Full Text of HB4209 103rd General Assembly
HB4209ham002 103RD GENERAL ASSEMBLY | Rep. Lance Yednock Filed: 4/16/2024 | | 10300HB4209ham002 | | LRB103 34958 BDA 72351 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4209
| 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 shall prioritize commercial solar energy system | 26 | | sites with a significant history of disturbance, such as |
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| 1 | | former strip mines or previously developed sites. The | 2 | | Department may consider any land use that is lost from the | 3 | | installation of a commercial solar energy system in making a | 4 | | determination regarding the suitability of a site. At least 60 | 5 | | days before entering into a lease for a commercial solar | 6 | | energy system under this subsection (c), the Department shall | 7 | | post in the Illinois Register notice of the Department's | 8 | | intent to enter into the lease and shall provide a copy of the | 9 | | notice to a municipality if the leased area is located within | 10 | | the borders of the municipality. The notice shall include the | 11 | | specific location and size of the proposed commercial solar | 12 | | energy system. The Department shall consider and respond to | 13 | | all public comments regarding the posting that are received by | 14 | | the Department within 30 days of the posting. | 15 | | (Source: P.A. 89-445, eff. 2-7-96.) | 16 | | (20 ILCS 801/1-50 new) | 17 | | Sec. 1-50. Administrative rules. The Department of Natural | 18 | | Resources may adopt rules necessary to carry out its duties | 19 | | under this Act. | 20 | | Section 10. The Department of Natural Resources | 21 | | (Conservation) Law of the Civil Administrative Code of | 22 | | Illinois is amended by changing Sections 805-5, 805-230, | 23 | | 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 | 25 | | rights-of-way for the purposes of ingress or egress to those |
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| 1 | | lands and waters and to construct buildings and other | 2 | | recreational facilities, including roadways, bridges, and | 3 | | parking areas, commercial solar energy systems, and clean | 4 | | energy projects that the Department deems necessary or | 5 | | desirable for maximum utilization of recreational facilities | 6 | | for public use of the areas. | 7 | | (Source: P.A. 91-239, eff. 1-1-00.) | 8 | | (20 ILCS 805/805-235) (was 20 ILCS 805/63a6) | 9 | | Sec. 805-235. Lease of lands acquired by the Department; | 10 | | disposition of obsolete buildings. The Department has the | 11 | | power to do and perform each and every act or thing considered | 12 | | by the Director to be necessary or desirable to fulfill and | 13 | | carry out the intent and purpose of all laws pertaining to the | 14 | | Department, including the right to rehabilitate or sell at | 15 | | public auction buildings or structures affixed to lands over | 16 | | which the Department has acquired jurisdiction when in the | 17 | | judgment of the Director those buildings or structures are | 18 | | obsolete, inadequate, or unusable for the purposes of the | 19 | | Department and to lease those lands with or without | 20 | | appurtenances for a consideration in money or in kind for a | 21 | | period of time not in excess of 10 5 years for the purposes and | 22 | | upon the terms and conditions that the Director considers to | 23 | | be in the best interests of the State when those lands are not | 24 | | immediately to be used or developed by the State. All those | 25 | | sales shall be made subject to the written approval of the |
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| 1 | | Governor. The funds derived from those sales and from those | 2 | | leases shall be deposited in the State Parks Fund, except that | 3 | | funds derived from those sales and from those leases on lands | 4 | | managed and operated principally as wildlife or fisheries | 5 | | areas by the Department shall be deposited in the Wildlife and | 6 | | Fish Fund. | 7 | | (Source: P.A. 91-239, eff. 1-1-00.) | 8 | | (20 ILCS 805/805-280 new) | 9 | | Sec. 805-280. Leases for the purpose of creating, | 10 | | operating, or maintaining a commercial solar energy system or | 11 | | clean energy project. The Department may lease any land or | 12 | | property over which the Department has jurisdiction for the | 13 | | purpose of creating, operating, or maintaining a commercial | 14 | | solar energy system, as defined in Section 10-720 