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| Public Act 094-1062 |
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AN ACT concerning energy conservation.
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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 | ||||
amended by adding Sections 3 and 4 and by changing Sections 5 | ||||
and 10 as follows: | ||||
(50 ILCS 515/3 new)
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Sec. 3. Applicable laws. Other State laws and related | ||||
administrative requirements apply to this Act, including, but | ||||
not limited to, the following laws and related administrative | ||||
requirements: the Illinois Human Rights Act, the Prevailing | ||||
Wage Act, the Public Construction Bond Act, the Public Works | ||||
Preference Act, the Employment of Illinois Workers on Public | ||||
Works Act, the Freedom of Information Act, the Open Meetings | ||||
Act, the Illinois Architecture Practice Act of 1989, the | ||||
Professional Engineering Practice Act of 1989, the Structural | ||||
Engineering Practice Act of 1989, the Local Government | ||||
Professional Services Selection Act, and the Contractor | ||||
Unified License and Permit Bond Act. | ||||
(50 ILCS 515/4 new)
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Sec. 4. Applicability. In order to protect the integrity of | ||||
historic buildings, no provision of this Act shall be | ||||
interpreted to require the implementation of energy | ||||
conservation measures that conflict with respect to any | ||||
property eligible for, nominated to, or entered on the National | ||||
Register of Historic Places, pursuant to the National Historic | ||||
Preservation Act of 1966, or the Illinois Register of Historic | ||||
Places, pursuant to the Illinois Historic Preservation Act.
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(50 ILCS 515/5)
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Sec. 5. Definitions. As used in this Act, unless the | ||||
context clearly
requires otherwise:
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"Energy conservation
measure" means any improvement, | ||
repair, alteration, or betterment of any
building or facility | ||
owned or operated by a unit of local government or any
| ||
equipment, fixture, or furnishing to be added to or used in any
| ||
such building or facility, subject to all applicable building | ||
codes,
that is designed to reduce
energy consumption or | ||
operating costs, and may include, without limitation,
one or | ||
more of the following:
| ||
(1) Insulation of the building structure or systems | ||
within the building.
| ||
(2) Storm windows or doors, caulking or | ||
weatherstripping, multiglazed
windows or doors, heat | ||
absorbing or heat reflective glazed and coated
window or | ||
door systems, additional glazing, reductions in glass | ||
area, or
other window and door system modifications that | ||
reduce energy consumption.
| ||
(3) Automated or computerized energy control systems.
| ||
(4) Heating, ventilating, or air conditioning system | ||
modifications or
replacements.
| ||
(5) Replacement or modification of lighting fixtures | ||
to increase the
energy efficiency of the lighting system | ||
without increasing the overall
illumination of a facility, | ||
unless an increase in illumination is necessary
to conform | ||
to the applicable State or local building code for the | ||
lighting
system after the proposed modifications are made.
| ||
(6) Energy recovery systems.
| ||
(7)
Energy conservation measures that provide | ||
long-term operating cost
reductions.
| ||
"Guaranteed energy savings contract" means a contract for: | ||
(i) the
implementation of an
energy audit, data collection, and | ||
other related analyses preliminary to
the undertaking of energy | ||
conservation measures; (ii) the evaluation and
recommendation | ||
of
energy conservation measures; (iii) the implementation of | ||
one or more
energy conservation measures; and (iv) the | ||
implementation of project
monitoring and data collection to | ||
verify post-installation energy
consumption and energy-related | ||
operating costs. The contract shall provide
that all payments, | ||
except
obligations on termination of the contract before its | ||
expiration, are to be
made over time and that the savings are | ||
guaranteed to the extent necessary
to pay the costs of
the | ||
energy conservation measures.
| ||
"Qualified provider" means a person
or business whose | ||
employees are experienced and trained in the design,
| ||
implementation, or installation of
energy conservation | ||
measures. The minimum training required for any person
or | ||
employee under this paragraph shall be the satisfactory | ||
completion of at
least 40 hours of course instruction dealing | ||
with energy conservation
measures. A qualified provider to whom | ||
the contract is
awarded shall give a sufficient bond to the | ||
unit of local government for its
faithful performance.
| ||
"Request for proposals" means a
competitive selection | ||
achieved by negotiated procurement. The request for proposals | ||
shall be announced
through at least one public notice, at least | ||
14
10 days before the request
date in a newspaper published in | ||
the territory comprising the unit of local
government or, if no | ||
newspaper is
published in that territory, in a newspaper of | ||
general circulation in the
area of the unit of local | ||
government, from a unit of local government that will
| ||
administer the
program, requesting innovative solutions and | ||
proposals for energy
conservation measures. Proposals | ||
submitted shall be sealed. The request
for proposals shall | ||
include all of the following:
| ||
(1) The name and address of the unit of local | ||
government.
| ||
(2) The name, address, title, and phone number of a | ||
contact person.
| ||
(3) Notice indicating that the unit of local government | ||
is requesting
qualified
providers to propose energy | ||
conservation measures through a guaranteed
energy savings | ||
contract.
| ||
(4) The date, time, and place where proposals must be | ||
received.
| ||
(5) The evaluation criteria for assessing the | ||
proposals.
