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Rep. Lance Yednock
Filed: 4/1/2024
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1 | | AMENDMENT TO HOUSE BILL 4209
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2 | | AMENDMENT NO. ______. Amend House Bill 4209 by replacing |
3 | | everything after the enacting clause with the following: |
4 | | "Section 5. The Department of Natural Resources Act is |
5 | | amended by changing Section 1-20 and by adding Section 1-50 as |
6 | | follows: |
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 |
10 | | control of the Department to any other Department of the State |
11 | | Government, or to any authority, commission or other agency of |
12 | | the State, and to acquire or accept federal lands, when such |
13 | | transfer, acquisition or acceptance is advantageous to the |
14 | | State and is approved in writing by the Governor. |
15 | | (b) To lease, from time to time, any land or property, with |
16 | | or without appurtenances, of which the Department has |
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1 | | jurisdiction, and which are not immediately to be used or |
2 | | developed by the State; provided that no such lease be for a |
3 | | longer period of time than that in which it can reasonably be |
4 | | expected the State will not have use for such property, and |
5 | | further provided that no such lease be for a longer period of |
6 | | time than 10 5 years. |
7 | | (c) To lease any land or property over which the |
8 | | Department has jurisdiction for the purpose of creating, |
9 | | operating, or maintaining a commercial solar energy system, as |
10 | | defined in Section 10-720 of the Property Tax Code, or a clean |
11 | | energy project, as defined in the Department of Natural |
12 | | Resources (Conservation) Law of the Civil Administrative Code |
13 | | of Illinois. A lease under this subsection (c) shall not be for |
14 | | a period longer than 40 years. The lease may be renewed by the |
15 | | Department for periods not longer than 40 years per renewal. |
16 | | If practical, the Department shall require that any land or |
17 | | property over which the Department has jurisdiction and that |
18 | | is used for the purpose of creating, operating, or maintaining |
19 | | a commercial solar energy system shall have implemented on it |
20 | | and maintained management practices that would qualify the |
21 | | land or property as a beneficial habitat under the |
22 | | Pollinator-Friendly Solar Site Act. The Department shall |
23 | | prioritize commercial solar energy system sites based on their |
24 | | suitability and economic feasibility for solar use. The |
25 | | Department may also prioritize commercial solar energy system |
26 | | sites with a significant history of disturbance, such as |
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1 | | former strip mines, marginally productive agricultural land, |
2 | | or previously developed sites. The Department may consider any |
3 | | land use that is lost from the installation of a commercial |
4 | | solar energy system in making a determination regarding the |
5 | | suitability of a site. At least 60 days before entering into a |
6 | | lease for a commercial solar energy system under this |
7 | | subsection (c), the Department shall post in the Illinois |
8 | | Register notice of the Department's intent to enter into the |
9 | | lease and shall provide a copy of the notice to a municipality |
10 | | if the leased area is located within the borders of the |
11 | | municipality. The notice shall include the specific location |
12 | | and size of the proposed commercial solar energy system. The |
13 | | Department shall consider and respond to all public comments |
14 | | regarding the posting that are received by the Department |
15 | | within 30 days of the posting. |
16 | | (Source: P.A. 89-445, eff. 2-7-96.) |
17 | | (20 ILCS 801/1-50 new) |
18 | | Sec. 1-50. Administrative rules. The Department of Natural |
19 | | Resources may adopt rules necessary to carry out its duties |
20 | | under this Act. |
21 | | Section 10. The Department of Natural Resources |
22 | | (Conservation) Law of the Civil Administrative Code of |
23 | | Illinois is amended by changing Sections 805-5, 805-230, |
24 | | 805-235, and 805-280 and by adding Section 805-580 as follows: |
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1 | | (20 ILCS 805/805-5) |
2 | | Sec. 805-5. Definitions. In this Law: |
3 | | "Clean energy" means energy that is generated, by design |
4 | | or operation, in a manner that is substantially free of carbon |
5 | | dioxide emissions or in a manner that otherwise contributes to |
6 | | the reduction in emissions of environmentally hazardous |
7 | | materials or reduces the volume of environmentally dangerous |
8 | | materials. |
9 | | "Clean energy project" means a project that is undertaken |
10 | | to acquire, construct, refurbish, create, develop, or |
