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| Public Act 096-1197 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Local Government Energy Conservation Act is | ||||
amended by changing Sections 5, 20, and 25 as follows:
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(50 ILCS 515/5)
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Sec. 5. Definitions. As used in this Act, unless the | ||||
context clearly
requires otherwise:
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"Energy conservation
measure" means any improvement, | ||||
repair, alteration, or betterment of any
building or facility | ||||
owned or operated by a unit of local government or any
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equipment, fixture, or furnishing to be added to or used in any
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such building or facility, subject to all applicable building | ||||
codes,
that is designed to reduce
energy consumption or | ||||
operating costs, and may include, without limitation,
one or | ||||
more of the following:
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(1) Insulation of the building structure or systems | ||||
within the building.
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(2) Storm windows or doors, caulking or | ||||
weatherstripping, multiglazed
windows or doors, heat | ||||
absorbing or heat reflective glazed and coated
window or | ||||
door systems, additional glazing, reductions in glass | ||||
area, or
other window and door system modifications that | ||||
reduce energy consumption.
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(3) Automated or computerized energy control systems.
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(4) Heating, ventilating, or air conditioning system | ||
modifications or
replacements.
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(5) Replacement or modification of lighting fixtures | ||
to increase the
energy efficiency of the lighting system | ||
without increasing the overall
illumination of a facility, | ||
unless an increase in illumination is necessary
to conform | ||
to the applicable State or local building code for the | ||
lighting
system after the proposed modifications are made.
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(6) Energy recovery systems.
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(7)
Energy conservation measures that provide | ||
long-term operating cost
reductions.
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"Guaranteed energy savings contract" means a contract for: | ||
(i) the
implementation of an
energy audit, data collection, and | ||
other related analyses preliminary to
the undertaking of energy | ||
conservation measures; (ii) the evaluation and
recommendation | ||
of
energy conservation measures; (iii) the implementation of | ||
one or more
energy conservation measures; and (iv) the | ||
implementation of project
monitoring and data collection to | ||
verify post-installation energy
consumption and energy-related | ||
operating costs. The contract shall provide
that all payments, | ||
except
obligations on termination of the contract before its | ||
expiration, are to be
made over time and that the savings are | ||
guaranteed to the extent necessary
to pay the costs of
the | ||
energy conservation measures. Energy savings may include | ||
energy reduction and offsetting sources of renewable energy | ||
funds including renewable energy credits and carbon credits.
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"Qualified provider" means a person
or business whose | ||
employees are experienced and trained in the design,
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implementation, or installation of
energy conservation | ||
measures. The minimum training required for any person
or | ||
employee under this paragraph shall be the satisfactory | ||
completion of at
least 40 hours of course instruction dealing | ||
with energy conservation
measures. A qualified provider to whom | ||
the contract is
awarded shall give a sufficient bond to the | ||
unit of local government for its
faithful performance.
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"Request for proposals" means a
competitive selection | ||
achieved by negotiated procurement. The request for proposals | ||
shall be announced
through at least one public notice, at least | ||
14 days before the request
date in a newspaper published in the | ||
territory comprising the unit of local
government or, if no | ||
newspaper is
published in that territory, in a newspaper of | ||
general circulation in the
area of the unit of local | ||
government, from a unit of local government that will
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administer the
program, requesting innovative solutions and | ||
proposals for energy
conservation measures. Proposals | ||
submitted shall be sealed. The request
for proposals shall | ||
include all of the following:
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(1) The name and address of the unit of local | ||
government.
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(2) The name, address, title, and phone number of a | ||
contact person.
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(3) Notice indicating that the unit of local government | ||
is requesting
qualified
providers to propose energy | ||
conservation measures through a guaranteed
energy savings | ||
contract.
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(4) The date, time, and place where proposals must be | ||
received.
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(5) The evaluation criteria for assessing the | ||
proposals.
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(6) Any other stipulations and clarifications the unit | ||
of local government
may require.