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(6) Any other stipulations and clarifications the unit | ||
of local government
may require.
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"Unit of local government" means a county, township, or
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municipality, or park district.
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(Source: P.A. 88-173.)
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(50 ILCS 515/10)
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Sec. 10. Evaluation of proposal. Before entering into a | ||
guaranteed
energy savings contract under Section 15, a unit of | ||
local government shall
submit
a request for proposals. The unit | ||
of local government shall evaluate any
sealed
proposal from a | ||
qualified provider. The evaluation shall analyze the estimates
| ||
of all costs of installations, modifications, or remodeling, | ||
including, without
limitation, costs of a pre-installation | ||
energy audit or analysis, design,
engineering, installation, | ||
maintenance, repairs, debt
service, conversions to a different | ||
energy or fuel source, or
post-installation project | ||
monitoring, data collection, and reporting. The
evaluation | ||
shall include a detailed analysis of whether either the energy
| ||
consumed or the operating costs, or both, will be reduced. If | ||
technical
assistance is not available by a licensed architect | ||
or registered
professional engineer on the unit of local | ||
government's staff, then the
evaluation of
the proposal shall | ||
be done by a registered professional engineer or
architect who | ||
is retained by the unit of local government. Any licensed | ||
architect or registered professional engineer evaluating a | ||
proposal under this Section may not have any financial or | ||
contractual relationship with a qualified provider or other | ||
source that would constitute a conflict of interest. The unit | ||
of local
government may
pay a reasonable fee for evaluation of | ||
the proposal or include the fee as
part of the payments made | ||
under Section 20.
| ||
(Source: P.A. 88-173.)
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Section 10. The Public University Energy Conservation Act | ||
is amended by adding Sections 3 and 4 and by changing Sections | ||
5-10, 5-25, 10, 15, and 20 as follows: | ||
(110 ILCS 62/3 new)
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Sec. 3. Applicable laws. Other State laws and related | ||
administrative requirements apply to this Act, including, but | ||
not limited to, the following laws and related administrative | ||
requirements: the Illinois Human Rights Act, the Prevailing | ||
Wage Act, the Public Construction Bond Act, the Public Works | ||
Preference Act, the Employment of Illinois Workers on Public | ||
Works Act, the Freedom of Information Act, the Open Meetings | ||
Act, the Illinois Architecture Practice Act of 1989, the | ||
Professional Engineering Practice Act of 1989, the Structural | ||
Engineering Practice Act of 1989, the Architectural, | ||
Engineering, and Land Surveying Qualifications Based Selection | ||
Act, the Public Contract Fraud Act, the Business Enterprise for | ||
Minorities, Females, and Persons with Disabilities Act, and the | ||
Public Works Employment Discrimination Act. | ||
(110 ILCS 62/4 new)
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Sec. 4. Applicability. In order to protect the integrity of | ||
historic buildings, no provision of this Act shall be | ||
interpreted to require the implementation of energy | ||
conservation measures that conflict with respect to any | ||
property eligible for, nominated to, or entered on the National | ||
Register of Historic Places, pursuant to the National Historic | ||
Preservation Act of 1966, or the Illinois Register of Historic | ||
Places, pursuant to the Illinois Historic Preservation Act.
| ||
(110 ILCS 62/5-10)
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Sec. 5-10. Energy conservation measure. "Energy | ||
conservation
measure" means any improvement, repair, | ||
alteration, or betterment of any
building or facility, subject | ||
to all applicable building codes, owned or operated by a public | ||
university or any
equipment, fixture, or furnishing to be added | ||
to or used in any
such building or facility
that is designed to | ||
reduce
energy consumption or operating costs, and may include, | ||
without limitation,
one or more of the following:
| ||
(1) Insulation of the building structure or systems | ||
within the building.
