Full Text of SB1183 95th General Assembly
SB1183sam001 95TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 3/23/2007
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| AMENDMENT TO SENATE BILL 1183
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| AMENDMENT NO. ______. Amend Senate Bill 1183 immediately | 3 |
| below the title, by inserting the following: | 4 |
| "WHEREAS, Units of local government, public community | 5 |
| college districts, public universities, and public school | 6 |
| districts should be encouraged to enter into guaranteed energy | 7 |
| savings contracts for the purchase and installation of energy | 8 |
| conservation measures, when and where appropriate; and | 9 |
| WHEREAS, It is desirable for units of local government, | 10 |
| public community college districts, public universities, and | 11 |
| public school districts to have flexibility in choosing the | 12 |
| most appropriate means by which to pay for the costs of | 13 |
| purchasing and installing energy conservation measures, | 14 |
| including without limitation entering into installment payment | 15 |
| contracts or lease purchase agreements with qualified | 16 |
| providers or other third-party lenders, as authorized by law; |
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| therefore"; and | 2 |
| by replacing everything after the enacting clause with the | 3 |
| following:
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| "Section 3. The Local Government Energy Conservation Act is | 5 |
| amended by changing Section 25 as follows:
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| (50 ILCS 515/25)
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| Sec. 25. Installment payment; lease purchase. A unit of | 8 |
| local
government, or
units of local government in combination, | 9 |
| may enter into an
installment payment contract or lease | 10 |
| purchase agreement with a qualified
provider or with a | 11 |
| third-party lender, as authorized by law, for the purchase and | 12 |
| installation of energy conservation measures by a qualified | 13 |
| provider .
Every unit of local government may issue certificates | 14 |
| evidencing the
indebtedness
incurred pursuant to the contracts | 15 |
| or agreements. Any such contract or
agreement shall be valid | 16 |
| whether or not an appropriation with respect
thereto is first | 17 |
| included in any annual or supplemental budget adopted by
the | 18 |
| unit of local government. Each contract or agreement entered
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| into by a unit of local government pursuant to this Section | 20 |
| shall be authorized
by
resolution of the unit of local | 21 |
| government's governing body.
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| (Source: P.A. 88-173.)
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| Section 5. The School Code is amended by changing Sections | 2 |
| 19b-1.1, 19b-1.4, 19b-2, 19b-3, and 19b-5 and by adding | 3 |
| Sections 19b-15 and 19b-20 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 | 6 |
| conservation
measure" means any improvement, repair, | 7 |
| alteration, or betterment of any
building or facility owned or | 8 |
| 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 , subject to the building code | 11 |
| authorized in Section 2-3.12 of this Code,
that is designed to | 12 |
| reduce
energy consumption or operating costs, and may include, | 13 |
| without limitation,
one or more of the following:
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| (1) Insulation of the building structure or systems | 15 |
| within the building.
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| (2) Storm windows or doors, caulking or | 17 |
| weatherstripping, multiglazed
windows or doors, heat | 18 |
| absorbing or heat reflective glazed and coated
window or | 19 |
| door systems, additional glazing, reductions in glass | 20 |
| area, or
other window and door system modifications that | 21 |
| 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 | 24 |
| modifications or replacements.
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| (5) Replacement or modification of lighting fixtures |
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| to increase the
energy efficiency of the lighting system | 2 |
| without increasing the overall
illumination of a facility, | 3 |
| unless an increase in illumination is necessary
to conform | 4 |
| to the applicable State or local building code for the | 5 |
| lighting
system after the proposed modifications are made.
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| (6) Energy recovery systems.
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| (7) Energy conservation measures that provide | 8 |
| long-term operating cost
reductions.
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| (Source: P.A. 92-767, eff. 8-6-02.)
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| (105 ILCS 5/19b-1.4) (from Ch. 122, par. 19b-1.4)
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| Sec. 19b-1.4. Request for proposals. "Request for | 12 |
| proposals" means a
competitive selection achieved by
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| negotiated procurement. The request for proposals shall be | 14 |
| announced in the Illinois Procurement Bulletin and
through at | 15 |
| least one public notice, at least 14
10 days before the request
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| date in a newspaper published in the district or vocational | 17 |
| center area, or
if no newspaper is
published in the district or | 18 |
| vocational center area, in a newspaper of
general
circulation | 19 |
| in the
area of the district or vocational center, from a school | 20 |
| district or area
vocational center that will administer the
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| program, requesting innovative solutions and proposals for | 22 |
| energy
conservation measures. Proposals submitted shall be | 23 |
| sealed. The request
for proposals shall include all of the | 24 |
| following:
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| (1) The name and address of the school district or area |
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| vocation
center.
