HB4209ham001 103RD GENERAL ASSEMBLY

Rep. Lance Yednock

Filed: 4/1/2024

10300HB4209ham001 LRB103 34958 BDA 71244 a

AMENDMENT TO HOUSE BILL 4209

AMENDMENT NO. ______. Amend House Bill 4209 by replacing everything after the enacting clause with the following:

"Section 5. The Department of Natural Resources Act is amended by changing Section 1-20 and by adding Section 1-50 as follows:

(20 ILCS 801/1-20)

Sec. 1-20. Real property. The Department has the power:

(a) To transfer jurisdiction of any realty under the control of the Department to any other Department of the State Government, or to any authority, commission or other agency of the State, and to acquire or accept federal lands, when such transfer, acquisition or acceptance is advantageous to the State and is approved in writing by the Governor.

(b) To lease, from time to time, any land or property, with or without appurtenances, of which the Department has jurisdiction, and which are not immediately to be used or developed by the State; provided that no such lease be for a longer period of time than that in which it can reasonably be expected the State will not have use for such property, and further provided that no such lease be for a longer period of time than 10 5 years.

(c) To lease any land or property over which the Department has jurisdiction for the purpose of creating, operating, or maintaining a commercial solar energy system, as defined in Section 10-720 of the Property Tax Code, or a clean energy project, as defined in the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. A lease under this subsection (c) shall not be for a period longer than 40 years. The lease may be renewed by the Department for periods not longer than 40 years per renewal. If practical, the Department shall require that any land or property over which the Department has jurisdiction and that is used for the purpose of creating, operating, or maintaining a commercial solar energy system shall have implemented on it and maintained management practices that would qualify the land or property as a beneficial habitat under the Pollinator-Friendly Solar Site Act. The Department shall prioritize commercial solar energy system sites based on their suitability and economic feasibility for solar use. The Department may also prioritize commercial solar energy system sites with a significant history of disturbance, such as former strip mines, marginally productive agricultural land, or previously developed sites. The Department may consider any land use that is lost from the installation of a commercial solar energy system in making a determination regarding the suitability of a site. At least 60 days before entering into a lease for a commercial solar energy system under this subsection (c), the Department shall post in the Illinois Register notice of the Department's intent to enter into the lease and shall provide a copy of the notice to a municipality if the leased area is located within the borders of the municipality. The notice shall include the specific location and size of the proposed commercial solar energy system. The Department shall consider and respond to all public comments regarding the posting that are received by the Department within 30 days of the posting.

(Source: P.A. 89-445, eff. 2-7-96.)

(20 ILCS 801/1-50 new)

Sec. 1-50. Administrative rules. The Department of Natural Resources may adopt rules necessary to carry out its duties under this Act.

Section 10. The Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois is amended by changing Sections 805-5, 805-230, 805-235, and 805-280 and by adding Section 805-580 as follows:

(20 ILCS 805/805-5)

Sec. 805-5. Definitions. In this Law:

"Clean energy" means energy that is generated, by design or operation, in a manner that is substantially free of carbon dioxide emissions or in a manner that otherwise contributes to the reduction in emissions of environmentally hazardous materials or reduces the volume of environmentally dangerous materials.

"Clean energy project" means a project that is undertaken to acquire, construct, refurbish, create, develop, or redevelop any facility, equipment, machinery, or real or personal property and that will aid, assist, or encourage the development or implementation of clean energy in the State.

"Department" means the Department of Natural Resources.