| ||
(2) Storm windows or doors, caulking or | ||
weatherstripping, multiglazed
windows or doors, heat | ||
absorbing or heat reflective glazed and coated
window or | ||
door systems, additional glazing, reductions in glass | ||
area, or
other window and door system modifications that | ||
reduce energy consumption.
| ||
(3) Automated or computerized energy control systems.
| ||
(4) Heating, ventilating, or air conditioning system | ||
modifications or
replacements.
| ||
(5) Replacement or modification of lighting fixtures | ||
to increase the
energy efficiency of the lighting system | ||
without increasing the overall
illumination of a facility, | ||
unless an increase in illumination is necessary
to conform | ||
to the applicable State or local building code for the | ||
lighting
system after the proposed modifications are made.
| ||
(6) Energy recovery systems.
| ||
(7) Energy conservation measures that provide | ||
long-term operating cost
reductions.
| ||
(Source: P.A. 90-486, eff. 8-17-97.)
| ||
(110 ILCS 62/5-25)
| ||
Sec. 5-25. Request for proposals. "Request for proposals" | ||
means a
competitive selection achieved by negotiated | ||
procurement. The request for proposals shall be announced
by | ||
the public university that will administer the program in the | ||
Illinois Public Higher Education Procurement Bulletin and
| ||
through at least one
public notice, at least 14
10 days before | ||
the request
date, in a newspaper published in the county in | ||
which that public university is
located, or if no newspaper is
| ||
published in that county, in a newspaper of general circulation | ||
in the
area of that county, requesting innovative solutions and | ||
proposals for energy
conservation measures. Proposals | ||
submitted shall be sealed. The request
for proposals shall | ||
include all of the following:
| ||
(1) The name and address of the public university that | ||
will administer the
program.
| ||
(2) The name, address, title, and phone number of a | ||
contact person.
| ||
(3) Notice indicating that the public university is | ||
requesting
qualified
providers to propose energy | ||
conservation measures through a guaranteed
energy savings | ||
contract.
| ||
(4) The date, time, and place where proposals must be | ||
received.
| ||
(5) The evaluation criteria for assessing the | ||
proposals.
| ||
(6) Any other stipulations and clarifications the | ||
public university may
require.
| ||
(Source: P.A. 90-486, eff. 8-17-97.)
| ||
(110 ILCS 62/10)
| ||
Sec. 10. Evaluation of proposal. Before entering into a | ||
guaranteed
energy savings contract under Section 15, a public | ||
university shall
submit
a request for proposals. The public | ||
university shall evaluate any
sealed proposal
from a qualified | ||
provider. The evaluation shall analyze the estimates of
all | ||
costs of installations, modifications or remodeling, | ||
including, without
limitation, costs of a pre-installation | ||
energy audit or analysis, design,
engineering, installation, | ||
maintenance, repairs, debt
service, conversions to a different | ||
energy or fuel source, or
post-installation project | ||
monitoring, data collection, and reporting. The
evaluation | ||
shall include a detailed analysis of whether either the energy
| ||
consumed or the operating costs, or both, will be reduced. If | ||
technical
assistance is not available by a licensed architect | ||
or registered
professional engineer on the staff of the public | ||
university, then the
evaluation of
the proposal shall be done | ||
by a registered professional engineer or
architect, who is | ||
retained by the public university. Any licensed architect or | ||
registered professional engineer evaluating a proposal under | ||
this Section may not have any financial or contractual | ||
relationship with a qualified provider or other source that | ||
would constitute a conflict of interest. The public university
| ||
may
pay a reasonable fee for evaluation of the proposal or | ||
include the fee as
part of the payments made under Section 20.
| ||
(Source: P.A. 90-486, eff. 8-17-97.)
| ||
(110 ILCS 62/15)
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Sec. 15. Award of guaranteed energy savings contract. | ||
Sealed
proposals must be opened by the public university's | ||
board of trustees or a
designee of that board at a
public | ||
opening at which the contents of the proposals must be | ||
announced.
Each person or entity submitting a sealed proposal | ||
must receive at least 10
days notice of the time and place of | ||
the opening.
