Illinois General Assembly - Full Text of SB1827
Illinois General Assembly

Previous General Assemblies

Full Text of SB1827  94th General Assembly

SB1827enr 94TH GENERAL ASSEMBLY



 


 
SB1827 Enrolled LRB094 11389 MKM 42272 b

1     AN ACT concerning energy conservation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Local Government Energy Conservation Act is
5 amended by adding Sections 3 and 4 and by changing Sections 5
6 and 10 as follows:
 
7     (50 ILCS 515/3 new)
8     Sec. 3. Applicable laws. Other State laws and related
9 administrative requirements apply to this Act, including, but
10 not limited to, the following laws and related administrative
11 requirements: the Illinois Human Rights Act, the Prevailing
12 Wage Act, the Public Construction Bond Act, the Public Works
13 Preference Act, the Employment of Illinois Workers on Public
14 Works Act, the Freedom of Information Act, the Open Meetings
15 Act, the Illinois Architecture Practice Act of 1989, the
16 Professional Engineering Practice Act of 1989, the Structural
17 Engineering Practice Act of 1989, the Local Government
18 Professional Services Selection Act, and the Contractor
19 Unified License and Permit Bond Act.
 
20     (50 ILCS 515/4 new)
21     Sec. 4. Applicability. In order to protect the integrity of
22 historic buildings, no provision of this Act shall be
23 interpreted to require the implementation of energy
24 conservation measures that conflict with respect to any
25 property eligible for, nominated to, or entered on the National
26 Register of Historic Places, pursuant to the National Historic
27 Preservation Act of 1966, or the Illinois Register of Historic
28 Places, pursuant to the Illinois Historic Preservation Act.
 
29     (50 ILCS 515/5)
30     Sec. 5. Definitions. As used in this Act, unless the

 

 

SB1827 Enrolled - 2 - LRB094 11389 MKM 42272 b

1 context clearly requires otherwise:
2     "Energy conservation measure" means any improvement,
3 repair, alteration, or betterment of any building or facility
4 owned or operated by a unit of local government or any
5 equipment, fixture, or furnishing to be added to or used in any
6 such building or facility, subject to all applicable building
7 codes, that is designed to reduce energy consumption or
8 operating costs, and may include, without limitation, one or
9 more of the following:
10         (1) Insulation of the building structure or systems
11     within the building.
12         (2) Storm windows or doors, caulking or
13     weatherstripping, multiglazed windows or doors, heat
14     absorbing or heat reflective glazed and coated window or
15     door systems, additional glazing, reductions in glass
16     area, or other window and door system modifications that
17     reduce energy consumption.
18         (3) Automated or computerized energy control systems.
19         (4) Heating, ventilating, or air conditioning system
20     modifications or replacements.
21         (5) Replacement or modification of lighting fixtures
22     to increase the energy efficiency of the lighting system
23     without increasing the overall illumination of a facility,
24     unless an increase in illumination is necessary to conform
25     to the applicable State or local building code for the
26     lighting system after the proposed modifications are made.
27         (6) Energy recovery systems.
28         (7) Energy conservation measures that provide
29     long-term operating cost reductions.
30     "Guaranteed energy savings contract" means a contract for:
31 (i) the implementation of an energy audit, data collection, and
32 other related analyses preliminary to the undertaking of energy
33 conservation measures; (ii) the evaluation and recommendation
34 of energy conservation measures; (iii) the implementation of
35 one or more energy conservation measures; and (iv) the
36 implementation of project monitoring and data collection to

 

 

SB1827 Enrolled - 3 - LRB094 11389 MKM 42272 b

1 verify post-installation energy consumption and energy-related
2 operating costs. The contract shall provide that all payments,
3 except obligations on termination of the contract before its
4 expiration, are to be made over time and that the savings are
5 guaranteed to the extent necessary to pay the costs of the
6 energy conservation measures.
7     "Qualified provider" means a person or business whose
8 employees are experienced and trained in the design,
9 implementation, or installation of energy conservation
10 measures. The minimum training required for any person or
11 employee under this paragraph shall be the satisfactory
12 completion of at least 40 hours of course instruction dealing
13 with energy conservation measures. A qualified provider to whom
14 the contract is awarded shall give a sufficient bond to the
15 unit of local government for its faithful performance.
16     "Request for proposals" means a competitive selection
17 achieved by negotiated procurement. The request for proposals
18 shall be announced through at least one public notice, at least
19 14 10 days before the request date in a newspaper published in
20 the territory comprising the unit of local government or, if no
21 newspaper is published in that territory, in a newspaper of
22 general circulation in the area of the unit of local
23 government, from a unit of local government that will
24 administer the program, requesting innovative solutions and
25 proposals for energy conservation measures. Proposals
26 submitted shall be sealed. The request for proposals shall
27 include all of the following:
28         (1) The name and address of the unit of local
29     government.
30         (2) The name, address, title, and phone number of a
31     contact person.
32         (3) Notice indicating that the unit of local government
33     is requesting qualified providers to propose energy
34     conservation measures through a guaranteed energy savings
35     contract.
36         (4) The date, time, and place where proposals must be

