Sen. Michael W. Frerichs

Filed: 3/10/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1632

2    AMENDMENT NO. ______. Amend Senate Bill 1632 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Local Government Energy Conservation Act is
5amended by changing Sections 5 and 25 as follows:
 
6    (50 ILCS 515/5)
7    Sec. 5. Definitions. As used in this Act, unless the
8context clearly requires otherwise:
9    "Energy conservation measure" means any improvement,
10repair, alteration, or betterment of any building or facility
11owned or operated by a unit of local government or any
12equipment, fixture, or furnishing to be added to or used in any
13such building or facility, subject to all applicable building
14codes, that is designed to reduce energy consumption or
15operating costs, and may include, without limitation, one or
16more of the following:

 

 

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1        (1) Insulation of the building structure or systems
2    within the building.
3        (2) Storm windows or doors, caulking or
4    weatherstripping, multiglazed windows or doors, heat
5    absorbing or heat reflective glazed and coated window or
6    door systems, additional glazing, reductions in glass
7    area, or other window and door system modifications that
8    reduce energy consumption.
9        (3) Automated or computerized energy control systems.
10        (4) Heating, ventilating, or air conditioning system
11    modifications or replacements.
12        (5) Replacement or modification of lighting fixtures
13    to increase the energy efficiency of the lighting system
14    without increasing the overall illumination of a facility,
15    unless an increase in illumination is necessary to conform
16    to the applicable State or local building code for the
17    lighting system after the proposed modifications are made.
18        (6) Energy recovery systems.
19        (7) Energy conservation measures that provide
20    long-term operating cost reductions.
21        (8) Automatic fire sprinkler systems.
22    "Guaranteed energy savings contract" means a contract for:
23(i) the implementation of an energy audit, data collection, and
24other related analyses preliminary to the undertaking of energy
25conservation measures; (ii) the evaluation and recommendation
26of energy conservation measures; (iii) the implementation of

 

 

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1one or more energy conservation measures; and (iv) the
2implementation of project monitoring and data collection to
3verify post-installation energy consumption and energy-related
4operating costs. The contract shall provide that all payments,
5except obligations on termination of the contract before its
6expiration, are to be made over time and that the savings are
7guaranteed to the extent necessary to pay the costs of the
8energy conservation measures. Energy savings may include
9energy reduction and offsetting sources of renewable energy
10funds including renewable energy credits and carbon credits.
11    "Qualified provider" means a person or business whose
12employees are experienced and trained in the design,
13implementation, or installation of energy conservation
14measures. The minimum training required for any person or
15employee under this paragraph shall be the satisfactory
16completion of at least 40 hours of course instruction dealing
17with energy conservation measures. A qualified provider to whom
18the contract is awarded shall give a sufficient bond to the
19unit of local government for its faithful performance.
20    "Request for proposals" means a competitive selection
21achieved by negotiated procurement. The request for proposals
22shall be announced through at least one public notice, at least
2314 days before the request date in a newspaper published in the
24territory comprising the unit of local government or, if no
25newspaper is published in that territory, in a newspaper of
26general circulation in the area of the unit of local

 

 

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1government, from a unit of local government that will
2administer the program, requesting innovative solutions and
3proposals for energy conservation measures. Proposals
4submitted shall be sealed. The request for proposals shall
5include all of the following:
6        (1) The name and address of the unit of local
7    government.
8        (2) The name, address, title, and phone number of a
9    contact person.
10        (3) Notice indicating that the unit of local government
11    is requesting qualified providers to propose energy
12    conservation measures through a guaranteed energy savings
13    contract.
14        (4) The date, time, and place where proposals must be
15    received.
16        (5) The evaluation criteria for assessing the
17    proposals.
18        (6) Any other stipulations and clarifications the unit
19    of local government may require.
20    "Unit of local government" means a county, township,
21municipality, or park district, public institution of higher
22education, or nonpublic institution of higher education.
23(Source: P.A. 96-1197, eff. 7-22-10.)
 
24    (50 ILCS 515/25)
25    Sec. 25. Installment payment contract; lease purchase

 

 

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1agreement. A unit of local government, or units of local
2government in combination, may enter into an installment
3payment contract or lease purchase agreement with a qualified
4provider or with a third party, as authorized by law, for the
5funding or financing of the purchase and installation of energy
6conservation measures by a qualified provider. Every unit of
7local government may issue certificates evidencing the
8indebtedness incurred pursuant to the contracts or agreements.
9Any such contract or agreement shall be valid whether or not an
10appropriation with respect thereto is first included in any
11annual or supplemental budget adopted by the unit of local
12government. Each contract or agreement entered into by a unit
13of local government pursuant to this Section shall be
14authorized by official action of the unit of local government's
15governing body. The authority granted under this Section is in
16addition to any other authority granted by law. No obligations
17issued pursuant to this Act shall be regarded as indebtedness
18of the unit of local government issuing those obligations or of
19any other taxing district for the purpose of any limitation
20imposed by law.
21    If an energy audit is performed by an energy services
22contractor for a unit of local government within the 3 years
23immediately preceding the solicitation, then the unit of local
24government must publish as a reference document in the
25solicitation for energy conservation measures the following:
26        (1) an executive summary of the energy audit provided

 

 

