State of Illinois
2015 and 2016


Introduced , by Rep. Emily McAsey


20 ILCS 3125/1
20 ILCS 3125/5
20 ILCS 3125/10
20 ILCS 3125/15
20 ILCS 3125/20
20 ILCS 3125/25
20 ILCS 3125/30
20 ILCS 3125/40
20 ILCS 3125/45

    Amends the Energy Efficient Building Act. Renames it as the "Energy Efficient Building and Green Construction Act". Provides findings as they relate to green construction. Defines "Green Code". Provides exemptions and applicability of the Green Code. Makes related changes. Effective immediately.

LRB099 11070 SXM 31671 b






HB3541LRB099 11070 SXM 31671 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Energy Efficient Building Act is amended by
5changing Sections 1, 5, 10, 15, 20, 25, 30, 35, 40, and 45 as
7    (20 ILCS 3125/1)
8    Sec. 1. Short title. This Act may be cited as the Energy
9Efficient Building and Green Construction Act.
10(Source: P.A. 96-778, eff. 8-28-09.)
11    (20 ILCS 3125/5)
12    Sec. 5. Findings.
13    (a) The legislature finds that an effective energy
14efficient building and green construction code is essential to:
15        (1) reduce the air pollutant emissions from energy
16    consumption that are affecting the health of residents of
17    this State;
18        (2) moderate future peak electric power demand;
19        (3) assure the reliability of the electrical grid and
20    an adequate supply of heating oil and natural gas; and
21        (4) control energy costs for residents and businesses
22    in this State; .



HB3541- 2 -LRB099 11070 SXM 31671 b

1        (5) ensure clean water, reduced flooding, and enhanced
2    water supplies;
3        (6) provide for mitigation and adaptation to the
4    impacts of climate change;
5        (7) benefit both wildlife habitat and community
6    health; and
7        (8) create green jobs and cost savings.
8    (b) The legislature further finds that this State has a
9number of different climate types, all of which require energy
10for both cooling and heating, and that there are many
11cost-effective measures that can reduce peak energy use and
12reduce cooling, heating, lighting, and other energy costs in
14(Source: P.A. 96-778, eff. 8-28-09.)
15    (20 ILCS 3125/10)
16    Sec. 10. Definitions.
17    "Board" means the Capital Development Board.
18    "Building" includes both residential buildings and
19commercial buildings.
20    "Green Code" means the latest published editions edition of
21the International Code Council's International Energy
22Conservation Code and International Green Construction Code,
23as adopted by the Board, excluding published supplements but
24including the amendments and adaptations to either the Code
25that are made by the Board.



HB3541- 3 -LRB099 11070 SXM 31671 b

1    "Commercial building" means any building except a building
2that is a residential building, as defined in this Section.
3    "Department" means the Department of Commerce and Economic
5    "Municipality" means any city, village, or incorporated
7    "Residential building" means (i) a detached one-family or
82-family dwelling or (ii) any building that is 3 stories or
9less in height above grade that contains multiple dwelling
10units, in which the occupants reside on a primarily permanent
11basis, such as a townhouse, a row house, an apartment house, a
12convent, a monastery, a rectory, a fraternity or sorority
13house, a dormitory, and a rooming house; provided, however,
14that when applied to a building located within the boundaries
15of a municipality having a population of 1,000,000 or more, the
16term "residential building" means a building containing one or
17more dwelling units, not exceeding 4 stories above grade, where
18occupants are primarily permanent.
19(Source: P.A. 96-778, eff. 8-28-09; 97-1033, eff. 8-17-12.)
20    (20 ILCS 3125/15)
21    Sec. 15. Green Energy Efficient Building Code. The Board,
22in consultation with the Department, shall adopt the
23International Energy Conservation Code and the International
24Green Construction Code, Code as minimum requirements for
25commercial buildings, applying to the construction of,