11 | | redevelop any facility, equipment, machinery, or real or |
12 | | personal property and that will aid, assist, or encourage the |
13 | | development or implementation of clean energy in the State. |
14 | | "Department" means the Department of Natural Resources. |
15 | | "Director" means the Director of Natural Resources. |
16 | | (Source: P.A. 91-239, eff. 1-1-00.) |
17 | | (20 ILCS 805/805-230) (was 20 ILCS 805/63a18) |
18 | | Sec. 805-230. Developing recreational areas. The |
19 | | Department has the power to lease from individuals, |
20 | | corporations, or any other form of private ownership, from any |
21 | | municipality, public corporation, or political subdivision of |
22 | | this State, or from the United States any lands or waters for |
23 | | the purpose of developing outdoor recreational areas for |
24 | | public use and to acquire all necessary property or |
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1 | | rights-of-way for the purposes of ingress or egress to those |
2 | | lands and waters and to construct buildings and other |
3 | | recreational facilities, including roadways, bridges, and |
4 | | parking areas, commercial solar energy systems, and clean |
5 | | energy projects that the Department deems necessary or |
6 | | desirable for maximum utilization of recreational facilities |
7 | | for public use of the areas. |
8 | | (Source: P.A. 91-239, eff. 1-1-00.) |
9 | | (20 ILCS 805/805-235) (was 20 ILCS 805/63a6) |
10 | | Sec. 805-235. Lease of lands acquired by the Department; |
11 | | disposition of obsolete buildings. The Department has the |
12 | | power to do and perform each and every act or thing considered |
13 | | by the Director to be necessary or desirable to fulfill and |
14 | | carry out the intent and purpose of all laws pertaining to the |
15 | | Department, including the right to rehabilitate or sell at |
16 | | public auction buildings or structures affixed to lands over |
17 | | which the Department has acquired jurisdiction when in the |
18 | | judgment of the Director those buildings or structures are |
19 | | obsolete, inadequate, or unusable for the purposes of the |
20 | | Department and to lease those lands with or without |
21 | | appurtenances for a consideration in money or in kind for a |
22 | | period of time not in excess of 10 5 years for the purposes and |
23 | | upon the terms and conditions that the Director considers to |
24 | | be in the best interests of the State when those lands are not |
25 | | immediately to be used or developed by the State. All those |
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1 | | sales shall be made subject to the written approval of the |
2 | | Governor. The funds derived from those sales and from those |
3 | | leases shall be deposited in the State Parks Fund, except that |
4 | | funds derived from those sales and from those leases on lands |
5 | | managed and operated principally as wildlife or fisheries |
6 | | areas by the Department shall be deposited in the Wildlife and |
7 | | Fish Fund. |
8 | | (Source: P.A. 91-239, eff. 1-1-00.) |
9 | | (20 ILCS 805/805-280 new) |
10 | | Sec. 805-280. Leases for the purpose of creating, |
11 | | operating, or maintaining a commercial solar energy system or |
12 | | clean energy project. The Department may lease any land or |
13 | | property over which the Department has jurisdiction for the |
14 | | purpose of creating, operating, or maintaining a commercial |
15 | | solar energy system, as defined in Section 10-720 of the |
16 | | Property Tax Code, or a clean energy project. The lease shall |
17 | | not be for a period longer than 40 years. The lease may be |
18 | | renewed for periods not longer than 40 years per renewal. The |
19 | | Department shall require that any lease must provide for a |
20 | | signed project labor agreement for the length of the lease |
21 | | term. If practical, the Department shall require that any land |
22 | | or property over which the Department has jurisdiction that is |
23 | | used for the purpose of creating, operating, or maintaining a |
24 | | commercial solar energy system shall have implemented on it |
25 | | and maintained management practices that would qualify the |
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1 | | land or property as a beneficial habitat under the |
2 | | Pollinator-Friendly Solar Site Act. The Department shall |
3 | | require that any lease must include a signed project labor |
4 | | agreement for the length of the lease term. The Department |
5 | | shall prioritize commercial solar energy system sites based on |
6 | | their suitability and economic feasibility for solar use. The |
7 | | Department may also prioritize commercial solar energy system |
8 | | sites with a significant history of disturbance, such as |
9 | | former strip mines, marginally productive agricultural land, |
10 | | or previously developed sites. The Department may consider any |
11 | | land use that is lost from the installation of a commercial |
