Bill Text: IL SB2632 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Department of Natural Resources Act. Provides that the Department of Natural Resources may lease land on property of which the Department has jurisdiction for the purpose of creating, operating, or maintaining a commercial solar energy system or a clean energy project. Provides that the lease shall be for a period not longer than 25 years. Provides that, if practical, the Department shall require that any land or property over which the Department has jurisdiction and that is used for the purpose of creating, operating, or maintaining a commercial solar energy system shall have implemented on it and maintained management practices that would qualify the land or property as a beneficial habitat under the Pollinator-Friendly Solar Site Act. Amends the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. Defines "clean energy". Provides that the Department may provide for at least one electric vehicle charging station, as defined in the Electric Vehicle Act, at any State park or other real property that is owned by the Department where electrical service will reasonably permit. Provides that the Department is authorized to charge user fees for the use of an electric vehicle charging station. Amends the State Parks Act to make conforming changes. Amends the Illinois Procurement Code. Exempts certain expenditures by the Department of Natural Resources from the Code.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2632 Detail]

Download: Illinois-2023-SB2632-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2632 Introduced 10/26/2023, by Sen. Doris Turner SYNOPSIS AS INTRODUCED:
20 ILCS 801/1-20
20 ILCS 801/1-50 new
20 ILCS 805/805-5
20 ILCS 805/805-230 was 20 ILCS 805/63a18
20 ILCS 805/805-235 was 20 ILCS 805/63a6
20 ILCS 805/805-280 new
20 ILCS 805/805-580 new
20 ILCS 835/2 from Ch. 105, par. 466
20 ILCS 835/3 from Ch. 105, par. 467
20 ILCS 835/3a from Ch. 105, par. 467a
20 ILCS 835/4 from Ch. 105, par. 468
30 ILCS 500/1-10
Amends the Department of Natural Resources Act. Provides that the Department of Natural Resources may lease land on property of which the Department has jurisdiction for the purpose of creating, operating, or maintaining a commercial solar energy system or a clean energy project. Provides that the lease shall be for a period not longer than 25 years. Provides that, if practical, the Department shall require that any land or property over which the Department has jurisdiction and that is used for the purpose of creating, operating, or maintaining a commercial solar energy system shall have implemented on it and maintained management practices that would qualify the land or property as a beneficial habitat under the Pollinator-Friendly Solar Site Act. Amends the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. Defines "clean energy". Provides that the Department may provide for at least one electric vehicle charging station, as defined in the Electric Vehicle Act, at any State park or other real property that is owned by the Department where electrical service will reasonably permit. Provides that the Department is authorized to charge user fees for the use of an electric vehicle charging station. Amends the State Parks Act to make conforming changes. Amends the Illinois Procurement Code. Exempts certain expenditures by the Department of Natural Resources from the Code.
LRB103 35022 RLC 64950 b
A BILL FOR
SB2632 LRB103 35022 RLC 64950 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Natural Resources Act is
amended by changing Section 1-20 and by adding Section 1-50 as
follows:
(20 ILCS 801/1-20)
Sec. 1-20. Real property. The Department has the power:
(a) To transfer jurisdiction of any realty under the
control of the Department to any other Department of the State
Government, or to any authority, commission or other agency of
the State, and to acquire or accept federal lands, when such
transfer, acquisition or acceptance is advantageous to the
State and is approved in writing by the Governor.
(b) To lease, from time to time, any land or property, with
or without appurtenances, of which the Department has
jurisdiction, and which are not immediately to be used or
developed by the State; provided that no such lease be for a
longer period of time than that in which it can reasonably be
expected the State will not have use for such property, and
further provided that no such lease be for a longer period of
time than 5 years.
(c) To lease any land or property of which the Department

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has jurisdiction for the purpose of creating, operating, or
maintaining a commercial solar energy system, as defined in
Section 10-720 of the Property Tax Code, or a clean energy
project, as defined in the Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of
Illinois. The lease shall not be for a period longer than 25
years. If practical, the Department shall require that any
land or property over which the Department has jurisdiction
and that is used for the purpose of creating, operating, or
maintaining a commercial solar energy system shall have
implemented on it and maintained management practices that
would qualify the land or property as a beneficial habitat
under the Pollinator-Friendly Solar Site Act.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 801/1-50 new)
Sec. 1-50. Administrative rules. The Department of Natural
Resources has the power to make and enforce rules and
regulations necessary to carry out its duties under this Act.
Section 10. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of
Illinois is amended by changing Sections 805-5, 805-230,
805-235, and 805-280 and by adding Section 805-580 as follows:
(20 ILCS 805/805-5)

