Illinois General Assembly - Full Text of SB1183
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Full Text of SB1183  95th General Assembly

SB1183enr 95TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning energy conservation.
 
2     WHEREAS, Units of local government, public community
3 college districts, public universities, and public school
4 districts should be encouraged to enter into guaranteed energy
5 savings contracts for the purchase and installation of energy
6 conservation measures, when and where appropriate; and
 
7     WHEREAS, It is desirable for units of local government,
8 public community college districts, public universities, and
9 public school districts to have flexibility in choosing the
10 most appropriate means by which to pay for the costs of
11 purchasing and installing energy conservation measures,
12 including without limitation entering into installment payment
13 contracts or lease purchase agreements with qualified
14 providers or other third-party lenders, as authorized by law;
15 therefore
 
16     Be it enacted by the People of the State of Illinois,
17 represented in the General Assembly:
 
18     Section 3. The Local Government Energy Conservation Act is
19 amended by changing Section 25 as follows:
 
20     (50 ILCS 515/25)
21     Sec. 25. Installment payment contract; lease purchase

 

 

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1 agreement; or other agreement. A unit of local government, or
2 units of local government in combination, may enter into an
3 installment payment contract, or lease purchase agreement, or
4 other agreement with a qualified provider or with a third
5 party, as authorized by law, for the funding or financing of
6 the purchase and installation of energy conservation measures
7 by a qualified provider. Every unit of local government may
8 issue certificates evidencing the indebtedness incurred
9 pursuant to the contracts or agreements. Any such contract or
10 agreement shall be valid whether or not an appropriation with
11 respect thereto is first included in any annual or supplemental
12 budget adopted by the unit of local government. Each contract
13 or agreement entered into by a unit of local government
14 pursuant to this Section shall be authorized by official action
15 resolution of the unit of local government's governing body.
16 The authority granted under this Section is in addition to any
17 other authority granted by law.
18 (Source: P.A. 88-173.)
 
19     Section 5. The School Code is amended by changing Sections
20 19b-1.1, 19b-1.4, 19b-2, 19b-3, and 19b-5 and by adding
21 Sections 19b-15 and 19b-20 as follows:
 
22     (105 ILCS 5/19b-1.1)  (from Ch. 122, par. 19b-1.1)
23     Sec. 19b-1.1. Energy conservation measure. "Energy
24 conservation measure" means any improvement, repair,

 

 

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1 alteration, or betterment of any building or facility owned or
2 operated by a school district or area vocational center or any
3 equipment, fixture, or furnishing to be added to or used in any
4 such building or facility, subject to the building code
5 authorized in Section 2-3.12 of this Code, that is designed to
6 reduce energy consumption or operating costs, and may include,
7 without limitation, one or more of the following:
8         (1) Insulation of the building structure or systems
9     within the building.
10         (2) Storm windows or doors, caulking or
11     weatherstripping, multiglazed windows or doors, heat
12     absorbing or heat reflective glazed and coated window or
13     door systems, additional glazing, reductions in glass
14     area, or other window and door system modifications that
15     reduce energy consumption.
16         (3) Automated or computerized energy control systems.
17         (4) Heating, ventilating, or air conditioning system
18     modifications or replacements.
19         (5) Replacement or modification of lighting fixtures
20     to increase the energy efficiency of the lighting system
21     without increasing the overall illumination of a facility,
22     unless an increase in illumination is necessary to conform
23     to the applicable State or local building code for the
24     lighting system after the proposed modifications are made.
25         (6) Energy recovery systems.
26         (7) Energy conservation measures that provide

 

 

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1     long-term operating cost reductions.
2 (Source: P.A. 92-767, eff. 8-6-02.)
 
