Full Text of SB0950 100th General Assembly
SB0950sam001 100TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 2/22/2018
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| 1 | | AMENDMENT TO SENATE BILL 950
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 950 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Central Management Services | 5 | | Law of the Civil Administrative Code of Illinois is amended by | 6 | | changing Section 405-10, and adding Section 405-294 as follows:
| 7 | | (20 ILCS 405/405-10) (was 20 ILCS 405/35.3)
| 8 | | Sec. 405-10. Director's duties; State policy. It shall be | 9 | | the duty of
the Director and the policy of the State of | 10 | | Illinois to do the following:
| 11 | | (1) Place financial responsibility on State agencies | 12 | | (as
defined in subsection (b) of Section 405-5) and hold | 13 | | them
accountable for the proper discharge of this | 14 | | responsibility.
| 15 | | (2) Require professional, accurate, and current | 16 | | accounting with the
State agencies (as defined in |
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| 1 | | subsection (b) of Section 405-5).
| 2 | | (3) Decentralize fiscal, procedural, and | 3 | | administrative operations to
expedite the business of the | 4 | | State and to avoid expense, unwieldiness,
inefficiency, | 5 | | and unnecessary duplication where decentralization is | 6 | | consistent
with proper fiscal management.
| 7 | | (4) Manage or delegate the management of the | 8 | | procurement, retention,
installation, maintenance, and | 9 | | operation of all electronic data processing
equipment used | 10 | | by State agencies as defined in Section 405-20, so as to | 11 | | achieve
maximum economy consistent with development of | 12 | | adequate and timely information
in a form suitable for | 13 | | management analysis, in a manner that provides for
adequate | 14 | | security protection and back-up facilities for that | 15 | | equipment, the
establishment of bonding requirements, and | 16 | | a code of conduct for all
electronic data processing | 17 | | personnel to ensure the privacy of
electronic data | 18 | | processing information as provided by law.
| 19 | | (5) Manage or delegate the management of the strategic | 20 | | sourcing of any and all supplies and non-construction | 21 | | related services used by State agencies in accordance with | 22 | | Section 405-294. This duty shall not limit the authority of | 23 | | a chief procurement officer established under the Illinois | 24 | | Procurement Code. For the purposes of this paragraph (5) | 25 | | and Section 405-294, "State agency" means each State | 26 | | agency, department, board, and commission directly |
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| 1 | | responsible to the Governor. | 2 | | (Source: P.A. 91-239, eff. 1-1-00 .)
| 3 | | (20 ILCS 405/405-294 new) | 4 | | Sec. 405-294. Strategic sourcing. To manage or delegate the | 5 | | management of the strategic sourcing of any and all supplies | 6 | | and non-construction related services used by State agencies to | 7 | | ensure that State agencies maximize the value of public funds | 8 | | spent on supplies and non-construction related services. | 9 | | Nothing in this Section shall be construed to limit a State | 10 | | agency's authority to lead a procurement when required to do so | 11 | | by law. For the purposes of this Section, "State agency" shall | 12 | | have the same meaning as defined in paragraph (5) of Section | 13 | | 405-10. | 14 | | Section 10. The Illinois Procurement Code is amended by | 15 | | changing Section 25-45 as follows:
| 16 | | (30 ILCS 500/25-45)
| 17 | | Sec. 25-45. Executive agency energy conservation and | 18 | | saving measures Energy conservation program . | 19 | | (a) Definitions. As used in this Section: | 20 | | "Board" means the Capital Development Board or its | 21 | | successors. | 22 | | "Contracting authority" means the Department, the Board, | 23 | | or other such agencies as may be delegated to execute certain |