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| (2) The name, address, title, and phone number of a | 3 |
| contact person.
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| (3) Notice indicating that the school district or area | 5 |
| vocational
center is requesting qualified
providers to | 6 |
| propose energy conservation measures through a guaranteed
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| energy savings contract.
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| (4) The date, time, and place where proposals must be | 9 |
| received.
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| (5) The evaluation criteria for assessing the | 11 |
| proposals.
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| (6) Any other stipulations and clarifications the | 13 |
| school district or
area vocational center may require.
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| (Source: P.A. 92-767, eff. 8-6-02.)
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| (105 ILCS 5/19b-2) (from Ch. 122, par. 19b-2)
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| Sec. 19b-2. Evaluation of proposal. Before entering into a | 17 |
| guaranteed
energy savings contract under Section 19b-3, a | 18 |
| school district or area
vocational center shall submit
a | 19 |
| request for proposals. The school district or area vocational | 20 |
| center
shall evaluate any sealed
proposal from a qualified | 21 |
| provider. The evaluation shall analyze the estimates
of all | 22 |
| costs of installations, modifications or remodeling, | 23 |
| including, without
limitation, costs of a pre-installation | 24 |
| energy audit or analysis, design,
engineering, installation, | 25 |
| maintenance, repairs, debt
service, conversions to a different |
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| energy or fuel source, or
post-installation project | 2 |
| monitoring, data collection, and reporting. The
evaluation | 3 |
| shall include a detailed analysis of whether either the energy
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| consumed or the operating costs, or both, will be reduced. If | 5 |
| technical
assistance is not available by a licensed architect | 6 |
| or registered
professional engineer on the school district or | 7 |
| area vocational center
staff, then the evaluation of
the | 8 |
| proposal shall be done by a registered professional engineer or
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| architect, who is retained by the school district or area | 10 |
| vocational
center. A licensed architect or registered | 11 |
| professional engineer evaluating a proposal under this Section | 12 |
| must not have any financial or contractual relationship with a | 13 |
| qualified provider or other source that would constitute a | 14 |
| conflict of interest. The school district or area vocational | 15 |
| center may
pay a reasonable fee for evaluation of the proposal | 16 |
| or include the fee as
part of the payments made under Section | 17 |
| 19b-4.
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| (Source: P.A. 92-767, eff. 8-6-02.)
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| (105 ILCS 5/19b-3) (from Ch. 122, par. 19b-3)
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| Sec. 19b-3. Award of guaranteed energy savings contract. | 21 |
| Sealed
proposals must be opened by a member or employee of the | 22 |
| school board or
governing board of the area vocational center, | 23 |
| whichever is applicable, at a
public opening at which the | 24 |
| contents of the proposals must be announced.
Each person or | 25 |
| entity submitting a sealed proposal must receive at least 13
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| days notice of the time and place of the opening. The school
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| district or area vocational center shall select the qualified | 3 |
| provider that
best meets the needs of
the district or area | 4 |
| vocational center. The school district or area
vocational | 5 |
| center shall provide public notice of the
meeting at which it | 6 |
| proposes to award a guaranteed energy savings contract
of the | 7 |
| names of the parties to the proposed contract and of the | 8 |
| purpose of
the contract. The public notice shall be made at | 9 |
| least 10 days prior to
the meeting. After evaluating the | 10 |
| proposals under Section 19b-2, a school
district or area | 11 |
| vocational center 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 | 16 |
| period from the date of installation, if the
recommendations in
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| the proposal are followed. Contracts let or awarded must be | 18 |
| published in the next available subsequent Illinois | 19 |
| Procurement Bulletin.
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| (Source: P.A. 92-767, eff. 8-6-02.)
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| (105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)
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| Sec. 19b-5. Installment payment; lease purchase. A school | 23 |
| district or
school districts in combination or an area | 24 |
| vocational center may enter into
an
installment payment | 25 |
| contract or lease purchase agreement with a qualified
provider |
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| or with a third-party lender, as authorized by law, for the | 2 |
| purchase and installation of energy conservation measures by a | 3 |
| qualified provider .
