Full Text of SB2116 96th General Assembly
SB2116ham001 96TH GENERAL ASSEMBLY
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Rep. Julie Hamos
Filed: 5/21/2009
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09600SB2116ham001 |
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LRB096 09911 RLJ 27282 a |
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| AMENDMENT TO SENATE BILL 2116
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| AMENDMENT NO. ______. Amend Senate Bill 2116 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Local Government Energy Conservation Act is | 5 |
| 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 | 8 |
| shall
include a written guarantee of the qualified provider | 9 |
| that either the
energy or operational cost savings, or both, | 10 |
| will meet or exceed within 20 10
years the costs of the energy | 11 |
| conservation measures. The qualified provider
shall reimburse | 12 |
| the unit of local government for any shortfall of guaranteed
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| energy
savings projected in the contract. A qualified provider | 14 |
| shall provide a
sufficient bond to the unit of local government | 15 |
| for the installation and the
faithful performance of all the | 16 |
| measures included in the contract. The
guaranteed energy |
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LRB096 09911 RLJ 27282 a |
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| savings contract may provide for payments over a period
of | 2 |
| time, not to exceed 20 10 years from the date of the final | 3 |
| 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 | 7 |
| agreement; or other agreement. | 8 |
| (a) A unit of local
government, or
units of local | 9 |
| government in combination, may enter into an
installment | 10 |
| payment contract, lease purchase agreement, or other agreement | 11 |
| with a qualified
provider or with a third party, as authorized | 12 |
| by law, for the funding or financing of the purchase and | 13 |
| installation of energy conservation measures by a qualified | 14 |
| provider.
Every unit of local government may issue certificates | 15 |
| evidencing the
indebtedness
incurred pursuant to the contracts | 16 |
| or agreements. Any such contract or
agreement shall be valid | 17 |
| whether or not an appropriation with respect
thereto is first | 18 |
| included in any annual or supplemental budget adopted by
the | 19 |
| unit of local government. Each contract or agreement entered
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| into by a unit of local government pursuant to this Section | 21 |
| shall be authorized
by
official action of the unit of local | 22 |
| government's governing body. The authority granted under this | 23 |
| 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 | 25 |
| consultant, architect, engineer, or drafter of specifications, |
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LRB096 09911 RLJ 27282 a |
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| assists a unit of local government prior to the issuance of a | 2 |
| request for proposal for the funding or financing of the | 3 |
| purchase and installation of energy conservation measures, | 4 |
| then: | 5 |
| (1) The unit of local government must use a | 6 |
| standardized request for proposal form approved by the | 7 |
| Department of Commerce and Economic Opportunity; or | 8 |
| (2) A substantial conflict of interest is presumed when | 9 |
| a potential bidder (i) proposes the use of its own | 10 |
| company's proprietary systems, (ii) provides restrictive | 11 |
| equipment specifications in the request for proposal, | 12 |
| (iii) mandates that specific improvements be included in | 13 |
| the request for proposal in order to submit a proposal to | 14 |
| the unit of local government, or (iv) performs fee for | 15 |
| service consulting on the proposed project in order to | 16 |
| prepare the unit of local government to issue the request | 17 |
| for proposal. The presumption of a substantial conflict of | 18 |
| interest under this subsection may be overcome if the body | 19 |
| authorizing the contract or agreement states in writing on | 20 |
| a form, as approved by the Department of Commerce and | 21 |
| Economic Opportunity, that it has voted to waive any of the | 22 |
| applicable conflicts listed in this subsection and states | 23 |
| the reasons why the conflict does not prohibit the | 24 |
| potential bidder's participation as a bidder. The form | 25 |
| shall also include a statement that materials, references, | 26 |
| and assistance in developing requests for proposal may be |
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LRB096 09911 RLJ 27282 a |
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| obtained through the Department of Commerce and Economic | 2 |
| Opportunity. The form shall be signed and submitted for | 3 |
| publication in the Capital Development Board Procurement | 4 |
| Bulletin and the Illinois Procurement Bulletin with the | 5 |
| request for proposal. | 6 |
| (c) If a potential bidder, including but not limited to a | 7 |
| consultant, architect, engineer, or drafter of specifications, | 8 |
| assists a unit of local government by performing a preliminary | 9 |
| energy audit, whether for a fee or free of charge, prior to the | 10 |
| issuance of a request for proposal for the funding or financing | 11 |
| of the purchase and installation of energy conservation | 12 |
| measures, then the preliminary energy audit shall be submitted | 13 |
| to the Capital Development Board Procurement Bulletin and the | 14 |
| Illinois Procurement Bulletin with the request for proposal. | 15 |
| (d) To implement the requirements of this Section, the | 16 |
| Department of Commerce and Economic Opportunity shall | 17 |
| promulgate rules and provide forms for both requests for | 18 |
| proposals and conflict waivers, which shall be made available | 19 |
| on the website of the Department of Commerce and Economic | 20 |
| Opportunity. | 21 |
| (Source: P.A. 95-612, eff. 9-11-07.)