12 | | solar energy system in making a determination for the |
13 | | suitability of a site. |
14 | | (20 ILCS 805/805-580 new) |
15 | | Sec. 805-580. Electric vehicle charging stations. |
16 | | (a) The Department may provide for at least one electric |
17 | | vehicle charging station, as defined in the Electric Vehicle |
18 | | Act, at any State park or other real property that is owned by |
19 | | the Department where electrical service will reasonably |
20 | | permit. The Department is authorized to charge user fees for |
21 | | the use of such electric vehicle charging stations. |
22 | | (b) The Department may adopt and publish specifications |
23 | | detailing the kind and type of electric vehicle charging |
24 | | stations to be provided and may adopt rules governing the fees |
25 | | for use of electric vehicle charging stations at State parks |
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1 | | or other real property that is owned by the Department. |
2 | | Section 15. The State Parks Act is amended by changing |
3 | | Sections 2, 3, 3a, and 4 as follows: |
4 | | (20 ILCS 835/2) (from Ch. 105, par. 466) |
5 | | Sec. 2. It shall be the policy of the State of Illinois to |
6 | | acquire a system of State parks which shall embody the |
7 | | following purposes and objectives: |
8 | | (1) To preserve the most important historic sites and |
9 | | events that which are connected with the peoples who are |
10 | | geographically and culturally affiliated to the land now |
11 | | known as the State of Illinois early pioneer or Indian |
12 | | history , so that their such history of the Indians, |
13 | | explorers, missionaries and settlers may be preserved, not |
14 | | only as a tribute to those peoples that came before us who |
15 | | made possible the building of the State of Illinois and of |
16 | | the Union , but also as a part of the education of present |
17 | | and future Illinois citizens. |
18 | | (2) To set aside as public reservations those |
19 | | locations which have unusual scenic attractions caused by |
20 | | geologic or topographic formations, such as canyons, |
21 | | gorges, caves, dunes, beaches, moraines, palisades, |
22 | | examples of Illinois prairie, and points of scientific |
23 | | interest to botanists and naturalists. These areas should |
24 | | be large in size and whenever practicable shall be not |
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1 | | less than 1,000 acres in extent. However, smaller areas |
2 | | may be acquired wherever conditions do not warrant the |
3 | | acquisition of the larger acreage. |
4 | | (3) To preserve large forested areas and marginal |
5 | | lands along the rivers, small water courses, and lakes for |
6 | | a recreation use different from that given by the typical |
7 | | city park, and so that these tracts may remain unchanged |
8 | | by civilization, so far as possible, and be kept for |
9 | | future generations. Such areas also, should be acquired in |
10 | | units of 1,000 acres or more and may be available as fish |
11 | | and game preserves. However, smaller areas may be acquired |
12 | | wherever conditions do not warrant the acquisition of the |
13 | | larger acreage. |
14 | | (4) To connect these parks with each other by a system |
15 | | of scenic parkways with widths varying from 100 to 1,000 |
16 | | feet, as a supplement to and completion of the State |
17 | | highway system. Where the present State highway routes may |
18 | | serve this purpose, their location, alignment and design |
19 | | should be studied with this plan in view. At suitable |
20 | | locations along these highways, pure water supplies and |
21 | | shelters and comfort facilities of attractive design may |
22 | | be installed for the convenience of the public. |
23 | | The Department of Natural Resources is authorized on in |
24 | | behalf of the State of Illinois to accept by donation or |
25 | | bequest, to purchase or acquire by condemnation proceedings in |
26 | | the manner provided for the exercise of the power of eminent |
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1 | | domain under the Eminent Domain Act, or by contract for deed |
2 | | payable over a period of time not to exceed 10 years, or in any |
3 | | other legal manner, the title to all such lands, waters or |
4 | | regions, and the easements appurtenant or contributory |
5 | | thereto, which shall be in accord with such policy in respect |
6 | | to a system of State parks, for the purpose of which the |
7 | | General Assembly may make an appropriation. Purchases by |
8 | | contract for deed under this Section shall not exceed |
9 | | $20,000,000 in total purchase price for land under contract at |
10 | | any one given time. |
11 | | (Source: P.A. 94-1055, eff. 1-1-07.) |
12 | | (20 ILCS 835/3) (from Ch. 105, par. 467) |
13 | | Sec. 3. In maintaining the State parks the Department of |
14 | | Natural Resources shall conserve the original character as |
15 | | distinguished from the artificial landscaping of such parks. |