The public university
shall select the qualified | ||
provider that best meets the needs of
the university
district. | ||
The public university shall provide public notice of
the
| ||
meeting at which it proposes to award a guaranteed energy | ||
savings contract
and of the names of the parties to the | ||
proposed contract and the purpose of
the contract. The public | ||
notice shall be made at least 10 days prior to
the meeting. | ||
After evaluating the proposals under Section 10, a public
| ||
university
may enter into a guaranteed energy savings contract | ||
with a
qualified provider if it finds that the amount it would | ||
spend on the
energy
conservation measures recommended in the | ||
proposal would not exceed the
amount to be saved in either | ||
energy or operational costs, or both, within a
20-year
10 year
| ||
period from the date of installation, if the recommendations in
| ||
the proposal are followed. Contracts let or awarded shall be | ||
published in the next available subsequent Illinois Public | ||
Higher Education Procurement Bulletin.
| ||
(Source: P.A. 90-486, eff. 8-17-97.)
| ||
(110 ILCS 62/20)
| ||
Sec. 20. Guarantee. The guaranteed energy savings contract | ||
shall
include a written guarantee of the qualified provider | ||
that either the
energy or operational cost savings, or both, | ||
will meet or exceed within 20
10
years the costs
of the energy | ||
conservation measures. The qualified provider
shall reimburse | ||
the public university for any shortfall of guaranteed
energy
| ||
savings projected in the contract. A qualified provider shall | ||
provide a
sufficient bond to the public university for the | ||
installation and the
faithful performance of all the measures | ||
included in the contract. The
guaranteed energy savings | ||
contract may provide for payments over a period
of time, not to | ||
exceed 20
10 years from the date of final installation of the
| ||
measures.
| ||
(Source: P.A. 90-486, eff. 8-17-97.)
| ||
Section 15. The Public Community College Act is amended by | ||
adding Sections 1-3 and 1-4 and by changing Sections 5A-10, | ||
5A-25, 5A-30, 5A-35, and 5A-40 as follows: | ||
(110 ILCS 805/1-3 new)
| ||
Sec. 1-3. Applicable laws. Other State laws and related | ||
administrative requirements apply to this Act, including, but | ||
not limited to, the following laws and related administrative | ||
requirements: the Illinois Human Rights Act, the Prevailing | ||
Wage Act, the Public Construction Bond Act, the Public Works | ||
Preference Act, the Employment of Illinois Workers on Public | ||
Works Act, the Freedom of Information Act, the Open Meetings | ||
Act, the Illinois Architecture Practice Act of 1989, the | ||
Professional Engineering Practice Act of 1989, the Structural | ||
Engineering Practice Act of 1989, the Local Government | ||
Professional Services Selection Act, and the Contractor | ||
Unified License and Permit Bond Act. | ||
(110 ILCS 805/1-4 new)
| ||
Sec. 1-4. Applicability. In order to protect the integrity | ||
of historic buildings, no provision of this Act shall be | ||
interpreted to require the implementation of energy | ||
conservation measures that conflict with respect to any | ||
property eligible for, nominated to, or entered on the National | ||
Register of Historic Places, pursuant to the National Historic | ||
Preservation Act of 1966, or the Illinois Register of Historic | ||
Places, pursuant to the Illinois Historic Preservation Act.
| ||
(110 ILCS 805/5A-10)
| ||
Sec. 5A-10. Energy conservation measure. "Energy | ||
conservation
measure" means any improvement, repair, | ||
alteration, or betterment of any
building or facility owned or | ||
operated by a community college district or any
equipment, | ||
fixture, or furnishing to be added to or used in any
such | ||
building or facility, subject to all applicable building codes,
| ||
that is designed to reduce
energy consumption or operating | ||
costs, and may include, without limitation,
one or more of the | ||
following:
| ||
(1) Insulation of the building structure or systems | ||
within the building.
| ||
(2) Storm windows or doors, caulking or | ||
weatherstripping, multiglazed
windows or doors, heat | ||
absorbing or heat reflective glazed and coated
window or | ||
door systems, additional glazing, reductions in glass | ||
area, or
other window and door system modifications that | ||
reduce energy consumption.
| ||
(3) Automated or computerized energy control systems.
| ||
(4) Heating, ventilating, or air conditioning system | ||
modifications or replacements.
| ||
(5) Replacement or modification of lighting fixtures | ||
to increase the
energy efficiency of the lighting system | ||
without increasing the overall
illumination of a facility, | ||
unless an increase in illumination is necessary
to conform | ||
to the applicable State or local building code for the | ||
lighting
system after the proposed modifications are made.
| ||
(6) Energy recovery systems.
| ||
(7) Energy conservation measures that provide | ||
long-term operating cost reductions.
| ||
(Source: P.A. 88-173.)
