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


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 4-1)

Status: (Introduced) 2024-02-08 - To Subcommittee on Procurement [SB2632 Detail]

Download: Illinois-2023-SB2632-Introduced.html

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

SB2632LRB103 35022 RLC 64950 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Department of Natural Resources Act is
5amended by changing Section 1-20 and by adding Section 1-50 as
6follows:
7 (20 ILCS 801/1-20)
8 Sec. 1-20. Real property. The Department has the power:
9 (a) To transfer jurisdiction of any realty under the
10control of the Department to any other Department of the State
11Government, or to any authority, commission or other agency of
12the State, and to acquire or accept federal lands, when such
13transfer, acquisition or acceptance is advantageous to the
14State and is approved in writing by the Governor.
15 (b) To lease, from time to time, any land or property, with
16or without appurtenances, of which the Department has
17jurisdiction, and which are not immediately to be used or
18developed by the State; provided that no such lease be for a
19longer period of time than that in which it can reasonably be
20expected the State will not have use for such property, and
21further provided that no such lease be for a longer period of
22time than 5 years.
23 (c) To lease any land or property of which the Department

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1has jurisdiction for the purpose of creating, operating, or
2maintaining a commercial solar energy system, as defined in
3Section 10-720 of the Property Tax Code, or a clean energy
4project, as defined in the Department of Natural Resources
5(Conservation) Law of the Civil Administrative Code of
6Illinois. The lease shall not be for a period longer than 25
7years. If practical, the Department shall require that any
8land or property over which the Department has jurisdiction
9and that is used for the purpose of creating, operating, or
10maintaining a commercial solar energy system shall have
11implemented on it and maintained management practices that
12would qualify the land or property as a beneficial habitat
13under the Pollinator-Friendly Solar Site Act.
14(Source: P.A. 89-445, eff. 2-7-96.)
15 (20 ILCS 801/1-50 new)
16 Sec. 1-50. Administrative rules. The Department of Natural
17Resources has the power to make and enforce rules and
18regulations necessary to carry out its duties under this Act.
19 Section 10. The Department of Natural Resources
20(Conservation) Law of the Civil Administrative Code of
21Illinois is amended by changing Sections 805-5, 805-230,
22805-235, and 805-280 and by adding Section 805-580 as follows:
23 (20 ILCS 805/805-5)

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1 Sec. 805-5. Definitions. In this Law:
2 "Clean energy" means energy that is generated, by design
3or operation, in a manner that is substantially free of carbon
4dioxide emissions or in a manner that otherwise contributes to
5the reduction in emissions of environmentally hazardous
6materials or reduces the volume of environmentally dangerous
7materials.
8 "Clean energy project" means a project that is undertaken
9to acquire, construct, refurbish, create, develop, or
10redevelop any facility, equipment, machinery, or real or
11personal property and that will aid, assist, or encourage the
12development or implementation of clean energy in the State.
13 "Department" means the Department of Natural Resources.
14 "Director" means the Director of Natural Resources.
15(Source: P.A. 91-239, eff. 1-1-00.)
16 (20 ILCS 805/805-230) (was 20 ILCS 805/63a18)
17 Sec. 805-230. Developing recreational areas. The
18Department has the power to lease from individuals,
19corporations, or any other form of private ownership, from any
20municipality, public corporation, or political subdivision of
21this State, or from the United States any lands or waters for
22the purpose of developing outdoor recreational areas for
23public use and to acquire all necessary property or
24rights-of-way for the purposes of ingress or egress to those
25lands and waters and to construct buildings and other