 

 

SB1827 Enrolled - 4 - LRB094 11389 MKM 42272 b

1     received.
2         (5) The evaluation criteria for assessing the
3     proposals.
4         (6) Any other stipulations and clarifications the unit
5     of local government may require.
6     "Unit of local government" means a county, township, or
7 municipality, or park district.
8 (Source: P.A. 88-173.)
 
9     (50 ILCS 515/10)
10     Sec. 10. Evaluation of proposal. Before entering into a
11 guaranteed energy savings contract under Section 15, a unit of
12 local government shall submit a request for proposals. The unit
13 of local government shall evaluate any sealed proposal from a
14 qualified provider. The evaluation shall analyze the estimates
15 of all costs of installations, modifications, or remodeling,
16 including, without limitation, costs of a pre-installation
17 energy audit or analysis, design, engineering, installation,
18 maintenance, repairs, debt service, conversions to a different
19 energy or fuel source, or post-installation project
20 monitoring, data collection, and reporting. The evaluation
21 shall include a detailed analysis of whether either the energy
22 consumed or the operating costs, or both, will be reduced. If
23 technical assistance is not available by a licensed architect
24 or registered professional engineer on the unit of local
25 government's staff, then the evaluation of the proposal shall
26 be done by a registered professional engineer or architect who
27 is retained by the unit of local government. Any licensed
28 architect or registered professional engineer evaluating a
29 proposal under this Section may not have any financial or
30 contractual relationship with a qualified provider or other
31 source that would constitute a conflict of interest. The unit
32 of local government may pay a reasonable fee for evaluation of
33 the proposal or include the fee as part of the payments made
34 under Section 20.
35 (Source: P.A. 88-173.)
 

 

 

SB1827 Enrolled - 5 - LRB094 11389 MKM 42272 b

1     Section 10. The Public University Energy Conservation Act
2 is amended by adding Sections 3 and 4 and by changing Sections
3 5-10, 5-25, 10, 15, and 20 as follows:
 
4     (110 ILCS 62/3 new)
5     Sec. 3. Applicable laws. Other State laws and related
6 administrative requirements apply to this Act, including, but
7 not limited to, the following laws and related administrative
8 requirements: the Illinois Human Rights Act, the Prevailing
9 Wage Act, the Public Construction Bond Act, the Public Works
10 Preference Act, the Employment of Illinois Workers on Public
11 Works Act, the Freedom of Information Act, the Open Meetings
12 Act, the Illinois Architecture Practice Act of 1989, the
13 Professional Engineering Practice Act of 1989, the Structural
14 Engineering Practice Act of 1989, the Architectural,
15 Engineering, and Land Surveying Qualifications Based Selection
16 Act, the Public Contract Fraud Act, the Business Enterprise for
17 Minorities, Females, and Persons with Disabilities Act, and the
18 Public Works Employment Discrimination Act.
 
19     (110 ILCS 62/4 new)
20     Sec. 4. Applicability. In order to protect the integrity of
21 historic buildings, no provision of this Act shall be
22 interpreted to require the implementation of energy
23 conservation measures that conflict with respect to any
24 property eligible for, nominated to, or entered on the National
25 Register of Historic Places, pursuant to the National Historic
26 Preservation Act of 1966, or the Illinois Register of Historic
27 Places, pursuant to the Illinois Historic Preservation Act.
 