"Director" means the Director of Natural Resources.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 805/805-230) (was 20 ILCS 805/63a18)

Sec. 805-230. Developing recreational areas. The Department has the power to lease from individuals, corporations, or any other form of private ownership, from any municipality, public corporation, or political subdivision of this State, or from the United States any lands or waters for the purpose of developing outdoor recreational areas for public use and to acquire all necessary property or rights-of-way for the purposes of ingress or egress to those lands and waters and to construct buildings and other recreational facilities, including roadways, bridges, and parking areas, commercial solar energy systems, and clean energy projects that the Department deems necessary or desirable for maximum utilization of recreational facilities for public use of the areas.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 805/805-235) (was 20 ILCS 805/63a6)

Sec. 805-235. Lease of lands acquired by the Department; disposition of obsolete buildings. The Department has the power to do and perform each and every act or thing considered by the Director to be necessary or desirable to fulfill and carry out the intent and purpose of all laws pertaining to the Department, including the right to rehabilitate or sell at public auction buildings or structures affixed to lands over which the Department has acquired jurisdiction when in the judgment of the Director those buildings or structures are obsolete, inadequate, or unusable for the purposes of the Department and to lease those lands with or without appurtenances for a consideration in money or in kind for a period of time not in excess of 10 5 years for the purposes and upon the terms and conditions that the Director considers to be in the best interests of the State when those lands are not immediately to be used or developed by the State. All those sales shall be made subject to the written approval of the Governor. The funds derived from those sales and from those leases shall be deposited in the State Parks Fund, except that funds derived from those sales and from those leases on lands managed and operated principally as wildlife or fisheries areas by the Department shall be deposited in the Wildlife and Fish Fund.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 805/805-280 new)

Sec. 805-280. Leases for the purpose of creating, operating, or maintaining a commercial solar energy system or clean energy project. The Department may lease any land or property over which the Department has jurisdiction for the purpose of creating, operating, or maintaining a commercial solar energy system, as defined in Section 10-720 of the Property Tax Code, or a clean energy project. The lease shall not be for a period longer than 40 years. The lease may be renewed for periods not longer than 40 years per renewal. The Department shall require that any lease must provide for a signed project labor agreement for the length of the lease term. If practical, the Department shall require that any land or property over which the Department has jurisdiction that is used for the purpose of creating, operating, or maintaining a commercial solar energy system shall have implemented on it and maintained management practices that would qualify the land or property as a beneficial habitat under the Pollinator-Friendly Solar Site Act. The Department shall require that any lease must include a signed project labor agreement for the length of the lease term. The Department shall prioritize commercial solar energy system sites based on their suitability and economic feasibility for solar use. The Department may also prioritize commercial solar energy system sites with a significant history of disturbance, such as former strip mines, marginally productive agricultural land, or previously developed sites. The Department may consider any land use that is lost from the installation of a commercial solar energy system in making a determination for the suitability of a site.

(20 ILCS 805/805-580 new)

Sec. 805-580. Electric vehicle charging stations.

(a) The Department may provide for at least one electric vehicle charging station, as defined in the Electric Vehicle Act, at any State park or other real property that is owned by the Department where electrical service will reasonably permit. The Department is authorized to charge user fees for the use of such electric vehicle charging stations.

(b) The Department may adopt and publish specifications detailing the kind and type of electric vehicle charging stations to be provided and may adopt rules governing the fees for use of electric vehicle charging stations at State parks or other real property that is owned by the Department.

Section 15. The State Parks Act is amended by changing Sections 2, 3, 3a, and 4 as follows:

(20 ILCS 835/2) (from Ch. 105, par. 466)

Sec. 2. It shall be the policy of the State of Illinois to acquire a system of State parks which shall embody the following purposes and objectives:

(1) To preserve the most important historic sites and events that which are connected with the peoples who are geographically and culturally affiliated to the land now known as the State of Illinois early pioneer or Indian history, so that their such history of the Indians, explorers, missionaries and settlers may be preserved, not only as a tribute to those peoples that came before us who made possible the building of the State of Illinois and of the Union, but also as a part of the education of present and future Illinois citizens.

(2) To set aside as public reservations those locations which have unusual scenic attractions caused by geologic or topographic formations, such as canyons, gorges, caves, dunes, beaches, moraines, palisades, examples of Illinois prairie, and points of scientific interest to botanists and naturalists. These areas should be large in size and whenever practicable shall be not less than 1,000 acres in extent. However, smaller areas may be acquired wherever conditions do not warrant the acquisition of the larger acreage.

