Public Act 094-1062
 
SB1827 Enrolled LRB094 11389 MKM 42272 b

    AN ACT concerning energy conservation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Local Government Energy Conservation Act is
amended by adding Sections 3 and 4 and by changing Sections 5
and 10 as follows:
 
    (50 ILCS 515/3 new)
    Sec. 3. Applicable laws. Other State laws and related
administrative requirements apply to this Act, including, but
not limited to, the following laws and related administrative
requirements: the Illinois Human Rights Act, the Prevailing
Wage Act, the Public Construction Bond Act, the Public Works
Preference Act, the Employment of Illinois Workers on Public
Works Act, the Freedom of Information Act, the Open Meetings
Act, the Illinois Architecture Practice Act of 1989, the
Professional Engineering Practice Act of 1989, the Structural
Engineering Practice Act of 1989, the Local Government
Professional Services Selection Act, and the Contractor
Unified License and Permit Bond Act.
 
    (50 ILCS 515/4 new)
    Sec. 4. Applicability. In order to protect the integrity of
historic buildings, no provision of this Act shall be
interpreted to require the implementation of energy
conservation measures that conflict with respect to any
property eligible for, nominated to, or entered on the National
Register of Historic Places, pursuant to the National Historic
Preservation Act of 1966, or the Illinois Register of Historic
Places, pursuant to the Illinois Historic Preservation Act.
 
    (50 ILCS 515/5)
    Sec. 5. Definitions. As used in this Act, unless the
context clearly requires otherwise:
    "Energy conservation measure" means any improvement,
repair, alteration, or betterment of any building or facility
owned or operated by a unit of local government or any
equipment, fixture, or furnishing to be added to or used in any
such building or facility, subject to all applicable building
codes, that is designed to reduce energy consumption or
operating costs, and may include, without limitation, one or
more of the following:
        (1) Insulation of the building structure or systems
    within the building.
        (2) Storm windows or doors, caulking or
    weatherstripping, multiglazed windows or doors, heat
    absorbing or heat reflective glazed and coated window or
    door systems, additional glazing, reductions in glass
    area, or other window and door system modifications that
    reduce energy consumption.
        (3) Automated or computerized energy control systems.
        (4) Heating, ventilating, or air conditioning system
    modifications or replacements.
        (5) Replacement or modification of lighting fixtures
    to increase the energy efficiency of the lighting system
    without increasing the overall illumination of a facility,
    unless an increase in illumination is necessary to conform
    to the applicable State or local building code for the
    lighting system after the proposed modifications are made.
        (6) Energy recovery systems.
        (7) Energy conservation measures that provide
    long-term operating cost reductions.
    "Guaranteed energy savings contract" means a contract for:
(i) the implementation of an energy audit, data collection, and
other related analyses preliminary to the undertaking of energy
conservation measures; (ii) the evaluation and recommendation
of energy conservation measures; (iii) the implementation of
one or more energy conservation measures; and (iv) the
implementation of project monitoring and data collection to
verify post-installation energy consumption and energy-related
operating costs. The contract shall provide that all payments,
except obligations on termination of the contract before its
expiration, are to be made over time and that the savings are
guaranteed to the extent necessary to pay the costs of the
energy conservation measures.
    "Qualified provider" means a person or business whose
employees are experienced and trained in the design,
implementation, or installation of energy conservation
measures. The minimum training required for any person or
employee under this paragraph shall be the satisfactory
completion of at least 40 hours of course instruction dealing
with energy conservation measures. A qualified provider to whom
the contract is awarded shall give a sufficient bond to the
unit of local government for its faithful performance.
    "Request for proposals" means a competitive selection
achieved by negotiated procurement. The request for proposals
shall be announced through at least one public notice, at least
14 10 days before the request date in a newspaper published in
the territory comprising the unit of local government or, if no
newspaper is published in that territory, in a newspaper of
general circulation in the area of the unit of local
government, from a unit of local government that will
administer the program, requesting innovative solutions and
proposals for energy conservation measures. Proposals
submitted shall be sealed. The request for proposals shall
include all of the following:
        (1) The name and address of the unit of local
    government.
        (2) The name, address, title, and phone number of a
    contact person.
        (3) Notice indicating that the unit of local government
    is requesting qualified providers to propose energy
    conservation measures through a guaranteed energy savings
    contract.
        (4) The date, time, and place where proposals must be
    received.
        (5) The evaluation criteria for assessing the
    proposals.
        (6) Any other stipulations and clarifications the unit
    of local government may require.
    "Unit of local government" means a county, township, or
municipality, or park district.
(Source: P.A. 88-173.)
 
