Illinois General Assembly - Full Text of Public Act 095-0612
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Public Act 095-0612


 

Public Act 0612 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0612
 
SB1183 Enrolled LRB095 10934 CMK 31227 b

    AN ACT concerning energy conservation.
 
    WHEREAS, Units of local government, public community
college districts, public universities, and public school
districts should be encouraged to enter into guaranteed energy
savings contracts for the purchase and installation of energy
conservation measures, when and where appropriate; and
 
    WHEREAS, It is desirable for units of local government,
public community college districts, public universities, and
public school districts to have flexibility in choosing the
most appropriate means by which to pay for the costs of
purchasing and installing energy conservation measures,
including without limitation entering into installment payment
contracts or lease purchase agreements with qualified
providers or other third-party lenders, as authorized by law;
therefore
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 3. The Local Government Energy Conservation Act is
amended by changing Section 25 as follows:
 
    (50 ILCS 515/25)
    Sec. 25. Installment payment contract; lease purchase
agreement; or other agreement. A unit of local government, or
units of local government in combination, may enter into an
installment payment contract, or lease purchase agreement, or
other agreement with a qualified provider or with a third
party, as authorized by law, for the funding or financing of
the purchase and installation of energy conservation measures
by a qualified provider. Every unit of local government may
issue certificates evidencing the indebtedness incurred
pursuant to the contracts or agreements. Any such contract or
agreement shall be valid whether or not an appropriation with
respect thereto is first included in any annual or supplemental
budget adopted by the unit of local government. Each contract
or agreement entered into by a unit of local government
pursuant to this Section shall be authorized by official action
resolution of the unit of local government's governing body.
The authority granted under this Section is in addition to any
other authority granted by law.
(Source: P.A. 88-173.)
 
    Section 5. The School Code is amended by changing Sections
19b-1.1, 19b-1.4, 19b-2, 19b-3, and 19b-5 and by adding
Sections 19b-15 and 19b-20 as follows:
 
    (105 ILCS 5/19b-1.1)  (from Ch. 122, par. 19b-1.1)
    Sec. 19b-1.1. Energy conservation measure. "Energy
conservation measure" means any improvement, repair,
alteration, or betterment of any building or facility owned or
operated by a school district or area vocational center or any
equipment, fixture, or furnishing to be added to or used in any
such building or facility, subject to the building code
authorized in Section 2-3.12 of this Code, 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. 92-767, eff. 8-6-02.)
 
    (105 ILCS 5/19b-1.4)  (from Ch. 122, par. 19b-1.4)
    Sec. 19b-1.4. 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 vocational
center area, or if no newspaper is published in the district or
vocational center area, in a newspaper of general circulation
in the area of the district or vocational center, from a school
district or area vocational center 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 school district or area
    vocation center.
        (2) The name, address, title, and phone number of a
    contact person.
        (3) Notice indicating that the school district or area
    vocational center 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
    school district or area vocational center may require.
(Source: P.A. 92-767, eff. 8-6-02.)
 
    (105 ILCS 5/19b-2)  (from Ch. 122, par. 19b-2)
    Sec. 19b-2. Evaluation of proposal. Before entering into a
guaranteed energy savings contract under Section 19b-3, a
school district or area vocational center shall submit a
request for proposals. The school district or area vocational
center 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 school district or
area vocational center staff, then the evaluation of the
proposal shall be done by a registered professional engineer or
architect, who is retained by the school district or area
vocational center. A licensed architect or registered
professional engineer evaluating a proposal under this Section
must not have any financial or contractual relationship with a
qualified provider or other source that would constitute a
conflict of interest. The school district or area vocational
center may pay a reasonable fee for evaluation of the proposal
or include the fee as part of the payments made under Section
19b-4.
(Source: P.A. 92-767, eff. 8-6-02.)
 
    (105 ILCS 5/19b-3)  (from Ch. 122, par. 19b-3)
    Sec. 19b-3. Award of guaranteed energy savings contract.
Sealed proposals must be opened by a member or employee of the
school board or governing board of the area vocational center,
whichever is applicable, 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 13
days notice of the time and place of the opening. The school
district or area vocational center shall select the qualified
provider that best meets the needs of the district or area
vocational center. The school district or area vocational
center 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 19b-2, a school district or area
vocational center 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
period from the date of installation, if the recommendations in
the proposal are followed. Contracts let or awarded must be
published in the next available subsequent Illinois
Procurement Bulletin.
(Source: P.A. 92-767, eff. 8-6-02.)
 
    (105 ILCS 5/19b-5)  (from Ch. 122, par. 19b-5)
    Sec. 19b-5. Installment payment; lease purchase. A school
district or school districts in combination or an area
vocational center may enter into an installment payment
contract or lease purchase agreement with a qualified provider
or with a third-party lender, as authorized by law, for the
purchase and installation of energy conservation measures by a
qualified provider. Every school district or area vocational
center may issue certificates evidencing the indebtedness
incurred pursuant to the contracts or agreements. Any such
contract or agreement shall be valid whether or not an
appropriation with respect thereto is first included in any
annual or supplemental budget adopted by the school district or
area vocational center. Each contract or agreement entered into
by a school district or area vocational center pursuant to this
Section shall be authorized by resolution of the school board
or governing board of the area vocational center, whichever is
applicable.
(Source: P.A. 92-767, eff. 8-6-02.)
 
    (105 ILCS 5/19b-15 new)
    Sec. 19b-15. Applicable laws. Other State laws and related
administrative requirements apply to this Article, 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.
 
    (105 ILCS 5/19b-20 new)
    Sec. 19b-20. Historic preservation. In order to protect
the integrity of historic buildings, no provision of this
Article 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.
 
    Section 10. The Public University Energy Conservation Act
is amended by changing Section 25 as follows:
 
    (110 ILCS 62/25)
    Sec. 25. Installment payment; lease purchase. A public
university or 2 or more public universities in combination may
enter into an installment payment contract or lease purchase
agreement with a qualified provider or with a third-party
lender, as authorized by law, for the purchase and installation
of energy conservation measures by a qualified provider. Each
public university may issue certificates evidencing the
indebtedness incurred pursuant to the contracts or agreements.
Any such contract or agreement shall be valid whether or not an
appropriation with respect thereto is first included in any
annual or additional or supplemental budget proposal, request,
or recommendation submitted by or made with respect to a public
university under Section 8 of the Board of Higher Education Act
or as otherwise provided by law. Each contract or agreement
entered into by a public university pursuant to this Section
shall be authorized by resolution of the board of trustees of
that university.
(Source: P.A. 90-486, eff. 8-17-97.)
 
    Section 15. The Public Community College Act is amended by
changing Section 5A-45 as follows:
 
    (110 ILCS 805/5A-45)
    Sec. 5A-45. Installment payment; lease purchase. A
community college district or 2 or more such districts in
combination may enter into an installment payment contract or
lease purchase agreement with a qualified provider or with a
third-party lender, as authorized by law, for the purchase and
installation of energy conservation measures by a qualified
provider. Every community college district may issue
certificates evidencing the indebtedness incurred pursuant to
the contracts or agreements. Any such contract or agreement
shall be valid whether or not an appropriation with respect
thereto is first included in any annual or additional or
supplemental budget adopted by the community college district.
Each contract or agreement entered into by a community college
district pursuant to this Section shall be authorized by
resolution of the community college board.
(Source: P.A. 88-173.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 9/11/2007