(3) To preserve large forested areas and marginal lands along the rivers, small water courses, and lakes for a recreation use different from that given by the typical city park, and so that these tracts may remain unchanged by civilization, so far as possible, and be kept for future generations. Such areas also, should be acquired in units of 1,000 acres or more and may be available as fish and game preserves. However, smaller areas may be acquired wherever conditions do not warrant the acquisition of the larger acreage.

(4) To connect these parks with each other by a system of scenic parkways with widths varying from 100 to 1,000 feet, as a supplement to and completion of the State highway system. Where the present State highway routes may serve this purpose, their location, alignment and design should be studied with this plan in view. At suitable locations along these highways, pure water supplies and shelters and comfort facilities of attractive design may be installed for the convenience of the public.

The Department of Natural Resources is authorized on in behalf of the State of Illinois to accept by donation or bequest, to purchase or acquire by condemnation proceedings in the manner provided for the exercise of the power of eminent domain under the Eminent Domain Act, or by contract for deed payable over a period of time not to exceed 10 years, or in any other legal manner, the title to all such lands, waters or regions, and the easements appurtenant or contributory thereto, which shall be in accord with such policy in respect to a system of State parks, for the purpose of which the General Assembly may make an appropriation. Purchases by contract for deed under this Section shall not exceed $20,000,000 in total purchase price for land under contract at any one given time.

(Source: P.A. 94-1055, eff. 1-1-07.)

(20 ILCS 835/3) (from Ch. 105, par. 467)

Sec. 3. In maintaining the State parks the Department of Natural Resources shall conserve the original character as distinguished from the artificial landscaping of such parks. As used in this Section, "artificial landscaping" does not include any landscaping or other site modification or use resulting from any lease entered into by the Department of Natural Resources for the creation, operation, or maintenance of a commercial solar energy system, as defined in Section 10-720 of the Property Tax Code, or a clean energy project, as defined in the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. Instead, these site modifications and uses are hereby deemed to support conservation of the original character of the parks.

(Source: P.A. 89-445, eff. 2-7-96.)

(20 ILCS 835/3a) (from Ch. 105, par. 467a)

Sec. 3a. The Department of Natural Resources shall not dispose of any portion of a State park except as specifically authorized by law. This prohibition shall not restrict the Department from conveyance of easements, leases, and other lesser interests in land.

(Source: P.A. 89-445, eff. 2-7-96.)

(20 ILCS 835/4) (from Ch. 105, par. 468)

Sec. 4. The Department of Natural Resources has the power:

(1) To make rules and regulations necessary to carry out its duties under this Act, including rules and regulations for the use, care, improvement, control and administration of lands under its jurisdiction, and to enforce the same.

(2) To employ such custodians, keepers, clerks, assistants, laborers and subordinates as may be necessary to carry out the provisions of this Act.

(3) To lay out, construct and maintain all needful roads, parking areas, paths or trails, bridges, and docks, camp or lodge sites, picnic areas, beach houses, lodges and cabins and any other structures and improvements necessary and appropriate in any state park or easement thereto; and to provide water supplies, heat and light, and sanitary facilities for the public and living quarters for the custodians and keepers of state parks.

(4) To replant any devastated native plant areas of any State park or increase or supplement the same when necessary with plant material indigenous to such park.

(5) To cooperate with the United States government and with other states in matters relating to the care, improvement, control and administration of national or interstate parks.

(6) To cooperate and contract with any agency, organization or individual in a manner consistent with the purposes of this Act and the powers granted the Department herein.

(7) To accept and administer gifts, grants and legacies of money, securities or property to be used by the Department of Natural Resources for the purposes of this Act and according to the tenor of such gift, grant or legacy.