28     (110 ILCS 62/5-10)
29     Sec. 5-10. Energy conservation measure. "Energy
30 conservation measure" means any improvement, repair,
31 alteration, or betterment of any building or facility, subject
32 to all applicable building codes, owned or operated by a public

 

 

SB1827 Enrolled - 6 - LRB094 11389 MKM 42272 b

1 university or any equipment, fixture, or furnishing to be added
2 to or used in any such building or facility that is designed to
3 reduce energy consumption or operating costs, and may include,
4 without limitation, one or more of the following:
5         (1) Insulation of the building structure or systems
6     within the building.
7         (2) Storm windows or doors, caulking or
8     weatherstripping, multiglazed windows or doors, heat
9     absorbing or heat reflective glazed and coated window or
10     door systems, additional glazing, reductions in glass
11     area, or other window and door system modifications that
12     reduce energy consumption.
13         (3) Automated or computerized energy control systems.
14         (4) Heating, ventilating, or air conditioning system
15     modifications or replacements.
16         (5) Replacement or modification of lighting fixtures
17     to increase the energy efficiency of the lighting system
18     without increasing the overall illumination of a facility,
19     unless an increase in illumination is necessary to conform
20     to the applicable State or local building code for the
21     lighting system after the proposed modifications are made.
22         (6) Energy recovery systems.
23         (7) Energy conservation measures that provide
24     long-term operating cost reductions.
25 (Source: P.A. 90-486, eff. 8-17-97.)
 
26     (110 ILCS 62/5-25)
27     Sec. 5-25. Request for proposals. "Request for proposals"
28 means a competitive selection achieved by negotiated
29 procurement. The request for proposals shall be announced by
30 the public university that will administer the program in the
31 Illinois Public Higher Education Procurement Bulletin and
32 through at least one public notice, at least 14 10 days before
33 the request date, in a newspaper published in the county in
34 which that public university is located, or if no newspaper is
35 published in that county, in a newspaper of general circulation

 

 

SB1827 Enrolled - 7 - LRB094 11389 MKM 42272 b

1 in the area of that county, requesting innovative solutions and
2 proposals for energy conservation measures. Proposals
3 submitted shall be sealed. The request for proposals shall
4 include all of the following:
5         (1) The name and address of the public university that
6     will administer the program.
7         (2) The name, address, title, and phone number of a
8     contact person.
9         (3) Notice indicating that the public university is
10     requesting qualified providers to propose energy
11     conservation measures through a guaranteed energy savings
12     contract.
13         (4) The date, time, and place where proposals must be
14     received.
15         (5) The evaluation criteria for assessing the
16     proposals.
17         (6) Any other stipulations and clarifications the
18     public university may require.
19 (Source: P.A. 90-486, eff. 8-17-97.)
 
20     (110 ILCS 62/10)
21     Sec. 10. Evaluation of proposal. Before entering into a
22 guaranteed energy savings contract under Section 15, a public
23 university shall submit a request for proposals. The public
24 university shall evaluate any sealed proposal from a qualified
25 provider. The evaluation shall analyze the estimates of all
26 costs of installations, modifications or remodeling,
27 including, without limitation, costs of a pre-installation
28 energy audit or analysis, design, engineering, installation,
29 maintenance, repairs, debt service, conversions to a different
30 energy or fuel source, or post-installation project
31 monitoring, data collection, and reporting. The evaluation
32 shall include a detailed analysis of whether either the energy
33 consumed or the operating costs, or both, will be reduced. If
34 technical assistance is not available by a licensed architect
35 or registered professional engineer on the staff of the public

 

 

SB1827 Enrolled - 8 - LRB094 11389 MKM 42272 b

1 university, then the evaluation of the proposal shall be done
2 by a registered professional engineer or architect, who is
3 retained by the public university. Any licensed architect or
4 registered professional engineer evaluating a proposal under
5 this Section may not have any financial or contractual
6 relationship with a qualified provider or other source that
7 would constitute a conflict of interest. The public university
8 may pay a reasonable fee for evaluation of the proposal or
9 include the fee as part of the payments made under Section 20.
10 (Source: P.A. 90-486, eff. 8-17-97.)
 
11     (110 ILCS 62/15)
12     Sec. 15. Award of guaranteed energy savings contract.
13 Sealed proposals must be opened by the public university's
14 board of trustees or a designee of that board at a public
15 opening at which the contents of the proposals must be
16 announced. Each person or entity submitting a sealed proposal
17 must receive at least 10 days notice of the time and place of
18 the opening. The public university shall select the qualified
19 provider that best meets the needs of the university district.
20 The public university shall provide public notice of the
21 meeting at which it proposes to award a guaranteed energy
22 savings contract and of the names of the parties to the
23 proposed contract and the purpose of the contract. The public
24 notice shall be made at least 10 days prior to the meeting.
25 After evaluating the proposals under Section 10, a public
26 university may enter into a guaranteed energy savings contract
27 with a qualified provider if it finds that the amount it would
28 spend on the energy conservation measures recommended in the
29 proposal would not exceed the amount to be saved in either
30 energy or operational costs, or both, within a 20-year 10 year
31 period from the date of installation, if the recommendations in
32 the proposal are followed. Contracts let or awarded shall be
33 published in the next available subsequent Illinois Public
34 Higher Education Procurement Bulletin.
35 (Source: P.A. 90-486, eff. 8-17-97.)
 

