Sen. Don Harmon
Filed: 5/31/2009
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1 | AMENDMENT TO HOUSE BILL 1306
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2 | AMENDMENT NO. ______. Amend House Bill 1306, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Local Government Energy Conservation Act is | ||||||
6 | amended by changing Sections 20 and 25 as follows:
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7 | (50 ILCS 515/20)
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8 | Sec. 20. Guarantee. The guaranteed energy savings contract | ||||||
9 | shall
include a written guarantee of the qualified provider | ||||||
10 | that either the
energy or operational cost savings, or both, | ||||||
11 | will meet or exceed within 20 10
years the costs of the energy | ||||||
12 | conservation measures. The qualified provider
shall reimburse | ||||||
13 | the unit of local government for any shortfall of guaranteed
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14 | energy
savings projected in the contract. A qualified provider | ||||||
15 | shall provide a
sufficient bond to the unit of local government | ||||||
16 | for the installation and the
faithful performance of all the |
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1 | measures included in the contract. The
guaranteed energy | ||||||
2 | savings contract may provide for payments over a period
of | ||||||
3 | time, not to exceed 20 10 years from the date of the final | ||||||
4 | installation of
the measures.
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5 | (Source: P.A. 88-173; 88-615, eff. 9-9-94.)
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6 | (50 ILCS 515/25)
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7 | Sec. 25. Installment payment contract; lease purchase | ||||||
8 | agreement; or other agreement. | ||||||
9 | (a) A unit of local
government, or
units of local | ||||||
10 | government in combination, may enter into an
installment | ||||||
11 | payment contract, lease purchase agreement, or other agreement | ||||||
12 | with a qualified
provider or with a third party, as authorized | ||||||
13 | by law, for the funding or financing of the purchase and | ||||||
14 | installation of energy conservation measures by a qualified | ||||||
15 | provider.
Every unit of local government may issue certificates | ||||||
16 | evidencing the
indebtedness
incurred pursuant to the contracts | ||||||
17 | or agreements. Any such contract or
agreement shall be valid | ||||||
18 | whether or not an appropriation with respect
thereto is first | ||||||
19 | included in any annual or supplemental budget adopted by
the | ||||||
20 | unit of local government. Each contract or agreement entered
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21 | into by a unit of local government pursuant to this Section | ||||||
22 | shall be authorized
by
official action of the unit of local | ||||||
23 | government's governing body. The authority granted under this | ||||||
24 | Section is in addition to any other authority granted by law.
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25 | (b) If a potential bidder, including, but not limited to, a |
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1 | consultant, architect, engineer, or drafter of specification, | ||||||
2 | assists a unit of local government prior to the issuance of a | ||||||
3 | request for proposal for the funding or financing of the | ||||||
4 | purchase and installation of energy conservation measures, | ||||||
5 | then the unit of local government may only consider a proposal | ||||||
6 | from the potential bidder that provided such assistance if: | ||||||
7 | (1) The unit of local government uses a standardized | ||||||
8 | request for proposal form approved by the Department of | ||||||
9 | Commerce and Economic Opportunity; or | ||||||
10 | (2) The unit of local government states in writing on a | ||||||
11 | form approved by the Department of Commerce and Economic | ||||||
12 | Opportunity (i) that it has voted to waive any conflicts of | ||||||
13 | interest and (ii) the reasons why the substantial conflict | ||||||
14 | of interest presumed for purposes of this subsection do not | ||||||
15 | prohibit the potential bidder's participation as a bidder. | ||||||
16 | The form shall also include a statement that materials, | ||||||
17 | references, and assistance in developing requests for | ||||||
18 | proposal may be obtained through the Department of Commerce | ||||||
19 | and Economic Opportunity. The form shall be signed and | ||||||
20 | submitted for publication in the Capital Development Board | ||||||
21 | Procurement Bulletin and the Illinois Procurement Bulletin | ||||||
22 | with the request for proposal. For purposes of this | ||||||
23 | subsection, a substantial conflict of interest is presumed | ||||||
24 | when a potential bidder (i) proposes the use of its own | ||||||
25 | company's proprietary systems, (ii) provides restrictive | ||||||
26 | equipment specifications in the request for proposal, |
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1 | (iii) mandates that specific improvements be included in | ||||||
2 | the request for proposal in order to submit a proposal to | ||||||
3 | the unit of local government, or (iv) performs fee for | ||||||
4 | service consulting on the proposed project in order to | ||||||
5 | prepare the unit of local government to issue the request | ||||||
6 | for proposal. | ||||||
7 | (Source: P.A. 95-612, eff. 9-11-07.)