HB3541- 4 -LRB099 11070 SXM 31671 b

1renovations to, and additions to all commercial buildings in
2the State. The Board, in consultation with the Department,
3shall also adopt the International Energy Conservation Code as
4the minimum and maximum requirements for residential
5buildings, applying to the construction of all residential
6buildings in the State, except as provided for in Section 45 of
7this Act. The Board may appropriately adapt the International
8Energy Conservation Code and the International Green
9Construction Code, to apply to the particular economy,
10population distribution, geography, and climate of the State
11and construction therein, consistent with the public policy
12objectives of this Act.
13(Source: P.A. 96-778, eff. 8-28-09.)
14    (20 ILCS 3125/20)
15    Sec. 20. Applicability.
16    (a) The Board shall review and adopt the International
17Energy Conservation Code and the International Green
18Construction Code within one year after their its publication.
19The Codes Code shall take effect within 6 months after they are
20it is adopted by the Board, except that, beginning January 1,
212012, the International Energy Conservation Code adopted in
222012 shall take effect on January 1, 2013, and shall apply to
23any new building or structure in this State for which a
24building permit application is received by a municipality or
25county, except as otherwise provided by this Act. In the case



HB3541- 5 -LRB099 11070 SXM 31671 b

1of any addition, alteration, renovation, or repair to an
2existing commercial structure, the Green Code adopted under
3this Act applies only to the portions of that structure that
4are being added, altered, renovated, or repaired. The changes
5made to this Section by Public Act 97-1033 this amendatory Act
6of the 97th General Assembly shall in no way invalidate or
7otherwise affect contracts entered into on or before August 17,
82012 (the effective date of Public Act 97-1033) this amendatory
9Act of the 97th General Assembly. The changes made to this
10Section by this amendatory Act of the 99th General Assembly
11shall in no way invalidate or otherwise affect contracts
12entered into on or before the effective date of this amendatory
13Act of the 99th General Assembly.
14    (b) The following buildings shall be exempt from the Green
15Code, or portions thereof as set forth below:
16        (1) Buildings otherwise exempt from the provisions of a
17    locally adopted building code are exempt from the Green
18    Code. Buildings and buildings that do not contain a
19    conditioned space are exempt from the International Energy
20    Conservation Code.
21        (2) Buildings that do not use either electricity or
22    fossil fuel for comfort conditioning are exempt from the
23    International Energy Conservation Code. For purposes of
24    determining whether this exemption applies, a building
25    will be presumed to be heated by electricity, even in the
26    absence of equipment used for electric comfort heating,



HB3541- 6 -LRB099 11070 SXM 31671 b

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 are exempt from the Green Code.
6    This exemption shall apply to those buildings that are
7    listed on the National Register of Historic Places or the
8    Illinois Register of Historic Places, and to those
9    buildings that have been designated as historically
10    significant by a local governing body that is authorized to
11    make such designations.
12        (4) (Blank).
13        (5) Other buildings specified as exempt by the
14    International Energy Conservation Code or the
15    International Green Construction Code.
16    (c) Additions, alterations, renovations, or repairs to an
17existing building, building system, or portion thereof shall
18conform to the provisions of the Green Code as they relate to
19new construction without requiring the unaltered portion of the
20existing building or building system to comply with the Green
21Code. The following need not comply with the International
22Energy Conservation Code, provided that the energy use of the
23building is not increased: (i) storm windows installed over
24existing fenestration, (ii) glass-only replacements in an
25existing sash and frame, (iii) existing ceiling, wall, or floor
26cavities exposed during construction, provided that these



