraternity or sorority | ||||||
21 | house, a dormitory, and a rooming house; provided, however, | ||||||
22 | that when applied to a building located within the boundaries | ||||||
23 | of a municipality having a population of 1,000,000 or more, the | ||||||
24 | term "residential building" means a building containing one or | ||||||
25 | more dwelling units, not exceeding 4 stories above grade, where | ||||||
26 | occupants are primarily permanent.
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1 | (Source: P.A. 96-778, eff. 8-28-09; 97-1033, eff. 8-17-12.)
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2 | (20 ILCS 3125/15)
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3 | Sec. 15. Green Energy Efficient Building Code. The Board, | ||||||
4 | in consultation with the Department, shall adopt the | ||||||
5 | International Energy Conservation Code and the International | ||||||
6 | Green Construction Code, Code as minimum
requirements for | ||||||
7 | commercial buildings, applying to the construction of, | ||||||
8 | renovations to, and additions to all commercial buildings in | ||||||
9 | the State. The Board, in consultation with the Department, | ||||||
10 | shall also adopt the International Energy Conservation Code as | ||||||
11 | the minimum and maximum requirements for residential | ||||||
12 | buildings, applying to the construction of all residential | ||||||
13 | buildings in the State, except as provided for in Section 45 of | ||||||
14 | this Act. The Board may
appropriately adapt the International | ||||||
15 | Energy Conservation Code and the International Green | ||||||
16 | Construction Code, to apply to the
particular economy, | ||||||
17 | population distribution, geography, and climate of the
State | ||||||
18 | and construction therein, consistent with the public policy
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19 | objectives of this Act.
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20 | (Source: P.A. 96-778, eff. 8-28-09.)
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21 | (20 ILCS 3125/20)
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22 | Sec. 20. Applicability.
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23 | (a) The Board shall review and adopt the International | ||||||
24 | Energy Conservation Code and the International Green |
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1 | Construction Code within one year after their its publication. | ||||||
2 | The Codes Code shall take effect within 6 months after they are | ||||||
3 | it is adopted by the Board, except that, beginning January 1, | ||||||
4 | 2012, the International Energy Conservation Code adopted in | ||||||
5 | 2012 shall take effect on January 1, 2013. Except as otherwise | ||||||
6 | provided in this Act, the Code shall apply
to (i) any new | ||||||
7 | building or structure in this State for which a building permit
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8 | application is received by a municipality or county and (ii) | ||||||
9 | beginning on the effective date of this amendatory Act of the | ||||||
10 | 100th General Assembly, each State facility specified in | ||||||
11 | Section 4.01 of the Capital Development Board Act.
In the case | ||||||
12 | of any addition, alteration, renovation, or repair to an | ||||||
13 | existing commercial structure, the Green Code adopted under | ||||||
14 | this Act applies only to the portions of that structure that | ||||||
15 | are being added, altered, renovated, or repaired. The changes | ||||||
16 | made to this Section by Public Act 97-1033 this amendatory Act | ||||||
17 | of the 97th General Assembly shall in no way invalidate or | ||||||
18 | otherwise affect contracts entered into on or before August 17, | ||||||
19 | 2012 ( the effective date of Public Act 97-1033) this amendatory | ||||||
20 | Act of the 97th General Assembly . The changes made to this | ||||||
21 | Section by this amendatory Act of the 100th General Assembly | ||||||
22 | shall in no way invalidate or otherwise affect contracts | ||||||
23 | entered into on or before the effective date of this amendatory | ||||||
24 | Act of the 100th General Assembly.
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25 | (b) The following buildings shall be exempt from
the Green | ||||||
26 | Code , or portions thereof as set forth below :
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1 | (1) Buildings otherwise exempt from the provisions of a | ||||||
2 | locally adopted
building code are exempt from the Green | ||||||
3 | Code. Buildings and buildings that do not contain a | ||||||
4 | conditioned space are exempt from the International Energy | ||||||
5 | Conservation Code .
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6 | (2) Buildings that do not use either electricity or | ||||||
7 | fossil fuel for
comfort
conditioning are exempt from the | ||||||
8 | International Energy Conservation Code . For purposes of | ||||||
9 | determining whether this exemption applies, a
building | ||||||
10 | will be presumed to be heated by electricity, even in the | ||||||
11 | absence of
equipment used for electric comfort heating, | ||||||
12 | whenever the building is provided
with electrical service | ||||||
13 | in excess of 100 amps, unless the code enforcement
official | ||||||
14 | determines that this electrical service is necessary for | ||||||
15 | purposes
other than providing electric comfort heating.
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16 | (3) Historic buildings are exempt from the Green Code . | ||||||
17 | This exemption shall apply to those buildings
that
are | ||||||
18 | listed on the National Register of Historic Places or the | ||||||
19 | Illinois
Register of Historic Places, and to those | ||||||
20 | buildings that have been designated
as historically | ||||||
21 | significant by a local governing body that is authorized to
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22 | make such designations.
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23 | (4) (Blank). | ||||||
24 | (5) Other buildings specified as exempt by the | ||||||
25 | International Energy Conservation Code or the | ||||||
26 | International Green Construction Code .