3     (105 ILCS 5/19b-1.4)  (from Ch. 122, par. 19b-1.4)
4     Sec. 19b-1.4. Request for proposals. "Request for
5 proposals" means a competitive selection achieved by
6 negotiated procurement. The request for proposals shall be
7 announced in the Illinois Procurement Bulletin and through at
8 least one public notice, at least 14 10 days before the request
9 date in a newspaper published in the district or vocational
10 center area, or if no newspaper is published in the district or
11 vocational center area, in a newspaper of general circulation
12 in the area of the district or vocational center, from a school
13 district or area vocational center that will administer the
14 program, requesting innovative solutions and proposals for
15 energy conservation measures. Proposals submitted shall be
16 sealed. The request for proposals shall include all of the
17 following:
18         (1) The name and address of the school district or area
19     vocation center.
20         (2) The name, address, title, and phone number of a
21     contact person.
22         (3) Notice indicating that the school district or area
23     vocational center is requesting qualified providers to
24     propose energy conservation measures through a guaranteed
25     energy savings contract.

 

 

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1         (4) The date, time, and place where proposals must be
2     received.
3         (5) The evaluation criteria for assessing the
4     proposals.
5         (6) Any other stipulations and clarifications the
6     school district or area vocational center may require.
7 (Source: P.A. 92-767, eff. 8-6-02.)
 
8     (105 ILCS 5/19b-2)  (from Ch. 122, par. 19b-2)
9     Sec. 19b-2. Evaluation of proposal. Before entering into a
10 guaranteed energy savings contract under Section 19b-3, a
11 school district or area vocational center shall submit a
12 request for proposals. The school district or area vocational
13 center shall evaluate any sealed proposal from a qualified
14 provider. The evaluation shall analyze the estimates of all
15 costs of installations, modifications or remodeling,
16 including, without limitation, costs of a pre-installation
17 energy audit or analysis, design, engineering, installation,
18 maintenance, repairs, debt service, conversions to a different
19 energy or fuel source, or post-installation project
20 monitoring, data collection, and reporting. The evaluation
21 shall include a detailed analysis of whether either the energy
22 consumed or the operating costs, or both, will be reduced. If
23 technical assistance is not available by a licensed architect
24 or registered professional engineer on the school district or
25 area vocational center staff, then the evaluation of the

 

 

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1 proposal shall be done by a registered professional engineer or
2 architect, who is retained by the school district or area
3 vocational center. A licensed architect or registered
4 professional engineer evaluating a proposal under this Section
5 must not have any financial or contractual relationship with a
6 qualified provider or other source that would constitute a
7 conflict of interest. The school district or area vocational
8 center may pay a reasonable fee for evaluation of the proposal
9 or include the fee as part of the payments made under Section
10 19b-4.
11 (Source: P.A. 92-767, eff. 8-6-02.)
 
12     (105 ILCS 5/19b-3)  (from Ch. 122, par. 19b-3)
13     Sec. 19b-3. Award of guaranteed energy savings contract.
14 Sealed proposals must be opened by a member or employee of the
15 school board or governing board of the area vocational center,
16 whichever is applicable, at a public opening at which the
17 contents of the proposals must be announced. Each person or
18 entity submitting a sealed proposal must receive at least 13
19 days notice of the time and place of the opening. The school
20 district or area vocational center shall select the qualified
21 provider that best meets the needs of the district or area
22 vocational center. The school district or area vocational
23 center shall provide public notice of the meeting at which it
24 proposes to award a guaranteed energy savings contract of the
25 names of the parties to the proposed contract and of the

 

 

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1 purpose of the contract. The public notice shall be made at
2 least 10 days prior to the meeting. After evaluating the
3 proposals under Section 19b-2, a school district or area
4 vocational center may enter into a guaranteed energy savings
5 contract with a qualified provider if it finds that the amount
6 it would spend on the energy conservation measures recommended
7 in the proposal would not exceed the amount to be saved in
8 either energy or operational costs, or both, within a 20-year
9 period from the date of installation, if the recommendations in
10 the proposal are followed. Contracts let or awarded must be
11 published in the next available subsequent Illinois
12 Procurement Bulletin.
13 (Source: P.A. 92-767, eff. 8-6-02.)
 
