Full Text of SB1827 94th General Assembly
SB1827eng 94TH GENERAL ASSEMBLY
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SB1827 Engrossed |
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LRB094 11389 MKM 42272 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
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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 | 14 |
| consumption or operating costs, and may include, without | 15 |
| limitation,
one or more of the following:
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| (1) Insulation of the building structure or systems | 17 |
| within the building.
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| (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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SB1827 Engrossed |
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LRB094 11389 MKM 42272 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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SB1827 Engrossed |
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LRB094 11389 MKM 42272 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 11389 MKM 42272 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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SB1827 Engrossed |
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LRB094 11389 MKM 42272 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.
| 35 |
| (Source: P.A. 92-767, eff. 8-6-02.)
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SB1827 Engrossed |
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LRB094 11389 MKM 42272 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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SB1827 Engrossed |
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LRB094 11389 MKM 42272 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.
| 14 |
| (Source: P.A. 90-486, eff. 8-17-97.)
| 15 |
| (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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SB1827 Engrossed |
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LRB094 11389 MKM 42272 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
| 7 |
| 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)
| 14 |
| 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
| 26 |
| measures.
| 27 |
| (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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SB1827 Engrossed |
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LRB094 11389 MKM 42272 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 community college district |
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|
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SB1827 Engrossed |
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LRB094 11389 MKM 42272 b |
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| 1 |
| reasonably believes will be incurred during the contract | 2 |
| term; | 3 |
| (2) costs that are part of or are causally connected to | 4 |
| energy conservation measures being implemented; and | 5 |
| (3) costs that are documented by industry engineering | 6 |
| standards.
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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 |
|
|
|
SB1827 Engrossed |
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LRB094 11389 MKM 42272 b |
|
| 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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