Full Text of HB1306 96th General Assembly
HB1306sam002 96TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 5/31/2009
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09600HB1306sam002 |
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LRB096 09907 HLH 27828 a |
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| AMENDMENT TO HOUSE BILL 1306
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| AMENDMENT NO. ______. Amend House Bill 1306, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Local Government Energy Conservation Act is | 6 |
| amended by changing Sections 20 and 25 as follows:
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| (50 ILCS 515/20)
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| Sec. 20. Guarantee. The guaranteed energy savings contract | 9 |
| shall
include a written guarantee of the qualified provider | 10 |
| that either the
energy or operational cost savings, or both, | 11 |
| will meet or exceed within 20 10
years the costs of the energy | 12 |
| conservation measures. The qualified provider
shall reimburse | 13 |
| the unit of local government for any shortfall of guaranteed
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| energy
savings projected in the contract. A qualified provider | 15 |
| shall provide a
sufficient bond to the unit of local government | 16 |
| for the installation and the
faithful performance of all the |
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| measures included in the contract. The
guaranteed energy | 2 |
| savings contract may provide for payments over a period
of | 3 |
| time, not to exceed 20 10 years from the date of the final | 4 |
| installation of
the measures.
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| (Source: P.A. 88-173; 88-615, eff. 9-9-94.)
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| (50 ILCS 515/25)
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| Sec. 25. Installment payment contract; lease purchase | 8 |
| agreement; or other agreement. | 9 |
| (a) A unit of local
government, or
units of local | 10 |
| government in combination, may enter into an
installment | 11 |
| payment contract, lease purchase agreement, or other agreement | 12 |
| with a qualified
provider or with a third party, as authorized | 13 |
| by law, for the funding or financing of the purchase and | 14 |
| installation of energy conservation measures by a qualified | 15 |
| provider.
Every unit of local government may issue certificates | 16 |
| evidencing the
indebtedness
incurred pursuant to the contracts | 17 |
| or agreements. Any such contract or
agreement shall be valid | 18 |
| whether or not an appropriation with respect
thereto is first | 19 |
| included in any annual or supplemental budget adopted by
the | 20 |
| unit of local government. Each contract or agreement entered
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| into by a unit of local government pursuant to this Section | 22 |
| shall be authorized
by
official action of the unit of local | 23 |
| government's governing body. The authority granted under this | 24 |
| Section is in addition to any other authority granted by law.
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| (b) If a potential bidder, including, but not limited to, a |
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LRB096 09907 HLH 27828 a |
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| consultant, architect, engineer, or drafter of specification, | 2 |
| assists a unit of local government prior to the issuance of a | 3 |
| request for proposal for the funding or financing of the | 4 |
| purchase and installation of energy conservation measures, | 5 |
| then the unit of local government may only consider a proposal | 6 |
| from the potential bidder that provided such assistance if: | 7 |
| (1) The unit of local government uses a standardized | 8 |
| request for proposal form approved by the Department of | 9 |
| Commerce and Economic Opportunity; or | 10 |
| (2) The unit of local government states in writing on a | 11 |
| form approved by the Department of Commerce and Economic | 12 |
| Opportunity (i) that it has voted to waive any conflicts of | 13 |
| interest and (ii) the reasons why the substantial conflict | 14 |
| of interest presumed for purposes of this subsection do not | 15 |
| prohibit the potential bidder's participation as a bidder. | 16 |
| The form shall also include a statement that materials, | 17 |
| references, and assistance in developing requests for | 18 |
| proposal may be obtained through the Department of Commerce | 19 |
| and Economic Opportunity. The form shall be signed and | 20 |
| submitted for publication in the Capital Development Board | 21 |
| Procurement Bulletin and the Illinois Procurement Bulletin | 22 |
| with the request for proposal. For purposes of this | 23 |
| subsection, a substantial conflict of interest is presumed | 24 |
| when a potential bidder (i) proposes the use of its own | 25 |
| company's proprietary systems, (ii) provides restrictive | 26 |
| equipment specifications in the request for proposal, |
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| (iii) mandates that specific improvements be included in | 2 |
| the request for proposal in order to submit a proposal to | 3 |
| the unit of local government, or (iv) performs fee for | 4 |
| service consulting on the proposed project in order to | 5 |
| prepare the unit of local government to issue the request | 6 |
| for proposal. | 7 |
| (Source: P.A. 95-612, eff. 9-11-07.)
