Rep. Brandon W. Phelps

Filed: 3/14/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1504

2    AMENDMENT NO. ______. Amend House Bill 1504 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Procurement Code is amended by
5changing Section 25-45 and by adding the heading of Article 32
6and Sections 32-3, 32-4, 32-5, 32-10, 32-15, 32-20, and 32-25
7as follows:
 
8    (30 ILCS 500/25-45)
9    Sec. 25-45. Energy conservation program. State purchasing
10officers may enter into energy conservation program contracts
11that provide for utility cost savings. The chief procurement
12officer shall promulgate and adopt rules in accordance with
13Article 32 of this Act for the implementation of this Section.
14    For the purposes of promoting energy conservation and
15carbon reduction in State owned facilities, the State
16purchasing officer of the Illinois Department of Corrections

 

 

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1(IDOC) may work in conjunction with the State purchasing
2officer of the Capital Development Board (CDB) to follow the
3procedure prescribed in Article 32 of this Act for the
4procurement of guaranteed energy saving contracts. After
5evaluating proposals, IDOC may enter into a contract with the
6qualified provider to reduce energy usage and carbon footprints
7of the correctional facilities administered by IDOC. If, in the
8judgment of IDOC and CDB, it is in the State's best interest to
9award contracts to more than one qualified provider, they may
10do so.
11(Source: P.A. 90-572, eff. date - See Sec. 99-5.)
 
12    (30 ILCS 500/Art. 32 heading new)
13
ARTICLE 32. ENERGY CONSERVATION MEASURES

 
14    (30 ILCS 500/32-3 new)
15    Sec. 32-3. Applicable laws. Other State laws and related
16administrative requirements apply to this Article, including,
17but not limited to, the following laws and related
18administrative requirements: the Illinois Human Rights Act,
19the Prevailing Wage Act, the Public Construction Bond Act, the
20Public Works Preference Act, the Employment of Illinois Workers
21on Public Works Act, the Freedom of Information Act, the Open
22Meetings Act, the Illinois Architecture Practice Act of 1989,
23the Professional Engineering Practice Act of 1989, the
24Structural Engineering Practice Act of 1989, and the Contractor

 

 

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1Unified License and Permit Bond Act.
 
2    (30 ILCS 500/32-4 new)
3    Sec. 32-4. Applicability. In order to protect the integrity
4of historic buildings, no provision of this Article shall be
5interpreted to require the implementation of energy
6conservation measures that conflict with respect to any
7property eligible for, nominated to, or entered on the National
8Register of Historic Places, pursuant to the National Historic
9Preservation Act of 1966, or the Illinois Register of Historic
10Places, pursuant to the Illinois Historic Preservation Act.
 
11    (30 ILCS 500/32-5 new)
12    Sec. 32-5. Definitions. As used in this Article, unless the
13context clearly requires otherwise:
14    "Energy conservation measure" means any improvement,
15repair, alteration, or betterment of any building or facility
16owned or operated by the State or any equipment, fixture, or
17furnishing to be added to or used in any such building or
18facility, subject to all applicable building codes, that is
19designed to reduce energy consumption or operating costs, and
20may include, without limitation, one or more of the following:
21        (1) Insulation of the building structure or systems
22    within the building.
23        (2) Storm windows or doors, caulking or
24    weatherstripping, multiglazed windows or doors, heat

 

 

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1    absorbing or heat reflective glazed and coated window or
2    door systems, additional glazing, reductions in glass
3    area, or other window and door system modifications that
4    reduce energy consumption.
5        (3) Automated or computerized energy control systems.
6        (4) Heating, ventilating, or air conditioning system
7    modifications or replacements.
8        (5) Replacement or modification of lighting fixtures
9    to increase the energy efficiency of the lighting system
10    without increasing the overall illumination of a facility,
11    unless an increase in illumination is necessary to conform
12    to the applicable State or local building code for the
13    lighting system after the proposed modifications are made.
14        (6) Energy recovery systems.
15        (7) Energy conservation measures that provide
16    long-term operating cost reductions.
17    "Guaranteed energy savings contract" means a contract for:
18(i) the implementation of an energy audit, data collection, and
19other related analyses preliminary to the undertaking of energy
20conservation measures; (ii) the evaluation and recommendation
21of energy conservation measures; (iii) the implementation of
22one or more energy conservation measures; and (iv) the
23implementation of project monitoring and data collection to
24verify post-installation energy consumption and energy-related
25operating costs. The contract shall provide that all payments,
26except obligations on termination of the contract before its

 

 