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| 1 | | of its statutory procurement functions through | 2 | | intergovernmental agreements specifically developed for the | 3 | | purpose of securing energy conservation services. | 4 | | "Department" means the Department of Central Management | 5 | | Services acting in its capacity as the statutory owner and | 6 | | manager of all properties owned and operated by the State of | 7 | | Illinois on behalf of agencies, boards, and commissions | 8 | | functioning under the executive authority of the Governor. | 9 | | "Energy conservation measure" means any improvement, | 10 | | repair, alteration, or betterment of any executive agency | 11 | | facility or any equipment, fixture, or furnishing to be added | 12 | | to or used in an executive agency facility, that is designed to | 13 | | reduce energy consumption or operating costs, and may include, | 14 | | but is not limited to, one or more of the following: | 15 | | (1) Insulation of the building structure or systems | 16 | | within the building. | 17 | | (2) Storm windows or doors, caulking or weather | 18 | | stripping, multiglazed windows or doors, heat-absorbing or | 19 | | heat-reflective glazed and coated window or door systems, | 20 | | additional glazing, reductions in glass area, or other | 21 | | window and door system modifications that reduce energy | 22 | | consumption. | 23 | | (3) Automated or computerized energy control systems. | 24 | | (4) Heating, ventilating, or air conditioning system, | 25 | | modifications, or replacements. | 26 | | (5) Replacement or modification of lighting fixtures |
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| 1 | | to increase the energy efficiency of the lighting system | 2 | | without increasing the overall illumination of a building, | 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. | 6 | | (6) Energy recovery systems. | 7 | | (7) Energy conservation measures that provide | 8 | | long-term operating cost reductions. | 9 | | "Executive agency facility" means a building owned and | 10 | | operated by the State of Illinois through an agency, board, or | 11 | | commission statutorily functioning under the executive | 12 | | authority of the Governor or other constitutional officers. | 13 | | "Guaranteed energy savings contract" means a contract for: | 14 | | (i) the implementation of an energy audit, data collection, and | 15 | | other related analyses preliminary to the undertaking of energy | 16 | | conservation measures; (ii) the evaluation and recommendation | 17 | | of energy conservation measures; (iii) the implementation of | 18 | | one or more energy conservation measures; and (iv) the | 19 | | implementation of project monitoring and data collection to | 20 | | verify post installation energy consumption and energy related | 21 | | operating costs. The contract shall provide that all payments, | 22 | | except obligations on termination of the contract before its | 23 | | expiration, are to be made over time and that the savings are | 24 | | guaranteed to the extent necessary to pay the costs of the | 25 | | energy conservation measures. "Energy savings" may include | 26 | | energy reduction and offsetting sources of renewable energy |
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| 1 | | funds, including renewable energy credits and carbon credits. | 2 | | "Qualified provider" means a person whose employees are | 3 | | experienced and trained in the design, implementation, or | 4 | | installation of energy conservation measures. The minimum | 5 | | training required for any person or employee under this Section | 6 | | shall be the satisfactory completion of at least 40 hours of | 7 | | course instruction dealing with energy conservation measures. | 8 | | A qualified provider to whom the contract is awarded shall give | 9 | | a sufficient bond to the executive agency or for its faithful | 10 | | performance. | 11 | | (b) Before entering into a guaranteed energy savings | 12 | | contract, the contracting authority shall issue a request for | 13 | | proposals in accordance with Article 30 of this Code requesting | 14 | | competitive sealed offers for innovative solutions and | 15 | | conservation measures. A request for proposals shall be | 16 | | published in the volume of the Illinois Procurement Bulletin | 17 | | under the authority of the chief procurement officer for the | 18 | | Capital Development Board for at least 30 days before offers | 19 | | are due. The request for proposals shall, at a minimum, include | 20 | | all of the following: | 21 | | (1) The name and address of the executive agency. | 22 | | (2) The name, address, title, and phone number of an | 23 | | executive agency contact person who will respond to | 24 | | questions regarding the request for proposals. | 25 | | (3) Notice indicating that the contracting authority | 26 | | is requesting qualified providers to propose energy |