| ||
(110 ILCS 805/5A-25)
| ||
Sec. 5A-25. Request for proposals. "Request for proposals" | ||
means a
competitive selection achieved by negotiated | ||
procurement. The request for proposals shall be announced
in | ||
the Illinois Procurement Bulletin and through at least one | ||
public notice, at least 14
10 days before the request
date in a | ||
newspaper published in the district, or if no newspaper is
| ||
published in the district, in a newspaper of general | ||
circulation in the
area of the district, by a community college | ||
district that will administer the
program, requesting | ||
innovative solutions and proposals for energy
conservation | ||
measures. Proposals submitted shall be sealed. The request
for | ||
proposals shall include all of the following:
| ||
(1) The name and address of the community college | ||
district.
| ||
(2) The name, address, title, and phone number of a | ||
contact person.
| ||
(3) Notice indicating that the community college | ||
district is requesting
qualified
providers to propose | ||
energy conservation measures through a guaranteed
energy | ||
savings contract.
| ||
(4) The date, time, and place where proposals must be | ||
received.
| ||
(5) The evaluation criteria for assessing the | ||
proposals.
| ||
(6) Any other stipulations and clarifications the | ||
community college
district may require.
| ||
(Source: P.A. 88-173.)
| ||
(110 ILCS 805/5A-30)
| ||
Sec. 5A-30. Evaluation of proposal. Before entering into a | ||
guaranteed
energy savings contract under Section 5A-35, a | ||
community college district shall
submit
a request for | ||
proposals. The community college district shall evaluate any
| ||
sealed proposal
from a qualified provider. The evaluation shall | ||
analyze the estimates of
all costs of installations, | ||
modifications or remodeling, including, without
limitation, | ||
costs of a pre-installation energy audit or analysis, design,
| ||
engineering, installation, maintenance, repairs, debt
service, | ||
conversions to a different energy or fuel source, or
| ||
post-installation project monitoring, data collection, and | ||
reporting. The
evaluation shall include a detailed analysis of | ||
whether either the energy
consumed or the operating costs, or | ||
both, will be reduced. If technical
assistance is not available | ||
by a licensed architect or registered
professional engineer on | ||
the community college district staff, then the
evaluation of
| ||
the proposal shall be done by a registered professional | ||
engineer or
architect, who is retained by the community college | ||
district. Any licensed architect or registered professional | ||
engineer evaluating a proposal under this Section may not have | ||
any financial or contractual relationship with a qualified | ||
provider or other source that would constitute a conflict of | ||
interest. The community
college district may
pay a reasonable | ||
fee for evaluation of the proposal or include the fee as
part | ||
of the payments made under Section 5A-40.
| ||
(Source: P.A. 88-173.)
| ||
(110 ILCS 805/5A-35)
| ||
Sec. 5A-35. Award of guaranteed energy savings contract. | ||
Sealed
proposals must be opened by a member or employee of the | ||
community college board
at a
public opening at which the | ||
contents of the proposals must be announced.
Each person or | ||
entity submitting a sealed proposal must receive at least 10
| ||
days notice of the time and place of the opening.
The community | ||
college
district shall select the qualified provider that best | ||
meets the needs of
the district. The community college district | ||
shall provide public notice of
the
meeting at which it proposes | ||
to award a guaranteed energy savings contract
of the names of | ||
the parties to the proposed contract and of the purpose of
the | ||
contract. The public notice shall be made at least 10 days | ||
prior to
the meeting. After evaluating the proposals under | ||
Section 5A-30, a community
college
district may enter into a | ||
guaranteed energy savings contract with a
qualified provider if | ||
it finds that the amount it would spend on the
energy
| ||
conservation measures recommended in the proposal would not | ||
exceed the
amount to be saved in either energy or operational | ||
costs, or both, within a
20-year
10 year period from the date | ||
of installation, if the recommendations in
the proposal are | ||
followed. Contracts let or awarded shall be published in the | ||
next available subsequent Illinois Procurement Bulletin.
| ||
(Source: P.A. 88-173.)
| ||
(110 ILCS 805/5A-40)
| ||
Sec. 5A-40. Guarantee. The guaranteed energy savings | ||
contract shall
include a written guarantee of the qualified | ||
provider that either the
energy or operational cost savings, or | ||
both, will meet or exceed within 20
10
years the costs
of the | ||
energy conservation measures. The qualified provider
shall | ||
reimburse the community college district for any shortfall of | ||
guaranteed
energy
savings projected in the contract. A | ||
qualified provider shall provide a
sufficient bond to the | ||
community college district for the installation and the
| ||
faithful performance of all the measures included in the | ||
contract. The
guaranteed energy savings contract may provide | ||
for payments over a period
of time, not to exceed 20
10 years | ||
from the date of final installation of the
measures.
| ||
(Source: P.A. 88-173; 88-615, eff. 9-9-94.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||