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| Section 10. The School Code is amended by changing Sections | 23 |
| 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 | 2 |
| proposals" means a
competitive selection achieved by
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| negotiated procurement. The request for proposals shall be | 4 |
| submitted to the administrators of the Capital Development | 5 |
| Board Procurement Bulletin and announced in the Illinois | 6 |
| Procurement Bulletin for publication and
through at least one | 7 |
| public notice, at least 30 14 days before the request
date in a | 8 |
| newspaper published in the district or vocational center area, | 9 |
| or
if no newspaper is
published in the district or vocational | 10 |
| center area, in a newspaper of
general
circulation in the
area | 11 |
| of the district or vocational center, from a school district or | 12 |
| area
vocational center that will administer the
program, | 13 |
| requesting innovative solutions and proposals for energy
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| conservation measures. Proposals submitted shall be sealed. | 15 |
| 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 | 17 |
| vocation
center.
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| (2) The name, address, title, and phone number of a | 19 |
| contact person.
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| (3) Notice indicating that the school district or area | 21 |
| vocational
center is requesting qualified
providers to | 22 |
| 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 | 25 |
| 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 | 3 |
| 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. | 7 |
| Sealed
proposals must be opened by a member or employee of the | 8 |
| school board or
governing board of the area vocational center, | 9 |
| whichever is applicable, at a
public opening at which the | 10 |
| contents of the proposals must be announced.
Each person or | 11 |
| 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 | 14 |
| provider that
best meets the needs of
the district or area | 15 |
| vocational center. The school district or area
vocational | 16 |
| center shall provide public notice of the
meeting at which it | 17 |
| proposes to award a guaranteed energy savings contract
of the | 18 |
| names of the parties to the proposed contract and of the | 19 |
| purpose of
the contract. The public notice shall be made at | 20 |
| least 10 days prior to
the meeting. After evaluating the | 21 |
| proposals under Section 19b-2, a school
district or area | 22 |
| vocational center may enter into a guaranteed energy
savings | 23 |
| contract with a
qualified provider if it finds that the amount | 24 |
| it would spend on the energy
conservation measures recommended | 25 |
| in the proposal would not exceed the
amount to be saved in |
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LRB096 09911 RLJ 27282 a |
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| either energy or operational costs, or both, within a
20-year | 2 |
| period from the date of installation, if the
recommendations in
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| the proposal are followed. Contracts let or awarded must be | 4 |
| submitted to the administrators of the Capital Development | 5 |
| Board Procurement Bulletin and the published in the next | 6 |
| available subsequent Illinois Procurement Bulletin for | 7 |
| 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 | 11 |
| agreement . | 12 |
| (a) A school district or
school districts in combination or | 13 |
| an area vocational center may enter into
an
installment payment | 14 |
| contract or lease purchase agreement with a qualified
provider | 15 |
| or with a third-party lender , as authorized by law, for the | 16 |
| funding or financing of the purchase and installation of energy | 17 |
| conservation measures by a qualified provider.
Every school | 18 |
| district or area vocational center may issue certificates
| 19 |
| evidencing the indebtedness
incurred pursuant to the contracts | 20 |
| or agreements. Any such contract or
agreement shall be valid | 21 |
| whether or not an appropriation with respect
thereto is first | 22 |
| included in any annual or supplemental budget adopted by
the | 23 |
| school district or area vocational center. Each contract or | 24 |
| agreement
entered
into by a school district or area vocational | 25 |
| center pursuant to this
Section shall be authorized by
official |
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09600SB2116ham001 |
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LRB096 09911 RLJ 27282 a |
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| action resolution of the school board or governing board of the | 2 |
| area vocational
center, whichever is applicable. The authority | 3 |
| granted in this Section is in addition to any other authority | 4 |
| granted by law.