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| 1 | | conservation measures through a guaranteed energy savings | 2 | | contract. | 3 | | (4) The date, time, and place where offers must be | 4 | | received. | 5 | | (5) The evaluation criteria for evaluating offers. | 6 | | (6) Any other stipulations and clarifications the | 7 | | contracting authority or executive agency facility may | 8 | | require. | 9 | | (7) A written disclosure that identifies any energy | 10 | | services contractor that participated in the preparation | 11 | | of specifications. If no energy services contractor | 12 | | participated in the preparation of specifications, then | 13 | | the request for proposals must include a disclosure that no | 14 | | energy services contractor participated in the preparation | 15 | | of the specifications. | 16 | | (c) The evaluation of offers shall analyze the estimates of | 17 | | all costs of installations, modifications, or remodeling, | 18 | | including, but not limited to, costs of a pre-installation | 19 | | energy audit or analysis, design, engineering, installation, | 20 | | maintenance, repairs, debt service, conversions to a different | 21 | | energy or fuel source, or post-installation project | 22 | | monitoring, data collection, and reporting. The evaluation | 23 | | shall include a detailed analysis of whether either the energy | 24 | | consumed or the operating costs, or both, will be reduced. If a | 25 | | licensed architect or registered professional engineer on the | 26 | | executive agency's or contracting authority's staff is |
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| 1 | | unavailable to serve as an evaluator, then the evaluation shall | 2 | | include a registered professional engineer or architect, who is | 3 | | retained by the executive agency or contracting authority. A | 4 | | licensed architect or registered professional engineer | 5 | | participating on an evaluation team under this Section must not | 6 | | have any financial or contractual relationship with an offeror | 7 | | or other source that would constitute a conflict of interest. | 8 | | The contracting authority or executive agency facility may pay | 9 | | a reasonable fee for evaluation of the proposal or include the | 10 | | fee as part of the payments made under subsection (e) of this | 11 | | Section. Any contracting agency shall coordinate with the Board | 12 | | to ensure that there are no conflicts with the proposals and | 13 | | current or upcoming Board projects. | 14 | | (d) After evaluating the proposals, a contracting | 15 | | authority for an executive agency facility may enter into a | 16 | | guaranteed energy savings contract with the best-qualified | 17 | | offeror if the contracting authority finds that the amount it | 18 | | would spend on the energy conservation measures recommended in | 19 | | the proposal would not exceed the amount to be saved in either | 20 | | energy or operational costs, or both, within a 20-year period | 21 | | from the date of installation if the recommendations in the | 22 | | proposal are followed. Contracts let or awarded must be | 23 | | published in the volume of the Illinois Procurement Bulletin | 24 | | under the authority of the chief procurement officer for the | 25 | | Capital Development Board or as otherwise prescribed by | 26 | | agreement between the Capital Development Board and the |
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| 1 | | contracting authority. | 2 | | (e) The guaranteed energy savings contract shall include | 3 | | the contractor's guarantee that either the energy or | 4 | | operational cost savings, or both, will meet or exceed within | 5 | | 20 years the costs of the energy conservation measures. The | 6 | | contractor shall reimburse the State for any shortfall of | 7 | | guaranteed energy savings projected in the contract. A | 8 | | contractor shall provide a sufficient bond, as determined by | 9 | | the State, to the contracting authority for the installation | 10 | | and the faithful performance of all the measures included in | 11 | | the contract. The guaranteed energy savings contract may | 12 | | provide for payments over a period of time, not to exceed 20 | 13 | | years from the date of final installation of the energy | 14 | | conservation measures. | 15 | | (f) The contracting authority may enter into an installment | 16 | | payment contract or lease purchase agreement with a contractor | 17 | | for services solicited under this Section or with a third | 18 | | party, as authorized by law, for the funding or financing of | 19 | | the purchase and installation of energy conservation measures. | 20 | | The State of Illinois may issue certificates evidencing the | 21 | | indebtedness incurred pursuant to the contracts. Each contract | 22 | | or agreement entered into by a contracting authority pursuant | 23 | | to this Section shall be authorized by official action of the | 24 | | contracting authority. The authority granted in this Section is | 25 | | in addition to any other authority granted by law. If an energy | 26 | | audit is performed by an energy services contractor for an |
