HB4887 104TH GENERAL ASSEMBLY

LRB104 18115 HLH 31554 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4887

Introduced , by Rep. Barbara Hernandez

SYNOPSIS AS INTRODUCED:

20 ILCS 3125/15.1 new
765 ILCS 77/42 new

Amends the Energy Efficient Building Act. Provides that each builder who completes construction on a newly constructed residential building in the State shall cause an energy audit to be completed on the building resulting in a Home Energy Rating System (HERS) Index Score. Amends the Residential Real Property Disclosure Act. Provides that, subject to certain exceptions, prior to the transfer of title of a dwelling, the seller shall obtain an energy audit resulting in a Home Energy Rating System (HERS) Index Score of the dwelling. Effective immediately.

A BILL FOR

AN ACT concerning property.

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

Section 5. The Energy Efficient Building Act is amended by adding Section 15.1 as follows:

(20 ILCS 3125/15.1 new)

Sec. 15.1. Required energy audits.

(a) This Section applies to all newly constructed residential buildings in the State, including single-family dwellings, duplexes, townhomes, and multifamily residential buildings with up to 4 dwelling units, for which a building permit is issued on or after January 1, 2027.

(b) Each builder who completes construction on a building that is subject to this Section shall cause an energy audit to be completed on the building resulting in a Home Energy Rating System (HERS) Index Score.

(c) The energy audit shall:

(1) be conducted by a RESNET-certified Home Energy Rater;

(2) include on-site diagnostic testing, including blower door testing and duct leakage testing, consistent with ANSI/RESNET/ICC standards; and

(3) produce a final HERS Index Score and compliance report.

(d) The final HERS compliance report shall be submitted to the local building official as a condition of issuance of a Certificate of Occupancy. The HERS score, date, and full energy audit details shall be disclosed in the building sale summary report, printed in at least 12-point font, and shall be available to the building owner in an electronic version. The HERS score and date must be posted in the building on the electrical panel.

(e) A builder who fails to comply with this Section may be subject to a civil penalty not to exceed $5,000 per violation. Failure to comply with the provisions of this Section shall invalidate an otherwise lawful transfer of property.

(f) The Capital Development Board shall adopt rules necessary to implement this Section, including provisions for exemptions for historic buildings and emergency construction.

(g) Nothing in this Section shall preempt a unit of local government from adopting more stringent energy audit or disclosure requirements, provided those requirements are consistent with this Section.

Section 10. The Residential Real Property Disclosure Act is amended by adding Section 42 as follows:

(765 ILCS 77/42 new)

Sec. 42. Energy audit required.

(a) Except as otherwise provided in this Section, prior to the transfer of title of a dwelling, the seller shall obtain an energy audit resulting in a Home Energy Rating System (HERS) Index Score of the dwelling.

(b) The energy audit shall:

(1) be conducted by a RESNET-certified Home Energy Rater;

(2) include on-site diagnostic testing, including blower door testing and duct leakage testing, consistent with ANSI/RESNET/ICC standards; and

(3) produce a final HERS Index Score and compliance report.

(c) The seller shall provide to the prospective buyer:

(1) the dwelling's HERS Index score; and

(2) a copy of the full energy audit report, which shall be provided to the buyer no later than 10 business days prior to closing or prior to execution of a purchase agreement, whichever occurs first.

In addition, the HERS score and date shall be posted in the dwelling on the electrical panel.

(d) The Department of Financial and Professional Regulation shall develop a standardized disclosure form to accompany the audit report.

(e) This Section does not apply to:

(1) newly constructed dwellings that have complied with Section 15.1 of the Energy Efficient Building Act within the 24 months immediately preceding the date of the transfer;

(2) transfers pursuant to foreclosure, deeds in lieu of foreclosure, or court order;

(3) transfers between family members without consideration;

(4) transfers in the administration of a probate estate; and

(5) quitclaim deeds executed pursuant to a marital settlement agreement incorporated into a judgment of dissolution of marriage.

(f) A seller who fails to comply with this Section may be subject to a civil penalty not to exceed $5,000 per violation. Failure to comply shall invalidate an otherwise lawful transfer of property.

(g) Nothing in this Section shall preempt a unit of local government from adopting more stringent energy audit or disclosure requirements, provided those requirements are consistent with this Section.

(h) As used in this Section:

"Dwelling" means a residential building containing one to 4 dwelling units.

"Energy audit" means a residential energy performance evaluation conducted by a RESNET-certified Home Energy Rater, resulting in a HERS Index Score.

"Seller" means the owner of record of a dwelling offered for sale.

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