SB2116ham001 96TH GENERAL ASSEMBLY

Rep. Julie Hamos

Filed: 5/21/2009

09600SB2116ham001 LRB096 09911 RLJ 27282 a

AMENDMENT TO SENATE BILL 2116

AMENDMENT NO. ______. Amend Senate Bill 2116 by replacing everything after the enacting clause with the following:

"Section 5. The Local Government Energy Conservation Act is amended by changing Sections 20 and 25 as follows:

(50 ILCS 515/20)

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 unit of local government for any shortfall of guaranteed energy savings projected in the contract. A qualified provider shall provide a sufficient bond to the unit of local government 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 the final installation of the measures.

(Source: P.A. 88-173; 88-615, eff. 9-9-94.)

(50 ILCS 515/25)

Sec. 25. Installment payment contract; lease purchase agreement; or other agreement.

(a) A unit of local government, or units of local government in combination, may enter into an installment payment contract, 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 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 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.

(b) If a potential bidder, including, but not limited to, a consultant, architect, engineer, or drafter of specifications, assists a unit of local government prior to the issuance of a request for proposal for the funding or financing of the purchase and installation of energy conservation measures, then:

(1) The unit of local government must use a standardized request for proposal form approved by the Department of Commerce and Economic Opportunity; or

(2) A substantial conflict of interest is presumed when a potential bidder (i) proposes the use of its own company's proprietary systems, (ii) provides restrictive equipment specifications in the request for proposal, (iii) mandates that specific improvements be included in the request for proposal in order to submit a proposal to the unit of local government, or (iv) performs fee for service consulting on the proposed project in order to prepare the unit of local government to issue the request for proposal. The presumption of a substantial conflict of interest under this subsection may be overcome if the body authorizing the contract or agreement states in writing on a form, as approved by the Department of Commerce and Economic Opportunity, that it has voted to waive any of the applicable conflicts listed in this subsection and states the reasons why the conflict does not prohibit the potential bidder's participation as a bidder. The form shall also include a statement that materials, references, and assistance in developing requests for proposal may be obtained through the Department of Commerce and Economic Opportunity. The form shall be signed and submitted for publication in the Capital Development Board Procurement Bulletin and the Illinois Procurement Bulletin with the request for proposal.

(c) If a potential bidder, including but not limited to a consultant, architect, engineer, or drafter of specifications, assists a unit of local government by performing a preliminary energy audit, whether for a fee or free of charge, prior to the issuance of a request for proposal for the funding or financing of the purchase and installation of energy conservation measures, then the preliminary energy audit shall be submitted to the Capital Development Board Procurement Bulletin and the Illinois Procurement Bulletin with the request for proposal.

(d) To implement the requirements of this Section, the Department of Commerce and Economic Opportunity shall promulgate rules and provide forms for both requests for proposals and conflict waivers, which shall be made available on the website of the Department of Commerce and Economic Opportunity.

(Source: P.A. 95-612, eff. 9-11-07.)

Section 10. The School Code is amended by changing Sections 19b-1.4, 19b-3, and 19b-5 as follows:

(105 ILCS 5/19b-1.4) (from Ch. 122, par. 19b-1.4)

Sec. 19b-1.4. Request for proposals. "Request for proposals" means a competitive selection achieved by negotiated procurement. The request for proposals shall be submitted to the administrators of the Capital Development Board Procurement Bulletin and announced in the Illinois Procurement Bulletin for publication and through at least one public notice, at least 30 14 days before the request 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 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 school district or area vocation center.

(2) The name, address, title, and phone number of a contact person.

(3) Notice indicating that the school district or area vocational center 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 school district or area vocational center may require.

(Source: P.A. 95-612, eff. 9-11-07.)

(105 ILCS 5/19b-3) (from Ch. 122, par. 19b-3)

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 days notice of the time and place of the opening. The school 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 the proposal are followed. Contracts let or awarded must be submitted to the administrators of the Capital Development Board Procurement Bulletin and the published in the next available subsequent Illinois Procurement Bulletin for publication.

(Source: P.A. 95-612, eff. 9-11-07.)

(105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)

Sec. 19b-5. Installment payment contract; lease purchase agreement.

(a) 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 funding or financing of 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 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 Section shall be authorized by official action resolution of the school board or governing board of the area vocational center, whichever is applicable. The authority granted in this Section is in addition to any other authority granted by law.

(b) If a potential bidder, including, but not limited to, a consultant, architect, engineer, or drafter of specifications, assists a school district or vocational center prior to the issuance of a request for proposal for the funding or financing of the purchase and installation of energy conservation measures, then:

(1) The school district or vocational center must use a standardized request for proposal form approved by the Department of Commerce and Economic Opportunity; or

(2) A substantial conflict of interest exists when a potential bidder (i) proposes the use of its own company's proprietary systems, (ii) provides restrictive equipment specifications in the request for proposal, (iii) mandates that specific improvements be included in the request for proposal in order to submit a proposal to the unit of local government, or (iv) performs fee for service consulting on the proposed project in order to prepare the unit of local government to issue the request for proposal. The presumption of a substantial conflict of interest under this subsection may be overcome if the body authorizing the contract or agreement states in writing on a form, as approved by the Department of Commerce and Economic Opportunity, that it has voted to waive any of the applicable conflicts listed in this subsection and states the reasons why the conflict does not prohibit the potential bidder's participation as a bidder. The form shall also include a statement that materials, references, and assistance in developing requests for proposal may be obtained through the Department of Commerce and Economic Opportunity. The form shall be signed and submitted for publication in the Capital Development Board Procurement Bulletin and the Illinois Procurement Bulletin with the request for proposal.

(c) If a potential bidder, including but not limited to a consultant, architect, engineer, or drafter of specifications, assists a school district or vocational center by performing a preliminary energy audit, whether for a fee or free of charge, prior to the issuance of a request for proposal for the funding or financing of the purchase and installation of energy conservation measures, then the preliminary energy audit shall be submitted to the Capital Development Board Procurement Bulletin and the Illinois Procurement Bulletin with the request for proposal.

(d) To implement the requirements of this Section, the Department of Commerce and Economic Opportunity shall promulgate rules and provide forms for both requests for proposals and conflict waivers, which shall be made available on the website of the Department of Commerce and Economic Opportunity.

(Source: P.A. 95-612, eff. 9-11-07.)

Section 15. The Public University Energy Conservation Act is amended by changing Section 25 as follows:

(110 ILCS 62/25)

Sec. 25. Installment payment contract; lease purchase agreement. 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 funding or financing of the purchase and installation of energy conservation measures by a qualified provider. Each public university 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 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 official action resolution of the board of trustees of that university. The authority granted in this Section is in addition to any other authority granted by law.

(Source: P.A. 95-612, eff. 9-11-07.)

Section 99. Effective date. This Act takes effect upon becoming law.".