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8 | Section 10. The School Code is amended by changing Sections | ||||||
9 | 19b-1.4, 19b-3, and 19b-5 as follows:
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10 | (105 ILCS 5/19b-1.4) (from Ch. 122, par. 19b-1.4)
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11 | Sec. 19b-1.4. Request for proposals. "Request for | ||||||
12 | proposals" means a
competitive selection achieved by
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13 | negotiated procurement. The request for proposals shall be | ||||||
14 | submitted to the administrators of the Capital Development | ||||||
15 | Board Procurement Bulletin and announced in the Illinois | ||||||
16 | Procurement Bulletin for publication and
through at least one | ||||||
17 | public notice, at least 30 14 days before the request
date in a | ||||||
18 | newspaper published in the district or vocational center area, | ||||||
19 | or
if no newspaper is
published in the district or vocational | ||||||
20 | center area, in a newspaper of
general
circulation in the
area | ||||||
21 | of the district or vocational center, from a school district or | ||||||
22 | area
vocational center that will administer the
program, | ||||||
23 | requesting innovative solutions and proposals for energy
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24 | conservation measures. Proposals submitted shall be sealed. |
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1 | The request
for proposals shall include all of the following:
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2 | (1) The name and address of the school district or area | ||||||
3 | vocation
center.
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4 | (2) The name, address, title, and phone number of a | ||||||
5 | contact person.
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6 | (3) Notice indicating that the school district or area | ||||||
7 | vocational
center is requesting qualified
providers to | ||||||
8 | propose energy conservation measures through a guaranteed
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9 | energy savings contract.
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10 | (4) The date, time, and place where proposals must be | ||||||
11 | received.
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12 | (5) The evaluation criteria for assessing the | ||||||
13 | proposals.
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14 | (6) Any other stipulations and clarifications the | ||||||
15 | school district or
area vocational center may require.
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16 | (Source: P.A. 95-612, eff. 9-11-07.)
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17 | (105 ILCS 5/19b-3) (from Ch. 122, par. 19b-3)
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18 | Sec. 19b-3. Award of guaranteed energy savings contract. | ||||||
19 | Sealed
proposals must be opened by a member or employee of the | ||||||
20 | school board or
governing board of the area vocational center, | ||||||
21 | whichever is applicable, at a
public opening at which the | ||||||
22 | contents of the proposals must be announced.
Each person or | ||||||
23 | entity submitting a sealed proposal must receive at least 13
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24 | days notice of the time and place of the opening. The school
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25 | district or area vocational center shall select the qualified |
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1 | provider that
best meets the needs of
the district or area | ||||||
2 | vocational center. The school district or area
vocational | ||||||
3 | center shall provide public notice of the
meeting at which it | ||||||
4 | proposes to award a guaranteed energy savings contract
of the | ||||||
5 | names of the parties to the proposed contract and of the | ||||||
6 | purpose of
the contract. The public notice shall be made at | ||||||
7 | least 10 days prior to
the meeting. After evaluating the | ||||||
8 | proposals under Section 19b-2, a school
district or area | ||||||
9 | vocational center may enter into a guaranteed energy
savings | ||||||
10 | contract with a
qualified provider if it finds that the amount | ||||||
11 | it would spend on the energy
conservation measures recommended | ||||||
12 | in the proposal would not exceed the
amount to be saved in | ||||||
13 | either energy or operational costs, or both, within a
20-year | ||||||
14 | period from the date of installation, if the
recommendations in
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15 | the proposal are followed. Contracts let or awarded must be | ||||||
16 | submitted to the administrators of the Capital Development | ||||||
17 | Board Procurement Bulletin and the published in the next | ||||||
18 | available subsequent Illinois Procurement Bulletin for | ||||||
19 | publication .
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20 | (Source: P.A. 95-612, eff. 9-11-07.)
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21 | (105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)
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22 | Sec. 19b-5. Installment payment contract ; lease purchase | ||||||
23 | agreement . | ||||||
24 | (a) A school district or
school districts in combination or | ||||||
25 | an area vocational center may enter into
an
installment payment |
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1 | contract or lease purchase agreement with a qualified
provider | ||||||
2 | or with a third-party lender , as authorized by law, for the | ||||||
3 | funding or financing of the purchase and installation of energy | ||||||
4 | conservation measures by a qualified provider.