(8) To enter into leases that allow for the creation, operation, or maintenance of a commercial solar energy system, as defined in Section 10-720 of the Property Tax Code, or a clean energy project, as defined in the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. If practical, the Department shall require that any land or property over which the Department has jurisdiction that is used for the purpose of creating, operating, or maintaining a commercial solar energy system shall have implemented on it and maintained management practices that would qualify the land or property as a beneficial habitat under the Pollinator-Friendly Solar Site Act. The Department shall require that any lease must include a signed project labor agreement for the length of the lease term. The Department shall prioritize commercial solar energy system sites based on their suitability and economic feasibility for solar use. The Department may also prioritize commercial solar energy system sites with a significant history of disturbance, such as former strip mines, marginally productive agricultural land, or previously developed sites. In making a determination for the suitability of a site, the Department may consider any land use that is lost from the installation of a commercial solar energy system.

(Source: P.A. 89-445, eff. 2-7-96.)

Section 20. The Illinois Procurement Code is amended by changing Section 1-10 as follows:

(30 ILCS 500/1-10)

Sec. 1-10. Application.

(a) This Code applies only to procurements for which bidders, offerors, potential contractors, or contractors were first solicited on or after July 1, 1998. This Code shall not be construed to affect or impair any contract, or any provision of a contract, entered into based on a solicitation prior to the implementation date of this Code as described in Article 99, including, but not limited to, any covenant entered into with respect to any revenue bonds or similar instruments. All procurements for which contracts are solicited between the effective date of Articles 50 and 99 and July 1, 1998 shall be substantially in accordance with this Code and its intent.

(b) This Code shall apply regardless of the source of the funds with which the contracts are paid, including federal assistance moneys. This Code shall not apply to:

(1) Contracts between the State and its political subdivisions or other governments, or between State governmental bodies, except as specifically provided in this Code.

(2) Grants, except for the filing requirements of Section 20-80.

(3) Purchase of care, except as provided in Section 5-30.6 of the Illinois Public Aid Code and this Section.

(4) Hiring of an individual as an employee and not as an independent contractor, whether pursuant to an employment code or policy or by contract directly with that individual.

(5) Collective bargaining contracts.

(6) Purchase of real estate, except that notice of this type of contract with a value of more than $25,000 must be published in the Procurement Bulletin within 10 calendar days after the deed is recorded in the county of jurisdiction. The notice shall identify the real estate purchased, the names of all parties to the contract, the value of the contract, and the effective date of the contract.

(7) Contracts necessary to prepare for anticipated litigation, enforcement actions, or investigations, provided that the chief legal counsel to the Governor shall give his or her prior approval when the procuring agency is one subject to the jurisdiction of the Governor, and provided that the chief legal counsel of any other procuring entity subject to this Code shall give his or her prior approval when the procuring entity is not one subject to the jurisdiction of the Governor.

(8) (Blank).

(9) Procurement expenditures by the Illinois Conservation Foundation when only private funds are used.

(10) (Blank).

(11) Public-private agreements entered into according to the procurement requirements of Section 20 of the Public-Private Partnerships for Transportation Act and design-build agreements entered into according to the procurement requirements of Section 25 of the Public-Private Partnerships for Transportation Act.

(12) (A) Contracts for legal, financial, and other professional and artistic services entered into by the Illinois Finance Authority in which the State of Illinois is not obligated. Such contracts shall be awarded through a competitive process authorized by the members of the Illinois Finance Authority and are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, as well as the final approval by the members of the Illinois Finance Authority of the terms of the contract.

(B) Contracts for legal and financial services entered into by the Illinois Housing Development Authority in connection with the issuance of bonds in which the State of Illinois is not obligated. Such contracts shall be awarded through a competitive process authorized by the members of the Illinois Housing Development Authority and are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, as well as the final approval by the members of the Illinois Housing Development Authority of the terms of the contract.

(13) Contracts for services, commodities, and equipment to support the delivery of timely forensic science services in consultation with and subject to the approval of the Chief Procurement Officer as provided in subsection (d) of Section 5-4-3a of the Unified Code of Corrections, except for the requirements of Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of this Code; however, the Chief Procurement Officer may, in writing with justification, waive any certification required under Article 50 of this Code. For any contracts for services which are currently provided by members of a collective bargaining agreement, the applicable terms of the collective bargaining agreement concerning subcontracting shall be followed.