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"Unit of local government" means a county, township,
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municipality, or park district.
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(Source: P.A. 94-1062, eff. 7-31-06.)
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(50 ILCS 515/20)
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Sec. 20. Guarantee. The guaranteed energy savings contract | ||
shall
include a written guarantee of the qualified provider | ||
that either the
energy or operational cost savings, or both, | ||
will meet or exceed within 20 10
years the costs of the energy | ||
conservation measures. The qualified provider
shall reimburse | ||
the unit of local government for any shortfall of guaranteed
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energy
savings projected in the contract. A qualified provider | ||
shall provide a
sufficient bond to the unit of local government | ||
for the installation and the
faithful performance of all the | ||
measures included in the contract. The
guaranteed energy | ||
savings contract may provide for payments over a period
of | ||
time, not to exceed 20 10 years from the date of the final | ||
installation of
the measures.
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(Source: P.A. 88-173; 88-615, eff. 9-9-94.)
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(50 ILCS 515/25)
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Sec. 25. Installment payment contract; lease purchase | ||
agreement; or other agreement. A unit of local
government, or
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units of local government in combination, may enter into an
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installment payment contract or , lease purchase agreement , or | ||
other agreement with a qualified
provider or with a third | ||
party, as authorized by law, for the funding or financing of | ||
the purchase and installation of energy conservation measures | ||
by a qualified provider.
Every unit of local government may | ||
issue certificates evidencing the
indebtedness
incurred | ||
pursuant to the contracts or agreements. Any such contract or
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agreement shall be valid whether or not an appropriation with | ||
respect
thereto is first included in any annual or supplemental | ||
budget adopted by
the unit of local government. Each contract | ||
or agreement entered
into by a unit of local government | ||
pursuant to this Section shall be authorized
by
official action | ||
of the unit of local government's governing body. The authority | ||
granted under this Section is in addition to any other | ||
authority granted by law.
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If an energy audit is performed by an energy services | ||
contractor for a unit of local government within the 3 years | ||
immediately preceding the solicitation, then the unit of local | ||
government must publish as a reference document in the | ||
solicitation for energy conservation measures the following: | ||
(1) an executive summary of the energy audit provided | ||
that the unit of local government may exclude any | ||
proprietary or trademarked information or practices; or | ||
(2) the energy audit provided that the unit of local | ||
government may redact any proprietary or trademarked | ||
information or practices. | ||
A unit of local government may not withhold the disclosure of | ||
information related to (i) the unit of local government's | ||
consumption of energy, (ii) the physical condition of the unit | ||
of local government's facilities, and (iii) any limitations | ||
prescribed by the unit of local government. | ||
The solicitation must include a written disclosure that | ||
identifies any energy services contractor that participated in | ||
the preparation of the specifications issued by the unit of | ||
local government. If no energy services contractor | ||
participated in the preparation of the specifications issued by | ||
the unit of local government, then the solicitation must | ||
include a written disclosure that no energy services contractor | ||
participated in the preparation of the specifications for the | ||
unit of local government. The written disclosure shall be | ||
published in the Capital Development Board Procurement | ||
Bulletin with the Request for Proposal. | ||
(Source: P.A. 95-612, eff. 9-11-07.)
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Section 10. The School Code is amended by changing Sections | ||
19b-1.2, 19b-1.4, 19b-3, and 19b-5 as follows:
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(105 ILCS 5/19b-1.2) (from Ch. 122, par. 19b-1.2)
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Sec. 19b-1.2. Guaranteed energy savings contract. | ||
"Guaranteed energy
savings contract" means a contract for: (i) | ||
the implementation of an
energy audit, data collection, and | ||
other related analyses preliminary to
the undertaking of energy | ||
conservation measures; (ii) the evaluation and
recommendation | ||
of
energy conservation measures; (iii) the implementation of | ||
one or more
energy conservation measures; and (iv) the | ||
implementation of project
monitoring and data collection to | ||
verify post-installation energy
consumption and energy-related | ||
operating costs. The contract shall provide
that all payments, | ||
except
obligations on termination of the contract before its | ||
expiration, are to be
made over time and that the savings are | ||
guaranteed to the extent necessary
to pay the costs of
the | ||
energy conservation measures. Energy saving may include energy | ||
reduction and offsetting sources of renewable energy funds | ||
including renewable energy credits and carbon credits.
