Bill Text: IL SB1632 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Local Government Energy Conservation Act. Makes a technical change in a Section concerning the short title.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1632 Detail]

Download: Illinois-2011-SB1632-Amended.html

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Sen. Michael W. Frerichs

Filed: 3/10/2011

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AMENDMENT TO SENATE BILL 1632
AMENDMENT NO. ______. Amend Senate Bill 1632 by replacing
everything after the enacting clause with the following:
"Section 5. The Local Government Energy Conservation Act is
amended by changing Sections 5 and 25 as follows:
(50 ILCS 515/5)
Sec. 5. Definitions. As used in this Act, unless the
context clearly requires otherwise:
"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:

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(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.
(8) Automatic fire sprinkler systems.
"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

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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. Energy savings may include
energy reduction and offsetting sources of renewable energy
funds including renewable energy credits and carbon credits.
"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 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

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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.
(6) Any other stipulations and clarifications the unit
of local government may require.
"Unit of local government" means a county, township,
municipality, or park district, public institution of higher
education, or nonpublic institution of higher education.
(Source: P.A. 96-1197, eff. 7-22-10.)
(50 ILCS 515/25)
Sec. 25. Installment payment contract; lease purchase

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agreement. A unit of local government, or units of local
government in combination, may enter into an installment
payment contract or lease purchase 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. No obligations
issued pursuant to this Act shall be regarded as indebtedness
of the unit of local government issuing those obligations or of
any other taxing district for the purpose of any limitation
imposed by law.
If an energy audit is performed by an energy services
contractor for a unit of local government within the 3 years
immediately preceding the solicitation, then the unit of local
government must publish as a reference document in the
solicitation for energy conservation measures the following:
(1) an executive summary of the energy audit provided

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that the unit of local government may exclude any
proprietary or trademarked information or practices; or
(2) the energy audit provided that the unit of local
government may redact any proprietary or trademarked
information or practices.
A unit of local government may not withhold the disclosure of
information related to (i) the unit of local government's
consumption of energy, (ii) the physical condition of the unit
of local government's facilities, and (iii) any limitations
prescribed by the unit of local government.
The solicitation must include a written disclosure that
identifies any energy services contractor that participated in
the preparation of the specifications issued by the unit of
local government. If no energy services contractor
participated in the preparation of the specifications issued by
the unit of local government, then the solicitation must
include a written disclosure that no energy services contractor
participated in the preparation of the specifications for the
unit of local government. The written disclosure shall be
published in the Capital Development Board Procurement
Bulletin with the Request for Proposal.
(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
Section 10. The Illinois Municipal Code is amended by
changing Section 8-4-1 as follows:

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(65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1)
Sec. 8-4-1. No bonds shall be issued by the corporate
authorities of any municipality until the question of
authorizing such bonds has been submitted to the electors of
that municipality provided that notice of the bond referendum,
if held before July 1, 1999, has been given in accordance with
the provisions of Section 12-5 of the Election Code in effect
at the time of the bond referendum, at least 10 and not more
than 45 days before the date of the election, notwithstanding
the time for publication otherwise imposed by Section 12-5, and
approved by a majority of the electors voting upon that
question. Notices required in connection with the submission of
public questions on or after July 1, 1999 shall be as set forth
in Section 12-5 of the Election Code. The clerk shall certify
the proposition of the corporate authorities to the proper
election authority who shall submit the question at an election
in accordance with the general election law, subject to the
notice provisions set forth in this Section.
Notice of any such election shall contain the amount of the
bond issue, purpose for which issued, and maximum rate of
interest.
However, without the submission of the question of issuing
bonds to the electors, the corporate authorities of any
municipality may authorize the issuance of any of the following
bonds:
(1) Bonds to refund any existing bonded indebtedness;

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(2) Bonds to fund or refund any existing judgment
indebtedness;
(3) In any municipality of less than 500,000 population,
bonds to anticipate the collection of installments of special
assessments and special taxes against property owned by the
municipality and to anticipate the collection of the amount
apportioned to the municipality as public benefits under
Article 9;
(4) Bonds issued by any municipality under Sections 8-4-15
through 8-4-23, 11-23-1 through 11-23-12, 11-25-1 through
11-26-6, 11-71-1 through 11-71-10, 11-74.3-1 through
11-74.3-7, 11-74.4-1 through 11-74.4-11, 11-74.5-1 through
11-74.5-15, 11-94-1 through 11-94-7, 11-102-1 through
11-102-10, 11-103-11 through 11-103-15, 11-118-1 through
11-118-6, 11-119-1 through 11-119-5, 11-129-1 through
11-129-7, 11-133-1 through 11-133-4, 11-139-1 through
11-139-12, 11-141-1 through 11-141-18 of this Code or 10-801
through 10-808 of the Illinois Highway Code, as amended;
(5) Bonds issued by the board of education of any school
district under the provisions of Sections 34-30 through 34-36
of The School Code, as amended;
(6) Bonds issued by any municipality under the provisions
of Division 6 of this Article 8; and by any municipality under
the provisions of Division 7 of this Article 8; or under the
provisions of Sections 11-121-4 and 11-121-5;
(7) Bonds to pay for the purchase of voting machines by any

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municipality that has adopted Article 24 of The Election Code,
approved May 11, 1943, as amended;
(8) Bonds issued by any municipality under Sections 15 and
46 of the "Environmental Protection Act", approved June 29,
1970;
(9) Bonds issued by the corporate authorities of any
municipality under the provisions of Section 8-4-25 of this
Article 8;
(10) Bonds issued under Section 8-4-26 of this Article 8 by
any municipality having a board of election commissioners;
(11) Bonds issued under the provisions of "An Act to
provide the manner of levying or imposing taxes for the
provision of special services to areas within the boundaries of
home rule units and nonhome rule municipalities and counties",
approved September 21, 1973;
(12) Bonds issued under Section 8-5-16 of this Code;
(13) Bonds to finance the cost of the acquisition,
construction or improvement of water or wastewater treatment
facilities mandated by an enforceable compliance schedule
developed in connection with the federal Clean Water Act or a
compliance order issued by the United States Environmental
Protection Agency or the Illinois Pollution Control Board;
provided that such bonds are authorized by an ordinance adopted
by a three-fifths majority of the corporate authorities of the
municipality issuing the bonds which ordinance shall specify
that the construction or improvement of such facilities is

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necessary to alleviate an emergency condition in such
municipality;
(14) Bonds issued by any municipality pursuant to Section
11-113.1-1;
(15) Bonds issued under Sections 11-74.6-1 through
11-74.6-45, the Industrial Jobs Recovery Law of this Code; .
(16) Bonds issued under the Innovation Development and
Economy Act, except as may be required by Section 35 of that
Act; .
(17) Bonds issued under the Local Government Energy
Conservation Act.
(Source: P.A. 96-939, eff. 6-24-10; 96-1394, eff. 7-29-10;
revised 9-2-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.".