Rep. Julie Hamos

Filed: 3/18/2009





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2     AMENDMENT NO. ______. Amend House Bill 3987 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Energy Efficient Commercial Building Act is
5 amended by changing Sections 1, 5, 10, 15, 20, and 45 as
6 follows:
7     (20 ILCS 3125/1)
8     Sec. 1. Short title. This Act may be cited as the Energy
9 Efficient Commercial Building Act.
10 (Source: P.A. 93-936, eff. 8-13-04.)
11     (20 ILCS 3125/5)
12     Sec. 5. Findings.
13     (a) The legislature finds that an effective energy
14 efficient commercial building code is essential to:
15         (1) reduce the air pollutant emissions from energy



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1     consumption that are affecting the health of residents of
2     this State;
3         (2) moderate future peak electric power demand;
4         (3) assure the reliability of the electrical grid and
5     an adequate supply of heating oil and natural gas; and
6         (4) control energy costs for residents and businesses
7     in this State.
8     (b) The legislature further finds that this State has a
9 number of different climate types, all of which require energy
10 for both cooling and heating, and that there are many
11 cost-effective measures that can reduce peak energy use and
12 reduce cooling, heating, lighting, and other energy costs in
13 commercial buildings.
14 (Source: P.A. 93-936, eff. 8-13-04.)
15     (20 ILCS 3125/10)
16     Sec. 10. Definitions.
17     "Board" means the Capital Development Board.
18     "Building" includes both residential buildings and
19 commercial buildings.
20     "Code" means the latest published edition of the
21 International Code Council's International Energy Conservation
22 Code, excluding published supplements but including the
23 adaptations to the Code that are made by the Board.
24     "Commercial building" means any building except a building
25 that is a residential building, as defined in this Section.



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1     "Department" means the Department of Commerce and Economic
2 Opportunity.
3     "Municipality" means any city, village, or incorporated
4 town.
5     "Residential building" means a building containing one or
6 more dwelling units, not exceeding 4 stories above grade, where
7 occupants are primarily permanent. (i) a detached one-family or
8 2-family dwelling or (ii) any building that is 3 stories or
9 less in height above grade that contains multiple dwelling
10 units, in which the occupants reside on a primarily permanent
11 basis, such as a townhouse, a row house, an apartment house, a
12 convent, a monastery, a rectory, a fraternity or sorority
13 house, a dormitory, and a rooming house.
14 (Source: P.A. 93-936, eff. 8-13-04; 94-815, eff. 5-26-06.)
15     (20 ILCS 3125/15)
16     Sec. 15. Energy Efficient Building Code. The Board, in
17 consultation with the Department, shall adopt the Code as
18 minimum requirements for commercial buildings, applying to the
19 construction of, renovations to, and additions to all
20 commercial buildings in the State. The Board, in consultation
21 with the Department, shall also adopt the Code as the minimum
22 and maximum requirements for residential buildings, applying
23 to the construction of all residential buildings in the State.
24 The Board may appropriately adapt the International Energy
25 Conservation Code to apply to the particular economy,



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1 population distribution, geography, and climate of the State
2 and construction therein, consistent with the public policy
3 objectives of this Act.
4 (Source: P.A. 93-936, eff. 8-13-04.)
5     (20 ILCS 3125/20)
6     Sec. 20. Applicability.
7     (a) The Board shall adopt the Code within 6 months after
8 its publication. The Code shall take effect within 3 months one
9 year after it is adopted by the Board and shall apply to any
10 new commercial building or structure in this State for which a
11 building permit application is received by a municipality or
12 county, except as otherwise provided by this Act. In the case
13 of any addition, alteration, renovation, or repair to an
14 existing commercial structure, the Code adopted under this Act
15 applies only to the portions of that structure that are being
16 added, altered, renovated, or repaired.
17     (b) The following buildings shall be exempt from the Code:
18         (1) Buildings otherwise exempt from the provisions of a
19     locally adopted building code and buildings that do not
20     contain a conditioned space.
21         (2) Buildings that do not use either electricity or
22     fossil fuel for comfort conditioning. For purposes of
23     determining whether this exemption applies, a building
24     will be presumed to be heated by electricity, even in the
25     absence of equipment used for electric comfort heating,



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1     whenever the building is provided with electrical service
2     in excess of 100 amps, unless the code enforcement official
3     determines that this electrical service is necessary for
4     purposes other than providing electric comfort heating.
5         (3) Historic buildings. This exemption shall apply to
6     those buildings that are listed on the National Register of
7     Historic Places or the Illinois Register of Historic
8     Places, and to those buildings that have been designated as
9     historically significant by a local governing body that is
10     authorized to make such designations.
11         (4) (Blank). Residential buildings.
12         (5) Other buildings specified as exempt by the
13     International Energy Conservation Code.
14     (c) Additions, alterations, renovations, or repairs to an
15 existing building, building system, or portion thereof shall
16 conform to the provisions of the Code as they relate to new
17 construction without requiring the unaltered portion of the
18 existing building or building system to comply with the Code.
19 The following need not comply with the Code, provided that the
20 energy use of the building is not increased: (i) storm windows
21 installed over existing fenestration, (ii) glass-only
22 replacements in an existing sash and frame, (iii) existing
23 ceiling, wall, or floor cavities exposed during construction,
24 provided that these cavities are filled with insulation, and
25 (iv) construction where the existing roof, wall, or floor is
26 not exposed.



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1     (d) A unit of local government that does not regulate
2 energy efficient building standards is not required to adopt,
3 enforce, or administer the Code; however, any energy efficient
4 building standards adopted by a unit of local government must
5 comply with this Act. If a unit of local government does not
6 regulate energy efficient building standards, any
7 construction, renovation, or addition to buildings or
8 structures is subject to the provisions contained in this Act.
9 (Source: P.A. 93-936, eff. 8-13-04.)
10     (20 ILCS 3125/45)
11     Sec. 45. Home rule. Except as otherwise provided in this
12 Section, no No unit of local government, including any home
13 rule unit, may regulate energy efficient building standards for
14 commercial buildings in a manner that is less stringent than
15 the provisions contained in this Act.
16     Except as otherwise provided in this Section, no unit of
17 local government, including any home rule unit, may regulate
18 energy efficient building standards for residential buildings
19 in a manner that is either less or more stringent than the
20 standards established pursuant to this Act.
21     Except as otherwise provided in this Section, no unit of
22 local government, including any home rule unit, may hereafter
23 enact any annexation ordinance or resolution, or require or
24 enter into any annexation agreement, that imposes energy
25 efficiency building standards for residential buildings that



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1 are either less or more stringent than the energy efficiency
2 standards in effect throughout the unit of local government,
3 including a unit of local government that is subject to State
4 regulation under the Code as provided in Section 15 of this
5 Act, at the time of construction.
6     Any unit of local government that has adopted, on or before
7 the effective date of this amendatory Act of the 96th General
8 Assembly, efficiency standards at least as stringent as the
9 2006 International Energy Conservation Code may continue to
10 regulate energy efficient building standards under that Code.
11     This Section is a denial and limitation of home rule powers
12 and functions under subsection (i) of Section 6 of Article VII
13 of the Illinois Constitution on the concurrent exercise by home
14 rule units of powers and functions exercised by the State.
15 Nothing in this Section, however, prevents a unit of local
16 government from adopting an energy efficiency code or standards
17 for commercial buildings that are more stringent than the Code
18 under this Act.
19 (Source: P.A. 93-936, eff. 8-13-04.)
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.".