Rep. Robert "Bob" Rita

Filed: 5/19/2023

 

 


 

 


 
10300SB0089ham002LRB103 05113 JDS 62251 a

1
AMENDMENT TO SENATE BILL 89

2    AMENDMENT NO. ______. Amend Senate Bill 89, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 3. The Energy Efficient Building Act is amended
6by changing Section 55 as follows:
 
7    (20 ILCS 3125/55)
8    Sec. 55. Illinois Stretch Energy Code.
9    (a) The Board, in consultation with the Agency Department,
10shall create and adopt the Illinois Stretch Energy Code, to
11allow municipalities and projects authorized or funded by the
12Board to achieve more energy efficiency in buildings than the
13Illinois Energy Conservation Code through a consistent pathway
14across the State. The Illinois Stretch Energy Code shall be
15available for adoption by any municipality and shall set
16minimum energy efficiency requirements, taking the place of

 

 

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1the Illinois Energy Conservation Code within any municipality
2that adopts the Illinois Stretch Energy Code.
3    (b) The Illinois Stretch Energy Code shall have separate
4components for commercial and residential buildings, which may
5be adopted by the municipality jointly or separately.
6    (c) The Illinois Stretch Energy Code shall apply to all
7projects to which an energy conservation code is applicable
8that are authorized or funded in any part by the Board after
9July 1, 2024 January 1, 2024.
10    (d) Development of the Illinois Stretch Energy Code shall
11be completed and available for adoption by municipalities by
12June 30, 2024 December 31, 2023.
13    (e) Consistent with the requirements under paragraph (2.5)
14of subsection (g) of Section 8-103B of the Public Utilities
15Act and under paragraph (2) of subsection (j) of Section 8-104
16of the Public Utilities Act, municipalities may adopt the
17Illinois Stretch Energy Code and may use utility programs to
18support compliance with the Illinois Stretch Energy Code. The
19amount of savings from such utility efforts that may be
20counted toward achievement of their annual savings goals shall
21be based on reasonable estimates of the increase in savings
22resulting from the utility efforts, relative to reasonable
23approximations of what would have occurred absent the utility
24involvement.
25    (f) The Illinois Stretch Energy Code's residential
26components shall:

 

 

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1        (1) apply to residential buildings as defined under
2    Section 10;
3        (2) set performance targets using a site energy index
4    with reductions relative to the 2006 International Energy
5    Conservation Code; and
6        (3) include stretch energy codes with site energy
7    index standards and adoption dates as follows: by no later
8    than June 30, 2024 December 31, 2023, the Board shall
9    create and adopt a stretch energy code with a site energy
10    index no greater than 0.50 of the 2006 International
11    Energy Conservation Code; by no later than December 31,
12    2025, the Board shall create and adopt a stretch energy
13    code with a site energy index no greater than 0.40 of the
14    2006 International Energy Conservation Code, unless the
15    Board identifies unanticipated burdens associated with the
16    stretch energy code adopted in 2023 or 2024, in which case
17    the Board may adopt a stretch energy code with a site
18    energy index no greater than 0.42 of the 2006
19    International Energy Conservation Code, provided that the
20    more relaxed standard has a site energy index that is at
21    least 0.05 more restrictive than the 2024 International
22    Energy Conservation Code; by no later than December 31,
23    2028, the Board shall create and adopt a stretch energy
24    code with a site energy index no greater than 0.33 of the
25    2006 International Energy Conservation Code, unless the
26    Board identifies unanticipated burdens associated with the

 

 

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1    stretch energy code adopted in 2025, in which case the
2    Board may adopt a stretch energy code with a site energy
3    index no greater than 0.35 of the 2006 International
4    Energy Conservation Code, but only if that more relaxed
5    standard has a site energy index that is at least 0.05 more
6    restrictive than the 2027 International Energy
7    Conservation Code; and by no later than December 31, 2031,
8    the Board shall create and adopt a stretch energy code
9    with a site energy index no greater than 0.25 of the 2006
10    International Energy Conservation Code.
11    (g) The Illinois Stretch Energy Code's commercial
12components shall:
13        (1) apply to commercial buildings as defined under
14    Section 10;
15        (2) set performance targets using a site energy index
16    with reductions relative to the 2006 International Energy
17    Conservation Code; and
18        (3) include stretch energy codes with site energy
19    index standards and adoption dates as follows: by no later
20    than June 30, 2024 December 31, 2023, the Board shall
21    create and adopt a stretch energy code with a site energy
22    index no greater than 0.60 of the 2006 International
23    Energy Conservation Code; by no later than December 31,
24    2025, the Board shall create and adopt a stretch energy
25    code with a site energy index no greater than 0.50 of the
26    2006 International Energy Conservation Code; by no later

