Full Text of SB1632 97th General Assembly
SB1632sam001 97TH GENERAL ASSEMBLY | Sen. Michael W. Frerichs Filed: 3/10/2011
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| 1 | | AMENDMENT TO SENATE BILL 1632
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1632 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Local Government Energy Conservation Act is | 5 | | amended by changing Sections 5 and 25 as follows:
| 6 | | (50 ILCS 515/5)
| 7 | | Sec. 5. Definitions. As used in this Act, unless the | 8 | | context clearly
requires otherwise:
| 9 | | "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, subject to all applicable building | 14 | | codes,
that is designed to reduce
energy consumption or | 15 | | operating costs, and may include, without limitation,
one or | 16 | | more of the following:
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| 1 | | (1) Insulation of the building structure or systems | 2 | | within the building.
| 3 | | (2) Storm windows or doors, caulking or | 4 | | weatherstripping, multiglazed
windows or doors, heat | 5 | | absorbing or heat reflective glazed and coated
window or | 6 | | door systems, additional glazing, reductions in glass | 7 | | area, or
other window and door system modifications that | 8 | | reduce energy consumption.
| 9 | | (3) Automated or computerized energy control systems.
| 10 | | (4) Heating, ventilating, or air conditioning system | 11 | | modifications or
replacements.
| 12 | | (5) Replacement or modification of lighting fixtures | 13 | | to increase the
energy efficiency of the lighting system | 14 | | without increasing the overall
illumination of a facility, | 15 | | unless an increase in illumination is necessary
to conform | 16 | | to the applicable State or local building code for the | 17 | | lighting
system after the proposed modifications are made.
| 18 | | (6) Energy recovery systems.
| 19 | | (7)
Energy conservation measures that provide | 20 | | long-term operating cost
reductions.
| 21 | | (8) Automatic fire sprinkler systems. | 22 | | "Guaranteed energy savings contract" means a contract for: | 23 | | (i) the
implementation of an
energy audit, data collection, and | 24 | | other related analyses preliminary to
the undertaking of energy | 25 | | conservation measures; (ii) the evaluation and
recommendation | 26 | | of
energy conservation measures; (iii) the implementation of |
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| 1 | | one or more
energy conservation measures; and (iv) the | 2 | | implementation of project
monitoring and data collection to | 3 | | verify post-installation energy
consumption and energy-related | 4 | | operating costs. The contract shall provide
that all payments, | 5 | | except
obligations on termination of the contract before its | 6 | | expiration, are to be
made over time and that the savings are | 7 | | guaranteed to the extent necessary
to pay the costs of
the | 8 | | energy conservation measures. Energy savings may include | 9 | | energy reduction and offsetting sources of renewable energy | 10 | | funds including renewable energy credits and carbon credits.
| 11 | | "Qualified provider" means a person
or business whose | 12 | | employees are experienced and trained in the design,
| 13 | | implementation, or installation of
energy conservation | 14 | | measures. The minimum training required for any person
or | 15 | | employee under this paragraph shall be the satisfactory | 16 | | completion of at
least 40 hours of course instruction dealing | 17 | | with energy conservation
measures. A qualified provider to whom | 18 | | the contract is
awarded shall give a sufficient bond to the | 19 | | unit of local government for its
faithful performance.
| 20 | | "Request for proposals" means a
competitive selection | 21 | | achieved by negotiated procurement. The request for proposals | 22 | | shall be announced
through at least one public notice, at least | 23 | | 14 days before the request
date in a newspaper published in the | 24 | | territory comprising the unit of local
government or, if no | 25 | | newspaper is
published in that territory, in a newspaper of | 26 | | general circulation in the
area of the unit of local |
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| 1 | | government, from a unit of local government that will
| 2 | | administer the
program, requesting innovative solutions and | 3 | | proposals for energy
conservation measures. Proposals | 4 | | submitted shall be sealed. The request
for proposals shall | 5 | | include all of the following:
| 6 | | (1) The name and address of the unit of local | 7 | | government.
| 8 | | (2) The name, address, title, and phone number of a | 9 | | contact person.
| 10 | | (3) Notice indicating that the unit of local government | 11 | | is requesting
qualified
providers to propose energy | 12 | | conservation measures through a guaranteed
energy savings | 13 | | contract.
| 14 | | (4) The date, time, and place where proposals must be | 15 | | received.
| 16 | | (5) The evaluation criteria for assessing the | 17 | | proposals.