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1    that the unit of local government may exclude any
2    proprietary or trademarked information or practices; or
3        (2) the energy audit provided that the unit of local
4    government may redact any proprietary or trademarked
5    information or practices.
6A unit of local government may not withhold the disclosure of
7information related to (i) the unit of local government's
8consumption of energy, (ii) the physical condition of the unit
9of local government's facilities, and (iii) any limitations
10prescribed by the unit of local government.
11    The solicitation must include a written disclosure that
12identifies any energy services contractor that participated in
13the preparation of the specifications issued by the unit of
14local government. If no energy services contractor
15participated in the preparation of the specifications issued by
16the unit of local government, then the solicitation must
17include a written disclosure that no energy services contractor
18participated in the preparation of the specifications for the
19unit of local government. The written disclosure shall be
20published in the Capital Development Board Procurement
21Bulletin with the Request for Proposal.
22(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
 
23    Section 10. The Illinois Municipal Code is amended by
24changing Section 8-4-1 as follows:
 

 

 

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1    (65 ILCS 5/8-4-1)  (from Ch. 24, par. 8-4-1)
2    Sec. 8-4-1. No bonds shall be issued by the corporate
3authorities of any municipality until the question of
4authorizing such bonds has been submitted to the electors of
5that municipality provided that notice of the bond referendum,
6if held before July 1, 1999, has been given in accordance with
7the provisions of Section 12-5 of the Election Code in effect
8at the time of the bond referendum, at least 10 and not more
9than 45 days before the date of the election, notwithstanding
10the time for publication otherwise imposed by Section 12-5, and
11approved by a majority of the electors voting upon that
12question. Notices required in connection with the submission of
13public questions on or after July 1, 1999 shall be as set forth
14in Section 12-5 of the Election Code. The clerk shall certify
15the proposition of the corporate authorities to the proper
16election authority who shall submit the question at an election
17in accordance with the general election law, subject to the
18notice provisions set forth in this Section.
19    Notice of any such election shall contain the amount of the
20bond issue, purpose for which issued, and maximum rate of
21interest.
22    However, without the submission of the question of issuing
23bonds to the electors, the corporate authorities of any
24municipality may authorize the issuance of any of the following
25bonds:
26    (1) Bonds to refund any existing bonded indebtedness;

 

 

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1    (2) Bonds to fund or refund any existing judgment
2indebtedness;
3    (3) In any municipality of less than 500,000 population,
4bonds to anticipate the collection of installments of special
5assessments and special taxes against property owned by the
6municipality and to anticipate the collection of the amount
7apportioned to the municipality as public benefits under
8Article 9;
9    (4) Bonds issued by any municipality under Sections 8-4-15
10through 8-4-23, 11-23-1 through 11-23-12, 11-25-1 through
1111-26-6, 11-71-1 through 11-71-10, 11-74.3-1 through
1211-74.3-7, 11-74.4-1 through 11-74.4-11, 11-74.5-1 through
1311-74.5-15, 11-94-1 through 11-94-7, 11-102-1 through
1411-102-10, 11-103-11 through 11-103-15, 11-118-1 through
1511-118-6, 11-119-1 through 11-119-5, 11-129-1 through
1611-129-7, 11-133-1 through 11-133-4, 11-139-1 through
1711-139-12, 11-141-1 through 11-141-18 of this Code or 10-801
18through 10-808 of the Illinois Highway Code, as amended;
19    (5) Bonds issued by the board of education of any school
20district under the provisions of Sections 34-30 through 34-36
21of The School Code, as amended;
22    (6) Bonds issued by any municipality under the provisions
23of Division 6 of this Article 8; and by any municipality under
24the provisions of Division 7 of this Article 8; or under the
25provisions of Sections 11-121-4 and 11-121-5;
26    (7) Bonds to pay for the purchase of voting machines by any

 

 

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1municipality that has adopted Article 24 of The Election Code,
2approved May 11, 1943, as amended;
3    (8) Bonds issued by any municipality under Sections 15 and
446 of the "Environmental Protection Act", approved June 29,
51970;
6    (9) Bonds issued by the corporate authorities of any
7municipality under the provisions of Section 8-4-25 of this
8Article 8;
9    (10) Bonds issued under Section 8-4-26 of this Article 8 by
10any municipality having a board of election commissioners;
11    (11) Bonds issued under the provisions of "An Act to
12provide the manner of levying or imposing taxes for the
13provision of special services to areas within the boundaries of
14home rule units and nonhome rule municipalities and counties",
15approved September 21, 1973;
16    (12) Bonds issued under Section 8-5-16 of this Code;
17    (13) Bonds to finance the cost of the acquisition,
18construction or improvement of water or wastewater treatment
19facilities mandated by an enforceable compliance schedule
20developed in connection with the federal Clean Water Act or a
21compliance order issued by the United States Environmental
22Protection Agency or the Illinois Pollution Control Board;
23provided that such bonds are authorized by an ordinance adopted
24by a three-fifths majority of the corporate authorities of the
25municipality issuing the bonds which ordinance shall specify
26that the construction or improvement of such facilities is

 

 

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1necessary to alleviate an emergency condition in such
2municipality;
3    (14) Bonds issued by any municipality pursuant to Section
411-113.1-1;
5    (15) Bonds issued under Sections 11-74.6-1 through
611-74.6-45, the Industrial Jobs Recovery Law of this Code; .
7    (16) Bonds issued under the Innovation Development and
8Economy Act, except as may be required by Section 35 of that
9Act; .
10    (17) Bonds issued under the Local Government Energy
11Conservation Act.
12(Source: P.A. 96-939, eff. 6-24-10; 96-1394, eff. 7-29-10;
13revised 9-2-10.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".