On and after January 1, 2019, this paragraph (13), except for this sentence, is inoperative.

(14) Contracts for participation expenditures required by a domestic or international trade show or exhibition of an exhibitor, member, or sponsor.

(15) Contracts with a railroad or utility that requires the State to reimburse the railroad or utilities for the relocation of utilities for construction or other public purpose. Contracts included within this paragraph (15) shall include, but not be limited to, those associated with: relocations, crossings, installations, and maintenance. For the purposes of this paragraph (15), "railroad" means any form of non-highway ground transportation that runs on rails or electromagnetic guideways and "utility" means: (1) public utilities as defined in Section 3-105 of the Public Utilities Act, (2) telecommunications carriers as defined in Section 13-202 of the Public Utilities Act, (3) electric cooperatives as defined in Section 3.4 of the Electric Supplier Act, (4) telephone or telecommunications cooperatives as defined in Section 13-212 of the Public Utilities Act, (5) rural water or waste water systems with 10,000 connections or less, (6) a holder as defined in Section 21-201 of the Public Utilities Act, and (7) municipalities owning or operating utility systems consisting of public utilities as that term is defined in Section 11-117-2 of the Illinois Municipal Code.

(16) Procurement expenditures necessary for the Department of Public Health to provide the delivery of timely newborn screening services in accordance with the Newborn Metabolic Screening Act.

(17) Procurement expenditures necessary for the Department of Agriculture, the Department of Financial and Professional Regulation, the Department of Human Services, and the Department of Public Health to implement the Compassionate Use of Medical Cannabis Program and Opioid Alternative Pilot Program requirements and ensure access to medical cannabis for patients with debilitating medical conditions in accordance with the Compassionate Use of Medical Cannabis Program Act.

(18) This Code does not apply to any procurements necessary for the Department of Agriculture, the Department of Financial and Professional Regulation, the Department of Human Services, the Department of Commerce and Economic Opportunity, and the Department of Public Health to implement the Cannabis Regulation and Tax Act if the applicable agency has made a good faith determination that it is necessary and appropriate for the expenditure to fall within this exemption and if the process is conducted in a manner substantially in accordance with the requirements of Sections 20-160, 25-60, 30-22, 50-5, 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50 of this Code; however, for Section 50-35, compliance applies only to contracts or subcontracts over $100,000. Notice of each contract entered into under this paragraph (18) that is related to the procurement of goods and services identified in paragraph (1) through (9) of this subsection shall be published in the Procurement Bulletin within 14 calendar days after contract execution. The Chief Procurement Officer shall prescribe the form and content of the notice. Each agency shall provide the Chief Procurement Officer, on a monthly basis, in the form and content prescribed by the Chief Procurement Officer, a report of contracts that are related to the procurement of goods and services identified in this subsection. At a minimum, this report shall include the name of the contractor, a description of the supply or service provided, the total amount of the contract, the term of the contract, and the exception to this Code utilized. A copy of any or all of these contracts shall be made available to the Chief Procurement Officer immediately upon request. The Chief Procurement Officer shall submit a report to the Governor and General Assembly no later than November 1 of each year that includes, at a minimum, an annual summary of the monthly information reported to the Chief Procurement Officer. This exemption becomes inoperative 5 years after June 25, 2019 (the effective date of Public Act 101-27).

(19) Acquisition of modifications or adjustments, limited to assistive technology devices and assistive technology services, adaptive equipment, repairs, and replacement parts to provide reasonable accommodations (i) that enable a qualified applicant with a disability to complete the job application process and be considered for the position such qualified applicant desires, (ii) that modify or adjust the work environment to enable a qualified current employee with a disability to perform the essential functions of the position held by that employee, (iii) to enable a qualified current employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by other similarly situated employees without disabilities, and (iv) that allow a customer, client, claimant, or member of the public seeking State services full use and enjoyment of and access to its programs, services, or benefits.

For purposes of this paragraph (19):

"Assistive technology devices" means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.

