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Illinois General Assembly· SB 3037Governor Approved

DARK SKY ACT, the official text

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1   AN ACT concerning safety.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Energy Efficient Building Act is amended by

5 changing Sections 10 and 55 as follows:

6   (20 ILCS 3125/10)

7   Sec. 10. Definitions. In this Act:

8   "Agency" means the Environmental Protection Agency.

9   "ANSI/IES standards" has the meaning given to that term in

10 the Responsible Outdoor Lighting Control Act.

11  "Board" means the Capital Development Board.

12  "Building" includes both residential buildings and

13 commercial buildings.

14  "Code" means the latest published edition of the

15 International Code Council's International Energy Conservation

16 Code as adopted by the Board, including any published

17 supplements adopted by the Board and any amendments and

18 adaptations to the Code that are made by the Board.

19  "Commercial building" means any building except a building

20 that is a residential building, as defined in this Section.

21  "Light trespass" has the meaning given to that term in the

22 Responsible Outdoor Lighting Control Act.

23  "Lumen" has the meaning given to that term in the
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1 Responsible Outdoor Lighting Control Act.

2   "Luminaire" has the meaning given to that term in the

3 Responsible Outdoor Lighting Control Act.

4   "Lux" has the meaning given to that term in the

5 Responsible Outdoor Lighting Control Act.

6   "Municipality" means any city, village, or incorporated

7 town.

8   "Nadir" has the meaning given to that term in the

9 Responsible Outdoor Lighting Control Act.

10  "Residential building" means (i) a detached one-family or

11 2-family dwelling or (ii) any building that is 3 stories or

12 less in height above grade that contains multiple dwelling

13 units, in which the occupants reside on a primarily permanent

14 basis, such as a townhouse, a row house, an apartment house, a

15 convent, a monastery, a rectory, a fraternity or sorority

16 house, a dormitory, and a rooming house; provided, however,

17 that when applied to a building located within the boundaries

18 of a municipality having a population of 1,000,000 or more,

19 the term "residential building" means a building containing

20 one or more dwelling units, not exceeding 4 stories above

21 grade, where occupants are primarily permanent.

22  "Site energy index" means a scalar published by the

23 Pacific Northwest National Laboratories representing the ratio

24 of the site energy performance of an evaluated code compared

25 to the site energy performance of the 2006 International

26 Energy Conservation Code. A "site energy index" includes only
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1 conservation measures and excludes net energy credit for any
2 on-site or off-site energy production.
3 (Source: P.A. 101-144, eff. 7-26-19; 102-444, eff. 8-20-21;
4 102-662, eff. 9-15-21; 102-813, eff. 5-13-22; revised 7-7-25.)

5   (20 ILCS 3125/55)

6   Sec. 55. Illinois Stretch Energy Code.

7   (a) The Board, in consultation with the Agency, shall

8 create and adopt the Illinois Stretch Energy Code, to allow

9 municipalities and projects authorized or funded by the Board

10 to achieve more energy efficiency in buildings than the

11 Illinois Energy Conservation Code through a consistent pathway

12 across the State. The Illinois Stretch Energy Code shall be

13 available for adoption by any municipality and shall set

14 minimum energy efficiency requirements, taking the place of

15 the Illinois Energy Conservation Code within any municipality

16 that adopts the Illinois Stretch Energy Code.

17  (b) The Illinois Stretch Energy Code shall have separate

18 components for commercial and residential buildings, which may

19 be adopted by the municipality jointly or separately.

20  (c) The Illinois Stretch Energy Code shall apply to all

21 projects to which an energy conservation code is applicable

22 that are authorized or funded in any part by the Board after

23 July 1, 2024.

24  (d) Development of the Illinois Stretch Energy Code shall

25 be completed and available for adoption by municipalities by
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1 June 30, 2024.

2   (e) Consistent with the requirements under paragraph (2.5)

3 of subsection (g) of Section 8-103B of the Public Utilities

4 Act and under paragraph (2) of subsection (j) of Section 8-104

5 of the Public Utilities Act, municipalities may adopt the

6 Illinois Stretch Energy Code and may use utility programs to

7 support compliance with the Illinois Stretch Energy Code. The

8 amount of savings from such utility efforts that may be

9 counted toward achievement of their annual savings goals shall

10 be based on reasonable estimates of the increase in savings

11 resulting from the utility efforts, relative to reasonable

12 approximations of what would have occurred absent the utility

13 involvement.