 

 

SB1827 Enrolled - 9 - LRB094 11389 MKM 42272 b

1     (110 ILCS 62/20)
2     Sec. 20. Guarantee. The guaranteed energy savings contract
3 shall include a written guarantee of the qualified provider
4 that either the energy or operational cost savings, or both,
5 will meet or exceed within 20 10 years the costs of the energy
6 conservation measures. The qualified provider shall reimburse
7 the public university for any shortfall of guaranteed energy
8 savings projected in the contract. A qualified provider shall
9 provide a sufficient bond to the public university for the
10 installation and the faithful performance of all the measures
11 included in the contract. The guaranteed energy savings
12 contract may provide for payments over a period of time, not to
13 exceed 20 10 years from the date of final installation of the
14 measures.
15 (Source: P.A. 90-486, eff. 8-17-97.)
 
16     Section 15. The Public Community College Act is amended by
17 adding Sections 1-3 and 1-4 and by changing Sections 5A-10,
18 5A-25, 5A-30, 5A-35, and 5A-40 as follows:
 
19     (110 ILCS 805/1-3 new)
20     Sec. 1-3. Applicable laws. Other State laws and related
21 administrative requirements apply to this Act, including, but
22 not limited to, the following laws and related administrative
23 requirements: the Illinois Human Rights Act, the Prevailing
24 Wage Act, the Public Construction Bond Act, the Public Works
25 Preference Act, the Employment of Illinois Workers on Public
26 Works Act, the Freedom of Information Act, the Open Meetings
27 Act, the Illinois Architecture Practice Act of 1989, the
28 Professional Engineering Practice Act of 1989, the Structural
29 Engineering Practice Act of 1989, the Local Government
30 Professional Services Selection Act, and the Contractor
31 Unified License and Permit Bond Act.
 
32     (110 ILCS 805/1-4 new)

 

 

SB1827 Enrolled - 10 - LRB094 11389 MKM 42272 b

1     Sec. 1-4. Applicability. In order to protect the integrity
2 of historic buildings, no provision of this Act shall be
3 interpreted to require the implementation of energy
4 conservation measures that conflict with respect to any
5 property eligible for, nominated to, or entered on the National
6 Register of Historic Places, pursuant to the National Historic
7 Preservation Act of 1966, or the Illinois Register of Historic
8 Places, pursuant to the Illinois Historic Preservation Act.
 
9     (110 ILCS 805/5A-10)
10     Sec. 5A-10. Energy conservation measure. "Energy
11 conservation measure" means any improvement, repair,
12 alteration, or betterment of any building or facility owned or
13 operated by a community college district or any equipment,
14 fixture, or furnishing to be added to or used in any such
15 building or facility, subject to all applicable building codes,
16 that is designed to reduce energy consumption or operating
17 costs, and may include, without limitation, one or more of the
18 following:
19         (1) Insulation of the building structure or systems
20     within the building.
21         (2) Storm windows or doors, caulking or
22     weatherstripping, multiglazed windows or doors, heat
23     absorbing or heat reflective glazed and coated window or
24     door systems, additional glazing, reductions in glass
25     area, or other window and door system modifications that
26     reduce energy consumption.
27         (3) Automated or computerized energy control systems.
28         (4) Heating, ventilating, or air conditioning system
29     modifications or replacements.
30         (5) Replacement or modification of lighting fixtures
31     to increase the energy efficiency of the lighting system
32     without increasing the overall illumination of a facility,
33     unless an increase in illumination is necessary to conform
34     to the applicable State or local building code for the
35     lighting system after the proposed modifications are made.

 

 

SB1827 Enrolled - 11 - LRB094 11389 MKM 42272 b

1         (6) Energy recovery systems.
2         (7) Energy conservation measures that provide
3     long-term operating cost reductions.
4 (Source: P.A. 88-173.)
 