 

 

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1    than December 31, 2028, the Board shall create and adopt a
2    stretch energy code with a site energy index no greater
3    than 0.44 of the 2006 International Energy Conservation
4    Code; and by no later than December 31, 2031, the Board
5    shall create and adopt a stretch energy code with a site
6    energy index no greater than 0.39 of the 2006
7    International Energy Conservation Code.
8    (h) The process for the creation of the Illinois Stretch
9Energy Code includes:
10        (1) within 60 days after the effective date of this
11    amendatory Act of the 102nd General Assembly, the Capital
12    Development Board shall meet with the Illinois Energy Code
13    Advisory Council to advise and provide technical
14    assistance and recommendations to the Capital Development
15    Board for the Illinois Stretch Energy Code, which shall:
16            (A) advise the Capital Development Board on
17        creation of interim performance targets, code
18        requirements, and an implementation plan for the
19        Illinois Stretch Energy Code;
20            (B) recommend amendments to proposed rules issued
21        by the Capital Development Board;
22            (C) recommend complementary programs or policies;
23            (D) complete recommendations and development for
24        the Illinois Stretch Energy Code elements and
25        requirements by December 31, 2023 July 31, 2023;
26        (2) As part of its deliberations, the Illinois Energy

 

 

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1    Code Advisory Council shall actively solicit input from
2    other energy code stakeholders and interested parties.
3(Source: P.A. 102-662, eff. 9-15-21.)
 
4    Section 5. The Public Building Commission Act is amended
5by changing Sections 2.5, 20.3, 20.4, 20.5, 20.10, 20.15,
620.20, and 20.25 as follows:
 
7    (50 ILCS 20/2.5)
8    (Section scheduled to be repealed on June 1, 2023)
9    Sec. 2.5. Legislative policy; conditions for use of
10design-build. It is the intent of the General Assembly that a
11commission be allowed to use the design-build delivery method
12for public projects if it is shown to be in the commission's
13best interest for that particular project.
14    It shall be the policy of the commission in the
15procurement of design-build services to publicly announce all
16requirements for design-build services and to procure these
17services on the basis of demonstrated competence and
18qualifications and with due regard for the principles of
19competitive selection.
20    The commission shall, prior to issuing requests for
21proposals, promulgate and publish procedures for the
22solicitation and award of contracts pursuant to this Act.
23    The commission shall, for each public project or projects
24permitted under this Act, make a written determination,

 

 

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1including a description as to the particular advantages of the
2design-build procurement method, that it is in the best
3interests of the commission to enter into a design-build
4contract for the project or projects.
5    In making that determination, the following factors shall
6be considered:
7        (1) The probability that the design-build procurement
8    method will be in the best interests of the commission by
9    providing a material savings of time or cost over the
10    design-bid-build or other delivery system.
11        (2) The type and size of the project and its
12    suitability to the design-build procurement method.
13        (3) The ability of the design-build entity to define
14    and provide comprehensive scope and performance criteria
15    for the project.
16    The commission shall require the design-build entity to
17comply with the utilization goals established by the corporate
18authorities of the commission for minority and women business
19enterprises and to comply with Section 2-105 of the Illinois
20Human Rights Act.
21    This Section is repealed on July 1, 2025 June 1, 2023;
22provided that any design-build contracts entered into before
23such date or any procurement of a project under this Act
24commenced before such date, and the contracts resulting from
25those procurements, shall remain effective.
26(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479,

 

 

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1eff. 8-23-19.)
 