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1 | (c) Additions, alterations, renovations, or repairs to an | ||||||
2 | existing building, building system, or portion thereof shall | ||||||
3 | conform to the provisions of the Green Code as they relate to | ||||||
4 | new construction without requiring the unaltered portion of the | ||||||
5 | existing building or building system to comply with the Code. | ||||||
6 | The following need not comply with the International Energy | ||||||
7 | Conservation Code, provided that the energy use of the building | ||||||
8 | is not increased: (i) storm windows installed over existing | ||||||
9 | fenestration, (ii) glass-only replacements in an existing sash | ||||||
10 | and frame, (iii) existing ceiling, wall, or floor cavities | ||||||
11 | exposed during construction, provided that these cavities are | ||||||
12 | filled with insulation, and (iv) construction where the | ||||||
13 | existing roof, wall, or floor is not exposed. | ||||||
14 | (d) A unit of local government that does not regulate | ||||||
15 | energy efficient building or green construction standards is | ||||||
16 | not required to adopt, enforce, or administer the Green Code; | ||||||
17 | however, any energy efficient building or green construction | ||||||
18 | standards adopted by a unit of local government must comply | ||||||
19 | with this Act. If a unit of local government does not regulate | ||||||
20 | energy efficient building or green construction standards, any | ||||||
21 | construction, renovation, or addition to buildings or | ||||||
22 | structures is subject to the provisions contained in this Act. | ||||||
23 | (Source: P.A. 100-729, eff. 8-3-18.)
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24 | (20 ILCS 3125/25)
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25 | Sec. 25. Technical assistance.
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1 | (a) The Department shall make available to builders, | ||||||
2 | designers, engineers, and
architects implementation materials | ||||||
3 | and training to explain the requirements of the Green
Code and | ||||||
4 | describe methods of compliance
acceptable to Green Code | ||||||
5 | Enforcement Officials.
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6 | (b) The materials shall include software tools, simplified | ||||||
7 | prescriptive
options, and other materials as appropriate. The | ||||||
8 | simplified materials shall be
designed for projects in which a | ||||||
9 | design professional may not be involved.
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10 | (c) The Department shall provide local jurisdictions with | ||||||
11 | technical assistance
concerning implementation and enforcement | ||||||
12 | of the Green
Code.
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13 | (Source: P.A. 97-1033, eff. 8-17-12.)
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14 | (20 ILCS 3125/30)
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15 | Sec. 30. Enforcement. The
Board, in consultation with the | ||||||
16 | Department, shall
determine
procedures for compliance with the | ||||||
17 | Green Code. These procedures
may include but need not be
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18 | limited to certification by a national, State, or local | ||||||
19 | accredited energy
conservation or green construction program | ||||||
20 | or inspections from private Code-certified inspectors
using | ||||||
21 | the Green Code.
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22 | (Source: P.A. 93-936, eff. 8-13-04.)
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23 | (20 ILCS 3125/40)
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24 | Sec. 40. Input from interested parties. When
developing |
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1 | Green Code adaptations, rules, and procedures for
compliance | ||||||
2 | with the Green Code, the Capital Development Board
shall seek | ||||||
3 | input from representatives from the building
trades, design | ||||||
4 | professionals, construction professionals,
code | ||||||
5 | administrators, and other interested entities affected.
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6 | (Source: P.A. 99-639, eff. 7-28-16.)
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7 | (20 ILCS 3125/45)
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8 | Sec. 45. Home rule. | ||||||
9 | (a)
No unit of local government, including any home rule | ||||||
10 | unit, may regulate energy efficient building or green | ||||||
11 | construction standards for commercial buildings in a manner | ||||||
12 | that is less stringent than the provisions contained in this | ||||||
13 | Act.
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14 | (b) No unit of local government, including any home rule | ||||||
15 | unit, may regulate energy efficient building standards for | ||||||
16 | residential buildings in a manner that is either less or more | ||||||
17 | stringent than the standards established pursuant to this Act; | ||||||
18 | provided, however, that the following entities may regulate | ||||||
19 | energy efficient building standards for residential buildings | ||||||
20 | in a manner that is more stringent than the provisions | ||||||
21 | contained in this Act: (i) a unit of local government, | ||||||
22 | including a home rule unit, that has, on or before May 15, | ||||||
23 | 2009, adopted or incorporated by reference energy efficient | ||||||
24 | building standards for residential buildings that are | ||||||
25 | equivalent to or more stringent than the 2006 International |
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1 | Energy Conservation Code, (ii) a unit of local government, | ||||||
2 | including a home rule unit, that has, on or before May 15, | ||||||
3 | 2009, provided to the Capital Development Board, as required by | ||||||
4 | Section 10.18 of the Capital Development Board Act, an | ||||||
5 | identification of an energy efficient building code or | ||||||
6 | amendment that is equivalent to or more stringent than the 2006 | ||||||
7 | International Energy Conservation Code, and (iii) a | ||||||
8 | municipality with a population of 1,000,000 or more. | ||||||
9 | (c) No unit of local government, including any home rule | ||||||
10 | unit or unit of local government that is subject to State | ||||||
11 | regulation under the Green Code as provided in Section 15 of | ||||||
12 | this Act, may hereafter enact any annexation ordinance or | ||||||
13 | resolution, or require or enter into any annexation agreement, | ||||||
14 | that imposes energy efficient building or green construction | ||||||
15 | standards for residential buildings that are either less or | ||||||
16 | more stringent than the energy efficiency or green construction | ||||||
17 | standards in effect, at the time of construction, throughout | ||||||
18 | the unit of local government. | ||||||
19 | (d) This Section is a denial
and limitation
of home rule | ||||||
20 | powers and functions under subsection (i) of Section 6
of | ||||||
21 | Article VII of the Illinois Constitution on the concurrent | ||||||
22 | exercise by home rule units of powers and functions exercised | ||||||
23 | by the State.
Nothing in this Section, however, prevents a unit | ||||||
24 | of local government from adopting an energy efficiency or green | ||||||
25 | construction code or standards for commercial buildings that | ||||||
26 | are more stringent than the Green Code under this Act.
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1 | (Source: P.A. 99-639, eff. 7-28-16.)".
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