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Full Text of HB4887
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HB4887 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4887
Introduced , by Rep. Barbara Hernandez
SYNOPSIS AS INTRODUCED:
20 ILCS 3125/15.1 new
765 ILCS 77/42 new
Amends the Energy Efficient Building Act. Provides that each builder
who completes construction on a newly constructed residential building in
the State shall cause an energy audit to be completed on the building
resulting in a Home Energy Rating System (HERS) Index Score. Amends the
Residential Real Property Disclosure Act. Provides that, subject to
certain exceptions, prior to the transfer of title of a dwelling, the
seller shall obtain an energy audit resulting in a Home Energy Rating
System (HERS) Index Score of the dwelling. Effective immediately.
LRB104 18115 HLH 31554 b
A BILL FOR
HB4887
LRB104 18115 HLH 31554 b
1
AN ACT concerning property.
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
adding Section 15.1 as follows:
6
(20 ILCS 3125/15.1 new)
7
Sec. 15.1.
Required energy audits.
8
(a) This Section applies to all newly constructed
9
residential buildings in the State, including single-family
10
dwellings, duplexes, townhomes, and multifamily residential
11
buildings with up to 4 dwelling units, for which a building
12
permit is issued on or after January 1, 2027.
13
(b) Each builder who completes construction on a building
14
that is subject to this Section shall cause an energy audit to
15
be completed on the building resulting in a Home Energy Rating
16
System (HERS) Index Score.
17
(c) The energy audit shall:
18
(1) be conducted by a RESNET-certified Home Energy
19
Rater;
20
(2) include on-site diagnostic testing, including
21
blower door testing and duct leakage testing, consistent
22
with ANSI/RESNET/ICC standards; and
23
(3) produce a final HERS Index Score and compliance
HB4887
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LRB104 18115 HLH 31554 b
1
report.
2
(d) The final HERS compliance report shall be submitted to
3
the local building official as a condition of issuance of a
4
Certificate of Occupancy. The HERS score, date, and full
5
energy audit details shall be disclosed in the building sale
6
summary report, printed in at least 12-point font, and shall
7
be available to the building owner in an electronic version.
8
The HERS score and date must be posted in the building on the
9
electrical panel.
10
(e) A builder who fails to comply with this Section may be
11
subject to a civil penalty not to exceed $5,000 per violation.
12
Failure to comply with the provisions of this Section shall
13
invalidate an otherwise lawful transfer of property.
14
(f) The Capital Development Board shall adopt rules
15
necessary to implement this Section, including provisions for
16
exemptions for historic buildings and emergency construction.
17
(g) Nothing in this Section shall preempt a unit of local
18
government from adopting more stringent energy audit or
19
disclosure requirements, provided those requirements are
20
consistent with this Section.
21
Section 10.
The Residential Real Property Disclosure Act
22
is amended by adding Section 42 as follows:
23
(765 ILCS 77/42 new)
24
Sec. 42.
Energy audit required.
HB4887
- 3 -
LRB104 18115 HLH 31554 b
1
(a) Except as otherwise provided in this Section, prior to
2
the transfer of title of a dwelling, the seller shall obtain an
3
energy audit resulting in a Home Energy Rating System (HERS)
4
Index Score of the dwelling.
5
(b) The energy audit shall:
6
(1) be conducted by a RESNET-certified Home Energy
7
Rater;
8
(2) include on-site diagnostic testing, including
9
blower door testing and duct leakage testing, consistent
10
with ANSI/RESNET/ICC standards; and
11
(3) produce a final HERS Index Score and compliance
12
report.
13
(c) The seller shall provide to the prospective buyer:
14
(1) the dwelling's HERS Index score; and
15
(2) a copy of the full energy audit report, which
16
shall be provided to the buyer no later than 10 business
17
days prior to closing or prior to execution of a purchase
18
agreement, whichever occurs first.
19
In addition, the HERS score and date shall be posted in the
20
dwelling on the electrical panel.
21
(d) The Department of Financial and Professional
22
Regulation shall develop a standardized disclosure form to
23
accompany the audit report.
24
(e) This Section does not apply to:
25
(1) newly constructed dwellings that have complied
26
with Section 15.1 of the Energy Efficient Building Act
HB4887
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LRB104 18115 HLH 31554 b
1
within the 24 months immediately preceding the date of the
2
transfer;
3
(2) transfers pursuant to foreclosure, deeds in lieu
4
of foreclosure, or court order;
5
(3) transfers between family members without
6
consideration;
7
(4) transfers in the administration of a probate
8
estate; and
9
(5) quitclaim deeds executed pursuant to a marital
10
settlement agreement incorporated into a judgment of
11
dissolution of marriage.
12
(f) A seller who fails to comply with this Section may be
13
subject to a civil penalty not to exceed $5,000 per violation.
14
Failure to comply shall invalidate an otherwise lawful
15
transfer of property.
16
(g) Nothing in this Section shall preempt a unit of local
17
government from adopting more stringent energy audit or
18
disclosure requirements, provided those requirements are
19
consistent with this Section.
20
(h) As used in this Section:
21
"Dwelling" means a residential building containing one to
22
4 dwelling units.
23
"Energy audit" means a residential energy performance
24
evaluation conducted by a RESNET-certified Home Energy Rater,
25
resulting in a HERS Index Score.
26
"Seller" means the owner of record of a dwelling offered
HB4887
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LRB104 18115 HLH 31554 b
1
for sale.
2
Section 99.
Effective date.
This Act takes effect upon
3
becoming law.
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