Executive Committee
Filed: 3/23/2006
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1827




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    AMENDMENT NO. ______. Amend Senate Bill 1827 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Local Government Energy Conservation Act is 
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amended  by changing Section 5 as follows:
 



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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, 
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repair, alteration, or betterment of any
building or facility 
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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
that is designed to reduce
energy 
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consumption or operating costs, and may include, without 
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limitation,
one or more of the following:


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        (1) Insulation of the building structure or systems 
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    within the building.


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        (2) Storm windows or doors, caulking or 
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    weatherstripping, multiglazed
windows or doors, heat 
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    absorbing or heat reflective glazed and coated
window or 
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    door systems, additional glazing, reductions in glass 
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    area, or
other window and door system modifications that 
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    reduce energy consumption.


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        (3) Automated or computerized energy control systems.


 


 






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        (4) Heating, ventilating, or air conditioning system 
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    modifications or
replacements.


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        (5) Replacement or modification of lighting fixtures 
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    to increase the
energy efficiency of the lighting system 
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    without increasing the overall
illumination of a facility, 
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    unless an increase in illumination is necessary
to conform 
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    to the applicable State or local building code for the 
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    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 
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    long-term operating cost
reductions.

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    "Guaranteed energy savings contract" means a contract for:  
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(i) the
implementation of an
energy audit, data collection, and 
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other related analyses preliminary to
the undertaking of energy 
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conservation measures; (ii) the evaluation and
recommendation 
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of
energy conservation measures; (iii) the implementation of 
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one or more
energy conservation measures; and (iv) the 
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implementation of project
monitoring and data collection to 
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verify post-installation energy
consumption and energy-related 
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operating costs.  The contract shall provide
that all payments, 
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except
obligations on termination of the contract before its 
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expiration, are to be
made over time and that the savings are 
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guaranteed to the extent necessary
to pay the costs of
the 
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energy conservation measures.

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    "Qualified provider" means a person
or business whose 
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employees are experienced and trained in the design,

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implementation, or installation of
energy conservation 
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measures.  The minimum training required for any person
or 
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employee under this paragraph shall be the satisfactory 
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completion of at
least 40 hours of course instruction dealing 
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with energy conservation
measures.  A qualified provider to whom 
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the contract is
awarded shall give a sufficient bond to the 
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unit of local government for its
faithful performance.

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    "Request for proposals" means a
negotiated procurement.  
 


 






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The request for proposals shall be announced
through at least 
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one public notice, at least 10 days before the request
date in 
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a newspaper published in the territory comprising the unit of 
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local
government or, if no newspaper is
published in that 
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territory, in a newspaper of general circulation in the
area of 
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the unit of local government, from a unit of local government 
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that will
administer the
program, requesting innovative 
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solutions and proposals for energy
conservation measures.  
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Proposals submitted shall be sealed.  The request
for proposals 
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shall include all of the following:


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        (1) The name and address of the unit of local 
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    government.


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        (2) The name, address, title, and phone number of a 
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    contact person.


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        (3) Notice indicating that the unit of local government 
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    is requesting
qualified
providers to propose energy 
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    conservation measures through a guaranteed
energy savings 
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    contract.


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        (4) The date, time, and place where proposals must be 
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    received.


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        (5) The evaluation criteria for assessing the 
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    proposals.


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        (6) Any other stipulations and clarifications the unit 
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    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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    Section 10. The Public University Energy Conservation Act 
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is amended  by changing Sections 15 and 20 as follows:
 



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    (110 ILCS 62/15)



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    Sec. 15. Award of guaranteed energy savings contract. 
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Sealed
proposals must be opened by the public university's 
 


 






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board of trustees or a
designee of that board at a
public 
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opening at which the contents of the proposals must be 
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announced.
Each person or entity submitting a sealed proposal 
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must receive at least 10
days notice of the time and place of 
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the opening.
 The public university
shall select the qualified 
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provider that best meets the needs of
the district.  The public 
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university shall provide public notice of
the
meeting at which 
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it proposes to award a guaranteed energy savings contract
and 
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of the names of the parties to the proposed contract and the 
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purpose of
the contract.  The public notice shall be made at 
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least 10 days prior to
the meeting.  After evaluating the 
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proposals under Section 10, a public
university
may enter into 
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a guaranteed energy savings contract with a
qualified provider 
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if it finds that the amount it would spend on the
energy

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conservation measures recommended in the proposal would not 
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exceed the
amount to be saved in either energy or operational 
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costs, or both, within a
20-year
10 year period from the date 
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of installation, if the recommendations in
the proposal are 
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followed.

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(Source: P.A. 90-486, eff. 8-17-97.)

 



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    (110 ILCS 62/20)


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    Sec. 20. Guarantee. The guaranteed energy savings contract 
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shall
include a written guarantee of the qualified provider 
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that either the
energy or operational cost savings, or both, 
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will meet or exceed within 20
10
years the costs
of the energy 
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conservation measures.  The qualified provider
shall reimburse 
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the public university for any shortfall of guaranteed
energy

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savings projected in the contract.  A qualified provider shall 
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provide a
sufficient bond to the public university for the 
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installation and the
faithful performance of all the measures 
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included in the contract.  The
guaranteed energy savings 
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contract may provide for payments over a period
of time, not to 
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exceed 20
10 years from the date of final installation of the

 


 






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measures.

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(Source: P.A. 90-486, eff. 8-17-97.)


 
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    Section 20. The Public Community College Act is amended  by 
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changing Sections 5A-35 and 5A-40 as follows:
 



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    (110 ILCS 805/5A-35)



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    Sec. 5A-35. Award of guaranteed energy savings contract. 
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Sealed
proposals must be opened by a member or employee of the 
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community college board
at a
public opening at which the 
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contents of the proposals must be announced.
Each person or 
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entity submitting a sealed proposal must receive at least 10

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days notice of the time and place of the opening.
 The community 
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college
district shall select the qualified provider that best 
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meets the needs of
the district.  The community college district 
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shall provide public notice of
the
meeting at which it proposes 
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to award a guaranteed energy savings contract
of the names of 
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the parties to the proposed contract and of the purpose of
the 
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contract.  The public notice shall be made at least 10 days 
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prior to
the meeting.  After evaluating the proposals under 
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Section 5A-30, a community
college
district may enter into a 
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guaranteed energy savings contract with a
qualified provider if 
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it finds that the amount it would spend on the
energy

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conservation measures recommended in the proposal would not 
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exceed the
amount to be saved in either energy or operational 
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costs, or both, within a
20-year
10 year period from the date 
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of installation, if the recommendations in
the proposal are 
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followed.

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(Source: P.A. 88-173.)

 



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    (110 ILCS 805/5A-40)



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    Sec. 5A-40. Guarantee. The guaranteed energy savings 
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contract shall
include a written guarantee of the qualified 
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provider that either the
energy or operational cost savings, or 
 


 






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both, will meet or exceed within 20
10
years the costs
of the 
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energy conservation measures.  The qualified provider
shall 
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reimburse the community college district for any shortfall of 
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guaranteed
energy
savings projected in the contract.  A 
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qualified provider shall provide a
sufficient bond to the 
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community college district for the installation and the

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faithful performance of all the measures included in the 
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contract.  The
guaranteed energy savings contract may provide 
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for payments over a period
of time, not to exceed 20
10 years 
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from the date of final installation of the
measures.

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(Source: P.A. 88-173; 88-615, eff. 9-9-94.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".