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1recreational facilities, including roadways, bridges, and
2parking areas, commercial solar energy systems, and clean
3energy projects that the Department deems necessary or
4desirable for maximum utilization of recreational facilities
5for public use of the areas.
6(Source: P.A. 91-239, eff. 1-1-00.)
7 (20 ILCS 805/805-235) (was 20 ILCS 805/63a6)
8 Sec. 805-235. Lease of lands acquired by the Department;
9disposition of obsolete buildings. The Department has the
10power to do and perform each and every act or thing considered
11by the Director to be necessary or desirable to fulfill and
12carry out the intent and purpose of all laws pertaining to the
13Department, including the right to rehabilitate or sell at
14public auction buildings or structures affixed to lands over
15which the Department has acquired jurisdiction when in the
16judgment of the Director those buildings or structures are
17obsolete, inadequate, or unusable for the purposes of the
18Department and to lease those lands with or without
19appurtenances for a consideration in money or in kind for a
20period of time not in excess of 10 5 years for the purposes and
21upon the terms and conditions that the Director considers to
22be in the best interests of the State when those lands are not
23immediately to be used or developed by the State. All those
24sales shall be made subject to the written approval of the
25Governor. The funds derived from those sales and from those

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1leases shall be deposited in the State Parks Fund, except that
2funds derived from those sales and from those leases on lands
3managed and operated principally as wildlife or fisheries
4areas by the Department shall be deposited in the Wildlife and
5Fish Fund.
6(Source: P.A. 91-239, eff. 1-1-00.)
7 (20 ILCS 805/805-280 new)
8 Sec. 805-280. Leases for the purpose of creating,
9operating, or maintaining a commercial solar energy system or
10clean energy project. The Department may lease any land or
11property of which the Department has jurisdiction for the
12purpose of creating, operating, or maintaining a commercial
13solar energy system, as defined in Section 10-720 of the
14Property Tax Code, or a clean energy project. The lease shall
15not be for a period longer than 25 years. If practical, the
16Department shall require that any land or property over which
17the Department has jurisdiction that is used for the purpose
18of creating, operating, or maintaining a commercial solar
19energy system shall have implemented on it and maintained
20management practices that would qualify the land or property
21as a beneficial habitat under the Pollinator-Friendly Solar
22Site Act.
23 (20 ILCS 805/805-580 new)
24 Sec. 805-580. Electric vehicle charging stations.

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1 (a) The Department may provide for at least one electric
2vehicle charging station, as defined in the Electric Vehicle
3Act, at any State park or other real property that is owned by
4the Department where electrical service will reasonably
5permit. The Department is authorized to charge user fees for
6the use of such electric vehicle charging stations.
7 (b) The Department may adopt and publish specifications
8detailing the kind and type of electric vehicle charging
9stations to be provided and may adopt rules governing the fees
10for use of electric vehicle charging stations at State parks
11or other real property that is owned by the Department.
12 Section 15. The State Parks Act is amended by changing
13Sections 2, 3, 3a, and 4 as follows:
14 (20 ILCS 835/2) (from Ch. 105, par. 466)
15 Sec. 2. It shall be the policy of the State of Illinois to
16acquire a system of State parks which shall embody the
17following purposes and objectives:
18 (1) To preserve the most important historic sites and
19 events that which are connected with the peoples who are
20 geographically and culturally affiliated to the land now
21 known as the State of Illinois early pioneer or Indian
22 history, so that their such history of the Indians,
23 explorers, missionaries and settlers may be preserved, not
24 only as a tribute to those peoples that came before us who

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

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1 highway system. Where the present State highway routes may
2 serve this purpose, their location, alignment and design
3 should be studied with this plan in view. At suitable
4 locations along these highways, pure water supplies and
5 shelters and comfort facilities of attractive design may
6 be installed for the convenience of the public.
7 The Department of Natural Resources is authorized in
8behalf of the State of Illinois to accept by donation or
9bequest, to purchase or acquire by condemnation proceedings in
10the manner provided for the exercise of the power of eminent
11domain under the Eminent Domain Act, or by contract for deed
12payable over a period of time not to exceed 10 years, or in any
13other legal manner, the title to all such lands, waters or
14regions, and the easements appurtenant or contributory
15thereto, which shall be in accord with such policy in respect
16to a system of State parks, for the purpose of which the
17General Assembly may make an appropriation. Purchases by
18contract for deed under this Section shall not exceed
19$20,000,000 in total purchase price for land under contract at
20any one given time.
21(Source: P.A. 94-1055, eff. 1-1-07.)
22 (20 ILCS 835/3) (from Ch. 105, par. 467)
23 Sec. 3. In maintaining the State parks the Department of
24Natural Resources shall conserve the original character as
25distinguished from the artificial landscaping of such parks.