HB3541- 7 -LRB099 11070 SXM 31671 b

1cavities are filled with insulation, and (iv) construction
2where the existing roof, wall, or floor is not exposed.
3    (d) A unit of local government that does not regulate
4energy efficient building or green construction standards is
5not required to adopt, enforce, or administer the Green Code;
6however, any energy efficient building or green construction
7standards adopted by a unit of local government must comply
8with this Act. If a unit of local government does not regulate
9energy efficient building or green construction standards, any
10construction, renovation, or addition to buildings or
11structures is subject to the provisions contained in this Act.
12(Source: P.A. 96-778, eff. 8-28-09; 97-1033, eff. 8-17-12.)
13    (20 ILCS 3125/25)
14    Sec. 25. Technical assistance.
15    (a) The Department shall make available to builders,
16designers, engineers, and architects implementation materials
17and training to explain the requirements of the Green Code and
18describe methods of compliance acceptable to Green Code
19Enforcement Officials.
20    (b) The materials shall include software tools, simplified
21prescriptive options, and other materials as appropriate. The
22simplified materials shall be designed for projects in which a
23design professional may not be involved.
24    (c) The Department shall provide local jurisdictions with
25technical assistance concerning implementation and enforcement



HB3541- 8 -LRB099 11070 SXM 31671 b

1of the Green Code.
2(Source: P.A. 97-1033, eff. 8-17-12.)
3    (20 ILCS 3125/30)
4    Sec. 30. Enforcement. The Board, in consultation with the
5Department, shall determine procedures for compliance with the
6Green Code. These procedures may include but need not be
7limited to certification by a national, State, or local
8accredited energy conservation or green construction program
9or inspections from private Code-certified inspectors using
10the Green Code.
11(Source: P.A. 93-936, eff. 8-13-04.)
12    (20 ILCS 3125/40)
13    Sec. 40. Input from interested parties. When developing
14Green Code adaptations, rules, and procedures for compliance
15with the Green Code, the Capital Development Board, or the
16Illinois Building Commission as directed by the Board, shall
17seek input from representatives from the building trades,
18design professionals, construction professionals, code
19administrators, and other interested entities affected.
20(Source: P.A. 93-936, eff. 8-13-04.)
21    (20 ILCS 3125/45)
22    Sec. 45. Home rule.
23    (a) No unit of local government, including any home rule



HB3541- 9 -LRB099 11070 SXM 31671 b

1unit, may regulate energy efficient building or green
2construction standards for commercial buildings in a manner
3that is less stringent than the provisions contained in this
5    (b) No unit of local government, including any home rule
6unit, may regulate energy efficient building standards for
7residential buildings in a manner that is either less or more
8stringent than the standards established pursuant to this Act;
9provided, however, that the following entities may regulate
10energy efficient building standards for residential buildings
11in a manner that is more stringent than the provisions
12contained in this Act: (i) a unit of local government,
13including a home rule unit, that has, on or before May 15,
142009, adopted or incorporated by reference energy efficient
15building standards for residential buildings that are
16equivalent to or more stringent than the 2006 International
17Energy Conservation Code, (ii) a unit of local government,
18including a home rule unit, that has, on or before May 15,
192009, provided to the Capital Development Board, as required by
20Section 55 of the Illinois Building Commission Act, an
21identification of an energy efficient building code or
22amendment that is equivalent to or more stringent than the 2006
23International Energy Conservation Code, and (iii) a
24municipality with a population of 1,000,000 or more.
25    (c) No unit of local government, including any home rule
26unit or unit of local government that is subject to State



HB3541- 10 -LRB099 11070 SXM 31671 b

1regulation under the Green Code as provided in Section 15 of
2this Act, may hereafter enact any annexation ordinance or
3resolution, or require or enter into any annexation agreement,
4that imposes energy efficient building or green construction
5standards for residential buildings that are either less or
6more stringent than the energy efficiency or green construction
7standards in effect, at the time of construction, throughout
8the unit of local government.
9    (d) This Section is a denial and limitation of home rule
10powers and functions under subsection (i) of Section 6 of
11Article VII of the Illinois Constitution on the concurrent
12exercise by home rule units of powers and functions exercised
13by the State. Nothing in this Section, however, prevents a unit
14of local government from adopting an energy efficiency or green
15construction code or standards for commercial buildings that
16are more stringent than the Green Code under this Act.
17(Source: P.A. 96-778, eff. 8-28-09.)
18    Section 99. Effective date. This Act takes effect upon
19becoming law.