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Sec. 805-5. Definitions. In this Law:
"Clean energy" means energy that is generated, by design
or operation, in a manner that is substantially free of carbon
dioxide emissions or in a manner that otherwise contributes to
the reduction in emissions of environmentally hazardous
materials or reduces the volume of environmentally dangerous
materials.
"Clean energy project" means a project that is undertaken
to acquire, construct, refurbish, create, develop, or
redevelop any facility, equipment, machinery, or real or
personal property and that will aid, assist, or encourage the
development or implementation of clean energy in the State.
"Department" means the Department of Natural Resources.
"Director" means the Director of Natural Resources.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-230) (was 20 ILCS 805/63a18)
Sec. 805-230. Developing recreational areas. The
Department has the power to lease from individuals,
corporations, or any other form of private ownership, from any
municipality, public corporation, or political subdivision of
this State, or from the United States any lands or waters for
the purpose of developing outdoor recreational areas for
public use and to acquire all necessary property or
rights-of-way for the purposes of ingress or egress to those
lands and waters and to construct buildings and other

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recreational facilities, including roadways, bridges, and
parking areas, commercial solar energy systems, and clean
energy projects that the Department deems necessary or
desirable for maximum utilization of recreational facilities
for public use of the areas.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-235) (was 20 ILCS 805/63a6)
Sec. 805-235. Lease of lands acquired by the Department;
disposition of obsolete buildings. The Department has the
power to do and perform each and every act or thing considered
by the Director to be necessary or desirable to fulfill and
carry out the intent and purpose of all laws pertaining to the
Department, including the right to rehabilitate or sell at
public auction buildings or structures affixed to lands over
which the Department has acquired jurisdiction when in the
judgment of the Director those buildings or structures are
obsolete, inadequate, or unusable for the purposes of the
Department and to lease those lands with or without
appurtenances for a consideration in money or in kind for a
period of time not in excess of 10 5 years for the purposes and
upon the terms and conditions that the Director considers to
be in the best interests of the State when those lands are not
immediately to be used or developed by the State. All those
sales shall be made subject to the written approval of the
Governor. The funds derived from those sales and from those

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leases shall be deposited in the State Parks Fund, except that
funds derived from those sales and from those leases on lands
managed and operated principally as wildlife or fisheries
areas by the Department shall be deposited in the Wildlife and
Fish Fund.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-280 new)
Sec. 805-280. Leases for the purpose of creating,
operating, or maintaining a commercial solar energy system or
clean energy project. The Department may lease any land or
property of which the Department has jurisdiction for the
purpose of creating, operating, or maintaining a commercial
solar energy system, as defined in Section 10-720 of the
Property Tax Code, or a clean energy project. The lease shall
not be for a period longer than 25 years. If practical, the
Department shall require that any land or property over which
the Department has jurisdiction that is used for the purpose
of creating, operating, or maintaining a commercial solar
energy system shall have implemented on it and maintained
management practices that would qualify the land or property
as a beneficial habitat under the Pollinator-Friendly Solar
Site Act.
(20 ILCS 805/805-580 new)
Sec. 805-580. Electric vehicle charging stations.

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(a) The Department may provide for at least one electric
vehicle charging station, as defined in the Electric Vehicle
Act, at any State park or other real property that is owned by
the Department where electrical service will reasonably
permit. The Department is authorized to charge user fees for
the use of such electric vehicle charging stations.
(b) The Department may adopt and publish specifications
detailing the kind and type of electric vehicle charging
stations to be provided and may adopt rules governing the fees
for use of electric vehicle charging stations at State parks
or other real property that is owned by the Department.
Section 15. The State Parks Act is amended by changing
Sections 2, 3, 3a, and 4 as follows:
(20 ILCS 835/2) (from Ch. 105, par. 466)
Sec. 2. It shall be the policy of the State of Illinois to
acquire a system of State parks which shall embody the
following purposes and objectives:
(1) To preserve the most important historic sites and
events that which are connected with the peoples who are
geographically and culturally affiliated to the land now
known as the State of Illinois early pioneer or Indian
history, so that their such history of the Indians,
explorers, missionaries and settlers may be preserved, not
only as a tribute to those peoples that came before us who