2    (50 ILCS 20/20.3)
3    (Section scheduled to be repealed on June 1, 2023)
4    Sec. 20.3. Solicitation of design-build proposals.
5    (a) When the Commission elects to use the design-build
6delivery method, it must issue a notice of intent to receive
7proposals for the project at least 14 days before issuing the
8request for the proposal. The Commission must publish the
9advance notice in a daily newspaper of general circulation in
10the county where the Commission is located. The Commission is
11encouraged to use publication of the notice in related
12construction industry service publications. A brief
13description of the proposed procurement must be included in
14the notice. The Commission must provide a copy of the request
15for proposal to any party requesting a copy.
16    (b) The request for proposal shall be prepared for each
17project and must contain, without limitation, the following
18information:
19        (1) The name of the Commission.
20        (2) A preliminary schedule for the completion of the
21    contract.
22        (3) The proposed budget for the project, the source of
23    funds, and the currently available funds at the time the
24    request for proposal is submitted.
25        (4) Prequalification criteria for design-build

 

 

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1    entities wishing to submit proposals. The Commission shall
2    include, at a minimum, its normal prequalification,
3    licensing, registration, and other requirements, but
4    nothing contained herein precludes the use of additional
5    prequalification criteria by the Commission.
6        (5) Material requirements of the contract, including
7    but not limited to, the proposed terms and conditions,
8    required performance and payment bonds, insurance, and the
9    entity's plan to comply with the utilization goals
10    established by the corporate authorities of the Commission
11    for minority and women business enterprises and to comply
12    with Section 2-105 of the Illinois Human Rights Act.
13        (6) The performance criteria.
14        (7) The evaluation criteria for each phase of the
15    solicitation.
16        (8) The number of entities that will be considered for
17    the technical and cost evaluation phase.
18    (c) The Commission may include any other relevant
19information that it chooses to supply. The design-build entity
20shall be entitled to rely upon the accuracy of this
21documentation in the development of its proposal.
22    (d) The date that proposals are due must be at least 21
23calendar days after the date of the issuance of the request for
24proposal. In the event the cost of the project is estimated to
25exceed $12,000,000, then the proposal due date must be at
26least 28 calendar days after the date of the issuance of the

 

 

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1request for proposal. The Commission shall include in the
2request for proposal a minimum of 30 days to develop the Phase
3II submissions after the selection of entities from the Phase
4I evaluation is completed.
5    (e) This Section is repealed on July 1, 2025 June 1, 2023;
6provided that any design-build contracts entered into before
7such date or any procurement of a project under this Act
8commenced before such date, and the contracts resulting from
9those procurements, shall remain effective.
10(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479,
11eff. 8-23-19.)
 
12    (50 ILCS 20/20.4)
13    (Section scheduled to be repealed on June 1, 2023)
14    Sec. 20.4. Development of design-build scope and
15performance criteria.
16    (a) The Commission shall develop, with the assistance of a
17licensed design professional, a request for proposal, which
18shall include scope and performance criteria. The scope and
19performance criteria must be in sufficient detail and contain
20adequate information to reasonably apprise the qualified
21design-build entities of the Commission's overall programmatic
22needs and goals, including criteria and preliminary design
23plans, general budget parameters, schedule, and delivery
24requirements.
25    (b) Each request for proposal shall also include a

 

 

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1description of the level of design to be provided in the
2proposals. This description must include the scope and type of
3renderings, drawings, and specifications that, at a minimum,
4will be required by the Commission to be produced by the
5design-build entities.
6    (c) The scope and performance criteria shall be prepared
7by a design professional who is an employee of the Commission,
8or the Commission may contract with an independent design
9professional selected under the Local Government Professional
10Services Selection Act (50 ILCS 510/) to provide these
11services.
12    (d) The design professional that prepares the scope and
13performance criteria is prohibited from participating in any
14design-build entity proposal for the project.
15    (e) This Section is repealed on July 1, 2025 June 1, 2023;
16provided that any design-build contracts entered into before
17such date or any procurement of a project under this Act
18commenced before such date, and the contracts resulting from
19those procurements, shall remain effective.
20(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479,
21eff. 8-23-19.)
 