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| 1 | | executive agency facility within the 3 years immediately | 2 | | preceding the request for proposals, then the contracting | 3 | | authority must publish as a reference document in the | 4 | | solicitation for energy conservation measures the following: | 5 | | (1) an executive summary of the energy audit, provided | 6 | | that the contracting authority and executive agency | 7 | | facility may exclude any proprietary or trademarked | 8 | | information or practices; or | 9 | | (2) the energy audit, provided that the contracting | 10 | | authority and executive agency facility may redact any | 11 | | proprietary or trademarked information or practices. | 12 | | An executive agency facility or contracting authority may | 13 | | not withhold the disclosure of information related to: (i) the | 14 | | executive agency facility's consumption of energy, (ii) the | 15 | | physical condition of the executive agency's facilities, and | 16 | | (iii) any limitations prescribed by the executive agency | 17 | | facility or contracting authority. | 18 | | (g) Guaranteed energy savings contracts may extend beyond | 19 | | the fiscal year in which they become effective. The agency | 20 | | responsible for payments under such a contract shall include in | 21 | | its annual budget and appropriations measures for each | 22 | | subsequent fiscal year any amounts payable under guaranteed | 23 | | energy savings contracts during that fiscal year. | 24 | | (h) In cooperation with the contracting authority, the | 25 | | executive agency facility shall document the operational and | 26 | | energy cost savings specified in the guaranteed energy savings |
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| 1 | | contract and designate and appropriate that amount for an | 2 | | annual payment of the contract. If the annual energy savings | 3 | | are less than projected under the guaranteed energy savings | 4 | | contract the contractor shall pay the difference as provided in | 5 | | subsection (e) of this Section. | 6 | | (i) An executive agency facility or contracting authority | 7 | | may use funds designated for operating or capital expenditures | 8 | | for any guaranteed energy savings contract including purchases | 9 | | using installment payment contracts or lease purchase | 10 | | agreements. An executive agency facility or contracting | 11 | | authority that enters into such a contract or agreement may | 12 | | covenant in the contract or agreement that payments made under | 13 | | the contract or agreement shall be payable from the first funds | 14 | | legally available in each fiscal year. | 15 | | (j) Operating and maintenance funds and other amounts | 16 | | appropriated for distribution to or reimbursement of an | 17 | | executive agency facility or contracting authority shall not be | 18 | | reduced as a result of energy savings realized from a | 19 | | guaranteed energy savings contract or a lease purchase | 20 | | agreement for the purchase and installation of energy | 21 | | conservation measures. | 22 | | (k) Other State laws and related administrative | 23 | | requirements apply to this Section, including, but not limited | 24 | | to, the following laws and related administrative | 25 | | requirements: the Illinois Human Rights Act, the Prevailing | 26 | | Wage Act, the Public Construction Bond Act, the Employment of |
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| 1 | | Illinois Workers on Public Works Act, the Freedom of | 2 | | Information Act, the Open Meetings Act, the Illinois | 3 | | Architecture Practice Act of 1989, the Professional | 4 | | Engineering Practice Act of 1989, the Structural Engineering | 5 | | Practice Act of 1989, the Local Government Professional | 6 | | Services Selection Act, and the Contractor Unified License and | 7 | | Permit Bond Act. | 8 | | (l) In order to protect the integrity of historic | 9 | | buildings, no provision of this Section shall be interpreted to | 10 | | require the implementation of energy conservation measures | 11 | | that conflict with respect to any property eligible for, | 12 | | nominated to, or entered on the National Register of Historic | 13 | | Places, pursuant to the federal National Historic Preservation | 14 | | Act of 1966, or the Illinois Register of Historic Places, | 15 | | pursuant to the Illinois Historic Preservation Act. | 16 | | State
purchasing officers may enter into
energy conservation | 17 | | program contracts that provide for utility
cost savings. The | 18 | | chief procurement officer shall
promulgate and adopt rules for | 19 | | the implementation of this Section.
| 20 | | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)".
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