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(Source: P.A. 87-1106.)
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(105 ILCS 5/19b-1.4) (from Ch. 122, par. 19b-1.4)
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Sec. 19b-1.4. Request for proposals. "Request for | ||
proposals" means a
competitive selection achieved by
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negotiated procurement. The request for proposals shall be | ||
submitted to the administrators of the Capital Development | ||
Board Procurement Bulletin announced in the Illinois | ||
Procurement Bulletin for publication and
through at least one | ||
public notice, at least 30 14 days before the request
date in a | ||
newspaper published in the district or vocational center area, | ||
or
if no newspaper is
published in the district or vocational | ||
center area, in a newspaper of
general
circulation in the
area | ||
of the district or vocational center, from a school district or | ||
area
vocational center that will administer the
program, | ||
requesting innovative solutions and proposals for energy
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conservation measures. Proposals submitted shall be sealed. | ||
The request
for proposals shall include all of the following:
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(1) The name and address of the school district or area | ||
vocation
center.
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(2) The name, address, title, and phone number of a | ||
contact person.
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(3) Notice indicating that the school district or area | ||
vocational
center is requesting qualified
providers to | ||
propose energy conservation measures through a guaranteed
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energy savings contract.
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(4) The date, time, and place where proposals must be | ||
received.
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(5) The evaluation criteria for assessing the | ||
proposals.
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(6) Any other stipulations and clarifications the | ||
school district or
area vocational center may require.
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(Source: P.A. 95-612, eff. 9-11-07.)
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(105 ILCS 5/19b-3) (from Ch. 122, par. 19b-3)
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Sec. 19b-3. Award of guaranteed energy savings contract. | ||
Sealed
proposals must be opened by a member or employee of the | ||
school board or
governing board of the area vocational center, | ||
whichever is applicable, at a
public opening at which the | ||
contents of the proposals must be announced.
Each person or | ||
entity submitting a sealed proposal must receive at least 13
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days notice of the time and place of the opening. The school
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district or area vocational center shall select the qualified | ||
provider that
best meets the needs of
the district or area | ||
vocational center. The school district or area
vocational | ||
center shall provide public notice of the
meeting at which it | ||
proposes to award a guaranteed energy savings contract
of the | ||
names of the parties to the proposed contract and of the | ||
purpose of
the contract. The public notice shall be made at | ||
least 10 days prior to
the meeting. After evaluating the | ||
proposals under Section 19b-2, a school
district or area | ||
vocational center may enter into a guaranteed energy
savings | ||
contract with a
qualified provider if it finds that the amount | ||
it would spend on the energy
conservation measures recommended | ||
in the proposal would not exceed the
amount to be saved in | ||
either energy or operational costs, or both, within a
20-year | ||
period from the date of installation, if the
recommendations in
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the proposal are followed. Contracts let or awarded must be | ||
submitted to the administrators of the Capital Development | ||
Board Procurement Bulletin for publication published in the | ||
next available subsequent Illinois Procurement Bulletin.
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(Source: P.A. 95-612, eff. 9-11-07.)
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(105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)
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Sec. 19b-5. Installment payment contract; lease purchase | ||
agreement. A school district or
school districts in combination | ||
or an area vocational center may enter into
an
installment | ||
payment contract or lease purchase agreement with a qualified
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provider or with a third-party lender, as authorized by law, | ||
for the funding or financing of the purchase and installation | ||
of energy conservation measures by a qualified provider.