    (50 ILCS 515/10)
    Sec. 10. Evaluation of proposal. Before entering into a
guaranteed energy savings contract under Section 15, a unit of
local government shall submit a request for proposals. The unit
of local government shall evaluate any sealed proposal from a
qualified provider. The evaluation shall analyze the estimates
of all costs of installations, modifications, or remodeling,
including, without limitation, costs of a pre-installation
energy audit or analysis, design, engineering, installation,
maintenance, repairs, debt service, conversions to a different
energy or fuel source, or post-installation project
monitoring, data collection, and reporting. The evaluation
shall include a detailed analysis of whether either the energy
consumed or the operating costs, or both, will be reduced. If
technical assistance is not available by a licensed architect
or registered professional engineer on the unit of local
government's staff, then the evaluation of the proposal shall
be done by a registered professional engineer or architect who
is retained by the unit of local government. Any licensed
architect or registered professional engineer evaluating a
proposal under this Section may not have any financial or
contractual relationship with a qualified provider or other
source that would constitute a conflict of interest. The unit
of local government may pay a reasonable fee for evaluation of
the proposal or include the fee as part of the payments made
under Section 20.
(Source: P.A. 88-173.)
 
    Section 10. The Public University Energy Conservation Act
is amended by adding Sections 3 and 4 and by changing Sections
5-10, 5-25, 10, 15, and 20 as follows:
 
    (110 ILCS 62/3 new)
    Sec. 3. Applicable laws. Other State laws and related
administrative requirements apply to this Act, including, but
not limited to, the following laws and related administrative
requirements: the Illinois Human Rights Act, the Prevailing
Wage Act, the Public Construction Bond Act, the Public Works
Preference Act, the Employment of Illinois Workers on Public
Works Act, the Freedom of Information Act, the Open Meetings
Act, the Illinois Architecture Practice Act of 1989, the
Professional Engineering Practice Act of 1989, the Structural
Engineering Practice Act of 1989, the Architectural,
Engineering, and Land Surveying Qualifications Based Selection
Act, the Public Contract Fraud Act, the Business Enterprise for
Minorities, Females, and Persons with Disabilities Act, and the
Public Works Employment Discrimination Act.
 
    (110 ILCS 62/4 new)
    Sec. 4. Applicability. In order to protect the integrity of
historic buildings, no provision of this Act shall be
interpreted to require the implementation of energy
conservation measures that conflict with respect to any
property eligible for, nominated to, or entered on the National
Register of Historic Places, pursuant to the National Historic
Preservation Act of 1966, or the Illinois Register of Historic
Places, pursuant to the Illinois Historic Preservation Act.
 
    (110 ILCS 62/5-10)
    Sec. 5-10. Energy conservation measure. "Energy
conservation measure" means any improvement, repair,
alteration, or betterment of any building or facility, subject
to all applicable building codes, owned or operated by a public
university or any equipment, fixture, or furnishing to be added
to or used in any such building or facility that is designed to
reduce energy consumption or operating costs, and may include,
without limitation, one or more of the following:
        (1) Insulation of the building structure or systems
    within the building.
        (2) Storm windows or doors, caulking or
    weatherstripping, multiglazed windows or doors, heat
    absorbing or heat reflective glazed and coated window or
    door systems, additional glazing, reductions in glass
    area, or other window and door system modifications that
    reduce energy consumption.
        (3) Automated or computerized energy control systems.
        (4) Heating, ventilating, or air conditioning system
    modifications or replacements.
        (5) Replacement or modification of lighting fixtures
    to increase the energy efficiency of the lighting system
    without increasing the overall illumination of a facility,
    unless an increase in illumination is necessary to conform
    to the applicable State or local building code for the
    lighting system after the proposed modifications are made.
        (6) Energy recovery systems.
        (7) Energy conservation measures that provide
    long-term operating cost reductions.
(Source: P.A. 90-486, eff. 8-17-97.)
 
    (110 ILCS 62/5-25)
    Sec. 5-25. Request for proposals. "Request for proposals"
means a competitive selection achieved by negotiated
procurement. The request for proposals shall be announced by
the public university that will administer the program in the
Illinois Public Higher Education Procurement Bulletin and
through at least one public notice, at least 14 10 days before
the request date, in a newspaper published in the county in
which that public university is located, or if no newspaper is
published in that county, in a newspaper of general circulation
in the area of that county, requesting innovative solutions and
proposals for energy conservation measures. Proposals
submitted shall be sealed. The request for proposals shall
include all of the following:
        (1) The name and address of the public university that
    will administer the program.
        (2) The name, address, title, and phone number of a
    contact person.
        (3) Notice indicating that the public university is
    requesting qualified providers to propose energy
    conservation measures through a guaranteed energy savings
    contract.
        (4) The date, time, and place where proposals must be
    received.
        (5) The evaluation criteria for assessing the
    proposals.
        (6) Any other stipulations and clarifications the
    public university may require.
(Source: P.A. 90-486, eff. 8-17-97.)
 