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| Section 10. The School Code is amended by changing Sections | 9 |
| 19b-1.4, 19b-3, and 19b-5 as follows:
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| (105 ILCS 5/19b-1.4) (from Ch. 122, par. 19b-1.4)
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| Sec. 19b-1.4. Request for proposals. "Request for | 12 |
| proposals" means a
competitive selection achieved by
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| negotiated procurement. The request for proposals shall be | 14 |
| submitted to the administrators of the Capital Development | 15 |
| Board Procurement Bulletin and announced in the Illinois | 16 |
| Procurement Bulletin for publication and
through at least one | 17 |
| public notice, at least 30 14 days before the request
date in a | 18 |
| newspaper published in the district or vocational center area, | 19 |
| or
if no newspaper is
published in the district or vocational | 20 |
| center area, in a newspaper of
general
circulation in the
area | 21 |
| of the district or vocational center, from a school district or | 22 |
| area
vocational center that will administer the
program, | 23 |
| requesting innovative solutions and proposals for energy
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| conservation measures. Proposals submitted shall be sealed. |
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| The request
for proposals shall include all of the following:
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| (1) The name and address of the school district or area | 3 |
| vocation
center.
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| (2) The name, address, title, and phone number of a | 5 |
| contact person.
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| (3) Notice indicating that the school district or area | 7 |
| vocational
center is requesting qualified
providers to | 8 |
| propose energy conservation measures through a guaranteed
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| energy savings contract.
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| (4) The date, time, and place where proposals must be | 11 |
| received.
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| (5) The evaluation criteria for assessing the | 13 |
| proposals.
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| (6) Any other stipulations and clarifications the | 15 |
| school district or
area vocational center may require.
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| (Source: P.A. 95-612, eff. 9-11-07.)
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| (105 ILCS 5/19b-3) (from Ch. 122, par. 19b-3)
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| Sec. 19b-3. Award of guaranteed energy savings contract. | 19 |
| Sealed
proposals must be opened by a member or employee of the | 20 |
| school board or
governing board of the area vocational center, | 21 |
| whichever is applicable, at a
public opening at which the | 22 |
| contents of the proposals must be announced.
Each person or | 23 |
| entity submitting a sealed proposal must receive at least 13
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| days notice of the time and place of the opening. The school
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| district or area vocational center shall select the qualified |
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| provider that
best meets the needs of
the district or area | 2 |
| vocational center. The school district or area
vocational | 3 |
| center shall provide public notice of the
meeting at which it | 4 |
| proposes to award a guaranteed energy savings contract
of the | 5 |
| names of the parties to the proposed contract and of the | 6 |
| purpose of
the contract. The public notice shall be made at | 7 |
| least 10 days prior to
the meeting. After evaluating the | 8 |
| proposals under Section 19b-2, a school
district or area | 9 |
| vocational center may enter into a guaranteed energy
savings | 10 |
| contract with a
qualified provider if it finds that the amount | 11 |
| it would spend on the energy
conservation measures recommended | 12 |
| in the proposal would not exceed the
amount to be saved in | 13 |
| either energy or operational costs, or both, within a
20-year | 14 |
| period from the date of installation, if the
recommendations in
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| the proposal are followed. Contracts let or awarded must be | 16 |
| submitted to the administrators of the Capital Development | 17 |
| Board Procurement Bulletin and the published in the next | 18 |
| available subsequent Illinois Procurement Bulletin for | 19 |
| publication .
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| (Source: P.A. 95-612, eff. 9-11-07.)
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| (105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)
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| Sec. 19b-5. Installment payment contract ; lease purchase | 23 |
| agreement . | 24 |
| (a) A school district or
school districts in combination or | 25 |
| an area vocational center may enter into
an
installment payment |
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LRB096 09907 HLH 27828 a |
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| contract or lease purchase agreement with a qualified
provider | 2 |
| or with a third-party lender , as authorized by law, for the | 3 |
| funding or financing of the purchase and installation of energy | 4 |
| conservation measures by a qualified provider.
