Full Text of HB0718 94th General Assembly
HB0718 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0718
Introduced 02/01/05, by Rep. Harry Osterman SYNOPSIS AS INTRODUCED: |
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50 ILCS 515/5 |
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50 ILCS 515/15 |
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50 ILCS 515/20 |
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105 ILCS 5/19b-1.1 |
from Ch. 122, par. 19b-1.1 |
105 ILCS 5/19b-1.5 new |
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110 ILCS 62/5-10 |
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110 ILCS 62/5-23 new |
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110 ILCS 62/15 |
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110 ILCS 62/20 |
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110 ILCS 805/5A-10 |
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110 ILCS 805/5A-23 new |
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110 ILCS 805/5A-35 |
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110 ILCS 805/5A-40 |
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Amends the Local Government Energy Conservation Act, the School Code, the Public University Energy Conservation Act, and the Public Community College Act. Defines "related capital expenditures". Defines "energy conservation measure" to include energy conservation measures that reduce energy consumption or reduce operating costs, including future labor costs, future costs for contracted services, and related capital expenditures. Defines "related capital expenditures". Provides that a unit of local government, public university, or public community college may enter into a guaranteed energy savings contract 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 (now, a 10-year period) from the date of installation, if the recommendations in the proposal are followed. Makes corresponding changes. For purposes of the Local Government Energy Conservation Act, defines "unit of local government" to include park districts. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0718 |
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LRB094 04171 MKM 34983 b |
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| AN ACT concerning energy conservation.
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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 | 5 |
| amended by changing Sections 5, 15, and 20 as follows:
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| (50 ILCS 515/5)
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| Sec. 5. Definitions. As used in this Act, unless the | 8 |
| context clearly
requires otherwise:
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| "Energy conservation
measure" means any improvement, | 10 |
| repair, alteration, or betterment of any
building or facility | 11 |
| owned or operated by a unit of local government or any
| 12 |
| equipment, fixture, or furnishing to be added to or used in any
| 13 |
| such building or facility
that is designed to reduce
energy | 14 |
| consumption or operating costs, and may include, without | 15 |
| limitation,
one or more of the following:
| 16 |
| (1) Insulation of the building structure or systems | 17 |
| within the building.
| 18 |
| (2) Storm windows or doors, caulking or | 19 |
| weatherstripping, multiglazed
windows or doors, heat | 20 |
| absorbing or heat reflective glazed and coated
window or | 21 |
| door systems, additional glazing, reductions in glass | 22 |
| area, or
other window and door system modifications that | 23 |
| 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 | 26 |
| modifications or
replacements.
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| (5) Replacement or modification of lighting fixtures | 28 |
| to increase the
energy efficiency of the lighting system | 29 |
| without increasing the overall
illumination of a facility, | 30 |
| unless an increase in illumination is necessary
to conform | 31 |
| to the applicable State or local building code for the | 32 |
| lighting
system after the proposed modifications are made.
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LRB094 04171 MKM 34983 b |
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| (6) Energy recovery systems.
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| (7) (Blank).
Energy conservation measures that provide | 3 |
| long-term operating cost
reductions.
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| (8) Other energy conservation measures that reduce | 5 |
| energy consumption or reduce operating costs, including | 6 |
| future labor costs, future costs for contracted services, | 7 |
| and related capital expenditures.
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| "Guaranteed energy savings contract" means a contract for: | 9 |
| (i) the
implementation of an
energy audit, data collection, and | 10 |
| other related analyses preliminary to
the undertaking of energy | 11 |
| conservation measures; (ii) the evaluation and
recommendation | 12 |
| of
energy conservation measures; (iii) the implementation of | 13 |
| one or more
energy conservation measures; and (iv) the | 14 |
| implementation of project
monitoring and data collection to | 15 |
| verify post-installation energy
consumption and energy-related | 16 |
| operating costs. The contract shall provide
that all payments, | 17 |
| except
obligations on termination of the contract before its | 18 |
| expiration, are to be
made over time and that the savings are | 19 |
| guaranteed to the extent necessary
to pay the costs of
the | 20 |
| energy conservation measures.