22    (50 ILCS 20/20.5)
23    (Section scheduled to be repealed on June 1, 2023)
24    Sec. 20.5. Procedures for design-build selection.
25    (a) The Commission must use a two-phase procedure for the

 

 

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1selection of the successful design-build entity. Phase I of
2the procedure will evaluate and shortlist the design-build
3entities based on qualifications, and Phase II will evaluate
4the technical and cost proposals.
5    (b) The Commission shall include in the request for
6proposal the evaluating factors to be used in Phase I. These
7factors are in addition to any prequalification requirements
8of design-build entities that the Commission has set forth.
9Each request for proposal shall establish the relative
10importance assigned to each evaluation factor and subfactor,
11including any weighting of criteria to be employed by the
12Commission. The Commission must maintain a record of the
13evaluation scoring to be disclosed in event of a protest
14regarding the solicitation.
15    The Commission shall include the following criteria in
16every Phase I evaluation of design-build entities: (1)
17experience of personnel; (2) successful experience with
18similar project types; (3) financial capability; (4)
19timeliness of past performance; (5) experience with similarly
20sized projects; (6) successful reference checks of the firm;
21(7) commitment to assign personnel for the duration of the
22project and qualifications of the entity's consultants; and
23(8) ability or past performance in meeting or exhausting good
24faith efforts to meet the utilization goals for minority and
25women business enterprises established by the corporate
26authorities of the Commission and in complying with Section

 

 

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12-105 of the Illinois Human Rights Act. The Commission may
2include any additional relevant criteria in Phase I that it
3deems necessary for a proper qualification review.
4    The Commission may not consider any design-build entity
5for evaluation or award if the entity has any pecuniary
6interest in the project or has other relationships or
7circumstances, including but not limited to, long-term
8leasehold, mutual performance, or development contracts with
9the Commission, that may give the design-build entity a
10financial or tangible advantage over other design-build
11entities in the preparation, evaluation, or performance of the
12design-build contract or that create the appearance of
13impropriety. No design-build proposal shall be considered that
14does not include an entity's plan to comply with the
15requirements established in the minority and women business
16enterprises and economically disadvantaged firms established
17by the corporate authorities of the Commission and with
18Section 2-105 of the Illinois Human Rights Act.
19    Upon completion of the qualifications evaluation, the
20Commission shall create a shortlist of the most highly
21qualified design-build entities. The Commission, in its
22discretion, is not required to shortlist the maximum number of
23entities as identified for Phase II evaluation, provided
24however, no less than 2 design-build entities nor more than 6
25are selected to submit Phase II proposals.
26    The Commission shall notify the entities selected for the

 

 

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1shortlist in writing. This notification shall commence the
2period for the preparation of the Phase II technical and cost
3evaluations. The Commission must allow sufficient time for the
4shortlist entities to prepare their Phase II submittals
5considering the scope and detail requested by the Commission.
6    (c) The Commission shall include in the request for
7proposal the evaluating factors to be used in the technical
8and cost submission components of Phase II. Each request for
9proposal shall establish, for both the technical and cost
10submission components of Phase II, the relative importance
11assigned to each evaluation factor and subfactor, including
12any weighting of criteria to be employed by the Commission.
13The Commission must maintain a record of the evaluation
14scoring to be disclosed in event of a protest regarding the
15solicitation.
16    The Commission shall include the following criteria in
17every Phase II technical evaluation of design-build entities:
18(1) compliance with objectives of the project; (2) compliance
19of proposed services to the request for proposal requirements;
20(3) quality of products or materials proposed; (4) quality of
21design parameters; (5) design concepts; (6) innovation in
22meeting the scope and performance criteria; and (7)
23constructability of the proposed project. The Commission may
24include any additional relevant technical evaluation factors
25it deems necessary for proper selection.
26    The Commission shall include the following criteria in

 

 

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1every Phase II cost evaluation: the guaranteed maximum project
2cost and the time of completion. The Commission may include
3any additional relevant technical evaluation factors it deems
4necessary for proper selection. The guaranteed maximum project
5cost criteria weighing factor shall not exceed 30%.
6    The Commission shall directly employ or retain a licensed
7design professional to evaluate the technical and cost
8submissions to determine if the technical submissions are in
9accordance with generally accepted industry standards.
10    Upon completion of the technical submissions and cost
11submissions evaluation, the Commission may award the
12design-build contract to the highest overall ranked entity.
13    (d) This Section is repealed on July 1, 2025 June 1, 2023;
14provided that any design-build contracts entered into before
15such date or any procurement of a project under this Act
16commenced before such date, and the contracts resulting from
17those procurements, shall remain effective.
18(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479,
19eff. 8-23-19.)
 