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1As used in this Section, "artificial landscaping" does not
2include any landscaping or other site modification or use
3resulting from any lease entered into by the Department of
4Natural Resources for the creation, operation, or maintenance
5of a commercial solar energy system, as defined in Section
610-720 of the Property Tax Code, or a clean energy project, as
7defined in the Department of Natural Resources (Conservation)
8Law of the Civil Administrative Code of Illinois. Instead,
9these site modifications and uses are hereby deemed to support
10conservation of the original character of the parks.
11(Source: P.A. 89-445, eff. 2-7-96.)
12 (20 ILCS 835/3a) (from Ch. 105, par. 467a)
13 Sec. 3a. The Department of Natural Resources shall not
14dispose of any portion of a State park except as specifically
15authorized by law. This prohibition shall not restrict the
16Department from conveyance of easements, leases, and other
17lesser interests in land.
18(Source: P.A. 89-445, eff. 2-7-96.)
19 (20 ILCS 835/4) (from Ch. 105, par. 468)
20 Sec. 4. The Department of Natural Resources has the power:
21 (1) To make rules and regulations necessary to carry out
22its duties under this Act, including rules and regulations for
23the use, care, improvement, control and administration of
24lands under its jurisdiction, and to enforce the same.

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1 (2) To employ such custodians, keepers, clerks,
2assistants, laborers and subordinates as may be necessary to
3carry out the provisions of this Act.
4 (3) To lay out, construct and maintain all needful roads,
5parking areas, paths or trails, bridges, and docks, camp or
6lodge sites, picnic areas, beach houses, lodges and cabins and
7any other structures and improvements necessary and
8appropriate in any state park or easement thereto; and to
9provide water supplies, heat and light, and sanitary
10facilities for the public and living quarters for the
11custodians and keepers of state parks.
12 (4) To replant any devastated native plant areas of any
13State park or increase or supplement the same when necessary
14with plant material indigenous to such park.
15 (5) To cooperate with the United States government and
16with other states in matters relating to the care,
17improvement, control and administration of national or
18interstate parks.
19 (6) To cooperate and contract with any agency,
20organization or individual in a manner consistent with the
21purposes of this Act and the powers granted the Department
22herein.
23 (7) To accept and administer gifts, grants and legacies of
24money, securities or property to be used by the Department of
25Natural Resources for the purposes of this Act and according
26to the tenor of such gift, grant or legacy.

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1 (8) To enter into leases that allow for the creation,
2operation, or maintenance of a commercial solar energy system,
3as defined in Section 10-720 of the Property Tax Code, or a
4clean energy project, as defined in the Department of Natural
5Resources (Conservation) Law of the Civil Administrative Code
6of Illinois. If practical, the Department shall require that
7any land or property over which the Department has
8jurisdiction that is used for the purpose of creating,
9operating, or maintaining a commercial solar energy system
10shall have implemented on it and maintained management
11practices that would qualify the land or property as a
12beneficial habitat under the Pollinator-Friendly Solar Site
13Act.
14(Source: P.A. 89-445, eff. 2-7-96.)
15 Section 20. The Illinois Procurement Code is amended by
16changing Section 1-10 as follows:
17 (30 ILCS 500/1-10)
18 Sec. 1-10. Application.
19 (a) This Code applies only to procurements for which
20bidders, offerors, potential contractors, or contractors were
21first solicited on or after July 1, 1998. This Code shall not
22be construed to affect or impair any contract, or any
23provision of a contract, entered into based on a solicitation
24prior to the implementation date of this Code as described in

