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| Public Act 095-0612 |
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AN ACT concerning energy conservation.
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WHEREAS, Units of local government, public community | ||||
college districts, public universities, and public school | ||||
districts should be encouraged to enter into guaranteed energy | ||||
savings contracts for the purchase and installation of energy | ||||
conservation measures, when and where appropriate; and | ||||
WHEREAS, It is desirable for units of local government, | ||||
public community college districts, public universities, and | ||||
public school districts to have flexibility in choosing the | ||||
most appropriate means by which to pay for the costs of | ||||
purchasing and installing energy conservation measures, | ||||
including without limitation entering into installment payment | ||||
contracts or lease purchase agreements with qualified | ||||
providers or other third-party lenders, as authorized by law; | ||||
therefore | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 3. The Local Government Energy Conservation Act is | ||||
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 | ||||
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 | ||
other agreement with a qualified
provider or with a third | ||
party, as authorized by law, for the funding or financing of | ||
the purchase and installation of energy conservation measures | ||
by a qualified provider.
Every unit of local government may | ||
issue certificates evidencing the
indebtedness
incurred | ||
pursuant to the contracts or agreements. Any such contract or
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agreement shall be valid whether or not an appropriation with | ||
respect
thereto is first included in any annual or supplemental | ||
budget adopted by
the unit of local government. Each contract | ||
or agreement entered
into by a unit of local government | ||
pursuant to this Section shall be authorized
by
official action
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resolution of the unit of local government's governing body. | ||
The authority granted under this Section is in addition to any | ||
other authority granted by law.
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(Source: P.A. 88-173.)
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Section 5. The School Code is amended by changing Sections | ||
19b-1.1, 19b-1.4, 19b-2, 19b-3, and 19b-5 and by adding | ||
Sections 19b-15 and 19b-20 as follows:
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(105 ILCS 5/19b-1.1) (from Ch. 122, par. 19b-1.1)
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Sec. 19b-1.1. Energy conservation measure. "Energy | ||
conservation
measure" means any improvement, repair, | ||
alteration, or betterment of any
building or facility owned or | ||
operated by a school district or area
vocational center or any
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equipment, fixture, or furnishing to be added to or used in any
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such building or facility, subject to the building code | ||
authorized in Section 2-3.12 of this Code,
that is designed to | ||
reduce
energy consumption or operating costs, and may include, | ||
without limitation,
one or more of the following:
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(1) Insulation of the building structure or systems | ||
within the building.
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(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.
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(3) Automated or computerized energy control systems.
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(4) Heating, ventilating, or air conditioning system | ||
modifications or replacements.
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(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.
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(6) Energy recovery systems.
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(7) Energy conservation measures that provide | ||
long-term operating cost
reductions.
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(Source: P.A. 92-767, eff. 8-6-02.)
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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 | ||
proposals" means a
competitive selection achieved by
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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
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date in a newspaper published in the district or vocational | ||
center area, or
if no newspaper is
published in the district or | ||
vocational center area, in a newspaper of
general
circulation | ||
in the
area of the district or vocational center, from a school | ||
district or area
vocational center that will administer the
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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:
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(1) The name and address of the school district or area | ||
vocation
center.
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(2) The name, address, title, and phone number of a | ||
contact person.
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(3) Notice indicating that the school district or area | ||
vocational
center is requesting qualified
providers to | ||
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 | ||
received.
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(5) The evaluation criteria for assessing the | ||
proposals.
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(6) Any other stipulations and clarifications the | ||
school district or
area vocational center may require.
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(Source: P.A. 92-767, eff. 8-6-02.)
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(105 ILCS 5/19b-2) (from Ch. 122, par. 19b-2)
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Sec. 19b-2. Evaluation of proposal. Before entering into a | ||
guaranteed
energy savings contract under Section 19b-3, a | ||
school district or area
vocational center shall submit
a | ||
request for proposals. The school district or area vocational | ||
center
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
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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 school district or | ||
area vocational center
staff, then the evaluation of
the | ||
proposal shall be done by a registered professional engineer or
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architect, who is retained by the school district or area | ||
vocational
center. A licensed architect or registered | ||
professional engineer evaluating a proposal under this Section | ||
must not have any financial or contractual relationship with a | ||
qualified provider or other source that would constitute a | ||
conflict of interest. The school district or area vocational | ||
center may
pay a reasonable fee for evaluation of the proposal | ||
or include the fee as
part of the payments made under Section | ||
19b-4.