20    (50 ILCS 20/20.10)
21    (Section scheduled to be repealed on June 1, 2023)
22    Sec. 20.10. Small design-build projects. In any case
23where the total overall cost of the project is estimated to be
24less than $12,000,000, the Commission may combine the
25two-phase procedure for design-build selection described in

 

 

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1Section 20.5 into one combined step, provided that all the
2requirements of evaluation are performed in accordance with
3Section 20.5.
4    This Section is repealed on July 1, 2025 June 1, 2023;
5provided that any design-build contracts entered into before
6such date or any procurement of a project under this Act
7commenced before such date, and the contracts resulting from
8those procurements, shall remain effective.
9(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479,
10eff. 8-23-19.)
 
11    (50 ILCS 20/20.15)
12    (Section scheduled to be repealed on June 1, 2023)
13    Sec. 20.15. Submission of design-build proposals.
14Design-build proposals must be properly identified and sealed.
15Proposals may not be reviewed until after the deadline for
16submission has passed as set forth in the request for
17proposals. All design-build entities submitting proposals
18shall be disclosed after the deadline for submission, and all
19design-build entities who are selected for Phase II evaluation
20shall also be disclosed at the time of that determination.
21    Phase II design-build proposals shall include a bid bond
22in the form and security as designated in the request for
23proposals. Proposals shall also contain a separate sealed
24envelope with the cost information within the overall proposal
25submission. Proposals shall include a list of all design

 

 

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1professionals and other entities to which any work identified
2in Section 30-30 of the Illinois Procurement Code as a
3subdivision of construction work may be subcontracted during
4the performance of the contract.
5    Proposals must meet all material requirements of the
6request for proposal or they may be rejected as
7non-responsive. The Commission shall have the right to reject
8any and all proposals.
9    The drawings and specifications of any unsuccessful
10design-build proposal shall remain the property of the
11design-build entity.
12    The Commission shall review the proposals for compliance
13with the performance criteria and evaluation factors.
14    Proposals may be withdrawn prior to the due date and time
15for submissions for any cause. After evaluation begins by the
16Commission, clear and convincing evidence of error is required
17for withdrawal.
18    This Section is repealed on July 1, 2025 June 1, 2023;
19provided that any design-build contracts entered into before
20such date or any procurement of a project under this Act
21commenced before such date, and the contracts resulting from
22those procurements, shall remain effective.
23(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479,
24eff. 8-23-19.)
 
25    (50 ILCS 20/20.20)

 

 

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1    (Section scheduled to be repealed on June 1, 2023)
2    Sec. 20.20. Design-build award. The Commission may award a
3design-build contract to the highest overall ranked entity.
4Notice of award shall be made in writing. Unsuccessful
5entities shall also be notified in writing. The Commission may
6not request a best and final offer after the receipt of
7proposals. The Commission may negotiate with the selected
8design-build entity after award but prior to contract
9execution for the purpose of securing better terms than
10originally proposed, provided that the salient features of the
11request for proposal are not diminished.
12    This Section is repealed on July 1, 2025 June 1, 2023;
13provided that any design-build contracts entered into before
14such date or any procurement of a project under this Act
15commenced before such date, and the contracts resulting from
16those procurements, shall remain effective.
17(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479,
18eff. 8-23-19.)
 
19    (50 ILCS 20/20.25)
20    (Section scheduled to be repealed on June 1, 2023)
21    Sec. 20.25. Minority and female owned enterprises; total
22construction budget.
23    (a) Each year, within 60 days following the end of a
24commission's fiscal year, the commission shall provide a
25report to the General Assembly addressing the utilization of

 

 

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1minority and female owned business enterprises on design-build
2projects.
3    (b) The payments for design-build projects by any
4commission in one fiscal year shall not exceed 50% of the
5moneys spent on construction projects during the same fiscal
6year.
7    (c) This Section is repealed on July 1, 2025 June 1, 2023;
8provided that any design-build contracts entered into before
9such date or any procurement of a project under this Act
10commenced before such date, and the contracts resulting from
11those procurements, shall remain effective.
12(Source: P.A. 100-736, eff. 1-1-19; reenacted by P.A. 101-479,
13eff. 8-23-19.)
 