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| "Qualified provider" means a person
or business whose | 22 |
| employees are experienced and trained in the design,
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| implementation, or installation of
energy conservation | 24 |
| measures. The minimum training required for any person
or | 25 |
| employee under this paragraph shall be the satisfactory | 26 |
| completion of at
least 40 hours of course instruction dealing | 27 |
| with energy conservation
measures. A qualified provider to whom | 28 |
| the contract is
awarded shall give a sufficient bond to the | 29 |
| unit of local government for its
faithful performance.
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| "Related capital expenditures" includes the following | 31 |
| capital costs: | 32 |
| (1) costs that the unit of local government reasonably | 33 |
| believes will be incurred during the contract term; | 34 |
| (2) costs that are part of or are causally connected to | 35 |
| the energy conservation measures being implemented; | 36 |
| (3) costs that are documented by industry engineering |
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LRB094 04171 MKM 34983 b |
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| standards.
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| "Request for proposals" means a
negotiated procurement. | 3 |
| The request for proposals shall be announced
through at least | 4 |
| one public notice, at least 10 days before the request
date in | 5 |
| a newspaper published in the territory comprising the unit of | 6 |
| local
government or, if no newspaper is
published in that | 7 |
| territory, in a newspaper of general circulation in the
area of | 8 |
| the unit of local government, from a unit of local government | 9 |
| that will
administer the
program, requesting innovative | 10 |
| solutions and proposals for energy
conservation measures. | 11 |
| Proposals submitted shall be sealed. The request
for proposals | 12 |
| shall include all of the following:
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| (1) The name and address of the unit of local | 14 |
| government.
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| (2) The name, address, title, and phone number of a | 16 |
| contact person.
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| (3) Notice indicating that the unit of local government | 18 |
| is requesting
qualified
providers to propose energy | 19 |
| conservation measures through a guaranteed
energy savings | 20 |
| contract.
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| (4) The date, time, and place where proposals must be | 22 |
| received.
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| (5) The evaluation criteria for assessing the | 24 |
| proposals.
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| (6) Any other stipulations and clarifications the unit | 26 |
| of local government
may require.
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| "Unit of local government" means a county, township, or
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| municipality , or park district .
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| (Source: P.A. 88-173.)
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| (50 ILCS 515/15)
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| Sec. 15. Award of guaranteed energy savings contract. | 32 |
| Sealed
proposals must be opened by a member of the unit of | 33 |
| local government's
governing body or an employee of the unit of | 34 |
| local government at a
public opening at which the contents of | 35 |
| the proposals must be announced.
Each person or entity |
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LRB094 04171 MKM 34983 b |
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| submitting a sealed proposal must receive at least 10
days | 2 |
| notice of the time and place of the opening. The unit of local | 3 |
| government
shall select the qualified provider that best meets | 4 |
| the needs of
the unit of local government. The unit of local | 5 |
| government shall provide
public notice of (i) the
meeting at | 6 |
| which it proposes to award a guaranteed energy savings | 7 |
| contract,
(ii) the names of the parties to the proposed | 8 |
| contract, and (iii) the purpose
of
the contract. The public | 9 |
| notice shall be made at least 10 days prior to
the meeting. | 10 |
| After evaluating the proposals under Section 10, a unit of | 11 |
| local
government may enter into a guaranteed energy savings | 12 |
| contract with a
qualified provider if it finds that the amount | 13 |
| it would spend on the energy
conservation measures recommended | 14 |
| in the proposal would not exceed the
amount to be saved in | 15 |
| either energy or operational costs, or both, within a
20-year
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| 10 year period from the date of installation, if the | 17 |
| recommendations in
the proposal are followed.
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| (Source: P.A. 88-173.)
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| (50 ILCS 515/20)
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| Sec. 20. Guarantee. The guaranteed energy savings contract | 21 |
| shall
include a written guarantee of the qualified provider | 22 |
| that either the
energy or operational cost savings, or both, | 23 |
| will meet or exceed within 20
10
years the costs of the energy | 24 |
| conservation measures. The qualified provider
shall reimburse | 25 |
| the unit of local government for any shortfall of guaranteed
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| energy
savings projected in the contract. A qualified provider | 27 |
| shall provide a
sufficient bond to the unit of local government | 28 |
| for the installation and the
faithful performance of all the | 29 |
| measures included in the contract. The
guaranteed energy | 30 |
| savings contract may provide for payments over a period
of | 31 |
| time, not to exceed 20
10 years from the date of the final | 32 |
| installation of
the measures.