16 | | As used in this Section, "artificial landscaping" does not |
17 | | include any landscaping or other site modification or use |
18 | | resulting from any lease entered into by the Department of |
19 | | Natural Resources for the creation, operation, or maintenance |
20 | | of a commercial solar energy system, as defined in Section |
21 | | 10-720 of the Property Tax Code, or a clean energy project, as |
22 | | defined in the Department of Natural Resources (Conservation) |
23 | | Law of the Civil Administrative Code of Illinois. Instead, |
24 | | these site modifications and uses are hereby deemed to support |
25 | | conservation of the original character of the parks. |
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1 | | (Source: P.A. 89-445, eff. 2-7-96.) |
2 | | (20 ILCS 835/3a) (from Ch. 105, par. 467a) |
3 | | Sec. 3a. The Department of Natural Resources shall not |
4 | | dispose of any portion of a State park except as specifically |
5 | | authorized by law. This prohibition shall not restrict the |
6 | | Department from conveyance of easements , leases, and other |
7 | | lesser interests in land. |
8 | | (Source: P.A. 89-445, eff. 2-7-96.) |
9 | | (20 ILCS 835/4) (from Ch. 105, par. 468) |
10 | | Sec. 4. The Department of Natural Resources has the power: |
11 | | (1) To make rules and regulations necessary to carry out |
12 | | its duties under this Act, including rules and regulations for |
13 | | the use, care, improvement, control and administration of |
14 | | lands under its jurisdiction, and to enforce the same. |
15 | | (2) To employ such custodians, keepers, clerks, |
16 | | assistants, laborers and subordinates as may be necessary to |
17 | | carry out the provisions of this Act. |
18 | | (3) To lay out, construct and maintain all needful roads, |
19 | | parking areas, paths or trails, bridges, and docks, camp or |
20 | | lodge sites, picnic areas, beach houses, lodges and cabins and |
21 | | any other structures and improvements necessary and |
22 | | appropriate in any state park or easement thereto; and to |
23 | | provide water supplies, heat and light, and sanitary |
24 | | facilities for the public and living quarters for the |
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1 | | custodians and keepers of state parks. |
2 | | (4) To replant any devastated native plant areas of any |
3 | | State park or increase or supplement the same when necessary |
4 | | with plant material indigenous to such park. |
5 | | (5) To cooperate with the United States government and |
6 | | with other states in matters relating to the care, |
7 | | improvement, control and administration of national or |
8 | | interstate parks. |
9 | | (6) To cooperate and contract with any agency, |
10 | | organization or individual in a manner consistent with the |
11 | | purposes of this Act and the powers granted the Department |
12 | | herein. |
13 | | (7) To accept and administer gifts, grants and legacies of |
14 | | money, securities or property to be used by the Department of |
15 | | Natural Resources for the purposes of this Act and according |
16 | | to the tenor of such gift, grant or legacy. |
17 | | (8) To enter into leases that allow for the creation, |
18 | | operation, or maintenance of a commercial solar energy system, |
19 | | as defined in Section 10-720 of the Property Tax Code, or a |
20 | | clean energy project, as defined in the Department of Natural |
21 | | Resources (Conservation) Law of the Civil Administrative Code |
22 | | of Illinois. If practical, the Department shall require that |
23 | | any land or property over which the Department has |
24 | | jurisdiction that is used for the purpose of creating, |
25 | | operating, or maintaining a commercial solar energy system |
26 | | shall have implemented on it and maintained management |
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1 | | practices that would qualify the land or property as a |
2 | | beneficial habitat under the Pollinator-Friendly Solar Site |
3 | | Act. The Department shall require that any lease must include |
4 | | a signed project labor agreement for the length of the lease |
5 | | term. The Department shall prioritize commercial solar energy |
6 | | system sites based on their suitability and economic |
7 | | feasibility for solar use. The Department may also prioritize |
8 | | commercial solar energy system sites with a significant |
9 | | history of disturbance, such as former strip mines, marginally |
10 | | productive agricultural land, or previously developed sites. |
11 | | In making a determination for the suitability of a site, the |
12 | | Department may consider any land use that is lost from the |
13 | | installation of a commercial solar energy system. |
14 | | (Source: P.A. 89-445, eff. 2-7-96.) |
15 | | Section 20. The Illinois Procurement Code is amended by |
16 | | changing 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 |
20 | | bidders, offerors, potential contractors, or contractors were |
