Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

105 ILCS 5/19b-5

(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, 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 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.

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 Proposal.

(Source: P.A. 96-1197, eff. 7-22-10; 97-333, eff. 8-12-11.)

105 ILCS 5/19b-6

(105 ILCS 5/19b-6) (from Ch. 122, par. 19b-6)

Sec. 19b-6.

Term; budget and appropriations.

Guaranteed energy savings
contracts may extend beyond the fiscal year in which they become effective.
 The school district or area vocational center shall include in its annual
budget and
appropriations measures for each subsequent fiscal year any amounts payable
under guaranteed energy savings contracts during that fiscal year.
Sections 2-3.12, 3-14.20, and 10-22.36 of the School Code shall apply to
this Article 19b.

(Source: P.A. 92-767, eff. 8-6-02.)

105 ILCS 5/19b-7

(105 ILCS 5/19b-7) (from Ch. 122, par. 19b-7)

Sec. 19b-7.

Operational and energy cost savings.

The school district or
area vocational center
shall document the operational and energy cost savings specified in the
guaranteed energy savings contract and designate and appropriate that
amount for an annual payment of the contract.  If the annual energy savings
are less than projected under the guaranteed energy savings contract the
qualified
provider shall pay the difference as provided in Section 19b-4.

(Source: P.A. 92-767, eff. 8-6-02.)

105 ILCS 5/19b-8

(105 ILCS 5/19b-8) (from Ch. 122, par. 19b-8)

Sec. 19b-8.

Available funds.

A school district or area vocational
center may use funds
designated for operating or capital expenditures for any guaranteed energy
savings contract including purchases using installment payment contracts or
lease purchase agreements.  A school district or area vocational center
that enters into such a
contract or agreement may covenant in such contract or agreement that
payments made thereunder shall be payable from the first funds legally
available in each fiscal year.

(Source: P.A. 92-767, eff. 8-6-02.)

105 ILCS 5/19b-9

(105 ILCS 5/19b-9) (from Ch. 122, par. 19b-9)

Sec. 19b-9.

Funding.

State aid and other amounts appropriated for
distribution to or reimbursement of a school district or area vocational
center shall not be reduced
as a result of energy savings realized from a guaranteed energy savings
contract or a lease purchase agreement for the purchase and installation of
energy conservation measures.

(Source: P.A. 92-767, eff. 8-6-02.)

105 ILCS 5/19b-10

(105 ILCS 5/19b-10)

Sec. 19b-10.

(Repealed).

(Source: P.A. 89-397, eff. 8-20-95.  Repealed by P.A. 92-767, eff.
8-6-02.)

105 ILCS 5/19b-15

(105 ILCS 5/19b-15)
Sec. 19b-15. Applicable laws.

 Other State laws and related administrative requirements apply to this Article, including, but not limited to, the following laws and related administrative requirements: the Illinois Human Rights Act, the Prevailing Wage Act, the Public Construction Bond Act, the Public Works Preference Act (repealed on June 16, 2010 by Public Act 96-929), the Employment of Illinois Workers on Public Works Act, the Freedom of Information Act, the Open Meetings Act, the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural Engineering Practice Act of 1989, the Local Government Professional Services Selection Act, and the Contractor Unified License and Permit Bond Act.

(Source: P.A. 97-333, eff. 8-12-11.)

105 ILCS 5/19b-20

(105 ILCS 5/19b-20)
Sec. 19b-20. Historic preservation.

  In order to protect the integrity of historic buildings, no provision of this Article shall be interpreted to require the implementation of energy conservation measures that conflict with respect to any property eligible for, nominated to, or entered on the National Register of Historic Places, pursuant to the National Historic Preservation Act of 1966, or the Illinois Register of Historic Places, pursuant to the Illinois Historic Preservation Act.

(Source: P.A. 95-612, eff. 9-11-07.)