| 18 | | (6) Any other stipulations and clarifications the unit | 19 | | of local government
may require.
| 20 | | "Unit of local government" means a county, township,
| 21 | | municipality, or park district , public institution of higher | 22 | | education, or nonpublic institution of higher education .
| 23 | | (Source: P.A. 96-1197, eff. 7-22-10.)
| 24 | | (50 ILCS 515/25)
| 25 | | Sec. 25. Installment payment contract; lease purchase |
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| 1 | | agreement. A unit of local
government, or
units of local | 2 | | government in combination, may enter into an
installment | 3 | | payment contract or lease purchase agreement with a qualified
| 4 | | provider or with a third party, as authorized by law, for the | 5 | | funding or financing of the purchase and installation of energy | 6 | | conservation measures by a qualified provider.
Every unit of | 7 | | local government may issue certificates evidencing the
| 8 | | indebtedness
incurred pursuant to the contracts or agreements. | 9 | | Any such contract or
agreement shall be valid whether or not an | 10 | | appropriation with respect
thereto is first included in any | 11 | | annual or supplemental budget adopted by
the unit of local | 12 | | government. Each contract or agreement entered
into by a unit | 13 | | of local government pursuant to this Section shall be | 14 | | authorized
by
official action of the unit of local government's | 15 | | governing body. The authority granted under this Section is in | 16 | | addition to any other authority granted by law. No obligations | 17 | | issued pursuant to this Act shall be regarded as indebtedness | 18 | | of the unit of local government issuing those obligations or of | 19 | | any other taxing district for the purpose of any limitation | 20 | | imposed by law.
| 21 | | If an energy audit is performed by an energy services | 22 | | contractor for a unit of local government within the 3 years | 23 | | immediately preceding the solicitation, then the unit of local | 24 | | government must publish as a reference document in the | 25 | | solicitation for energy conservation measures the following: | 26 | | (1) an executive summary of the energy audit provided |
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| 1 | | that the unit of local government may exclude any | 2 | | proprietary or trademarked information or practices; or | 3 | | (2) the energy audit provided that the unit of local | 4 | | government may redact any proprietary or trademarked | 5 | | information or practices. | 6 | | A unit of local government may not withhold the disclosure of | 7 | | information related to (i) the unit of local government's | 8 | | consumption of energy, (ii) the physical condition of the unit | 9 | | of local government's facilities, and (iii) any limitations | 10 | | prescribed by the unit of local government. | 11 | | The solicitation must include a written disclosure that | 12 | | identifies any energy services contractor that participated in | 13 | | the preparation of the specifications issued by the unit of | 14 | | local government. If no energy services contractor | 15 | | participated in the preparation of the specifications issued by | 16 | | the unit of local government, then the solicitation must | 17 | | include a written disclosure that no energy services contractor | 18 | | participated in the preparation of the specifications for the | 19 | | unit of local government. The written disclosure shall be | 20 | | published in the Capital Development Board Procurement | 21 | | Bulletin with the Request for Proposal. | 22 | | (Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
| 23 | | Section 10. The Illinois Municipal Code is amended by | 24 | | changing Section 8-4-1 as follows:
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| 1 | | (65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1)
| 2 | | Sec. 8-4-1.
No bonds shall be issued by the corporate | 3 | | authorities
of any municipality until the question of | 4 | | authorizing such bonds has
been submitted to the electors of | 5 | | that municipality
provided that notice of the bond referendum, | 6 | | if
held before July 1, 1999,
has been given in accordance with | 7 | | the provisions of Section
12-5
of the Election Code in effect | 8 | | at the time of the bond referendum, at least
10 and not more | 9 | | than 45 days before the date of
the election, notwithstanding | 10 | | the time for publication otherwise imposed by
Section 12-5,
and | 11 | | approved by a
majority of the electors voting upon that | 12 | | question.
Notices required in connection with the submission of | 13 | | public questions
on or after July 1, 1999 shall be as set forth | 14 | | in Section 12-5 of the Election
Code.