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1Article 99, including, but not limited to, any covenant
2entered into with respect to any revenue bonds or similar
3instruments. All procurements for which contracts are
4solicited between the effective date of Articles 50 and 99 and
5July 1, 1998 shall be substantially in accordance with this
6Code and its intent.
7 (b) This Code shall apply regardless of the source of the
8funds with which the contracts are paid, including federal
9assistance moneys. This Code shall not apply to:
10 (1) Contracts between the State and its political
11 subdivisions or other governments, or between State
12 governmental bodies, except as specifically provided in
13 this Code.
14 (2) Grants, except for the filing requirements of
15 Section 20-80.
16 (3) Purchase of care, except as provided in Section
17 5-30.6 of the Illinois Public Aid Code and this Section.
18 (4) Hiring of an individual as an employee and not as
19 an independent contractor, whether pursuant to an
20 employment code or policy or by contract directly with
21 that individual.
22 (5) Collective bargaining contracts.
23 (6) Purchase of real estate, except that notice of
24 this type of contract with a value of more than $25,000
25 must be published in the Procurement Bulletin within 10
26 calendar days after the deed is recorded in the county of

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

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1 is not obligated. Such contracts shall be awarded through
2 a competitive process authorized by the members of the
3 Illinois Finance Authority and are subject to Sections
4 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
5 as well as the final approval by the members of the
6 Illinois Finance Authority of the terms of the contract.
7 (B) Contracts for legal and financial services entered
8 into by the Illinois Housing Development Authority in
9 connection with the issuance of bonds in which the State
10 of Illinois is not obligated. Such contracts shall be
11 awarded through a competitive process authorized by the
12 members of the Illinois Housing Development Authority and
13 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
14 and 50-37 of this Code, as well as the final approval by
15 the members of the Illinois Housing Development Authority
16 of the terms of the contract.
17 (13) Contracts for services, commodities, and
18 equipment to support the delivery of timely forensic
19 science services in consultation with and subject to the
20 approval of the Chief Procurement Officer as provided in
21 subsection (d) of Section 5-4-3a of the Unified Code of
22 Corrections, except for the requirements of Sections
23 20-60, 20-65, 20-70, and 20-160 and Article 50 of this
24 Code; however, the Chief Procurement Officer may, in
25 writing with justification, waive any certification
26 required under Article 50 of this Code. For any contracts

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

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

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1 to fall within this exemption and if the process is
2 conducted in a manner substantially in accordance with the
3 requirements of Sections 20-160, 25-60, 30-22, 50-5,
4 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
5 50-36, 50-37, 50-38, and 50-50 of this Code; however, for
6 Section 50-35, compliance applies only to contracts or
7 subcontracts over $100,000. Notice of each contract
8 entered into under this paragraph (18) that is related to
9 the procurement of goods and services identified in
10 paragraph (1) through (9) of this subsection shall be
11 published in the Procurement Bulletin within 14 calendar
12 days after contract execution. The Chief Procurement
13 Officer shall prescribe the form and content of the
14 notice. Each agency shall provide the Chief Procurement
15 Officer, on a monthly basis, in the form and content
16 prescribed by the Chief Procurement Officer, a report of
17 contracts that are related to the procurement of goods and
18 services identified in this subsection. At a minimum, this
19 report shall include the name of the contractor, a
20 description of the supply or service provided, the total
21 amount of the contract, the term of the contract, and the
22 exception to this Code utilized. A copy of any or all of
23 these contracts shall be made available to the Chief
24 Procurement Officer immediately upon request. The Chief
25 Procurement Officer shall submit a report to the Governor
26 and General Assembly no later than November 1 of each year