14    Section 7. The University of Illinois Act is amended by
15changing Section 115 as follows:
 
16    (110 ILCS 305/115)
17    (Section scheduled to be repealed on January 1, 2024)
18    Sec. 115. Water rates report.
19    (a) Subject to appropriation, no later than June 30, 2023
20December 1, 2022, the Government Finance Research Center at
21the University of Illinois at Chicago, in coordination with an
22intergovernmental advisory committee, must issue a report
23evaluating the setting of water rates throughout the Lake
24Michigan service area of northeastern Illinois and, no later

 

 

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1than December 31 1, 2024 2023, for the remainder of Illinois.
2The report must provide recommendations for policy and
3regulatory needs at the State and local level based on its
4findings. The report shall, at a minimum, address all of the
5following areas:
6        (1) The components of a water bill.
7        (2) Reasons for increases in water rates.
8        (3) The definition of affordability throughout the
9    State and any variances to that definition.
10        (4) Evidence of rate-setting that utilizes
11    inappropriate practices.
12        (5) The extent to which State or local policies drive
13    cost increases or variations in rate-settings.
14        (6) Challenges within economically disadvantaged
15    communities in setting water rates.
16        (7) Opportunities for increased intergovernmental
17    coordination for setting equitable water rates.
18    (b) In developing the report under this Section, the
19Government Finance Research Center shall form an advisory
20committee, which shall be composed of all of the following
21members:
22        (1) The Director of the Environmental Protection
23    Agency, or his or her designee.
24        (2) The Director of Natural Resources, or his or her
25    designee.
26        (3) The Director of Commerce and Economic Opportunity,

 

 

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1    or his or her designee.
2        (4) The Attorney General, or his or her designee.
3        (5) At least 2 members who are representatives of
4    private water utilities operating in Illinois, appointed
5    by the Director of the Government Finance Research Center.
6        (6) At least 4 members who are representatives of
7    municipal water utilities, appointed by the Director of
8    the Government Finance Research Center.
9        (7) One member who is a representative of an
10    environmental justice advocacy organization, appointed by
11    the Director of the Government Finance Research Center.
12        (8) One member who is a representative of a consumer
13    advocacy organization, appointed by the Director of the
14    Government Finance Research Center.
15        (9) One member who is a representative of an
16    environmental planning organization that serves
17    northeastern Illinois, appointed by the Director of the
18    Government Finance Research Center.
19        (10) The Director of the Illinois State Water Survey,
20    or his or her designee.
21        (11) The Chairperson of the Illinois Commerce
22    Commission, or his or her designee.
23    (c) After all members are appointed, the committee shall
24hold its first meeting at the call of the Director of the
25Government Finance Research Center, at which meeting the
26members shall select a chairperson from among themselves.

 

 

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1After its first meeting, the committee shall meet at the call
2of the chairperson. Members of the committee shall serve
3without compensation but may be reimbursed for their
4reasonable and necessary expenses incurred in performing their
5duties. The Government Finance Research Center shall provide
6administrative and other support to the committee.
7    (d) (Blank.) No later than 60 days after August 23, 2019
8(the effective date of Public Act 101-562), the Government
9Finance Research Center must provide an opportunity for public
10comment on the questions to be addressed in the report, the
11metrics to be used, and the recommendations that need to be
12issued.
13    (e) This Section is repealed on January 1, 2025 2024.
14(Source: P.A. 101-562, eff. 8-23-19; 102-507, eff. 8-20-21;
15102-558, eff. 8-20-21.)
 