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1expiration, are to be made over time and that the savings are
2guaranteed to the extent necessary to pay the costs of the
3energy conservation measures. Energy savings may include
4energy reduction and offsetting sources of renewable energy
5funds including renewable energy credits and carbon credits.
6    "Qualified provider" means a person or business whose
7employees are experienced and trained in the design,
8implementation, or installation of energy conservation
9measures. The minimum training required for any person or
10employee under this paragraph shall be the satisfactory
11completion of at least 40 hours of course instruction dealing
12with energy conservation measures. A qualified provider to whom
13the contract is awarded shall give a sufficient bond to the
14State agency for its faithful performance.
15    "Request for proposals" means a competitive selection
16achieved by negotiated procurement. The request for proposals
17shall be announced through public notice, at least 14 days
18before the request date, in the Illinois Procurement Bulletin,
19from the State purchasing officer that will administer the
20program, requesting innovative solutions and proposals for
21energy conservation measures. Proposals submitted shall be
22sealed. The request for proposals shall include all of the
23following:
24        (1) The name and address of the State agency.
25        (2) The name, address, title, and phone number of the
26    State purchasing officer.

 

 

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1        (3) Notice indicating that the State agency is
2    requesting qualified providers to propose energy
3    conservation measures through a guaranteed energy savings
4    contract.
5        (4) The date, time, and place where proposals must be
6    received.
7        (5) The evaluation criteria for assessing the
8    proposals.
9        (6) Any other stipulations and clarifications the
10    State agency may require.
 
11    (30 ILCS 500/32-10 new)
12    Sec. 32-10. Evaluation of proposal. Before entering into a
13guaranteed energy savings contract under Section 32-15, a State
14purchasing officer shall submit a request for proposals. The
15State purchasing officer shall evaluate any sealed proposal
16from a qualified provider. The evaluation shall analyze the
17estimates of all costs of installations, modifications, or
18remodeling, including, without limitation, costs of a
19pre-installation energy audit or analysis, design,
20engineering, installation, maintenance, repairs, debt service,
21conversions to a different energy or fuel source, or
22post-installation project monitoring, data collection, and
23reporting. The evaluation shall include a detailed analysis of
24whether either the energy consumed or the operating costs, or
25both, will be reduced. If technical assistance is not available

 

 

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1by a licensed architect or registered professional engineer on
2the State agency's staff, then the evaluation of the proposal
3shall be done by a registered professional engineer or
4architect who is retained by the State agency. Any licensed
5architect or registered professional engineer evaluating a
6proposal under this Section may not have any financial or
7contractual relationship with a qualified provider or other
8source that would constitute a conflict of interest. The State
9agency may pay a reasonable fee for evaluation of the proposal
10or include the fee as part of the payments made under Section
1132-20.
 
12    (30 ILCS 500/32-15 new)
13    Sec. 32-15. Award of guaranteed energy savings contract.
14Sealed proposals must be opened by the State purchasing officer
15at a public opening at which the contents of the proposals must
16be announced. Each person or entity submitting a sealed
17proposal must receive at least 10 days notice of the time and
18place of the opening. The State purchasing officer shall select
19the qualified provider that best meets the needs of the State
20agency. The State agency shall provide public notice of (i) the
21meeting at which it proposes to award a guaranteed energy
22savings contract, (ii) the names of the parties to the proposed
23contract, and (iii) the purpose of the contract. The public
24notice shall be made at least 10 days prior to the meeting.
25After evaluating the proposals under Section 32-10, the Capital

 

 

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1Development Board may enter into a guaranteed energy savings
2contract with a qualified provider if it finds that the amount
3the State agency would spend on the energy conservation
4measures recommended in the proposal would not exceed the
5amount to be saved in either energy or operational costs, or
6both, within a 20-year period from the date of installation, if
7the recommendations in the proposal are followed.
 
8    (30 ILCS 500/32-20 new)
9    Sec. 32-20. Guarantee. The guaranteed energy savings
10contract shall include a written guarantee of the qualified
11provider that either the energy or operational cost savings, or
12both, will meet or exceed within 20 years the costs of the
13energy conservation measures. The qualified provider shall
14reimburse the State agency for any shortfall of guaranteed
15energy savings projected in the contract. A qualified provider
16shall provide a sufficient bond to the State agency for the
17installation and the faithful performance of all the measures
18included in the contract. The guaranteed energy savings
19contract may provide for payments over a period of time, not to
20exceed 20 years from the date of the final installation of the
21measures.
 
22    (30 ILCS 500/32-25 new)
23    Sec. 32-25. Operational and energy cost savings. The State
24agency shall document the operational and energy cost savings

 

 

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1specified in the guaranteed energy savings contract and shall
2designate and appropriate that amount for an annual payment of
3the contract. If the annual energy savings are less than
4projected under the guaranteed energy savings contract, the
5qualified provider shall pay the difference as provided in
6Section 32-20.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".