Every school | ||||||
5 | district or area vocational center may issue certificates
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6 | evidencing the indebtedness
incurred pursuant to the contracts | ||||||
7 | or agreements. Any such contract or
agreement shall be valid | ||||||
8 | whether or not an appropriation with respect
thereto is first | ||||||
9 | included in any annual or supplemental budget adopted by
the | ||||||
10 | school district or area vocational center. Each contract or | ||||||
11 | agreement
entered
into by a school district or area vocational | ||||||
12 | center pursuant to this
Section shall be authorized by
official | ||||||
13 | action resolution of the school board or governing board of the | ||||||
14 | area vocational
center, whichever is applicable. The authority | ||||||
15 | granted in this Section is in addition to any other authority | ||||||
16 | granted by law.
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17 | (b) If a potential bidder, including, but not limited to, a | ||||||
18 | consultant, architect, engineer, or drafter of specification, | ||||||
19 | assists a school district prior to the issuance of a request | ||||||
20 | for proposal for the funding or financing of the purchase and | ||||||
21 | installation of energy conservation measures, then the school | ||||||
22 | district may only consider a proposal from the potential bidder | ||||||
23 | that provided such assistance if: | ||||||
24 | (1) The school district uses a standardized request for | ||||||
25 | proposal form approved by the Department of Commerce and | ||||||
26 | Economic Opportunity; or |
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1 | (2) The school district states in writing on a form | ||||||
2 | approved by the Department of Commerce and Economic | ||||||
3 | Opportunity (i) that it has voted to waive any conflicts of | ||||||
4 | interest and (ii) the reasons why the substantial conflict | ||||||
5 | of interest presumed for purposes of this subsection do not | ||||||
6 | prohibit the potential bidder's participation as a bidder. | ||||||
7 | The form shall also include a statement that materials, | ||||||
8 | references, and assistance in developing requests for | ||||||
9 | proposal may be obtained through the Department of Commerce | ||||||
10 | and Economic Opportunity. The form shall be signed and | ||||||
11 | submitted for publication in the Capital Development Board | ||||||
12 | Procurement Bulletin and the Illinois Procurement Bulletin | ||||||
13 | with the request for proposal. For purposes of this | ||||||
14 | subsection, a substantial conflict of interest is presumed | ||||||
15 | when a potential bidder (i) proposes the use of its own | ||||||
16 | company's proprietary systems, (ii) provides restrictive | ||||||
17 | equipment specifications in the request for proposal, | ||||||
18 | (iii) mandates that specific improvements be included in | ||||||
19 | the request for proposal in order to submit a proposal to | ||||||
20 | the school district, or (iv) performs fee for service | ||||||
21 | consulting on the proposed project in order to prepare the | ||||||
22 | school district to issue the request for proposal. | ||||||
23 | (Source: P.A. 95-612, eff. 9-11-07.)
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24 | Section 15. The Public University Energy Conservation Act | ||||||
25 | is amended by changing Section 25 as follows:
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1 | (110 ILCS 62/25)
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2 | Sec. 25. Installment payment contract ; lease purchase | ||||||
3 | agreement . A public university or
2 or more public | ||||||
4 | universities in combination may enter into an
installment | ||||||
5 | payment contract or lease purchase agreement with a qualified
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6 | provider or with a third-party lender , as authorized by law, | ||||||
7 | for the funding or financing of the purchase and installation | ||||||
8 | of energy conservation measures by a qualified provider.
Each | ||||||
9 | public university may issue certificates evidencing the
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10 | indebtedness
incurred pursuant to the contracts or agreements. | ||||||
11 | Any such contract or
agreement shall be valid
whether or not an | ||||||
12 | appropriation with respect
thereto is first included in any | ||||||
13 | annual or additional or supplemental budget
proposal, request, | ||||||
14 | or recommendation submitted by or made with respect to a
public | ||||||
15 | university under Section 8 of the Board of Higher Education Act | ||||||
16 | or as
otherwise provided by law. Each contract or agreement | ||||||
17 | entered
into by a public university pursuant to this Section | ||||||
18 | shall be
authorized by
official action resolution of the board | ||||||
19 | of trustees of that university. The authority granted in this | ||||||
20 | Section is in addition to any other authority granted by law.
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21 | (Source: P.A. 95-612, eff. 9-11-07.)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
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