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made possible the building of the State of Illinois and of
the Union, but also as a part of the education of present
and future Illinois citizens.
(2) To set aside as public reservations those
locations which have unusual scenic attractions caused by
geologic or topographic formations, such as canyons,
gorges, caves, dunes, beaches, moraines, palisades,
examples of Illinois prairie, and points of scientific
interest to botanists and naturalists. These areas should
be large in size and whenever practicable shall be not
less than 1,000 acres in extent. However, smaller areas
may be acquired wherever conditions do not warrant the
acquisition of the larger acreage.
(3) To preserve large forested areas and marginal
lands along the rivers, small water courses, and lakes for
a recreation use different from that given by the typical
city park, and so that these tracts may remain unchanged
by civilization, so far as possible, and be kept for
future generations. Such areas also, should be acquired in
units of 1,000 acres or more and may be available as fish
and game preserves. However, smaller areas may be acquired
wherever conditions do not warrant the acquisition of the
larger acreage.
(4) To connect these parks with each other by a system
of scenic parkways with widths varying from 100 to 1,000
feet, as a supplement to and completion of the State

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highway system. Where the present State highway routes may
serve this purpose, their location, alignment and design
should be studied with this plan in view. At suitable
locations along these highways, pure water supplies and
shelters and comfort facilities of attractive design may
be installed for the convenience of the public.
The Department of Natural Resources is authorized in
behalf of the State of Illinois to accept by donation or
bequest, to purchase or acquire by condemnation proceedings in
the manner provided for the exercise of the power of eminent
domain under the Eminent Domain Act, or by contract for deed
payable over a period of time not to exceed 10 years, or in any
other legal manner, the title to all such lands, waters or
regions, and the easements appurtenant or contributory
thereto, which shall be in accord with such policy in respect
to a system of State parks, for the purpose of which the
General Assembly may make an appropriation. Purchases by
contract for deed under this Section shall not exceed
$20,000,000 in total purchase price for land under contract at
any one given time.
(Source: P.A. 94-1055, eff. 1-1-07.)
(20 ILCS 835/3) (from Ch. 105, par. 467)
Sec. 3. In maintaining the State parks the Department of
Natural Resources shall conserve the original character as
distinguished from the artificial landscaping of such parks.

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As used in this Section, "artificial landscaping" does not
include any landscaping or other site modification or use
resulting from any lease entered into by the Department of
Natural Resources for the creation, operation, or maintenance
of a commercial solar energy system, as defined in Section
10-720 of the Property Tax Code, or a clean energy project, as
defined in the Department of Natural Resources (Conservation)
Law of the Civil Administrative Code of Illinois. Instead,
these site modifications and uses are hereby deemed to support
conservation of the original character of the parks.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 835/3a) (from Ch. 105, par. 467a)
Sec. 3a. The Department of Natural Resources shall not
dispose of any portion of a State park except as specifically
authorized by law. This prohibition shall not restrict the
Department from conveyance of easements, leases, and other
lesser interests in land.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 835/4) (from Ch. 105, par. 468)
Sec. 4. The Department of Natural Resources has the power:
(1) To make rules and regulations necessary to carry out
its duties under this Act, including rules and regulations for
the use, care, improvement, control and administration of
lands under its jurisdiction, and to enforce the same.

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(2) To employ such custodians, keepers, clerks,
assistants, laborers and subordinates as may be necessary to
carry out the provisions of this Act.
(3) To lay out, construct and maintain all needful roads,
parking areas, paths or trails, bridges, and docks, camp or
lodge sites, picnic areas, beach houses, lodges and cabins and
any other structures and improvements necessary and
appropriate in any state park or easement thereto; and to
provide water supplies, heat and light, and sanitary
facilities for the public and living quarters for the
custodians and keepers of state parks.
(4) To replant any devastated native plant areas of any
State park or increase or supplement the same when necessary
with plant material indigenous to such park.
(5) To cooperate with the United States government and
with other states in matters relating to the care,
improvement, control and administration of national or
interstate parks.
(6) To cooperate and contract with any agency,
organization or individual in a manner consistent with the
purposes of this Act and the powers granted the Department
herein.
(7) To accept and administer gifts, grants and legacies of
money, securities or property to be used by the Department of
Natural Resources for the purposes of this Act and according
to the tenor of such gift, grant or legacy.

