Expanding Local Authority: The Illinois Stretch Energy Code
The amendment offers counties a new regulatory mechanism regarding building standards. In modifying the Energy Efficient Building Act, the legislation expands the availability of the Illinois Stretch Energy Code to include county governments.
Under current statutes, only municipalities are permitted to adopt this more rigid, highly efficient model energy code. HB 1700 alters this framework to allow any county to formally opt into the Stretch Code. Once adopted by a county board, it replaces the standard Illinois Energy Conservation Code within the county’s building code jurisdiction (primarily governing unincorporated areas). This provision represents an optional expansion of home-rule style authority, giving county leaders a new mechanism to mandate advanced energy-efficiency standards if aligned with local community goals.
Restricting Local Control: Bypassing County Zoning for Renewable Siting
While the building code change adds an optional tool to the county toolkit, a separate provision amending the Public Utilities Act curbs local authority regarding the resolution of disputes over "Qualified Energy Facilities" (large-scale wind, solar, and energy storage infrastructure).
The amendment sharpens the enforcement mechanisms available to the Illinois Commerce Commission (ICC). In cases where local units of government and facility developers reach an impasse, the ICC is given direct authority to override local decisions and issue a state siting certificate. For the state to bypass a county, the ICC must determine that the project meets baseline state law and that the respondent county has executed one of the following actions:
- Outright Denial: The county has formally denied the developer a local siting certificate or zoning approval.
- Procedural Inaction: The county has failed or declined to issue a siting certificate or render a decision in a "timely manner".
The Core Impact for County Boards: This change effectively removes a county's ability to stall or pocket-veto state-compliant renewable energy and storage projects through prolonged local zoning delays. If a project checks all the state-level regulatory boxes, local denials can be swiftly appealed by developers and overturned at the state level via the ICC.
ISACo continues to monitor the progression of HB 1700 (SFA 0002) as it moves through the legislative process. County officials should review how these changes align with existing local wind and solar zoning ordinances, as well as the potential administrative implications if their county board chooses to explore the newly available Stretch Energy Code standard.