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| (Source: P.A. 88-173; 88-615, eff. 9-9-94.)
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| Section 10. The School Code is amended by changing Section |
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HB0718 |
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LRB094 04171 MKM 34983 b |
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| 19b-1.1 and by adding Section 19b-1.5 as follows:
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| (105 ILCS 5/19b-1.1) (from Ch. 122, par. 19b-1.1)
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| Sec. 19b-1.1. Energy conservation measure. "Energy | 4 |
| conservation
measure" means any improvement, repair, | 5 |
| alteration, or betterment of any
building or facility owned or | 6 |
| operated by a school district or area
vocational center 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
that is designed to reduce
energy | 9 |
| consumption or operating costs, and may include, without | 10 |
| limitation,
one or more of the following:
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| (1) Insulation of the building structure or systems | 12 |
| within the building.
| 13 |
| (2) Storm windows or doors, caulking or | 14 |
| weatherstripping, multiglazed
windows or doors, heat | 15 |
| absorbing or heat reflective glazed and coated
window or | 16 |
| door systems, additional glazing, reductions in glass | 17 |
| area, or
other window and door system modifications that | 18 |
| 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 | 21 |
| modifications or replacements.
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| (5) Replacement or modification of lighting fixtures | 23 |
| to increase the
energy efficiency of the lighting system | 24 |
| without increasing the overall
illumination of a facility, | 25 |
| unless an increase in illumination is necessary
to conform | 26 |
| to the applicable State or local building code for the | 27 |
| lighting
system after the proposed modifications are made.
| 28 |
| (6) Energy recovery systems.
| 29 |
| (7) (Blank).
Energy conservation measures that provide | 30 |
| long-term operating cost
reductions. | 31 |
| (8) Other energy conservation measures that reduce | 32 |
| energy consumption or reduce operating costs, including | 33 |
| future labor costs, future costs for contracted services, | 34 |
| and related capital expenditures.
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| (Source: P.A. 92-767, eff. 8-6-02.)
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HB0718 |
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LRB094 04171 MKM 34983 b |
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| (105 ILCS 5/19b-1.5 new) | 2 |
| Sec. 19b-1.5. Related capital expenditures. "Related | 3 |
| capital expenditures" includes the following capital costs: | 4 |
| (1) costs that the school district or area vocational | 5 |
| center reasonably believes will be incurred during the | 6 |
| contract term; | 7 |
| (2) costs that are part of or are causally connected to | 8 |
| energy conservation measures; and | 9 |
| (3) costs that are documented by industry engineering | 10 |
| standards. | 11 |
| Section 15. The Public University Energy Conservation Act | 12 |
| is amended by changing Sections 5-10, 15, and 20 and by adding | 13 |
| Section 5-23 as follows:
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| (110 ILCS 62/5-10)
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| Sec. 5-10. Energy conservation measure. "Energy | 16 |
| conservation
measure" means any improvement, repair, | 17 |
| alteration, or betterment of any
building or facility owned or | 18 |
| operated by a public university or any
equipment, fixture, or | 19 |
| furnishing to be added to or used in any
such building or | 20 |
| facility
that is designed to reduce
energy consumption or | 21 |
| operating costs, and may include, without limitation,
one or | 22 |
| more of the following:
| 23 |
| (1) Insulation of the building structure or systems | 24 |
| within the building.
| 25 |
| (2) Storm windows or doors, caulking or | 26 |
| weatherstripping, multiglazed
windows or doors, heat | 27 |
| absorbing or heat reflective glazed and coated
window or | 28 |
| door systems, additional glazing, reductions in glass | 29 |
| area, or
other window and door system modifications that | 30 |
| reduce energy consumption.
| 31 |
| (3) Automated or computerized energy control systems.
| 32 |
| (4) Heating, ventilating, or air conditioning system | 33 |
| modifications or
replacements.
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HB0718 |
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LRB094 04171 MKM 34983 b |
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| (5) Replacement or modification of lighting fixtures | 2 |
| to increase the
energy efficiency of the lighting system | 3 |
| without increasing the overall
illumination of a facility, | 4 |
| unless an increase in illumination is necessary
to conform | 5 |
| to the applicable State or local building code for the | 6 |
| lighting
system after the proposed modifications are made.
| 7 |
| (6) Energy recovery systems.
| 8 |
| (7) (Blank).