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

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

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1 the Gun Trafficking Information Act, or establish or
2 maintain record management systems necessary to conduct
3 human trafficking investigations or gun trafficking or
4 other stolen firearm investigations. This paragraph (21)
5 applies to contracts entered into on or after January 10,
6 2023 (the effective date of Public Act 102-1116) this
7 amendatory Act of the 102nd General Assembly and the
8 renewal of contracts that are in effect on January 10,
9 2023 (the effective date of Public Act 102-1116) this
10 amendatory Act of the 102nd General Assembly.
11 (22) Contracts for project management services and
12 system integration services required for the completion of
13 the State's enterprise resource planning project. This
14 exemption becomes inoperative 5 years after June 7, 2023
15 (the effective date of the changes made to this Section by
16 Public Act 103-8) this amendatory Act of the 103rd General
17 Assembly. This paragraph (22) applies to contracts entered
18 into on or after June 7, 2023 (the effective date of the
19 changes made to this Section by Public Act 103-8) this
20 amendatory Act of the 103rd General Assembly and the
21 renewal of contracts that are in effect on June 7, 2023
22 (the effective date of the changes made to this Section by
23 Public Act 103-8) this amendatory Act of the 103rd General
24 Assembly.
25 (23) (22) Procurements necessary for the Department of
26 Insurance to implement the Illinois Health Benefits

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1 Exchange Law if the Department of Insurance has made a
2 good faith determination that it is necessary and
3 appropriate for the expenditure to fall within this
4 exemption. The procurement process shall be conducted in a
5 manner substantially in accordance with the requirements
6 of Sections 20-160 and 25-60 and Article 50 of this Code. A
7 copy of these contracts shall be made available to the
8 Chief Procurement Officer immediately upon request. This
9 paragraph is inoperative 5 years after June 27, 2023 (the
10 effective date of Public Act 103-103) this amendatory Act
11 of the 103rd General Assembly.
12 (24) Expenditures for the Department of Natural
13 Resources to achieve and maintain compliance with the Law
14 Enforcement Officer-Worn Body Camera Act and involving
15 body cameras, information technology, or contractual
16 services relevant to the collection of evidence that is to
17 be used in administrative, judicial, legislative, or
18 disciplinary proceedings and that must be maintained in a
19 secure and confidential manner to protect its integrity.
20 This paragraph (24) applies to contracts entered into on
21 or after the effective date of this amendatory Act of the
22 103rd General Assembly and the renewal of contracts that
23 are in effect on the effective date of this amendatory act
24 of the 103rd General Assembly regarding all purchases by
25 the Illinois Department of Natural Resources related to
26 the Law Enforcement Officer-Worn Body Camera Act.

SB2632- 22 -LRB103 35022 RLC 64950 b
1 (25) Expenditures for the purchase, renewal, and
2 expansion of technology, software, software licenses, or
3 software maintenance agreements that support the efforts
4 of the Illinois Department of Natural Resources, Office of
5 Law Enforcement, for administrative purposes and to
6 enforce and regulate all criminal statutes, including, but
7 not limited to, the Boat Registration and Safety Act, the
8 Fish and Aquatic Life Code, the Wildlife Code, the
9 Snowmobile Registration and Safety Act, and the Timber
10 Buyers Licensing Act and all applicable administrative
11 rules, and to establish or maintain record management
12 systems necessary to ensure that law enforcement records
13 are created, managed, retained, and disposed of in a
14 manner that supports all laws and the operational needs
15 the Office of Law Enforcement while also protecting the
16 rights and interests of individuals and the public.
17 (26) Expenditures necessary to provide for the
18 purchase, site preparation, installation, maintenance, and
19 repair of a clean energy project, including, but not
20 limited to, solar energy projects, renewable energy
21 projects, and electrification of facility infrastructure,
22 and electric vehicle charging stations, as defined in the
23 Electric Vehicle Act. Such expenditures may include, but
24 are not limited to, erection and maintenance of electric
25 vehicle charging stations, wireless network
26 infrastructure, water infrastructure, solar projects, and