    (110 ILCS 62/10)
    Sec. 10. Evaluation of proposal. Before entering into a
guaranteed energy savings contract under Section 15, a public
university shall submit a request for proposals. The public
university shall evaluate any sealed proposal from a qualified
provider. The evaluation shall analyze the estimates of all
costs of installations, modifications or remodeling,
including, without limitation, costs of a pre-installation
energy audit or analysis, design, engineering, installation,
maintenance, repairs, debt service, conversions to a different
energy or fuel source, or post-installation project
monitoring, data collection, and reporting. The evaluation
shall include a detailed analysis of whether either the energy
consumed or the operating costs, or both, will be reduced. If
technical assistance is not available by a licensed architect
or registered professional engineer on the staff of the public
university, then the evaluation of the proposal shall be done
by a registered professional engineer or architect, who is
retained by the public university. Any licensed architect or
registered professional engineer evaluating a proposal under
this Section may not have any financial or contractual
relationship with a qualified provider or other source that
would constitute a conflict of interest. The public university
may pay a reasonable fee for evaluation of the proposal or
include the fee as part of the payments made under Section 20.
(Source: P.A. 90-486, eff. 8-17-97.)
 
    (110 ILCS 62/15)
    Sec. 15. Award of guaranteed energy savings contract.
Sealed proposals must be opened by the public university's
board of trustees or a designee of that board at a public
opening at which the contents of the proposals must be
announced. Each person or entity submitting a sealed proposal
must receive at least 10 days notice of the time and place of
the opening. The public university shall select the qualified
provider that best meets the needs of the university district.
The public university shall provide public notice of the
meeting at which it proposes to award a guaranteed energy
savings contract and of the names of the parties to the
proposed contract and the purpose of the contract. The public
notice shall be made at least 10 days prior to the meeting.
After evaluating the proposals under Section 10, a public
university may enter into a guaranteed energy savings contract
with a qualified provider if it finds that the amount it would
spend on the energy conservation measures recommended in the
proposal would not exceed the amount to be saved in either
energy or operational costs, or both, within a 20-year 10 year
period from the date of installation, if the recommendations in
the proposal are followed. Contracts let or awarded shall be
published in the next available subsequent Illinois Public
Higher Education Procurement Bulletin.
(Source: P.A. 90-486, eff. 8-17-97.)
 
    (110 ILCS 62/20)
    Sec. 20. Guarantee. The guaranteed energy savings contract
shall include a written guarantee of the qualified provider
that either the energy or operational cost savings, or both,
will meet or exceed within 20 10 years the costs of the energy
conservation measures. The qualified provider shall reimburse
the public university for any shortfall of guaranteed energy
savings projected in the contract. A qualified provider shall
provide a sufficient bond to the public university for the
installation and the faithful performance of all the measures
included in the contract. The guaranteed energy savings
contract may provide for payments over a period of time, not to
exceed 20 10 years from the date of final installation of the
measures.
(Source: P.A. 90-486, eff. 8-17-97.)
 
    Section 15. The Public Community College Act is amended by
adding Sections 1-3 and 1-4 and by changing Sections 5A-10,
5A-25, 5A-30, 5A-35, and 5A-40 as follows:
 
    (110 ILCS 805/1-3 new)
    Sec. 1-3. Applicable laws. Other State laws and related
administrative requirements apply to this Act, including, but
not limited to, the following laws and related administrative
requirements: the Illinois Human Rights Act, the Prevailing
Wage Act, the Public Construction Bond Act, the Public Works
Preference Act, the Employment of Illinois Workers on Public
Works Act, the Freedom of Information Act, the Open Meetings
Act, the Illinois Architecture Practice Act of 1989, the
Professional Engineering Practice Act of 1989, the Structural
Engineering Practice Act of 1989, the Local Government
Professional Services Selection Act, and the Contractor
Unified License and Permit Bond Act.
 
    (110 ILCS 805/1-4 new)
    Sec. 1-4. Applicability. In order to protect the integrity
of historic buildings, no provision of this Act shall be
interpreted to require the implementation of energy
conservation measures that conflict with respect to any
property eligible for, nominated to, or entered on the National
Register of Historic Places, pursuant to the National Historic
Preservation Act of 1966, or the Illinois Register of Historic
Places, pursuant to the Illinois Historic Preservation Act.
 
