Bill Text: IL SB2810 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Local Government Energy Conservation Act, the School Code, and the Public University Energy Conservation Act. Provides that requests for proposals must be submitted to the administrators of the Capital Development Board Procurement Bulletin for publication. Provides that contracts let or awarded must be submitted to the administrators of the Capital Development Board Procurement Bulletin for publication. Makes changes concerning drafters of specifications submitting bids or proposals for installment contracts and other agreements proposed by a unit of local government, school district, vocational center, or public university. Provides that any consultant, architect, engineer, or other drafter of specifications who assists a unit of local government, school district, or vocational center in the preparation of specifications shall not submit a bid or proposal to meet the procurement need unless the body authorizing the contract or agreement determines in writing that there will be no substantial conflict of interest. Makes other changes. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2010-07-22 - Public Act . . . . . . . . . 96-1197 [SB2810 Detail]

Download: Illinois-2009-SB2810-Enrolled.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Local Government Energy Conservation Act is
amended by changing Sections 5, 20, 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:
(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

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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.
"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
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

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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
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

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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.
(Source: P.A. 94-1062, eff. 7-31-06.)
(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

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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 unit of local government, or
units of local government in combination, may enter into an
installment payment contract or , lease purchase agreement , or
other agreement with a qualified provider or with a third
party, as authorized by law, for the funding or financing of
the purchase and installation of energy conservation measures
by a qualified provider. Every unit of local government may
issue certificates evidencing the indebtedness incurred
pursuant to the contracts or agreements. Any such contract or
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.
If an energy audit is performed by an energy services
contractor for a unit of local government within the 3 years

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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
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.)

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Section 10. The School Code is amended by changing Sections
19b-1.2, 19b-1.4, 19b-3, and 19b-5 as follows:
(105 ILCS 5/19b-1.2) (from Ch. 122, par. 19b-1.2)
Sec. 19b-1.2. Guaranteed energy savings contract.
"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
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 saving may include energy
reduction and offsetting sources of renewable energy funds
including renewable energy credits and carbon credits.
(Source: P.A. 87-1106.)
(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

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negotiated procurement. The request for proposals shall be
submitted to the administrators of the Capital Development
Board Procurement Bulletin 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

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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

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the proposal are followed. Contracts let or awarded must be
submitted to the administrators of the Capital Development
Board Procurement Bulletin for publication published in the
next available subsequent Illinois Procurement Bulletin.
(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 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.

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If an energy audit is performed by an energy services
contractor for a school district within the 3 years immediately
preceding the solicitation, then the school district must
publish as a reference document in the solicitation for energy
conservation measures the following:
(1) an executive summary of the energy audit provided
that the school district may exclude any proprietary or
trademarked information or practices; or
(2) the energy audit provided that the school district
may redact any proprietary or trademarked information or
practices.
A school district may not withhold the disclosure of
information related to (i) the school district's consumption of
energy, (ii) the physical condition of the school district's
facilities, and (iii) any limitations prescribed by the school
district.
The solicitation must include a written disclosure that
identifies any energy services contractor that participated in
the preparation of the specifications issued by the school
district. If no energy services contractor participated in the
preparation of the specifications issued by the school
district, then the solicitation must include a written
disclosure that no energy services contractor participated in
the preparation of the specifications for the school district.
The written disclosure shall be published in the Capital
Development Board Procurement Bulletin with the Request for

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Proposal.
(Source: P.A. 95-612, eff. 9-11-07.)
Section 15. The Public University Energy Conservation Act
is amended by changing Sections 5-15 and 25 as follows:
(110 ILCS 62/5-15)
Sec. 5-15. Guaranteed energy savings contract. "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
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.
(Source: P.A. 90-486, eff. 8-17-97.)
(110 ILCS 62/25)

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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.