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(Source: P.A. 92-767, eff. 8-6-02.)
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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. | ||
Sealed
proposals must be opened by a member or employee of the | ||
school board or
governing board of the area vocational center, | ||
whichever is applicable, 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 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 | ||
provider that
best meets the needs of
the district or area | ||
vocational center. The school district or area
vocational | ||
center 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 19b-2, a school
district or area | ||
vocational center 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 | ||
period from the date of installation, if the
recommendations in
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the proposal are followed. Contracts let or awarded must be | ||
published in the next available subsequent Illinois | ||
Procurement Bulletin.
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(Source: P.A. 92-767, eff. 8-6-02.)
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(105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)
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Sec. 19b-5. Installment payment; lease purchase. A school | ||
district or
school districts in combination or an area | ||
vocational center may enter into
an
installment payment | ||
contract or lease purchase agreement with a qualified
provider | ||
or with a third-party lender, as authorized by law, for the | ||
purchase and installation of energy conservation measures by a | ||
qualified provider.
Every school district or area vocational | ||
center may issue certificates
evidencing the indebtedness
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incurred pursuant to the contracts or agreements. Any such | ||
contract or
agreement shall be valid whether or not an | ||
appropriation with respect
thereto is first included in any | ||
annual or supplemental budget adopted by
the school district or | ||
area vocational center. Each contract or agreement
entered
into | ||
by a school district or area vocational center pursuant to this
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Section shall be authorized by
resolution of the school board | ||
or governing board of the area vocational
center, whichever is | ||
applicable.
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(Source: P.A. 92-767, eff. 8-6-02.)
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(105 ILCS 5/19b-15 new) | ||
Sec. 19b-15. Applicable laws. Other State laws and related | ||
administrative requirements apply to this Article, 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. | ||
(105 ILCS 5/19b-20 new) | ||
Sec. 19b-20. Historic preservation. In order to protect | ||
the integrity of historic buildings, no provision of this | ||
Article 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. | ||
Section 10. The Public University Energy Conservation Act | ||
is amended by changing Section 25 as follows:
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(110 ILCS 62/25)
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Sec. 25. Installment payment; lease purchase. A public | ||
university or
2 or more public universities in combination may | ||
enter into an
installment payment contract or lease purchase | ||
agreement with a qualified
provider or with a third-party | ||
lender, as authorized by law, for the purchase and installation | ||
of energy conservation measures by a qualified provider.
Each | ||
public university may issue certificates evidencing the
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indebtedness
incurred pursuant to the contracts or agreements. | ||
Any such contract or
agreement shall be valid
whether or not an | ||
appropriation with respect
thereto is first included in any | ||
annual or additional or supplemental budget
proposal, request, | ||
or recommendation submitted by or made with respect to a
public | ||
university under Section 8 of the Board of Higher Education Act | ||
or as
otherwise provided by law. Each contract or agreement | ||
entered
into by a public university pursuant to this Section | ||
shall be
authorized by
resolution of the board of trustees of | ||
that university.
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(Source: P.A. 90-486, eff. 8-17-97.)
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Section 15. The Public Community College Act is amended by | ||
changing Section 5A-45 as follows:
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(110 ILCS 805/5A-45)
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Sec. 5A-45. Installment payment; lease purchase. A | ||
community college district or
2 or more such districts in | ||
combination may enter into an
installment payment contract or | ||
lease purchase agreement with a qualified
provider or with a | ||
third-party lender, as authorized by law, for the purchase and | ||
installation of energy conservation measures by a qualified | ||
provider.
Every community college district may issue | ||
certificates evidencing the
indebtedness
incurred pursuant to | ||
the contracts or agreements. Any such contract or
agreement | ||
shall be valid
whether or not an appropriation with respect
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thereto is first included in any annual or additional or | ||
supplemental budget
adopted by
the community college district. | ||
Each contract or agreement entered
into by a community college | ||
district pursuant to this Section shall be
authorized by
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resolution of the community college board.
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(Source: P.A. 88-173.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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