Full Text of HB6052 096th General Assembly
HB6052 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6052
Introduced 2/10/2010, by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED: |
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50 ILCS 515/25 |
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105 ILCS 5/19b-1.4 |
from Ch. 122, par. 19b-1.4 |
105 ILCS 5/19b-3 |
from Ch. 122, par. 19b-3 |
105 ILCS 5/19b-5 |
from Ch. 122, par. 19b-5 |
110 ILCS 62/25 |
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Amends the Local Government Energy Conservation Act, the School Code, and the Public University Energy Conservation Act. Provides that requests for proposals must be submitted to the administrators of the Capital Development Board Procurement Bulletin for publication. Provides that contracts let or awarded must be submitted to the administrators of the Capital Development Board Procurement Bulletin for publication. Makes changes concerning drafters of specifications submitting bids or proposals for installment contracts and other agreements proposed by a unit of local government, school district, vocational center, or public university. Provides that any consultant, architect, engineer, or other drafter of specifications who assists a unit of local government, school district, or vocational center in the preparation of specifications shall not submit a bid or proposal to meet the procurement need unless the body authorizing the contract or agreement determines in writing that there will be no substantial conflict of interest. Makes other changes. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB6052 |
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LRB096 19435 RLJ 34827 b |
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| AN ACT concerning local government.
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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 or , 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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HB6052 |
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LRB096 19435 RLJ 34827 b |
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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 the Capital | 9 |
| Development Board 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 the Capital Development | 19 |
| Board Procurement Bulletin announced in the Illinois | 20 |
| Procurement Bulletin for publication and
through at least one | 21 |
| public notice, at least 30 14 days before the request
date in a | 22 |
| newspaper published in the district or vocational center area, | 23 |
| or
if no newspaper is
published in the district or vocational | 24 |
| center area, in a newspaper of
general
circulation in the
area |
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HB6052 |
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LRB096 19435 RLJ 34827 b |
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| of the district or vocational center, from a school district or | 2 |
| area
vocational center that will administer the
program, | 3 |
| requesting innovative solutions and proposals for energy
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| conservation measures. Proposals submitted shall be sealed. | 5 |
| 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 | 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 the Capital Development | 21 |
| Board Procurement Bulletin for publication published in the | 22 |
| next available subsequent Illinois Procurement 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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HB6052 |
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LRB096 19435 RLJ 34827 b |
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| agreement . A school district or
school districts in combination | 2 |
| or an area vocational center may enter into
an
installment | 3 |
| payment contract or lease purchase agreement with a qualified
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| provider or with a third-party lender , as authorized by law, | 5 |
| for the funding or financing of the purchase and installation | 6 |
| of energy conservation measures by a qualified provider.
Every | 7 |
| school district or area vocational center 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 supplemental budget | 12 |
| adopted by
the school district or area vocational center. Each | 13 |
| contract or agreement
entered
into by a school district or area | 14 |
| vocational center pursuant to this
Section shall be authorized | 15 |
| by
official action resolution of the school board or governing | 16 |
| board of the area vocational
center, whichever is applicable. | 17 |
| The authority granted in this Section is in addition to any | 18 |
| other authority granted by law. | 19 |
| Any consultant, architect, engineer, designer, or other | 20 |
| drafter of specifications who assists the school district or | 21 |
| vocational center in the preparation of specifications shall | 22 |
| not submit a bid or proposal to meet the procurement need | 23 |
| unless the body authorizing the contract or agreement | 24 |
| determines in writing that there will be no substantial | 25 |
| conflict of interest involved. This written notice shall be | 26 |
| published in the Capital Development Board Procurement |
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HB6052 |
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LRB096 19435 RLJ 34827 b |
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| Bulletin with the Request for Proposal.
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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 | 4 |
| 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 | 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
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| 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
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| 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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HB6052 |
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LRB096 19435 RLJ 34827 b |
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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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