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(8) To enter into leases that allow for the creation,
operation, or maintenance of a commercial solar energy system,
as defined in Section 10-720 of the Property Tax Code, or a
clean energy project, as defined in the Department of Natural
Resources (Conservation) Law of the Civil Administrative Code
of Illinois. If practical, the Department shall require that
any land or property over which the Department has
jurisdiction that is used for the purpose of creating,
operating, or maintaining a commercial solar energy system
shall have implemented on it and maintained management
practices that would qualify the land or property as a
beneficial habitat under the Pollinator-Friendly Solar Site
Act.
(Source: P.A. 89-445, eff. 2-7-96.)
Section 20. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any
provision of a contract, entered into based on a solicitation
prior to the implementation date of this Code as described in

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Article 99, including, but not limited to, any covenant
entered into with respect to any revenue bonds or similar
instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies, except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care, except as provided in Section
5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as an employee and not as
an independent contractor, whether pursuant to an
employment code or policy or by contract directly with
that individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of
this type of contract with a value of more than $25,000
must be published in the Procurement Bulletin within 10
calendar days after the deed is recorded in the county of

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jurisdiction. The notice shall identify the real estate
purchased, the names of all parties to the contract, the
value of the contract, and the effective date of the
contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor
shall give his or her prior approval when the procuring
agency is one subject to the jurisdiction of the Governor,
and provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or
her prior approval when the procuring entity is not one
subject to the jurisdiction of the Governor.
(8) (Blank).
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(12) (A) Contracts for legal, financial, and other
professional and artistic services entered into by the
Illinois Finance Authority in which the State of Illinois

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is not obligated. Such contracts shall be awarded through
a competitive process authorized by the members of the
Illinois Finance Authority and are subject to Sections
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
as well as the final approval by the members of the
Illinois Finance Authority of the terms of the contract.
(B) Contracts for legal and financial services entered
into by the Illinois Housing Development Authority in
connection with the issuance of bonds in which the State
of Illinois is not obligated. Such contracts shall be
awarded through a competitive process authorized by the
members of the Illinois Housing Development Authority and
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
and 50-37 of this Code, as well as the final approval by
the members of the Illinois Housing Development Authority
of the terms of the contract.
(13) Contracts for services, commodities, and
equipment to support the delivery of timely forensic
science services in consultation with and subject to the
approval of the Chief Procurement Officer as provided in
subsection (d) of Section 5-4-3a of the Unified Code of
Corrections, except for the requirements of Sections
20-60, 20-65, 20-70, and 20-160 and Article 50 of this
Code; however, the Chief Procurement Officer may, in
writing with justification, waive any certification
required under Article 50 of this Code. For any contracts

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for services which are currently provided by members of a
collective bargaining agreement, the applicable terms of
the collective bargaining agreement concerning
subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),
except for this sentence, is inoperative.
(14) Contracts for participation expenditures required
by a domestic or international trade show or exhibition of
an exhibitor, member, or sponsor.
(15) Contracts with a railroad or utility that
requires the State to reimburse the railroad or utilities
for the relocation of utilities for construction or other
public purpose. Contracts included within this paragraph
(15) shall include, but not be limited to, those
associated with: relocations, crossings, installations,
and maintenance. For the purposes of this paragraph (15),
"railroad" means any form of non-highway ground
transportation that runs on rails or electromagnetic
guideways and "utility" means: (1) public utilities as
defined in Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202
of the Public Utilities Act, (3) electric cooperatives as
defined in Section 3.4 of the Electric Supplier Act, (4)
telephone or telecommunications cooperatives as defined in
Section 13-212 of the Public Utilities Act, (5) rural
water or waste water systems with 10,000 connections or

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less, (6) a holder as defined in Section 21-201 of the
Public Utilities Act, and (7) municipalities owning or
operating utility systems consisting of public utilities
as that term is defined in Section 11-117-2 of the
Illinois Municipal Code.
(16) Procurement expenditures necessary for the
Department of Public Health to provide the delivery of
timely newborn screening services in accordance with the
Newborn Metabolic Screening Act.
(17) Procurement expenditures necessary for the
Department of Agriculture, the Department of Financial and
Professional Regulation, the Department of Human Services,
and the Department of Public Health to implement the
Compassionate Use of Medical Cannabis Program and Opioid
Alternative Pilot Program requirements and ensure access
to medical cannabis for patients with debilitating medical
conditions in accordance with the Compassionate Use of
Medical Cannabis Program Act.
(18) This Code does not apply to any procurements
necessary for the Department of Agriculture, the
Department of Financial and Professional Regulation, the
Department of Human Services, the Department of Commerce
and Economic Opportunity, and the Department of Public
Health to implement the Cannabis Regulation and Tax Act if
the applicable agency has made a good faith determination
that it is necessary and appropriate for the expenditure

