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Public Act 094-1062
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| SB1827 Enrolled |
LRB094 11389 MKM 42272 b |
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AN ACT concerning energy conservation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(50 ILCS 515/3 new)
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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.
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(50 ILCS 515/4 new)
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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.
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(50 ILCS 515/5)
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Sec. 5. Definitions. As used in this Act, unless the |
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context clearly
requires otherwise:
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"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
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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 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.
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(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.
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(6) Energy recovery systems.
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(7)
Energy conservation measures that provide |
long-term operating cost
reductions.
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"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 |
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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.
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"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.
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"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.
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(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.
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(4) The date, time, and place where proposals must be |
|
received.
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(5) The evaluation criteria for assessing the |
proposals.
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(6) Any other stipulations and clarifications the unit |
of local government
may require.
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"Unit of local government" means a county, township, or
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municipality, or park district.
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(Source: P.A. 88-173.)
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(50 ILCS 515/10)
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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.
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(Source: P.A. 88-173.)
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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:
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(110 ILCS 62/3 new)
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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.
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(110 ILCS 62/4 new)
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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)
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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)
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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
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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.)
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(110 ILCS 62/15)
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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)
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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.
|