5     (110 ILCS 805/5A-25)
6     Sec. 5A-25. Request for proposals. "Request for proposals"
7 means a competitive selection achieved by negotiated
8 procurement. The request for proposals shall be announced in
9 the Illinois Procurement Bulletin and through at least one
10 public notice, at least 14 10 days before the request date in a
11 newspaper published in the district, or if no newspaper is
12 published in the district, in a newspaper of general
13 circulation in the area of the district, by a community college
14 district that will administer the program, requesting
15 innovative solutions and proposals for energy conservation
16 measures. Proposals submitted shall be sealed. The request for
17 proposals shall include all of the following:
18         (1) The name and address of the community college
19     district.
20         (2) The name, address, title, and phone number of a
21     contact person.
22         (3) Notice indicating that the community college
23     district is requesting qualified providers to propose
24     energy conservation measures through a guaranteed energy
25     savings contract.
26         (4) The date, time, and place where proposals must be
27     received.
28         (5) The evaluation criteria for assessing the
29     proposals.
30         (6) Any other stipulations and clarifications the
31     community college district may require.
32 (Source: P.A. 88-173.)
 
33     (110 ILCS 805/5A-30)
34     Sec. 5A-30. Evaluation of proposal. Before entering into a

 

 

SB1827 Enrolled - 12 - LRB094 11389 MKM 42272 b

1 guaranteed energy savings contract under Section 5A-35, a
2 community college district shall submit a request for
3 proposals. The community college district shall evaluate any
4 sealed proposal from a qualified provider. The evaluation shall
5 analyze the estimates of all costs of installations,
6 modifications or remodeling, including, without limitation,
7 costs of a pre-installation energy audit or analysis, design,
8 engineering, installation, maintenance, repairs, debt service,
9 conversions to a different energy or fuel source, or
10 post-installation project monitoring, data collection, and
11 reporting. The evaluation shall include a detailed analysis of
12 whether either the energy consumed or the operating costs, or
13 both, will be reduced. If technical assistance is not available
14 by a licensed architect or registered professional engineer on
15 the community college district staff, then the evaluation of
16 the proposal shall be done by a registered professional
17 engineer or architect, who is retained by the community college
18 district. Any licensed architect or registered professional
19 engineer evaluating a proposal under this Section may not have
20 any financial or contractual relationship with a qualified
21 provider or other source that would constitute a conflict of
22 interest. The community college district may pay a reasonable
23 fee for evaluation of the proposal or include the fee as part
24 of the payments made under Section 5A-40.
25 (Source: P.A. 88-173.)
 
26     (110 ILCS 805/5A-35)
27     Sec. 5A-35. Award of guaranteed energy savings contract.
28 Sealed proposals must be opened by a member or employee of the
29 community college board at a public opening at which the
30 contents of the proposals must be announced. Each person or
31 entity submitting a sealed proposal must receive at least 10
32 days notice of the time and place of the opening. The community
33 college district shall select the qualified provider that best
34 meets the needs of the district. The community college district
35 shall provide public notice of the meeting at which it proposes

 

 

SB1827 Enrolled - 13 - LRB094 11389 MKM 42272 b

1 to award a guaranteed energy savings contract of the names of
2 the parties to the proposed contract and of the purpose of the
3 contract. The public notice shall be made at least 10 days
4 prior to the meeting. After evaluating the proposals under
5 Section 5A-30, a community college district may enter into a
6 guaranteed energy savings contract with a qualified provider if
7 it finds that the amount it would spend on the energy
8 conservation measures recommended in the proposal would not
9 exceed the amount to be saved in either energy or operational
10 costs, or both, within a 20-year 10 year period from the date
11 of installation, if the recommendations in the proposal are
12 followed. Contracts let or awarded shall be published in the
13 next available subsequent Illinois Procurement Bulletin.
14 (Source: P.A. 88-173.)
 
15     (110 ILCS 805/5A-40)
16     Sec. 5A-40. Guarantee. The guaranteed energy savings
17 contract shall include a written guarantee of the qualified
18 provider that either the energy or operational cost savings, or
19 both, will meet or exceed within 20 10 years the costs of the
20 energy conservation measures. The qualified provider shall
21 reimburse the community college district for any shortfall of
22 guaranteed energy savings projected in the contract. A
23 qualified provider shall provide a sufficient bond to the
24 community college district for the installation and the
25 faithful performance of all the measures included in the
26 contract. The guaranteed energy savings contract may provide
27 for payments over a period of time, not to exceed 20 10 years
28 from the date of final installation of the measures.
29 (Source: P.A. 88-173; 88-615, eff. 9-9-94.)
 
30     Section 99. Effective date. This Act takes effect upon
31 becoming law.