14  (f) The Illinois Stretch Energy Code's residential

15 components shall:

16  (1) apply to residential buildings as defined under

17  Section 10;

18  (2) set performance targets using a site energy index

19  with reductions relative to the 2006 International Energy

20  Conservation Code; and

21  (3) include stretch energy codes with site energy

22  index standards and adoption dates as follows: by no later

23  than June 30, 2024, the Board shall create and adopt a

24  stretch energy code with a site energy index no greater

25  than 0.50 of the 2006 International Energy Conservation

26  Code; by no later than December 31, 2026, the Board shall
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1   create and adopt a stretch energy code with a site energy

2   index no greater than 0.40 of the 2006 International

3   Energy Conservation Code, unless the Board identifies

4   unanticipated burdens associated with the stretch energy

5   code adopted in 2023 or 2024, in which case the Board may

6   adopt a stretch energy code with a site energy index no

7   greater than 0.42 of the 2006 International Energy

8   Conservation Code, provided that the more relaxed standard

9   has a site energy index that is at least 0.05 more

10  restrictive than the 2024 International Energy

11  Conservation Code; by no later than December 31, 2029, the

12  Board shall create and adopt a stretch energy code with a

13  site energy index no greater than 0.33 of the 2006

14  International Energy Conservation Code, unless the Board

15  identifies unanticipated burdens associated with the

16  stretch energy code adopted in 2025, in which case the

17  Board may adopt a stretch energy code with a site energy

18  index no greater than 0.35 of the 2006 International

19  Energy Conservation Code, but only if that more relaxed

20  standard has a site energy index that is at least 0.05 more

21  restrictive than the 2027 International Energy

22  Conservation Code; and by no later than December 31, 2032,

23  the Board shall create and adopt a stretch energy code

24  with a site energy index no greater than 0.25 of the 2006

25  International Energy Conservation Code.

26  (g) The Illinois Stretch Energy Code's commercial
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1 components shall:

2   (1) apply to commercial buildings as defined under

3   Section 10;

4   (2) set performance targets using a site energy index

5   with reductions relative to the 2006 International Energy

6   Conservation Code; and

7   (3) include stretch energy codes with site energy

8   index standards and adoption dates as follows: by no later

9   than June 30, 2024, the Board shall create and adopt a

10  stretch energy code with a site energy index no greater

11  than 0.60 of the 2006 International Energy Conservation

12  Code; by no later than December 31, 2026, the Board shall

13  create and adopt a stretch energy code with a site energy

14  index no greater than 0.50 of the 2006 International

15  Energy Conservation Code; by no later than December 31,

16  2029, the Board shall create and adopt a stretch energy

17  code with a site energy index no greater than 0.44 of the

18  2006 International Energy Conservation Code; and by no

19  later than December 31, 2032, the Board shall create and

20  adopt a stretch energy code with a site energy index no

21  greater than 0.39 of the 2006 International Energy

22  Conservation Code; and .

23  (4) include stretch energy codes with ANSI/IES

24  standards and adoption dates, such that, by no later than

25  December 31, 2029, the Board shall create and adopt a

26  stretch energy code with:
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1        (A) outdoor lighting standards of no more than 25%

2   above ANSI/IES standards;

3        (B) light trespass from luminaire light sources

4   measuring no greater than 1.0 lux;

5        (C) luminaires emitting more than 1,000 lumens

6   emitting no more than 5% of their total lumen output

7   above 80 degrees from nadir; and

8        (D) maximum correlated color temperature of

9   outdoor luminaires of 3,000 Kelvin.

10  (h) The process for the creation of the Illinois Stretch

11 Energy Code includes:

12  (1) within 60 days after the effective date of this

13  amendatory Act of the 102nd General Assembly, the Capital

14  Development Board shall meet with the Illinois Energy Code

15  Advisory Council to advise and provide technical

16  assistance and recommendations to the Capital Development

17  Board for the Illinois Stretch Energy Code, which shall:

18       (A) advise the Capital Development Board on

19  creation of interim performance targets, code

20  requirements, and an implementation plan for the

21  Illinois Stretch Energy Code;

22       (B) recommend amendments to proposed rules issued

23  by the Capital Development Board;

24       (C) recommend complementary programs or policies;

25  and

26       (D) complete recommendations and development for
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1  the Illinois Stretch Energy Code elements and

2  requirements by December 31, 2023; and

3  (2) as As part of its deliberations, the Illinois

4  Energy Code Advisory Council shall actively solicit input

5  from other energy code stakeholders and interested

6  parties.

7 (Source: P.A. 103-4, eff. 5-31-23; 104-315, eff. 1-1-26.)
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