16    Section 9. The Sports Wagering Act is amended by changing
17Section 25-25 as follows:
 
18    (230 ILCS 45/25-25)
19    Sec. 25-25. Sports wagering authorized.
20    (a) Notwithstanding any provision of law to the contrary,
21the operation of sports wagering is only lawful when conducted
22in accordance with the provisions of this Act and the rules of
23the Illinois Gaming Board and the Department of the Lottery.
24    (b) A person placing a wager under this Act shall be at

 

 

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1least 21 years of age.
2    (c) A licensee under this Act may not accept a wager on a
3minor league sports event.
4    (d) Except as otherwise provided in this Section, a
5licensee under this Act may not accept a wager for a sports
6event involving an Illinois collegiate team.
7    (d-5) Beginning on the effective date of this amendatory
8Act of the 102nd General Assembly until July 1, 2024 July 1,
92023, a licensee under this Act may accept a wager for a sports
10event involving an Illinois collegiate team if:
11        (1) the wager is a tier 1 wager;
12        (2) the wager is not related to an individual
13    athlete's performance; and
14        (3) the wager is made in person instead of over the
15    Internet or through a mobile application.
16    (e) A licensee under this Act may only accept a wager from
17a person physically located in the State.
18    (f) Master sports wagering licensees may use any data
19source for determining the results of all tier 1 sports
20wagers.
21    (g) A sports governing body headquartered in the United
22States may notify the Board that it desires to supply official
23league data to master sports wagering licensees for
24determining the results of tier 2 sports wagers. Such
25notification shall be made in the form and manner as the Board
26may require. If a sports governing body does not notify the

 

 

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1Board of its desire to supply official league data, a master
2sports wagering licensee may use any data source for
3determining the results of any and all tier 2 sports wagers on
4sports contests for that sports governing body.
5    Within 30 days of a sports governing body notifying the
6Board, master sports wagering licensees shall use only
7official league data to determine the results of tier 2 sports
8wagers on sports events sanctioned by that sports governing
9body, unless: (1) the sports governing body or designee cannot
10provide a feed of official league data to determine the
11results of a particular type of tier 2 sports wager, in which
12case master sports wagering licensees may use any data source
13for determining the results of the applicable tier 2 sports
14wager until such time as such data feed becomes available on
15commercially reasonable terms; or (2) a master sports wagering
16licensee can demonstrate to the Board that the sports
17governing body or its designee cannot provide a feed of
18official league data to the master sports wagering licensee on
19commercially reasonable terms. During the pendency of the
20Board's determination, such master sports wagering licensee
21may use any data source for determining the results of any and
22all tier 2 sports wagers.
23    (h) A licensee under this Act may not accept wagers on a
24kindergarten through 12th grade sports event.
25(Source: P.A. 101-31, eff. 6-28-19; 102-689, eff. 12-17-21.)
 

 

 

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1    Section 11. The Liquor Control Act of 1934 is amended by
2changing Section 6-28.8 as follows:
 
3    (235 ILCS 5/6-28.8)
4    (Section scheduled to be repealed on January 3, 2024)
5    Sec. 6-28.8. Delivery and carry out of mixed drinks
6permitted.
7    (a) In this Section:
8    "Cocktail" or "mixed drink" means any beverage obtained by
9combining ingredients alcoholic in nature, whether brewed,
10fermented, or distilled, with ingredients non-alcoholic in
11nature, such as fruit juice, lemonade, cream, or a carbonated
12beverage.
13    "Original container" means, for the purposes of this
14Section only, a container that is (i) filled, sealed, and
15secured by a retail licensee's employee at the retail
16licensee's location with a tamper-evident lid or cap or (ii)
17filled and labeled by the manufacturer and secured by the
18manufacturer's original unbroken seal.
19    "Sealed container" means a rigid container that contains a
20mixed drink or a single serving of wine, is new, has never been
21used, has a secured lid or cap designed to prevent consumption
22without removal of the lid or cap, and is tamper-evident.
23"Sealed container" includes a manufacturer's original
24container as defined in this subsection. "Sealed container"
25does not include a container with a lid with sipping holes or

 

 

