Full Text of HB1504 97th General Assembly
HB1504ham001 97TH GENERAL ASSEMBLY | Rep. Brandon W. Phelps Filed: 3/10/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1504
| 2 | | AMENDMENT NO. ______. Amend House Bill 1504 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Procurement Code is amended by | 5 | | changing Sections 20-5 and 25-45 and by adding the heading of | 6 | | Article 32 and Sections 32-3, 32-4, 32-5, 32-10, 32-15, 32-20, | 7 | | and 32-25 as follows:
| 8 | | (30 ILCS 500/20-5)
| 9 | | Sec. 20-5. Method of source selection. Unless otherwise | 10 | | authorized by
law, all State contracts shall be awarded
by | 11 | | competitive sealed bidding, in accordance with Section 20-10,
| 12 | | except as provided in Sections 20-15, 20-20, 20-25, 20-30, | 13 | | 20-32, 20-35, 30-15, and
40-20.
| 14 | | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 15 | | (30 ILCS 500/25-45)
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| 1 | | Sec. 25-45. Energy conservation program. State
purchasing | 2 | | officers may enter into
energy conservation program contracts | 3 | | that provide for utility
cost savings. The chief procurement | 4 | | officer shall
promulgate and adopt rules in accordance with | 5 | | Article 32 of this Act for the implementation of this Section. | 6 | | For the purposes of promoting energy conservation and | 7 | | carbon reduction in State owned facilities, the State | 8 | | purchasing officer of the Illinois Department of Corrections | 9 | | (IDOC) shall work in conjunction with the State purchasing | 10 | | officer of the Capital Development Board (CDB) to follow the | 11 | | procedure prescribed in Article 32 of this Act for the | 12 | | procurement of guaranteed energy saving contracts. After | 13 | | evaluating proposals, IDOC shall enter into a contract with the | 14 | | qualified provider to reduce energy usage and carbon footprints | 15 | | of the correctional facilities administered by IDOC. If, in the | 16 | | judgment of IDOC and CDB, it is in the State's best interest to | 17 | | award contracts to more than one qualified provider, they may | 18 | | do so. The State shall award any contracts under this paragraph | 19 | | by March 1, 2012. This paragraph is no longer operative after | 20 | | January 1, 2013.
| 21 | | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 22 | | (30 ILCS 500/Art. 32 heading new) | 23 | | ARTICLE 32. ENERGY CONSERVATION MEASURES | 24 | | (30 ILCS 500/32-3 new) |
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| 1 | | Sec. 32-3. Applicable laws. Other State laws and related | 2 | | administrative requirements apply to this Article, including, | 3 | | but not limited to, the following laws and related | 4 | | administrative requirements: the Illinois Human Rights Act, | 5 | | the Prevailing Wage Act, the Public Construction Bond Act, the | 6 | | Public Works Preference Act, the Employment of Illinois Workers | 7 | | on Public Works Act, the Freedom of Information Act, the Open | 8 | | Meetings Act, the Illinois Architecture Practice Act of 1989, | 9 | | the Professional Engineering Practice Act of 1989, the | 10 | | Structural Engineering Practice Act of 1989, and the Contractor | 11 | | Unified License and Permit Bond Act. | 12 | | (30 ILCS 500/32-4 new) | 13 | | Sec. 32-4. Applicability. In order to protect the integrity | 14 | | of historic buildings, no provision of this Article shall be | 15 | | interpreted to require the implementation of energy | 16 | | conservation measures that conflict with respect to any | 17 | | property eligible for, nominated to, or entered on the National | 18 | | Register of Historic Places, pursuant to the National Historic | 19 | | Preservation Act of 1966, or the Illinois Register of Historic | 20 | | Places, pursuant to the Illinois Historic Preservation Act. | 21 | | (30 ILCS 500/32-5 new) | 22 | | Sec. 32-5. Definitions. As used in this Article, unless the | 23 | | context clearly
requires otherwise: | 24 | | "Energy conservation
measure" means any improvement, |
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| 1 | | repair, alteration, or betterment of any
building or facility | 2 | | owned or operated by the State or any
equipment, fixture, or | 3 | | furnishing to be added to or used in any
such building or | 4 | | facility, subject to all applicable building codes,
that is | 5 | | designed to reduce
energy consumption or operating costs, and | 6 | | may include, without 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)
Energy conservation measures that provide | 26 | | long-term operating cost
reductions. |
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| 1 | | "Guaranteed energy savings contract" means a contract for: | 2 | | (i) the
implementation of an
energy audit, data collection, and | 3 | | other related analyses preliminary to
the undertaking of energy | 4 | | conservation measures; (ii) the evaluation and
recommendation | 5 | | of
energy conservation measures; (iii) the implementation of | 6 | | one or more
energy conservation measures; and (iv) the | 7 | | implementation of project
monitoring and data collection to | 8 | | verify post-installation energy
consumption and energy-related | 9 | | operating costs. The contract shall provide
that all payments, | 10 | | except
obligations on termination of the contract before its | 11 | | expiration, are to be
made over time and that the savings are | 12 | | guaranteed to the extent necessary
to pay the costs of
the | 13 | | energy conservation measures. Energy savings may include | 14 | | energy reduction and offsetting sources of renewable energy | 15 | | funds including renewable energy credits and carbon credits. | 16 | | "Qualified provider" means a person
or business whose | 17 | | employees are experienced and trained in the design,
| 18 | | implementation, or installation of
energy conservation | 19 | | measures. The minimum training required for any person
or | 20 | | employee under this paragraph shall be the satisfactory | 21 | | completion of at