21 | | first solicited on or after July 1, 1998. This Code shall not |
22 | | be construed to affect or impair any contract, or any |
23 | | provision of a contract, entered into based on a solicitation |
24 | | prior to the implementation date of this Code as described in |
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1 | | Article 99, including, but not limited to, any covenant |
2 | | entered into with respect to any revenue bonds or similar |
3 | | instruments. All procurements for which contracts are |
4 | | solicited between the effective date of Articles 50 and 99 and |
5 | | July 1, 1998 shall be substantially in accordance with this |
6 | | Code and its intent. |
7 | | (b) This Code shall apply regardless of the source of the |
8 | | funds with which the contracts are paid, including federal |
9 | | assistance 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) and the |
7 | | renewal of contracts that are in effect on January 10, |
8 | | 2023 (the effective date of Public Act 102-1116). |
9 | | (22) Contracts for project management services and |
10 | | system integration services required for the completion of |
11 | | the State's enterprise resource planning project. This |
12 | | exemption becomes inoperative 5 years after June 7, 2023 |
13 | | (the effective date of the changes made to this Section by |
14 | | Public Act 103-8). This paragraph (22) applies to |
15 | | contracts entered into on or after June 7, 2023 (the |
16 | | effective date of the changes made to this Section by |
17 | | Public Act 103-8) and the renewal of contracts that are in |
18 | | effect on June 7, 2023 (the effective date of the changes |
19 | | made to this Section by Public Act 103-8). |
20 | | (23) Procurements necessary for the Department of |
21 | | Insurance to implement the Illinois Health Benefits |
22 | | Exchange Law if the Department of Insurance has made a |
23 | | good faith determination that it is necessary and |
24 | | appropriate for the expenditure to fall within this |
25 | | exemption. The procurement process shall be conducted in a |
26 | | manner substantially in accordance with the requirements |
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1 | | of Sections 20-160 and 25-60 and Article 50 of this Code. A |
2 | | copy of these contracts shall be made available to the |
3 | | Chief Procurement Officer immediately upon request. This |
4 | | paragraph is inoperative 5 years after June 27, 2023 (the |
5 | | effective date of Public Act 103-103). |
6 | | (24) (22) Contracts for public education programming, |
7 | | noncommercial sustaining announcements, public service |
8 | | announcements, and public awareness and education |
9 | | messaging with the nonprofit trade associations of the |
10 | | providers of those services that inform the public on |
11 | | immediate and ongoing health and safety risks and hazards. |
12 | | (25) 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 (25) 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 Department of Natural Resources related to the Law |
26 | | Enforcement Officer-Worn Body Camera Act. |
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1 | | (26) 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 Department of Natural Resources, Office of Law |
5 | | Enforcement, for administrative purposes and to enforce |
6 | | and regulate all criminal statutes, including, but not |
7 | | limited to, the Boat Registration and Safety Act, the Fish |
8 | | and Aquatic Life Code, the Wildlife Code, the Snowmobile |
9 | | Registration and Safety Act, and the Timber Buyers |
10 | | Licensing Act and all applicable administrative rules, and |
11 | | to establish or maintain record management systems |
12 | | necessary to ensure that law enforcement records are |
13 | | created, managed, retained, and disposed of in a manner |
14 | | that supports all laws and the operational needs the |
15 | | Office of Law Enforcement while also protecting the rights |
16 | | and interests of individuals and the public. |
17 | | (27) 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 |
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1 | | other projects that decrease the energy footprint of the |
2 | | State of Illinois. This paragraph (27) 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 Department of Natural |
8 | | Resources related to the erection and maintenance of clean |
9 | | energy projects. Contracts, excluding contracts for |
10 | | equipment purchases, entered into under this Section shall |
11 | | comply with the Project Labor Agreements Act, except that |
12 | | a project labor agreement entered into under this Section |
13 | | shall be entered into with the local building and |
14 | | construction trades council having geographic jurisdiction |
15 | | over the project. Contracts entered into under this |
16 | | Section shall comply with the Business Enterprise for |
17 | | Minorities, Women, and Persons with Disabilities Act. This |