"Assistive technology services" means any service that directly assists an individual with a disability in selection, acquisition, or use of an assistive technology device.

"Qualified" has the same meaning and use as provided under the federal Americans with Disabilities Act when describing an individual with a disability.

(20) Procurement expenditures necessary for the Illinois Commerce Commission to hire third-party facilitators pursuant to Sections 16-105.17 and 16-108.18 of the Public Utilities Act or an ombudsman pursuant to Section 16-107.5 of the Public Utilities Act, a facilitator pursuant to Section 16-105.17 of the Public Utilities Act, or a grid auditor pursuant to Section 16-105.10 of the Public Utilities Act.

(21) Procurement expenditures for the purchase, renewal, and expansion of software, software licenses, or software maintenance agreements that support the efforts of the Illinois State Police to enforce, regulate, and administer the Firearm Owners Identification Card Act, the Firearm Concealed Carry Act, the Firearms Restraining Order Act, the Firearm Dealer License Certification Act, the Law Enforcement Agencies Data System (LEADS), the Uniform Crime Reporting Act, the Criminal Identification Act, the Illinois Uniform Conviction Information Act, and the Gun Trafficking Information Act, or establish or maintain record management systems necessary to conduct human trafficking investigations or gun trafficking or other stolen firearm investigations. This paragraph (21) applies to contracts entered into on or after January 10, 2023 (the effective date of Public Act 102-1116) and the renewal of contracts that are in effect on January 10, 2023 (the effective date of Public Act 102-1116).

(22) Contracts for project management services and system integration services required for the completion of the State's enterprise resource planning project. This exemption becomes inoperative 5 years after June 7, 2023 (the effective date of the changes made to this Section by Public Act 103-8). This paragraph (22) applies to contracts entered into on or after June 7, 2023 (the effective date of the changes made to this Section by Public Act 103-8) and the renewal of contracts that are in effect on June 7, 2023 (the effective date of the changes made to this Section by Public Act 103-8).

(23) Procurements necessary for the Department of Insurance to implement the Illinois Health Benefits Exchange Law if the Department of Insurance has made a good faith determination that it is necessary and appropriate for the expenditure to fall within this exemption. The procurement process shall be conducted in a manner substantially in accordance with the requirements of Sections 20-160 and 25-60 and Article 50 of this Code. A copy of these contracts shall be made available to the Chief Procurement Officer immediately upon request. This paragraph is inoperative 5 years after June 27, 2023 (the effective date of Public Act 103-103).

(24) (22) Contracts for public education programming, noncommercial sustaining announcements, public service announcements, and public awareness and education messaging with the nonprofit trade associations of the providers of those services that inform the public on immediate and ongoing health and safety risks and hazards.

(25) Expenditures for the Department of Natural Resources to achieve and maintain compliance with the Law Enforcement Officer-Worn Body Camera Act and involving body cameras, information technology, or contractual services relevant to the collection of evidence that is to be used in administrative, judicial, legislative, or disciplinary proceedings and that must be maintained in a secure and confidential manner to protect its integrity. This paragraph (25) applies to contracts entered into on or after the effective date of this amendatory Act of the 103rd General Assembly and the renewal of contracts that are in effect on the effective date of this amendatory Act of the 103rd General Assembly regarding all purchases by the Department of Natural Resources related to the Law Enforcement Officer-Worn Body Camera Act.

(26) Expenditures for the purchase, renewal, and expansion of technology, software, software licenses, or software maintenance agreements that support the efforts of the Department of Natural Resources, Office of Law Enforcement, for administrative purposes and to enforce and regulate all criminal statutes, including, but not limited to, the Boat Registration and Safety Act, the Fish and Aquatic Life Code, the Wildlife Code, the Snowmobile Registration and Safety Act, and the Timber Buyers Licensing Act and all applicable administrative rules, and to establish or maintain record management systems necessary to ensure that law enforcement records are created, managed, retained, and disposed of in a manner that supports all laws and the operational needs the Office of Law Enforcement while also protecting the rights and interests of individuals and the public.