Energy conservation measures that provide | 9 |
| long-term operating cost
reductions. | 10 |
| (8) Other energy conservation measures that reduce | 11 |
| energy consumption or reduce operating costs, including | 12 |
| future labor costs, future costs for contracted services, | 13 |
| and related capital expenditures.
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| (Source: P.A. 90-486, eff. 8-17-97.)
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| (110 ILCS 62/5-23 new) | 16 |
| Sec. 5-23. Related capital expenditures. "Related capital | 17 |
| expenditures" includes the following capital costs: | 18 |
| (1) costs that the public university reasonably | 19 |
| believes will be incurred during the contract term; | 20 |
| (2) costs that are part of or are causally connected to | 21 |
| energy conservation measures; and | 22 |
| (3) costs that are documented by industry engineering | 23 |
| standards.
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| (110 ILCS 62/15)
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| Sec. 15. Award of guaranteed energy savings contract. | 26 |
| Sealed
proposals must be opened by the public university's | 27 |
| board of trustees or a
designee of that board at a
public | 28 |
| opening at which the contents of the proposals must be | 29 |
| announced.
Each person or entity submitting a sealed proposal | 30 |
| must receive at least 10
days notice of the time and place of | 31 |
| the opening.
The public university
shall select the qualified | 32 |
| provider that best meets the needs of
the district. The public | 33 |
| university shall provide public notice of
the
meeting at which | 34 |
| it proposes to award a guaranteed energy savings contract
and |
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HB0718 |
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LRB094 04171 MKM 34983 b |
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| of the names of the parties to the proposed contract and the | 2 |
| purpose of
the contract. The public notice shall be made at | 3 |
| least 10 days prior to
the meeting. After evaluating the | 4 |
| proposals under Section 10, a public
university
may enter into | 5 |
| a guaranteed energy savings contract with a
qualified provider | 6 |
| if it finds that the amount it would spend on the
energy
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| conservation measures recommended in the proposal would not | 8 |
| exceed the
amount to be saved in either energy or operational | 9 |
| costs, or both, within a
20-year
10 year period from the date | 10 |
| of installation, if the recommendations in
the proposal are | 11 |
| followed.
| 12 |
| (Source: P.A. 90-486, eff. 8-17-97.)
| 13 |
| (110 ILCS 62/20)
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| Sec. 20. Guarantee. The guaranteed energy savings contract | 15 |
| shall
include a written guarantee of the qualified provider | 16 |
| that either the
energy or operational cost savings, or both, | 17 |
| will meet or exceed within 20
10
years the costs
of the energy | 18 |
| conservation measures. The qualified provider
shall reimburse | 19 |
| the public university for any shortfall of guaranteed
energy
| 20 |
| savings projected in the contract. A qualified provider shall | 21 |
| provide a
sufficient bond to the public university for the | 22 |
| installation and the
faithful performance of all the measures | 23 |
| included in the contract. The
guaranteed energy savings | 24 |
| contract may provide for payments over a period
of time, not to | 25 |
| exceed 20
10 years from the date of final installation of the
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| measures.
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| (Source: P.A. 90-486, eff. 8-17-97.)
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| Section 20. The Public Community College Act is amended by | 29 |
| changing Sections 5A-10, 5A-35, and 5A-40 and by adding Section | 30 |
| 5A-23 as follows:
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| (110 ILCS 805/5A-10)
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| Sec. 5A-10. Energy conservation measure. "Energy | 33 |
| conservation
measure" means any improvement, repair, |
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HB0718 |
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LRB094 04171 MKM 34983 b |
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| alteration, or betterment of any
building or facility owned or | 2 |
| operated by a community college district or any
equipment, | 3 |
| fixture, or furnishing to be added to or used in any
such | 4 |
| building or facility
that is designed to reduce
energy | 5 |
| consumption or operating costs, and may include, without | 6 |
| limitation,
one or more of the following:
| 7 |
| (1) Insulation of the building structure or systems | 8 |
| within the building.