least 40 hours of course instruction dealing | 22 | | with energy conservation
measures. A qualified provider to whom | 23 | | the contract is
awarded shall give a sufficient bond to the | 24 | | State agency for its
faithful performance. | 25 | | "Request for proposals" means a
competitive selection | 26 | | achieved by negotiated procurement. The request for proposals |
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| 1 | | shall be announced
through public notice, at least 14 days | 2 | | before the request
date, in the Illinois Procurement Bulletin, | 3 | | from the State purchasing officer that will
administer the
| 4 | | program, requesting innovative solutions and proposals for | 5 | | energy
conservation measures. Proposals submitted shall be | 6 | | sealed. The request
for proposals shall include all of the | 7 | | following: | 8 | | (1) The name and address of the State agency. | 9 | | (2) The name, address, title, and phone number of the | 10 | | State purchasing officer. | 11 | | (3) Notice indicating that the State agency is | 12 | | requesting
qualified
providers to propose energy | 13 | | conservation measures through a guaranteed
energy savings | 14 | | contract. | 15 | | (4) The date, time, and place where proposals must be | 16 | | received. | 17 | | (5) The evaluation criteria for assessing the | 18 | | proposals. | 19 | | (6) Any other stipulations and clarifications the | 20 | | State agency
may require. | 21 | | (30 ILCS 500/32-10 new) | 22 | | Sec. 32-10. Evaluation of proposal. Before entering into a | 23 | | guaranteed
energy savings contract under Section 32-15, a State | 24 | | purchasing officer shall
submit
a request for proposals. The | 25 | | State purchasing officer shall evaluate any
sealed
proposal |
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| 1 | | from a qualified provider. The evaluation shall analyze the | 2 | | estimates
of all costs of installations, modifications, or | 3 | | remodeling, including, without
limitation, costs of a | 4 | | pre-installation energy audit or analysis, design,
| 5 | | engineering, installation, maintenance, repairs, debt
service, | 6 | | conversions to a different energy or fuel source, or
| 7 | | post-installation project monitoring, data collection, and | 8 | | reporting. The
evaluation shall include a detailed analysis of | 9 | | whether either the energy
consumed or the operating costs, or | 10 | | both, will be reduced. If technical
assistance is not available | 11 | | by a licensed architect or registered
professional engineer on | 12 | | the State agency's staff, then the
evaluation of
the proposal | 13 | | shall be done by a registered professional engineer or
| 14 | | architect who is retained by the State agency. Any licensed | 15 | | architect or registered professional engineer evaluating a | 16 | | proposal under this Section may not have any financial or | 17 | | contractual relationship with a qualified provider or other | 18 | | source that would constitute a conflict of interest. The State | 19 | | agency may
pay a reasonable fee for evaluation of the proposal | 20 | | or include the fee as
part of the payments made under Section | 21 | | 32-20. | 22 | | (30 ILCS 500/32-15 new) | 23 | | Sec. 32-15. Award of guaranteed energy savings contract. | 24 | | Sealed
proposals must be opened by the State purchasing officer | 25 | | at a
public opening at which the contents of the proposals must |
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| 1 | | be announced.
Each person or entity submitting a sealed | 2 | | proposal must receive at least 10
days notice of the time and | 3 | | place of the opening. The State purchasing officer
shall select | 4 | | the qualified provider that best meets the needs of
the State | 5 | | agency. The State agency shall provide
public notice of (i) the
| 6 | | meeting at which it proposes to award a guaranteed energy | 7 | | savings 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 32-10, the Capital | 11 | | Development Board may enter into a guaranteed energy savings | 12 | | contract with a
qualified provider if it finds that the amount | 13 | | the State agency would spend on the energy
conservation | 14 | | measures recommended in the proposal would not exceed the
| 15 | | amount to be saved in either energy or operational costs, or | 16 | | both, within a
20-year period from the date of installation, if | 17 | | the recommendations in
the proposal are followed. | 18 | | (30 ILCS 500/32-20 new) | 19 | | Sec. 32-20. Guarantee. The guaranteed energy savings | 20 | | contract shall
include a written guarantee of the qualified | 21 | | provider that either the
energy or operational cost savings, or | 22 | | both, will meet or exceed within 20
years the costs of the | 23 | | energy conservation measures. The qualified provider
shall | 24 | | reimburse the State agency for any shortfall of guaranteed
| 25 | | energy
savings projected in the contract. A qualified provider |
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| 1 | | shall provide a
sufficient bond to the State agency for the | 2 | | installation and the
faithful performance of all the measures | 3 | | included in the contract. The
guaranteed energy savings | 4 | | contract may provide for payments over a period
of time, not to | 5 | | exceed 20 years from the date of the final installation of
the | 6 | | measures. | 7 | | (30 ILCS 500/32-25 new) | 8 | | Sec. 32-25. Operational and energy cost savings. The State | 9 | | agency
shall document the operational and energy cost savings | 10 | | specified in the
guaranteed energy savings contract and shall | 11 | | designate and appropriate that
amount for an annual payment of | 12 | | the contract. If the annual energy savings
are less than | 13 | | projected under the guaranteed energy savings contract, the
| 14 | | qualified
provider shall pay the difference as provided in | 15 | | Section 32-20.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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