Full Text of SB2638 95th General Assembly
SB2638eng 95TH GENERAL ASSEMBLY
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SB2638 Engrossed |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Local Government Energy Conservation Act is | 5 |
| amended by changing Section 25 as follows:
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| (50 ILCS 515/25)
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| Sec. 25. Installment payment contract; lease purchase | 8 |
| agreement; or other agreement. A unit of local
government, or
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| units of local government in combination, may enter into an
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| installment payment contract, lease purchase agreement, or | 11 |
| other agreement with a qualified
provider or with a third | 12 |
| party, as authorized by law, for the funding or financing of | 13 |
| the purchase and installation of energy conservation measures | 14 |
| by a qualified provider.
Every unit of local government may | 15 |
| issue certificates evidencing the
indebtedness
incurred | 16 |
| pursuant to the contracts or agreements. Any such contract or
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| agreement shall be valid whether or not an appropriation with | 18 |
| respect
thereto is first included in any annual or supplemental | 19 |
| budget adopted by
the unit of local government. Each contract | 20 |
| or agreement entered
into by a unit of local government | 21 |
| pursuant to this Section shall be authorized
by
official action | 22 |
| of the unit of local government's governing body. The authority | 23 |
| granted under this Section is in addition to any other |
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SB2638 Engrossed |
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| authority granted by law.
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| Any consultant, architect, engineer, designer, or other | 3 |
| drafter of specifications who assists the unit of local | 4 |
| government in the preparation of specifications shall not | 5 |
| submit a bid or proposal to meet the procurement need unless | 6 |
| the body authorizing the contract or agreement determines in | 7 |
| writing that there will be no substantial conflict of interest | 8 |
| involved. This written notice shall be published in each volume | 9 |
| of the Illinois Procurement Bulletin with the Request for | 10 |
| Proposal. | 11 |
| (Source: P.A. 95-612, eff. 9-11-07.)
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| Section 10. The School Code is amended by changing Sections | 13 |
| 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 | 16 |
| proposals" means a
competitive selection achieved by
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| negotiated procurement. The request for proposals shall be | 18 |
| submitted to the administrators of all 4 volumes of announced | 19 |
| in the Illinois Procurement Bulletin for publication in each | 20 |
| bulletin and
through at least one public notice, at least 14 | 21 |
| days before the request
date in a newspaper published in the | 22 |
| district or vocational center area, or
if no newspaper is
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| published in the district or vocational center area, in a | 24 |
| newspaper of
general
circulation in the
area of the district or |
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| vocational center, from a school district or area
vocational | 2 |
| center that will administer the
program, requesting innovative | 3 |
| solutions and proposals for energy
conservation measures. | 4 |
| Proposals submitted shall be sealed. The request
for proposals | 5 |
| shall include all of the following:
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| (1) The name and address of the school district or area | 7 |
| vocation
center.
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| (2) The name, address, title, and phone number of a | 9 |
| contact person.
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| (3) Notice indicating that the school district or area | 11 |
| vocational
center is requesting qualified
providers to | 12 |
| 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 | 15 |
| received.
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| (5) The evaluation criteria for assessing the | 17 |
| proposals.
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| (6) Any other stipulations and clarifications the | 19 |
| 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. | 23 |
| Sealed
proposals must be opened by a member or employee of the | 24 |
| school board or
governing board of the area vocational center, | 25 |
| whichever is applicable, at a
public opening at which the |
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| contents of the proposals must be announced.
Each person or | 2 |
| 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 | 5 |
| provider that
best meets the needs of
the district or area | 6 |
| vocational center. The school district or area
vocational | 7 |
| center shall provide public notice of the
meeting at which it | 8 |
| proposes to award a guaranteed energy savings contract
of the | 9 |
| names of the parties to the proposed contract and of the | 10 |
| purpose of
the contract. The public notice shall be made at | 11 |
| least 10 days prior to
the meeting. After evaluating the | 12 |
| proposals under Section 19b-2, a school
district or area | 13 |
| vocational center may enter into a guaranteed energy
savings | 14 |
| contract with a
qualified provider if it finds that the amount | 15 |
| it would spend on the energy
conservation measures recommended | 16 |
| in the proposal would not exceed the
amount to be saved in | 17 |
| either energy or operational costs, or both, within a
20-year | 18 |
| period from the date of installation, if the
recommendations in
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| the proposal are followed. Contracts let or awarded must be | 20 |
| submitted to the administrators of all 4 volumes of the | 21 |
| published in the next available subsequent Illinois | 22 |
| Procurement Bulletin for publication in each bulletin .
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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 |
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LRB095 19619 NHT 45959 b |
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| agreement; or other agreement . A school district or
school | 2 |
| districts in combination or an area vocational center may enter | 3 |
| into
an
installment payment contract , or lease purchase | 4 |
| agreement , or other agreement with a qualified
provider or with | 5 |
| a third-party lender , as authorized by law, for the funding or | 6 |
| financing of the purchase and installation of energy | 7 |
| conservation measures by a qualified provider.
Every school | 8 |
| district or area vocational center may issue certificates
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| evidencing the indebtedness
incurred pursuant to the contracts | 10 |
| or agreements. Any such contract or
agreement shall be valid | 11 |
| whether or not an appropriation with respect
thereto is first | 12 |
| included in any annual or supplemental budget adopted by
the | 13 |
| school district or area vocational center. Each contract or | 14 |
| agreement
entered
into by a school district or area vocational | 15 |
| center pursuant to this
Section shall be authorized by
official | 16 |
| action resolution of the school board or governing board of the | 17 |
| area vocational
center, whichever is applicable. The authority | 18 |
| granted in this Section is in addition to any other authority | 19 |
| granted by law.
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| (Source: P.A. 95-612, eff. 9-11-07.)
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| Section 15. The Public University Energy Conservation Act | 22 |
| 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 |
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| agreement; or other agreement . A public university or
2 or | 2 |
| more public universities in combination may enter into an
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| installment payment contract , or lease purchase agreement , or | 4 |
| other agreement with a qualified
provider or with a third-party | 5 |
| lender , as authorized by law, for the funding or financing of | 6 |
| the purchase and installation of energy conservation measures | 7 |
| by a qualified provider.
Each public university may issue | 8 |
| certificates evidencing the
indebtedness
incurred pursuant to | 9 |
| the contracts or agreements. Any such contract or
agreement | 10 |
| shall be valid
whether or not an appropriation with respect
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| thereto is first included in any annual or additional or | 12 |
| supplemental budget
proposal, request, or recommendation | 13 |
| submitted by or made with respect to a
public university under | 14 |
| Section 8 of the Board of Higher Education Act or as
otherwise | 15 |
| provided by law. Each contract or agreement entered
into by a | 16 |
| public university pursuant to this Section shall be
authorized | 17 |
| by
official action resolution of the board of trustees of that | 18 |
| university. The authority granted in this Section is in | 19 |
| 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 | 22 |
| becoming law.
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