Every school district or area vocational | 4 |
| center may issue certificates
evidencing the indebtedness
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| incurred pursuant to the contracts or agreements. Any such | 6 |
| contract or
agreement shall be valid whether or not an | 7 |
| appropriation with respect
thereto is first included in any | 8 |
| annual or supplemental budget adopted by
the school district or | 9 |
| area vocational center. Each contract or agreement
entered
into | 10 |
| by a school district or area vocational center pursuant to this
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| Section shall be authorized by
resolution of the school board | 12 |
| or governing board of the area vocational
center, whichever is | 13 |
| applicable.
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| (Source: P.A. 92-767, eff. 8-6-02.)
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| (105 ILCS 5/19b-15 new) | 16 |
| Sec. 19b-15. Applicable laws. Other State laws and related | 17 |
| administrative requirements apply to this Article, including, | 18 |
| but not limited to, the following laws and related | 19 |
| administrative requirements: the Illinois Human Rights Act, | 20 |
| the Prevailing Wage Act, the Public Construction Bond Act, the | 21 |
| Public Works Preference Act, the Employment of Illinois Workers | 22 |
| on Public Works Act, the Freedom of Information Act, the Open | 23 |
| Meetings Act, the Illinois Architecture Practice Act of 1989, | 24 |
| the Professional Engineering Practice Act of 1989, the | 25 |
| Structural Engineering Practice Act of 1989, the Local |
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| Government Professional Services Selection Act, and the | 2 |
| Contractor Unified License and Permit Bond Act. | 3 |
| (105 ILCS 5/19b-20 new) | 4 |
| Sec. 19b-20. Historic preservation. In order to protect | 5 |
| the integrity of historic buildings, no provision of this | 6 |
| Article shall be interpreted to require the implementation of | 7 |
| energy conservation measures that conflict with respect to any | 8 |
| property eligible for, nominated to, or entered on the National | 9 |
| Register of Historic Places, pursuant to the National Historic | 10 |
| Preservation Act of 1966, or the Illinois Register of Historic | 11 |
| Places, pursuant to the Illinois Historic Preservation Act. | 12 |
| Section 10. The Public University Energy Conservation Act | 13 |
| is amended by changing Section 25 as follows:
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| (110 ILCS 62/25)
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| Sec. 25. Installment payment; lease purchase. A public | 16 |
| university or
2 or more public universities in combination may | 17 |
| enter into an
installment payment contract or lease purchase | 18 |
| agreement with a qualified
provider or with a third-party | 19 |
| lender, as authorized by law, for the purchase and installation | 20 |
| of energy conservation measures by a qualified provider .
Each | 21 |
| public university may issue certificates evidencing the
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| indebtedness
incurred pursuant to the contracts or agreements. | 23 |
| Any such contract or
agreement shall be valid
whether or not an |
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| appropriation with respect
thereto is first included in any | 2 |
| annual or additional or supplemental budget
proposal, request, | 3 |
| or recommendation submitted by or made with respect to a
public | 4 |
| university under Section 8 of the Board of Higher Education Act | 5 |
| or as
otherwise provided by law. Each contract or agreement | 6 |
| entered
into by a public university pursuant to this Section | 7 |
| shall be
authorized by
resolution of the board of trustees of | 8 |
| that university.
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| (Source: P.A. 90-486, eff. 8-17-97.)
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| Section 15. The Public Community College Act is amended by | 11 |
| changing Section 5A-45 as follows:
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| (110 ILCS 805/5A-45)
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| Sec. 5A-45. Installment payment; lease purchase. A | 14 |
| community college district or
2 or more such districts in | 15 |
| combination may enter into an
installment payment contract or | 16 |
| lease purchase agreement with a qualified
provider or with a | 17 |
| third-party lender, as authorized by law, for the purchase and | 18 |
| installation of energy conservation measures by a qualified | 19 |
| provider .
Every community college district may issue | 20 |
| certificates evidencing the
indebtedness
incurred pursuant to | 21 |
| the contracts or agreements. Any such contract or
agreement | 22 |
| shall be valid
whether or not an appropriation with respect
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| thereto is first included in any annual or additional or | 24 |
| supplemental budget
adopted by
the community college district. |
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| Each contract or agreement entered
into by a community college | 2 |
| district pursuant to this Section shall be
authorized by
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| resolution of the community college board.
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| (Source: P.A. 88-173.)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.".
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