Every school | 5 |
| district or area vocational center may issue certificates
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| evidencing the indebtedness
incurred pursuant to the contracts | 7 |
| or agreements. Any such contract or
agreement shall be valid | 8 |
| whether or not an appropriation with respect
thereto is first | 9 |
| included in any annual or supplemental budget adopted by
the | 10 |
| school district or area vocational center. Each contract or | 11 |
| agreement
entered
into by a school district or area vocational | 12 |
| center pursuant to this
Section shall be authorized by
official | 13 |
| action resolution of the school board or governing board of the | 14 |
| area vocational
center, whichever is applicable. The authority | 15 |
| granted in this Section is in addition to any other authority | 16 |
| granted by law.
| 17 |
| (b) If a potential bidder, including, but not limited to, a | 18 |
| consultant, architect, engineer, or drafter of specification, | 19 |
| assists a school district prior to the issuance of a request | 20 |
| for proposal for the funding or financing of the purchase and | 21 |
| installation of energy conservation measures, then the school | 22 |
| district may only consider a proposal from the potential bidder | 23 |
| that provided such assistance if: | 24 |
| (1) The school district uses a standardized request for | 25 |
| proposal form approved by the Department of Commerce and | 26 |
| Economic Opportunity; or |
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LRB096 09907 HLH 27828 a |
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| (2) The school district states in writing on a form | 2 |
| approved by the Department of Commerce and Economic | 3 |
| Opportunity (i) that it has voted to waive any conflicts of | 4 |
| interest and (ii) the reasons why the substantial conflict | 5 |
| of interest presumed for purposes of this subsection do not | 6 |
| prohibit the potential bidder's participation as a bidder. | 7 |
| The form shall also include a statement that materials, | 8 |
| references, and assistance in developing requests for | 9 |
| proposal may be obtained through the Department of Commerce | 10 |
| and Economic Opportunity. The form shall be signed and | 11 |
| submitted for publication in the Capital Development Board | 12 |
| Procurement Bulletin and the Illinois Procurement Bulletin | 13 |
| with the request for proposal. For purposes of this | 14 |
| subsection, a substantial conflict of interest is presumed | 15 |
| when a potential bidder (i) proposes the use of its own | 16 |
| company's proprietary systems, (ii) provides restrictive | 17 |
| equipment specifications in the request for proposal, | 18 |
| (iii) mandates that specific improvements be included in | 19 |
| the request for proposal in order to submit a proposal to | 20 |
| the school district, or (iv) performs fee for service | 21 |
| consulting on the proposed project in order to prepare the | 22 |
| school district to issue the request for proposal. | 23 |
| (Source: P.A. 95-612, eff. 9-11-07.)
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| Section 15. The Public University Energy Conservation Act | 25 |
| is amended by changing Section 25 as follows:
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| (110 ILCS 62/25)
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| Sec. 25. Installment payment contract ; lease purchase | 3 |
| agreement . A public university or
2 or more public | 4 |
| universities in combination may enter into an
installment | 5 |
| payment contract or lease purchase agreement with a qualified
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| provider or with a third-party lender , as authorized by law, | 7 |
| for the funding or financing of the purchase and installation | 8 |
| of energy conservation measures by a qualified provider.
Each | 9 |
| public university may issue certificates evidencing the
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| indebtedness
incurred pursuant to the contracts or agreements. | 11 |
| Any such contract or
agreement shall be valid
whether or not an | 12 |
| appropriation with respect
thereto is first included in any | 13 |
| annual or additional or supplemental budget
proposal, request, | 14 |
| or recommendation submitted by or made with respect to a
public | 15 |
| university under Section 8 of the Board of Higher Education Act | 16 |
| or as
otherwise provided by law. Each contract or agreement | 17 |
| entered
into by a public university pursuant to this Section | 18 |
| shall be
authorized by
official action resolution of the board | 19 |
| of trustees of that university. The authority granted in this | 20 |
| Section is in addition to any other authority granted by law.
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| (Source: P.A. 95-612, eff. 9-11-07.)
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.".
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