18 | | paragraph (27) becomes inapplicable 5 years after the |
19 | | effective date of this amendatory Act of the 103rd General |
20 | | Assembly. |
21 | | As used in this paragraph (27 |
| | ), "clean energy project" |
22 | | has the meaning given in the Department of Natural |
23 | | Resources (Conservation) Law of the Civil Administrative |
24 | | Code of Illinois. |
25 | | Notwithstanding any other provision of law, for contracts |
26 | | with an annual value of more than $100,000 entered into on or |
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1 | | after October 1, 2017 under an exemption provided in any |
2 | | paragraph of this subsection (b), except paragraph (1), (2), |
3 | | or (5), each State agency shall post to the appropriate |
4 | | procurement bulletin the name of the contractor, a description |
5 | | of the supply or service provided, the total amount of the |
6 | | contract, the term of the contract, and the exception to the |
7 | | Code utilized. The chief procurement officer shall submit a |
8 | | report to the Governor and General Assembly no later than |
9 | | November 1 of each year that shall include, at a minimum, an |
10 | | annual summary of the monthly information reported to the |
11 | | chief procurement officer. |
12 | | (c) This Code does not apply to the electric power |
13 | | procurement process provided for under Section 1-75 of the |
14 | | Illinois Power Agency Act and Section 16-111.5 of the Public |
15 | | Utilities Act. This Code does not apply to the procurement of |
16 | | technical and policy experts pursuant to Section 1-129 of the |
17 | | Illinois Power Agency Act. |
18 | | (d) Except for Section 20-160 and Article 50 of this Code, |
19 | | and as expressly required by Section 9.1 of the Illinois |
20 | | Lottery Law, the provisions of this Code do not apply to the |
21 | | procurement process provided for under Section 9.1 of the |
22 | | Illinois Lottery Law. |
23 | | (e) This Code does not apply to the process used by the |
24 | | Capital Development Board to retain a person or entity to |
25 | | assist the Capital Development Board with its duties related |
26 | | to the determination of costs of a clean coal SNG brownfield |
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1 | | facility, as defined by Section 1-10 of the Illinois Power |
2 | | Agency Act, as required in subsection (h-3) of Section 9-220 |
3 | | of the Public Utilities Act, including calculating the range |
4 | | of capital costs, the range of operating and maintenance |
5 | | costs, or the sequestration costs or monitoring the |
6 | | construction of clean coal SNG brownfield facility for the |
7 | | full duration of construction. |
8 | | (f) (Blank). |
9 | | (g) (Blank). |
10 | | (h) This Code does not apply to the process to procure or |
11 | | contracts entered into in accordance with Sections 11-5.2 and |
12 | | 11-5.3 of the Illinois Public Aid Code. |
13 | | (i) Each chief procurement officer may access records |
14 | | necessary to review whether a contract, purchase, or other |
15 | | expenditure is or is not subject to the provisions of this |
16 | | Code, unless such records would be subject to attorney-client |
17 | | privilege. |
18 | | (j) This Code does not apply to the process used by the |
19 | | Capital Development Board to retain an artist or work or works |
20 | | of art as required in Section 14 of the Capital Development |
21 | | Board Act. |
22 | | (k) This Code does not apply to the process to procure |
23 | | contracts, or contracts entered into, by the State Board of |
24 | | Elections or the State Electoral Board for hearing officers |
25 | | appointed pursuant to the Election Code. |
26 | | (l) This Code does not apply to the processes used by the |
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1 | | Illinois Student Assistance Commission to procure supplies and |
2 | | services paid for from the private funds of the Illinois |
3 | | Prepaid Tuition Fund. As used in this subsection (l), "private |
4 | | funds" means funds derived from deposits paid into the |
5 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. |
6 | | (m) This Code shall apply regardless of the source of |
7 | | funds with which contracts are paid, including federal |
8 | | assistance moneys. Except as specifically provided in this |
9 | | Code, this Code shall not apply to procurement expenditures |
10 | | necessary for the Department of Public Health to conduct the |
11 | | Healthy Illinois Survey in accordance with Section 2310-431 of |
12 | | the Department of Public Health Powers and Duties Law of the |
13 | | Civil Administrative Code of Illinois. |
14 | | (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; |
15 | | 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. |
16 | | 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; |
17 | | 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. |
18 | | 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised |
19 | | 1-2-24.)". |