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to fall within this exemption and if the process is
conducted in a manner substantially in accordance with the
requirements of Sections 20-160, 25-60, 30-22, 50-5,
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
50-36, 50-37, 50-38, and 50-50 of this Code; however, for
Section 50-35, compliance applies only to contracts or
subcontracts over $100,000. Notice of each contract
entered into under this paragraph (18) that is related to
the procurement of goods and services identified in
paragraph (1) through (9) of this subsection shall be
published in the Procurement Bulletin within 14 calendar
days after contract execution. The Chief Procurement
Officer shall prescribe the form and content of the
notice. Each agency shall provide the Chief Procurement
Officer, on a monthly basis, in the form and content
prescribed by the Chief Procurement Officer, a report of
contracts that are related to the procurement of goods and
services identified in this subsection. At a minimum, this
report shall include the name of the contractor, a
description of the supply or service provided, the total
amount of the contract, the term of the contract, and the
exception to this Code utilized. A copy of any or all of
these contracts shall be made available to the Chief
Procurement Officer immediately upon request. The Chief
Procurement Officer shall submit a report to the Governor
and General Assembly no later than November 1 of each year

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that includes, at a minimum, an annual summary of the
monthly information reported to the Chief Procurement
Officer. This exemption becomes inoperative 5 years after
June 25, 2019 (the effective date of Public Act 101-27).
(19) Acquisition of modifications or adjustments,
limited to assistive technology devices and assistive
technology services, adaptive equipment, repairs, and
replacement parts to provide reasonable accommodations (i)
that enable a qualified applicant with a disability to
complete the job application process and be considered for
the position such qualified applicant desires, (ii) that
modify or adjust the work environment to enable a
qualified current employee with a disability to perform
the essential functions of the position held by that
employee, (iii) to enable a qualified current employee
with a disability to enjoy equal benefits and privileges
of employment as are enjoyed by other similarly situated
employees without disabilities, and (iv) that allow a
customer, client, claimant, or member of the public
seeking State services full use and enjoyment of and
access to its programs, services, or benefits.
For purposes of this paragraph (19):
"Assistive technology devices" means any item, piece
of equipment, or product system, whether acquired
commercially off the shelf, modified, or customized, that
is used to increase, maintain, or improve functional

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capabilities of individuals with disabilities.
"Assistive technology services" means any service that
directly assists an individual with a disability in
selection, acquisition, or use of an assistive technology
device.
"Qualified" has the same meaning and use as provided
under the federal Americans with Disabilities Act when
describing an individual with a disability.
(20) Procurement expenditures necessary for the
Illinois Commerce Commission to hire third-party
facilitators pursuant to Sections 16-105.17 and 16-108.18
of the Public Utilities Act or an ombudsman pursuant to
Section 16-107.5 of the Public Utilities Act, a
facilitator pursuant to Section 16-105.17 of the Public
Utilities Act, or a grid auditor pursuant to Section
16-105.10 of the Public Utilities Act.
(21) Procurement expenditures for the purchase,
renewal, and expansion of software, software licenses, or
software maintenance agreements that support the efforts
of the Illinois State Police to enforce, regulate, and
administer the Firearm Owners Identification Card Act, the
Firearm Concealed Carry Act, the Firearms Restraining
Order Act, the Firearm Dealer License Certification Act,
the Law Enforcement Agencies Data System (LEADS), the
Uniform Crime Reporting Act, the Criminal Identification
Act, the Illinois Uniform Conviction Information Act, and

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the Gun Trafficking Information Act, or establish or
maintain record management systems necessary to conduct
human trafficking investigations or gun trafficking or
other stolen firearm investigations. This paragraph (21)
applies to contracts entered into on or after January 10,
2023 (the effective date of Public Act 102-1116) this
amendatory Act of the 102nd General Assembly and the
renewal of contracts that are in effect on January 10,
2023 (the effective date of Public Act 102-1116) this
amendatory Act of the 102nd General Assembly.
(22) Contracts for project management services and
system integration services required for the completion of
the State's enterprise resource planning project. This
exemption becomes inoperative 5 years after June 7, 2023
(the effective date of the changes made to this Section by
Public Act 103-8) this amendatory Act of the 103rd General
Assembly. This paragraph (22) applies to contracts entered
into on or after June 7, 2023 (the effective date of the
changes made to this Section by Public Act 103-8) this
amendatory Act of the 103rd General Assembly and the
renewal of contracts that are in effect on June 7, 2023
(the effective date of the changes made to this Section by
Public Act 103-8) this amendatory Act of the 103rd General
Assembly.
(23) (22) Procurements necessary for the Department of
Insurance to implement the Illinois Health Benefits