14     (105 ILCS 5/19b-5)  (from Ch. 122, par. 19b-5)
15     Sec. 19b-5. Installment payment; lease purchase. A school
16 district or school districts in combination or an area
17 vocational center may enter into an installment payment
18 contract or lease purchase agreement with a qualified provider
19 or with a third-party lender, as authorized by law, for the
20 purchase and installation of energy conservation measures by a
21 qualified provider. Every school district or area vocational
22 center may issue certificates evidencing the indebtedness
23 incurred pursuant to the contracts or agreements. Any such
24 contract or agreement shall be valid whether or not an
25 appropriation with respect thereto is first included in any

 

 

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1 annual or supplemental budget adopted by the school district or
2 area vocational center. Each contract or agreement entered into
3 by a school district or area vocational center pursuant to this
4 Section shall be authorized by resolution of the school board
5 or governing board of the area vocational center, whichever is
6 applicable.
7 (Source: P.A. 92-767, eff. 8-6-02.)
 
8     (105 ILCS 5/19b-15 new)
9     Sec. 19b-15. Applicable laws. Other State laws and related
10 administrative requirements apply to this Article, including,
11 but not limited to, the following laws and related
12 administrative requirements: the Illinois Human Rights Act,
13 the Prevailing Wage Act, the Public Construction Bond Act, the
14 Public Works Preference Act, the Employment of Illinois Workers
15 on Public Works Act, the Freedom of Information Act, the Open
16 Meetings Act, the Illinois Architecture Practice Act of 1989,
17 the Professional Engineering Practice Act of 1989, the
18 Structural Engineering Practice Act of 1989, the Local
19 Government Professional Services Selection Act, and the
20 Contractor Unified License and Permit Bond Act.
 
21     (105 ILCS 5/19b-20 new)
22     Sec. 19b-20. Historic preservation. In order to protect
23 the integrity of historic buildings, no provision of this
24 Article shall be interpreted to require the implementation of

 

 

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1 energy conservation measures that conflict with respect to any
2 property eligible for, nominated to, or entered on the National
3 Register of Historic Places, pursuant to the National Historic
4 Preservation Act of 1966, or the Illinois Register of Historic
5 Places, pursuant to the Illinois Historic Preservation Act.
 
6     Section 10. The Public University Energy Conservation Act
7 is amended by changing Section 25 as follows:
 
8     (110 ILCS 62/25)
9     Sec. 25. Installment payment; lease purchase. A public
10 university or 2 or more public universities in combination may
11 enter into an installment payment contract or lease purchase
12 agreement with a qualified provider or with a third-party
13 lender, as authorized by law, for the purchase and installation
14 of energy conservation measures by a qualified provider. Each
15 public university may issue certificates evidencing the
16 indebtedness incurred pursuant to the contracts or agreements.
17 Any such contract or agreement shall be valid whether or not an
18 appropriation with respect thereto is first included in any
19 annual or additional or supplemental budget proposal, request,
20 or recommendation submitted by or made with respect to a public
21 university under Section 8 of the Board of Higher Education Act
22 or as otherwise provided by law. Each contract or agreement
23 entered into by a public university pursuant to this Section
24 shall be authorized by resolution of the board of trustees of

 

 

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1 that university.
2 (Source: P.A. 90-486, eff. 8-17-97.)
 
3     Section 15. The Public Community College Act is amended by
4 changing Section 5A-45 as follows:
 
5     (110 ILCS 805/5A-45)
6     Sec. 5A-45. Installment payment; lease purchase. A
7 community college district or 2 or more such districts in
8 combination may enter into an installment payment contract or
9 lease purchase agreement with a qualified provider or with a
10 third-party lender, as authorized by law, for the purchase and
11 installation of energy conservation measures by a qualified
12 provider. Every community college district may issue
13 certificates evidencing the indebtedness incurred pursuant to
14 the contracts or agreements. Any such contract or agreement
15 shall be valid whether or not an appropriation with respect
16 thereto is first included in any annual or additional or
17 supplemental budget adopted by the community college district.
18 Each contract or agreement entered into by a community college
19 district pursuant to this Section shall be authorized by
20 resolution of the community college board.
21 (Source: P.A. 88-173.)
 
22     Section 99. Effective date. This Act takes effect upon
23 becoming law.