Illinois Compiled Statutes
Chapter 20 - EXECUTIVE BRANCH
20 ILCS 3125/ - Energy Efficient Building Act.

(20 ILCS 3125/1)
Sec. 1. Short title. This Act may be cited as the Energy
Efficient Building 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 code
is essential to:
(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.
"Agency" means the Environmental Protection Agency.
"Board" means the Capital Development Board.
"Building" includes both residential buildings and commercial buildings.
"Code" means the latest published edition of the International Code Council's International Energy Conservation Code as adopted by the Board, including any published supplements adopted by the Board and any amendments and adaptations to 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.
"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.
"Site energy index" means a scalar published by the Pacific Northwest National Laboratories representing the ratio of the site energy performance of an evaluated code compared to the site energy performance of the 2006 International Energy Conservation Code. A "site energy index" includes only conservation measures and excludes net energy credit for any on-site or off-site energy production.

(Source: P.A. 101-144, eff. 7-26-19; 102-444, eff. 8-20-21; 102-662, eff. 9-15-21; 102-813, eff. 5-13-22.)
 
(20 ILCS 3125/15)
Sec. 15. Energy Efficient Building Code. The Board, in consultation with the Agency, shall adopt the 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 Agency, shall also adopt the Code as the minimum and maximum requirements for residential buildings, applying to the construction of, renovations to, and additions to 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 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. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21; 102-813, eff. 5-13-22.)
 
(20 ILCS 3125/20)
Sec. 20. Applicability.
(a) The Board shall review and adopt the Code within one year after its publication. The Code shall take effect within 6 months after it is adopted by the Board, except that, beginning January 1, 2012, the 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 residential or commercial structure, the 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 this amendatory Act of the 97th 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 97th General Assembly.
(b) The following buildings shall be exempt from
the Code:
(c) Additions, alterations, renovations, or repairs to an existing building, building system, or portion thereof shall conform to the provisions of the 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 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 standards is not required to adopt, enforce, or administer the Code; however, any energy efficient building 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 standards, any construction, renovation, or addition to buildings or structures is subject to the provisions contained in this Act.
(Source: P.A. 102-662, eff. 9-15-21.)
 
(20 ILCS 3125/25)
Sec. 25. Technical assistance.
(a) The Agency shall make available to builders, designers, engineers, and
architects implementation materials and training to explain the requirements of the
Code and describe methods of compliance
acceptable to 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 Agency shall provide local jurisdictions with technical assistance
concerning implementation and enforcement of the
Code.



(Source: P.A. 102-444, eff. 8-20-21.)
 
(20 ILCS 3125/30)
Sec. 30. Enforcement. The
Board, in consultation with the Agency, shall
determine
procedures for compliance with the Code. These procedures
may include but need not be
limited to certification by a national, State, or local accredited energy
conservation program or inspections from private Code-certified inspectors
using the Code.
For purposes of the Illinois Stretch Energy Code under Section 55, the Board shall allow and encourage, as an alternative compliance mechanism, project certification by a nationally recognized nonprofit certification organization specializing in high-performance passive buildings and offering climate-specific building energy standards that require equal or better energy performance than the Illinois Stretch Energy Code.


(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21; 102-813, eff. 5-13-22.)
 
(20 ILCS 3125/35)
Sec. 35. Rules. The Board may adopt any rules that are necessary for the
furtherance of this Act.



(Source: P.A. 93-936, eff. 8-13-04.)
 
(20 ILCS 3125/40)
Sec. 40. Input from interested parties. When
developing Code adaptations, rules, and procedures for
compliance with the 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.
Any board or group that the Capital Development Board seeks input from must include the following:
(Source: P.A. 102-662, eff. 9-15-21.)
 
(20 ILCS 3125/45)
Sec. 45. Home rule.
(a)
(Blank).
(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 or commercial 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 or commercial buildings that are equivalent to or more stringent than the 2006 International 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, (ii-5) a municipality that has adopted the Illinois Stretch Energy 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 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 standards for residential or commercial buildings that are either less or more stringent than the energy efficiency standards in effect, at the time of construction, throughout the unit of local government, except for the Illinois Stretch Energy Code.
(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 code or standards for commercial buildings that are more stringent than the Code under this Act.
(e) A unit of local government requiring the Illinois Stretch Energy Code must do so with the adoption of the Code by its governing body.
(Source: P.A. 102-662, eff. 9-15-21.)
 
(20 ILCS 3125/50)
Sec. 50. Prohibition on grants. No member of an advisory council created as a result of this Act may receive State grants for teaching or administering continuing education concerning any recommendation or rule proposed by the advisory council.

(Source: P.A. 100-263, eff. 8-22-17.)
 
(20 ILCS 3125/55)
Sec. 55. Illinois Stretch Energy Code.
(a) The Board, in consultation with the Department, shall create and adopt the Illinois Stretch Energy Code, to allow municipalities and projects authorized or funded by the Board to achieve more energy efficiency in buildings than the Illinois Energy Conservation Code through a consistent pathway across the State. The Illinois Stretch Energy Code shall be available for adoption by any municipality and shall set
minimum energy efficiency requirements, taking the place of the Illinois Energy Conservation Code within any municipality that adopts the Illinois Stretch Energy Code.
(b) The Illinois Stretch Energy Code shall have separate components for commercial and residential buildings, which may be adopted by the municipality jointly or separately.
(c) The Illinois Stretch Energy Code shall apply to all projects to which an energy conservation code is applicable that are authorized or funded in any part by the Board after January 1, 2024.
(d) Development of the Illinois Stretch Energy Code shall be completed and available for adoption by municipalities by December 31, 2023.
(e) Consistent with the requirements under paragraph (2.5) of subsection (g) of Section 8-103B of the Public Utilities Act and under paragraph (2) of subsection (j) of Section 8-104 of the Public Utilities Act, municipalities may adopt the Illinois Stretch Energy Code and may use utility programs to support compliance with the Illinois Stretch Energy Code. The amount of savings from such utility efforts that may be counted toward achievement of their annual savings goals shall be based on reasonable estimates of the increase in savings resulting from the utility efforts, relative to reasonable approximations of what would have occurred absent the utility involvement.
(f) The Illinois Stretch Energy Code's residential components shall:
(g) The Illinois Stretch Energy Code's commercial components shall:
(h) The process for the creation of the Illinois Stretch Energy Code includes:
(Source: P.A. 102-662, eff. 9-15-21.)
 
(20 ILCS 3125/99)
Sec. 99. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 93-936, eff. 8-13-04.)

Structure Illinois Compiled Statutes