(27) Expenditures necessary to provide for the purchase, site preparation, installation, maintenance, and repair of a clean energy project, including, but not limited to, solar energy projects, renewable energy projects, and electrification of facility infrastructure, and electric vehicle charging stations, as defined in the Electric Vehicle Act. Such expenditures may include, but are not limited to, erection and maintenance of electric vehicle charging stations, wireless network infrastructure, water infrastructure, solar projects, and other projects that decrease the energy footprint of the State of Illinois. This paragraph (27) applies to contracts entered into, on or after the effective date of this amendatory Act of the 103rd General Assembly and the renewal of contracts that are in effect on the effective date of this amendatory Act of the 103rd General Assembly regarding all purchases by the Department of Natural Resources related to the erection and maintenance of clean energy projects. Contracts, excluding contracts for equipment purchases, entered into under this Section shall comply with the Project Labor Agreements Act, except that a project labor agreement entered into under this Section shall be entered into with the local building and construction trades council having geographic jurisdiction over the project. Contracts entered into under this Section shall comply with the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. This paragraph (27) becomes inapplicable 5 years after the effective date of this amendatory Act of the 103rd General Assembly.

As used in this paragraph (27 ), "clean energy project" has the meaning given in the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois.

Notwithstanding any other provision of law, for contracts with an annual value of more than $100,000 entered into on or after October 1, 2017 under an exemption provided in any paragraph of this subsection (b), except paragraph (1), (2), or (5), each State agency shall post to the appropriate procurement bulletin the name of the contractor, a description of the supply or service provided, the total amount of the contract, the term of the contract, and the exception to the Code utilized. The chief procurement officer shall submit a report to the Governor and General Assembly no later than November 1 of each year that shall include, at a minimum, an annual summary of the monthly information reported to the chief procurement officer.

(c) This Code does not apply to the electric power procurement process provided for under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act. This Code does not apply to the procurement of technical and policy experts pursuant to Section 1-129 of the Illinois Power Agency Act.

(d) Except for Section 20-160 and Article 50 of this Code, and as expressly required by Section 9.1 of the Illinois Lottery Law, the provisions of this Code do not apply to the procurement process provided for under Section 9.1 of the Illinois Lottery Law.

(e) This Code does not apply to the process used by the Capital Development Board to retain a person or entity to assist the Capital Development Board with its duties related to the determination of costs of a clean coal SNG brownfield facility, as defined by Section 1-10 of the Illinois Power Agency Act, as required in subsection (h-3) of Section 9-220 of the Public Utilities Act, including calculating the range of capital costs, the range of operating and maintenance costs, or the sequestration costs or monitoring the construction of clean coal SNG brownfield facility for the full duration of construction.

(f) (Blank).

(g) (Blank).

(h) This Code does not apply to the process to procure or contracts entered into in accordance with Sections 11-5.2 and 11-5.3 of the Illinois Public Aid Code.

(i) Each chief procurement officer may access records necessary to review whether a contract, purchase, or other expenditure is or is not subject to the provisions of this Code, unless such records would be subject to attorney-client privilege.

(j) This Code does not apply to the process used by the Capital Development Board to retain an artist or work or works of art as required in Section 14 of the Capital Development Board Act.

(k) This Code does not apply to the process to procure contracts, or contracts entered into, by the State Board of Elections or the State Electoral Board for hearing officers appointed pursuant to the Election Code.

(l) This Code does not apply to the processes used by the Illinois Student Assistance Commission to procure supplies and services paid for from the private funds of the Illinois Prepaid Tuition Fund. As used in this subsection (l), "private funds" means funds derived from deposits paid into the Illinois Prepaid Tuition Trust Fund and the earnings thereon.

(m) This Code shall apply regardless of the source of funds with which contracts are paid, including federal assistance moneys. Except as specifically provided in this Code, this Code shall not apply to procurement expenditures necessary for the Department of Public Health to conduct the Healthy Illinois Survey in accordance with Section 2310-431 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois.

(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised 1-2-24.)".