SB2632- 23 -LRB103 35022 RLC 64950 b
1 other projects that decrease the energy footprint of the
2 State of Illinois. This paragraph (26) applies to
3 contracts entered into, on or after the effective date of
4 this amendatory Act of the 103rd General Assembly and the
5 renewal of contracts that are in effect on the effective
6 date of this amendatory act of the 103rd General Assembly
7 regarding all purchases by the Illinois Department of
8 Natural Resources related to the erection and maintenance
9 of clean energy projects. Contracts, excluding contracts
10 for equipment purchases, entered into under this Section
11 shall comply with the Project Labor Agreements Act. This
12 Section is repealed 5 years after the effective date of
13 this amendatory Act of the 103rd General Assembly.
14 As used in this paragraph (26), "clean energy project" has
15the meaning given in the Department of Natural Resources
16(Conservation) Law of the Civil Administrative Code of
17Illinois.
18 Notwithstanding any other provision of law, for contracts
19with an annual value of more than $100,000 entered into on or
20after October 1, 2017 under an exemption provided in any
21paragraph of this subsection (b), except paragraph (1), (2),
22or (5), each State agency shall post to the appropriate
23procurement bulletin the name of the contractor, a description
24of the supply or service provided, the total amount of the
25contract, the term of the contract, and the exception to the
26Code utilized. The chief procurement officer shall submit a

SB2632- 24 -LRB103 35022 RLC 64950 b
1report to the Governor and General Assembly no later than
2November 1 of each year that shall include, at a minimum, an
3annual summary of the monthly information reported to the
4chief procurement officer.
5 (c) This Code does not apply to the electric power
6procurement process provided for under Section 1-75 of the
7Illinois Power Agency Act and Section 16-111.5 of the Public
8Utilities Act.
9 (d) Except for Section 20-160 and Article 50 of this Code,
10and as expressly required by Section 9.1 of the Illinois
11Lottery Law, the provisions of this Code do not apply to the
12procurement process provided for under Section 9.1 of the
13Illinois Lottery Law.
14 (e) This Code does not apply to the process used by the
15Capital Development Board to retain a person or entity to
16assist the Capital Development Board with its duties related
17to the determination of costs of a clean coal SNG brownfield
18facility, as defined by Section 1-10 of the Illinois Power
19Agency Act, as required in subsection (h-3) of Section 9-220
20of the Public Utilities Act, including calculating the range
21of capital costs, the range of operating and maintenance
22costs, or the sequestration costs or monitoring the
23construction of clean coal SNG brownfield facility for the
24full duration of construction.
25 (f) (Blank).
26 (g) (Blank).

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1 (h) This Code does not apply to the process to procure or
2contracts entered into in accordance with Sections 11-5.2 and
311-5.3 of the Illinois Public Aid Code.
4 (i) Each chief procurement officer may access records
5necessary to review whether a contract, purchase, or other
6expenditure is or is not subject to the provisions of this
7Code, unless such records would be subject to attorney-client
8privilege.
9 (j) This Code does not apply to the process used by the
10Capital Development Board to retain an artist or work or works
11of art as required in Section 14 of the Capital Development
12Board Act.
13 (k) This Code does not apply to the process to procure
14contracts, or contracts entered into, by the State Board of
15Elections or the State Electoral Board for hearing officers
16appointed pursuant to the Election Code.
17 (l) This Code does not apply to the processes used by the
18Illinois Student Assistance Commission to procure supplies and
19services paid for from the private funds of the Illinois
20Prepaid Tuition Fund. As used in this subsection (l), "private
21funds" means funds derived from deposits paid into the
22Illinois Prepaid Tuition Trust Fund and the earnings thereon.
23 (m) This Code shall apply regardless of the source of
24funds with which contracts are paid, including federal
25assistance moneys. Except as specifically provided in this
26Code, this Code shall not apply to procurement expenditures

SB2632- 26 -LRB103 35022 RLC 64950 b
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