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1openings for straws or a container made of plastic, paper, or
2polystyrene foam.
3    "Tamper-evident" means a lid or cap that has been sealed
4with tamper-evident covers, including, but not limited to, wax
5dip or heat shrink wrap.
6    (b) A cocktail, mixed drink, or single serving of wine
7placed in a sealed container by a retail licensee at the retail
8licensee's location or a manufacturer's original container may
9be transferred and sold for off-premises consumption if the
10following requirements are met:
11        (1) the cocktail, mixed drink, or single serving of
12    wine is transferred within the licensed premises, by a
13    curbside pickup, or by delivery by an employee of the
14    retail licensee who:
15            (A) has been trained in accordance with Section
16        6-27.1 at the time of the sale;
17            (B) is at least 21 years of age; and
18            (C) upon delivery, verifies the age of the person
19        to whom the cocktail, mixed drink, or single serving
20        of wine is being delivered;
21        (2) if the employee delivering the cocktail, mixed
22    drink, or single serving of wine is not able to safely
23    verify a person's age or level of intoxication upon
24    delivery, the employee shall cancel the sale of alcohol
25    and return the product to the retail license holder;
26        (3) the sealed container is placed in the trunk of the

 

 

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1    vehicle or if there is no trunk, in the vehicle's rear
2    compartment that is not readily accessible to the
3    passenger area;
4        (4) except for a manufacturer's original container, a
5    container filled and sealed at a retail licensee's
6    location shall be affixed with a label or tag that
7    contains the following information:
8            (A) the cocktail or mixed drink ingredients, type,
9        and name of the alcohol;
10            (B) the name, license number, and address of the
11        retail licensee that filled the original container and
12        sold the product;
13            (C) the volume of the cocktail, mixed drink, or
14        single serving of wine in the sealed container; and
15            (D) the sealed container was filled less than 7
16        days before the date of sale; and
17        (5) a manufacturer's original container shall be
18    affixed with a label or tag that contains the name,
19    license number, and address of the retail licensee that
20    sold the product.
21    (c) Third-party delivery services are not permitted to
22deliver cocktails and mixed drinks under this Section.
23    (d) If there is an executive order of the Governor in
24effect during a disaster, the employee delivering the mixed
25drink, cocktail, or single serving of wine must comply with
26any requirements of that executive order, including, but not

 

 

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1limited to, wearing gloves and a mask and maintaining
2distancing requirements when interacting with the public.
3    (e) Delivery or carry out of a cocktail, mixed drink, or
4single serving of wine is prohibited if:
5        (1) a third party delivers the cocktail or mixed
6    drink;
7        (2) a container of a mixed drink, cocktail, or single
8    serving of wine is not tamper-evident and sealed;
9        (3) a container of a mixed drink, cocktail, or single
10    serving of wine is transported in the passenger area of a
11    vehicle;
12        (4) a mixed drink, cocktail, or single serving of wine
13    is delivered by a person or to a person who is under the
14    age of 21; or
15        (5) the person delivering a mixed drink, cocktail, or
16    single serving of wine fails to verify the age of the
17    person to whom the mixed drink or cocktail is being
18    delivered.
19    (f) Violations of this Section shall be subject to any
20applicable penalties, including, but not limited to, the
21penalties specified under Section 11-502 of the Illinois
22Vehicle Code.
23    (f-5) This Section is not intended to prohibit or preempt
24the ability of a brew pub, tap room, or distilling pub to
25continue to temporarily deliver alcoholic liquor pursuant to
26guidance issued by the State Commission on March 19, 2020

 

 

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1entitled "Illinois Liquor Control Commission, COVID-19 Related
2Actions, Guidance on Temporary Delivery of Alcoholic Liquor".
3This Section shall only grant authorization to holders of
4State of Illinois retail liquor licenses but not to licensees
5that simultaneously hold any licensure or privilege to
6manufacture alcoholic liquors within or outside of the State
7of Illinois.
8    (g) This Section is not a denial or limitation of home rule
9powers and functions under Section 6 of Article VII of the
10Illinois Constitution.
11    (h) This Section is repealed on August 1, 2028 January 3,
122024.
13(Source: P.A. 101-631, eff. 6-2-20; 102-8, eff. 6-2-21.)
 
14    (705 ILCS 135/20-5 rep.)
15    Section 12. The Criminal and Traffic Assessment Act is
16amended by repealing Section 20-5.
 
17    Section 15. The Criminal Code of 2012 is amended by
18changing Section 33G-9 as follows:
 
19    (720 ILCS 5/33G-9)
20    (Section scheduled to be repealed on June 11, 2023)
21    Sec. 33G-9. Repeal. This Article is repealed on June 1,
222025 June 11, 2023.
23(Source: P.A. 102-918, eff. 5-27-22.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".