| 9 |
| (2) Storm windows or doors, caulking or | 10 |
| weatherstripping, multiglazed
windows or doors, heat | 11 |
| absorbing or heat reflective glazed and coated
window or | 12 |
| door systems, additional glazing, reductions in glass | 13 |
| area, or
other window and door system modifications that | 14 |
| reduce energy consumption.
| 15 |
| (3) Automated or computerized energy control systems.
| 16 |
| (4) Heating, ventilating, or air conditioning system | 17 |
| modifications or replacements.
| 18 |
| (5) Replacement or modification of lighting fixtures | 19 |
| to increase the
energy efficiency of the lighting system | 20 |
| without increasing the overall
illumination of a facility, | 21 |
| unless an increase in illumination is necessary
to conform | 22 |
| to the applicable State or local building code for the | 23 |
| lighting
system after the proposed modifications are made.
| 24 |
| (6) Energy recovery systems.
| 25 |
| (7) (Blank).
Energy conservation measures that provide | 26 |
| long-term operating cost reductions.
| 27 |
| (8) Other energy conservation measures that reduce | 28 |
| energy consumption or reduce operating costs, including | 29 |
| future labor costs, future costs for contracted services, | 30 |
| and related capital expenditures.
| 31 |
| (Source: P.A. 88-173.)
| 32 |
| (110 ILCS 805/5A-23 new) | 33 |
| Sec. 5A-23. Related capital expenditures. "Related capital | 34 |
| expenditures" includes the following capital costs: | 35 |
| (1) costs that the public university reasonably |
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HB0718 |
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LRB094 04171 MKM 34983 b |
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| believes will be incurred during the contract term; | 2 |
| (2) costs that are part of or are causally connected to | 3 |
| energy conservation measures being implemented; and | 4 |
| (3) costs that are documented by industry engineering | 5 |
| standards. | 6 |
|
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| (110 ILCS 805/5A-35)
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| Sec. 5A-35. Award of guaranteed energy savings contract. | 9 |
| Sealed
proposals must be opened by a member or employee of the | 10 |
| community college board
at a
public opening at which the | 11 |
| contents of the proposals must be announced.
Each person or | 12 |
| entity submitting a sealed proposal must receive at least 10
| 13 |
| days notice of the time and place of the opening.
The community | 14 |
| college
district shall select the qualified provider that best | 15 |
| meets the needs of
the district. The community college district | 16 |
| shall provide public notice of
the
meeting at which it proposes | 17 |
| to award a guaranteed energy savings contract
of the names of | 18 |
| the parties to the proposed contract and of the purpose of
the | 19 |
| contract. The public notice shall be made at least 10 days | 20 |
| prior to
the meeting. After evaluating the proposals under | 21 |
| Section 5A-30, a community
college
district may enter into a | 22 |
| guaranteed energy savings contract with a
qualified provider if | 23 |
| it finds that the amount it would spend on the
energy
| 24 |
| conservation measures recommended in the proposal would not | 25 |
| exceed the
amount to be saved in either energy or operational | 26 |
| costs, or both, within a
20-year
10 year period from the date | 27 |
| of installation, if the recommendations in
the proposal are | 28 |
| followed.
| 29 |
| (Source: P.A. 88-173.)
| 30 |
| (110 ILCS 805/5A-40)
| 31 |
| Sec. 5A-40. Guarantee. The guaranteed energy savings | 32 |
| contract shall
include a written guarantee of the qualified | 33 |
| provider that either the
energy or operational cost savings, or | 34 |
| both, will meet or exceed within 20
10
years the costs
of the |
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|
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HB0718 |
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LRB094 04171 MKM 34983 b |
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| 1 |
| energy conservation measures. The qualified provider
shall | 2 |
| reimburse the community college district for any shortfall of | 3 |
| guaranteed
energy
savings projected in the contract. A | 4 |
| qualified provider shall provide a
sufficient bond to the | 5 |
| community college district for the installation and the
| 6 |
| faithful performance of all the measures included in the | 7 |
| contract. The
guaranteed energy savings contract may provide | 8 |
| for payments over a period
of time, not to exceed 20
10 years | 9 |
| from the date of final installation of the
measures.
| 10 |
| (Source: P.A. 88-173; 88-615, eff. 9-9-94.)
| 11 |
| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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