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Exchange Law if the Department of Insurance has made a
good faith determination that it is necessary and
appropriate for the expenditure to fall within this
exemption. The procurement process shall be conducted in a
manner substantially in accordance with the requirements
of Sections 20-160 and 25-60 and Article 50 of this Code. A
copy of these contracts shall be made available to the
Chief Procurement Officer immediately upon request. This
paragraph is inoperative 5 years after June 27, 2023 (the
effective date of Public Act 103-103) this amendatory Act
of the 103rd General Assembly.
(24) Expenditures for the Department of Natural
Resources to achieve and maintain compliance with the Law
Enforcement Officer-Worn Body Camera Act and involving
body cameras, information technology, or contractual
services relevant to the collection of evidence that is to
be used in administrative, judicial, legislative, or
disciplinary proceedings and that must be maintained in a
secure and confidential manner to protect its integrity.
This paragraph (24) applies to contracts entered into on
or after the effective date of this amendatory Act of the
103rd General Assembly and the renewal of contracts that
are in effect on the effective date of this amendatory act
of the 103rd General Assembly regarding all purchases by
the Illinois Department of Natural Resources related to
the Law Enforcement Officer-Worn Body Camera Act.

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(25) Expenditures for the purchase, renewal, and
expansion of technology, software, software licenses, or
software maintenance agreements that support the efforts
of the Illinois Department of Natural Resources, Office of
Law Enforcement, for administrative purposes and to
enforce and regulate all criminal statutes, including, but
not limited to, the Boat Registration and Safety Act, the
Fish and Aquatic Life Code, the Wildlife Code, the
Snowmobile Registration and Safety Act, and the Timber
Buyers Licensing Act and all applicable administrative
rules, and to establish or maintain record management
systems necessary to ensure that law enforcement records
are created, managed, retained, and disposed of in a
manner that supports all laws and the operational needs
the Office of Law Enforcement while also protecting the
rights and interests of individuals and the public.
(26) Expenditures necessary to provide for the
purchase, site preparation, installation, maintenance, and
repair of a clean energy project, including, but not
limited to, solar energy projects, renewable energy
projects, and electrification of facility infrastructure,
and electric vehicle charging stations, as defined in the
Electric Vehicle Act. Such expenditures may include, but
are not limited to, erection and maintenance of electric
vehicle charging stations, wireless network
infrastructure, water infrastructure, solar projects, and

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other projects that decrease the energy footprint of the
State of Illinois. This paragraph (26) applies to
contracts entered into, on or after the effective date of
this amendatory Act of the 103rd General Assembly and the
renewal of contracts that are in effect on the effective
date of this amendatory act of the 103rd General Assembly
regarding all purchases by the Illinois Department of
Natural Resources related to the erection and maintenance
of clean energy projects. Contracts, excluding contracts
for equipment purchases, entered into under this Section
shall comply with the Project Labor Agreements Act. This
Section is repealed 5 years after the effective date of
this amendatory Act of the 103rd General Assembly.
As used in this paragraph (26), "clean energy project" has
the meaning given in the Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of
Illinois.
Notwithstanding any other provision of law, for contracts
with an annual value of more than $100,000 entered into on or
after October 1, 2017 under an exemption provided in any
paragraph of this subsection (b), except paragraph (1), (2),
or (5), each State agency shall post to the appropriate
procurement bulletin the name of the contractor, a description
of the supply or service provided, the total amount of the
contract, the term of the contract, and the exception to the
Code utilized. The chief procurement officer shall submit a

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report to the Governor and General Assembly no later than
November 1 of each year that shall include, at a minimum, an
annual summary of the monthly information reported to the
chief procurement officer.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related
to the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220
of the Public Utilities Act, including calculating the range
of capital costs, the range of operating and maintenance
costs, or the sequestration costs or monitoring the
construction of clean coal SNG brownfield facility for the
full duration of construction.
(f) (Blank).
(g) (Blank).

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(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
(j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
(k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the
Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(m) This Code shall apply regardless of the source of
funds with which contracts are paid, including federal
assistance moneys. Except as specifically provided in this
Code, this Code shall not apply to procurement expenditures

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