The clerk shall certify
| 15 | | the proposition of the corporate authorities to the proper | 16 | | election
authority who shall submit the question at an election | 17 | | in accordance with
the general election law, subject to the | 18 | | notice provisions set forth in this
Section.
| 19 | | Notice of any such election shall contain the amount of the | 20 | | bond
issue, purpose for which issued, and maximum rate of | 21 | | interest.
| 22 | | However, without the submission of the question of issuing | 23 | | bonds to the
electors, the corporate authorities of any | 24 | | municipality may authorize the
issuance of any of the following | 25 | | bonds:
| 26 | | (1) Bonds to refund any existing bonded indebtedness;
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| 1 | | (2) Bonds to fund or refund any existing judgment | 2 | | indebtedness;
| 3 | | (3) In any municipality of less than 500,000 population, | 4 | | bonds to
anticipate the collection of installments of special | 5 | | assessments and
special taxes against property owned by the | 6 | | municipality and to
anticipate the collection of the amount | 7 | | apportioned to the municipality
as public benefits under | 8 | | Article 9;
| 9 | | (4) Bonds issued by any municipality under Sections 8-4-15 | 10 | | through
8-4-23, 11-23-1 through 11-23-12, 11-25-1 through | 11 | | 11-26-6, 11-71-1
through 11-71-10, 11-74.3-1 through | 12 | | 11-74.3-7, 11-74.4-1 through 11-74.4-11, 11-74.5-1 through
| 13 | | 11-74.5-15,
11-94-1 through 11-94-7, 11-102-1 through | 14 | | 11-102-10,
11-103-11 through 11-103-15, 11-118-1 through | 15 | | 11-118-6, 11-119-1 through
11-119-5, 11-129-1 through | 16 | | 11-129-7, 11-133-1 through 11-133-4, 11-139-1
through | 17 | | 11-139-12, 11-141-1 through 11-141-18 of this Code or 10-801
| 18 | | through 10-808 of the Illinois Highway Code, as amended;
| 19 | | (5) Bonds issued by the board of education of any school | 20 | | district
under the provisions of Sections 34-30 through 34-36 | 21 | | of The School Code,
as amended;
| 22 | | (6) Bonds issued by any municipality under the provisions | 23 | | of
Division 6 of this Article 8; and by any municipality under | 24 | | the
provisions of Division 7 of this Article 8; or under the | 25 | | provisions of
Sections 11-121-4 and 11-121-5;
| 26 | | (7) Bonds to pay for the purchase of voting machines by any
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| 1 | | municipality that has adopted Article 24 of The Election Code, | 2 | | approved
May 11, 1943, as amended;
| 3 | | (8) Bonds issued by any municipality under Sections 15 and | 4 | | 46 of the
"Environmental Protection Act", approved June 29, | 5 | | 1970;
| 6 | | (9) Bonds issued by the corporate authorities of any | 7 | | municipality
under the provisions of Section 8-4-25 of this | 8 | | Article 8;
| 9 | | (10) Bonds issued under Section 8-4-26 of this Article 8 by | 10 | | any
municipality having a board of election commissioners;
| 11 | | (11) Bonds issued under the provisions of "An Act to | 12 | | provide the
manner of levying or imposing taxes for the | 13 | | provision of special
services to areas within the boundaries of | 14 | | home rule units and nonhome
rule municipalities and counties", | 15 | | approved September 21, 1973;
| 16 | | (12) Bonds issued under Section 8-5-16 of this Code;
| 17 | | (13) Bonds to finance the cost of the acquisition, | 18 | | construction or
improvement of water or wastewater treatment | 19 | | facilities mandated by an
enforceable compliance schedule | 20 | | developed in connection with the federal
Clean Water Act or a | 21 | | compliance order issued by the United States
Environmental | 22 | | Protection Agency or the Illinois Pollution Control Board;
| 23 | | provided that such bonds are authorized by an ordinance adopted | 24 | | by a
three-fifths majority of the corporate authorities of the | 25 | | municipality
issuing the bonds which ordinance shall specify | 26 | | that the construction or
improvement of such facilities is |
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| 1 | | necessary to alleviate an emergency
condition in such | 2 | | municipality;
| 3 | | (14) Bonds issued by any municipality pursuant to Section
| 4 | | 11-113.1-1;
| 5 | | (15) Bonds issued under Sections 11-74.6-1 through | 6 | | 11-74.6-45, the
Industrial Jobs Recovery Law of this Code ; .
| 7 | | (16) Bonds issued under the Innovation Development and | 8 | | Economy Act, except as may be required by Section 35 of that | 9 | | Act ; . | 10 | | (17) Bonds issued under the Local Government Energy | 11 | | Conservation Act. | 12 | | (Source: P.A. 96-939, eff. 6-24-10; 96-1394, eff. 7-29-10; | 13 | | revised 9-2-10.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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