| 5 |
| (b) If a potential bidder, including, but not limited to, a | 6 |
| consultant, architect, engineer, or drafter of specifications, | 7 |
| assists a school district or vocational center prior to the | 8 |
| issuance of a request for proposal for the funding or financing | 9 |
| of the purchase and installation of energy conservation | 10 |
| measures, then: | 11 |
| (1) The school district or vocational center must use a | 12 |
| standardized request for proposal form approved by the | 13 |
| Department of Commerce and Economic Opportunity; or | 14 |
| (2) A substantial conflict of interest exists when a | 15 |
| potential bidder (i) proposes the use of its own company's | 16 |
| proprietary systems, (ii) provides restrictive equipment | 17 |
| specifications in the request for proposal, (iii) mandates | 18 |
| that specific improvements be included in the request for | 19 |
| proposal in order to submit a proposal to the unit of local | 20 |
| government, or (iv) performs fee for service consulting on | 21 |
| the proposed project in order to prepare the unit of local | 22 |
| government to issue the request for proposal. The | 23 |
| presumption of a substantial conflict of interest under | 24 |
| this subsection may be overcome if the body authorizing the | 25 |
| contract or agreement states in writing on a form, as | 26 |
| approved by the Department of Commerce and Economic |
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09600SB2116ham001 |
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LRB096 09911 RLJ 27282 a |
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| 1 |
| Opportunity, that it has voted to waive any of the | 2 |
| applicable conflicts listed in this subsection and states | 3 |
| the reasons why the conflict does not prohibit the | 4 |
| potential bidder's participation as a bidder. The form | 5 |
| shall also include a statement that materials, references, | 6 |
| and assistance in developing requests for proposal may be | 7 |
| obtained through the Department of Commerce and Economic | 8 |
| Opportunity. The form shall be signed and submitted for | 9 |
| publication in the Capital Development Board Procurement | 10 |
| Bulletin and the Illinois Procurement Bulletin with the | 11 |
| request for proposal. | 12 |
| (c) If a potential bidder, including but not limited to a | 13 |
| consultant, architect, engineer, or drafter of specifications, | 14 |
| assists a school district or vocational center by performing a | 15 |
| preliminary energy audit, whether for a fee or free of charge, | 16 |
| prior to the issuance of a request for proposal for the funding | 17 |
| or financing of the purchase and installation of energy | 18 |
| conservation measures, then the preliminary energy audit shall | 19 |
| be submitted to the Capital Development Board Procurement | 20 |
| Bulletin and the Illinois Procurement Bulletin with the request | 21 |
| for proposal. | 22 |
| (d) To implement the requirements of this Section, the | 23 |
| Department of Commerce and Economic Opportunity shall | 24 |
| promulgate rules and provide forms for both requests for | 25 |
| proposals and conflict waivers, which shall be made available | 26 |
| on the website of the Department of Commerce and Economic |
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09600SB2116ham001 |
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LRB096 09911 RLJ 27282 a |
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| Opportunity. | 2 |
| (Source: P.A. 95-612, eff. 9-11-07.)
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| Section 15. The Public University Energy Conservation Act | 4 |
| is amended by changing Section 25 as follows:
| 5 |
| (110 ILCS 62/25)
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| Sec. 25. Installment payment contract ; lease purchase | 7 |
| agreement . A public university or
2 or more public | 8 |
| universities in combination may enter into an
installment | 9 |
| payment contract or lease purchase agreement with a qualified
| 10 |
| provider or with a third-party lender , as authorized by law, | 11 |
| for the funding or financing of the purchase and installation | 12 |
| of energy conservation measures by a qualified provider.
Each | 13 |
| public university may issue certificates evidencing the
| 14 |
| indebtedness
incurred pursuant to the contracts or agreements. | 15 |
| Any such contract or
agreement shall be valid
whether or not an | 16 |
| appropriation with respect
thereto is first included in any | 17 |
| annual or additional or supplemental budget
proposal, request, | 18 |
| or recommendation submitted by or made with respect to a
public | 19 |
| university under Section 8 of the Board of Higher Education Act | 20 |
| or as
otherwise provided by law. Each contract or agreement | 21 |
| entered
into by a public university pursuant to this Section | 22 |
| shall be
authorized by
official action resolution of the board | 23 |
| of trustees of that university. The authority granted in this | 24 |
| Section is in addition to any other authority granted by law.
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LRB096 09911 RLJ 27282 a |
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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 | 3 |
| becoming law.".
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