    (110 ILCS 805/5A-10)
    Sec. 5A-10. Energy conservation measure. "Energy
conservation measure" means any improvement, repair,
alteration, or betterment of any building or facility owned or
operated by a community college district or any equipment,
fixture, or furnishing to be added to or used in any such
building or facility, subject to all applicable building codes,
that is designed to reduce energy consumption or operating
costs, and may include, without limitation, one or more of the
following:
        (1) Insulation of the building structure or systems
    within the building.
        (2) Storm windows or doors, caulking or
    weatherstripping, multiglazed windows or doors, heat
    absorbing or heat reflective glazed and coated window or
    door systems, additional glazing, reductions in glass
    area, or other window and door system modifications that
    reduce energy consumption.
        (3) Automated or computerized energy control systems.
        (4) Heating, ventilating, or air conditioning system
    modifications or replacements.
        (5) Replacement or modification of lighting fixtures
    to increase the energy efficiency of the lighting system
    without increasing the overall illumination of a facility,
    unless an increase in illumination is necessary to conform
    to the applicable State or local building code for the
    lighting system after the proposed modifications are made.
        (6) Energy recovery systems.
        (7) Energy conservation measures that provide
    long-term operating cost reductions.
(Source: P.A. 88-173.)
 
    (110 ILCS 805/5A-25)
    Sec. 5A-25. Request for proposals. "Request for proposals"
means a competitive selection achieved by negotiated
procurement. The request for proposals shall be announced in
the Illinois Procurement Bulletin and through at least one
public notice, at least 14 10 days before the request date in a
newspaper published in the district, or if no newspaper is
published in the district, in a newspaper of general
circulation in the area of the district, by a community college
district that will administer the program, requesting
innovative solutions and proposals for energy conservation
measures. Proposals submitted shall be sealed. The request for
proposals shall include all of the following:
        (1) The name and address of the community college
    district.
        (2) The name, address, title, and phone number of a
    contact person.
        (3) Notice indicating that the community college
    district is requesting qualified providers to propose
    energy conservation measures through a guaranteed energy
    savings contract.
        (4) The date, time, and place where proposals must be
    received.
        (5) The evaluation criteria for assessing the
    proposals.
        (6) Any other stipulations and clarifications the
    community college district may require.
(Source: P.A. 88-173.)
 
    (110 ILCS 805/5A-30)
    Sec. 5A-30. Evaluation of proposal. Before entering into a
guaranteed energy savings contract under Section 5A-35, a
community college district shall submit a request for
proposals. The community college district shall evaluate any
sealed proposal from a qualified provider. The evaluation shall
analyze the estimates of all costs of installations,
modifications or remodeling, including, without limitation,
costs of a pre-installation energy audit or analysis, design,
engineering, installation, maintenance, repairs, debt service,
conversions to a different energy or fuel source, or
post-installation project monitoring, data collection, and
reporting. The evaluation shall include a detailed analysis of
whether either the energy consumed or the operating costs, or
both, will be reduced. If technical assistance is not available
by a licensed architect or registered professional engineer on
the community college district staff, then the evaluation of
the proposal shall be done by a registered professional
engineer or architect, who is retained by the community college
district. Any licensed architect or registered professional
engineer evaluating a proposal under this Section may not have
any financial or contractual relationship with a qualified
provider or other source that would constitute a conflict of
interest. The community college district may pay a reasonable
fee for evaluation of the proposal or include the fee as part
of the payments made under Section 5A-40.
(Source: P.A. 88-173.)
 
    (110 ILCS 805/5A-35)
    Sec. 5A-35. Award of guaranteed energy savings contract.
Sealed proposals must be opened by a member or employee of the
community college board at a public opening at which the
contents of the proposals must be announced. Each person or
entity submitting a sealed proposal must receive at least 10
days notice of the time and place of the opening. The community
college district shall select the qualified provider that best
meets the needs of the district. The community college district
shall provide public notice of the meeting at which it proposes
to award a guaranteed energy savings contract of the names of
the parties to the proposed contract and of the purpose of the
contract. The public notice shall be made at least 10 days
prior to the meeting. After evaluating the proposals under
Section 5A-30, a community college district may enter into a
guaranteed energy savings contract with a qualified provider if
it finds that the amount it would spend on the energy
conservation measures recommended in the proposal would not
exceed the amount to be saved in either energy or operational
costs, or both, within a 20-year 10 year period from the date
of installation, if the recommendations in the proposal are
followed. Contracts let or awarded shall be published in the
next available subsequent Illinois Procurement Bulletin.
(Source: P.A. 88-173.)
 
    (110 ILCS 805/5A-40)
    Sec. 5A-40. Guarantee. The guaranteed energy savings
contract shall include a written guarantee of the qualified
provider that either the energy or operational cost savings, or
both, will meet or exceed within 20 10 years the costs of the
energy conservation measures. The qualified provider shall
reimburse the community college district for any shortfall of
guaranteed energy savings projected in the contract. A
qualified provider shall provide a sufficient bond to the
community college district for the installation and the
faithful performance of all the measures included in the
contract. The guaranteed energy savings contract may provide
for payments over a period of time, not to exceed 20 10 years
from the date of final installation of the measures.
(Source: P.A. 88-173; 88-615, eff. 9-9-94.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.