Every | ||
school district or area vocational center may issue | ||
certificates
evidencing the indebtedness
incurred pursuant to | ||
the contracts or agreements. Any such contract or
agreement | ||
shall be valid whether or not an appropriation with respect
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thereto is first included in any annual or supplemental budget | ||
adopted by
the school district or area vocational center. Each | ||
contract or agreement
entered
into by a school district or area | ||
vocational center pursuant to this
Section shall be authorized | ||
by
official action resolution of the school board or governing | ||
board of the area vocational
center, whichever is applicable. | ||
The authority granted in this Section is in addition to any | ||
other authority granted by law. | ||
If an energy audit is performed by an energy services | ||
contractor for a school district within the 3 years immediately | ||
preceding the solicitation, then the school district must | ||
publish as a reference document in the solicitation for energy | ||
conservation measures the following:
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(1) an executive summary of the energy audit provided | ||
that the school district may exclude any proprietary or | ||
trademarked information or practices; or | ||
(2) the energy audit provided that the school district | ||
may redact any proprietary or trademarked information or | ||
practices. | ||
A school district may not withhold the disclosure of | ||
information related to (i) the school district's consumption of | ||
energy, (ii) the physical condition of the school district's | ||
facilities, and (iii) any limitations prescribed by the school | ||
district. | ||
The solicitation must include a written disclosure that | ||
identifies any energy services contractor that participated in | ||
the preparation of the specifications issued by the school | ||
district. If no energy services contractor participated in the | ||
preparation of the specifications issued by the school | ||
district, then the solicitation must include a written | ||
disclosure that no energy services contractor participated in | ||
the preparation of the specifications for the school district. | ||
The written disclosure shall be published in the Capital | ||
Development Board Procurement Bulletin with the Request for | ||
Proposal. | ||
(Source: P.A. 95-612, eff. 9-11-07.)
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Section 15. The Public University Energy Conservation Act | ||
is amended by changing Sections 5-15 and 25 as follows:
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(110 ILCS 62/5-15)
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Sec. 5-15. Guaranteed energy savings contract. "Guaranteed | ||
energy
savings contract" means a contract for: (i) the | ||
implementation of an
energy audit, data collection, and other | ||
related analyses preliminary to
the undertaking of energy | ||
conservation measures; (ii) the evaluation and
recommendation | ||
of
energy conservation measures; (iii) the implementation of | ||
one or more
energy conservation measures; and (iv) the | ||
implementation of project
monitoring and data collection to | ||
verify post-installation energy
consumption and energy-related | ||
operating costs. The contract shall provide
that all payments, | ||
except
obligations on termination of the contract before its | ||
expiration, are to be
made over time and that the savings are | ||
guaranteed to the extent necessary
to pay the costs of
the | ||
energy conservation measures. Energy savings may include | ||
energy reduction and offsetting sources of renewable energy | ||
funds including renewable energy credits and carbon credits.
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(Source: P.A. 90-486, eff. 8-17-97.)
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(110 ILCS 62/25)
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Sec. 25. Installment payment contract; lease purchase | ||
agreement. A public university or
2 or more public | ||
universities in combination may enter into an
installment | ||
payment contract or lease purchase agreement with a qualified
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provider or with a third-party lender, as authorized by law, | ||
for the funding or financing of the purchase and installation | ||
of energy conservation measures by a qualified provider.
Each | ||
public university may issue certificates evidencing the
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indebtedness
incurred pursuant to the contracts or agreements. | ||
Any such contract or
agreement shall be valid
whether or not an | ||
appropriation with respect
thereto is first included in any | ||
annual or additional or supplemental budget
proposal, request, | ||
or recommendation submitted by or made with respect to a
public | ||
university under Section 8 of the Board of Higher Education Act | ||
or as
otherwise provided by law. Each contract or agreement | ||
entered
into by a public university pursuant to this Section | ||
shall be
authorized by
official action resolution of the board | ||
of trustees of that university. The authority granted in this | ||
Section is in addition to any other authority granted by law.
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(Source: P.A. 95-612, eff. 9-11-07.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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