of the | 15 | | Property Tax Code, or a clean energy project. The lease shall | 16 | | not be for a period longer than 40 years. The lease may be | 17 | | renewed for periods not longer than 40 years per renewal. The | 18 | | Department shall require that any lease must provide for a | 19 | | signed project labor agreement for the length of the lease | 20 | | term. A project labor agreement entered into under this | 21 | | Section shall be entered into with the local building and | 22 | | construction trades council having geographic jurisdiction | 23 | | over the project. If practical, the Department shall require | 24 | | that any land or property over which the Department has | 25 | | jurisdiction that is used for the purpose of creating, |
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| 1 | | operating, or maintaining a commercial solar energy system | 2 | | shall have implemented on it and maintained management | 3 | | practices that would qualify the land or property as a | 4 | | beneficial habitat under the Pollinator-Friendly Solar Site | 5 | | Act. The Department shall require that any lease must include | 6 | | a signed project labor agreement for the length of the lease | 7 | | term. The Department shall prioritize commercial solar energy | 8 | | system sites based on their suitability and economic | 9 | | feasibility for solar use. The Department may also prioritize | 10 | | commercial solar energy system sites with a significant | 11 | | history of disturbance, such as former strip mines or | 12 | | previously developed sites. The Department may consider any | 13 | | land use that is lost from the installation of a commercial | 14 | | solar energy system in making a determination for the | 15 | | suitability of a site. | 16 | | (20 ILCS 805/805-580 new) | 17 | | Sec. 805-580. Electric vehicle charging stations. | 18 | | (a) The Department may provide for at least one electric | 19 | | vehicle charging station, as defined in the Electric Vehicle | 20 | | Act, at any State park or other real property that is owned by | 21 | | the Department where electrical service will reasonably | 22 | | permit. The Department is authorized to charge user fees for | 23 | | the use of such electric vehicle charging stations. | 24 | | (b) The Department may adopt and publish specifications | 25 | | detailing the kind and type of electric vehicle charging |
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| 1 | | stations to be provided and may adopt rules governing the fees | 2 | | for use of electric vehicle charging stations at State parks | 3 | | or other real property that is owned by the Department. | 4 | | Section 15. The State Parks Act is amended by changing | 5 | | Sections 2, 3, 3a, and 4 as follows: | 6 | | (20 ILCS 835/2) (from Ch. 105, par. 466) | 7 | | Sec. 2. It shall be the policy of the State of Illinois to | 8 | | acquire a system of State parks which shall embody the | 9 | | following purposes and objectives: | 10 | | (1) To preserve the most important historic sites and | 11 | | events that which are connected with the peoples who are | 12 | | geographically and culturally affiliated to the land now | 13 | | known as the State of Illinois early pioneer or Indian | 14 | | history , so that their such history of the Indians, | 15 | | explorers, missionaries and settlers may be preserved, not | 16 | | only as a tribute to those peoples that came before us who | 17 | | made possible the building of the State of Illinois and of | 18 | | the Union , but also as a part of the education of present | 19 | | and future Illinois citizens. | 20 | | (2) To set aside as public reservations those | 21 | | locations which have unusual scenic attractions caused by | 22 | | geologic or topographic formations, such as canyons, | 23 | | gorges, caves, dunes, beaches, moraines, palisades, | 24 | | examples of Illinois prairie, and points of scientific |
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| 1 | | interest to botanists and naturalists. These areas should | 2 | | be large in size and whenever practicable shall be not | 3 | | less than 1,000 acres in extent. However, smaller areas | 4 | | may be acquired wherever conditions do not warrant the | 5 | | acquisition of the larger acreage. | 6 | | (3) To preserve large forested areas and marginal | 7 | | lands along the rivers, small water courses, and lakes for | 8 | | a recreation use different from that given by the typical | 9 | | city park, and so that these tracts may remain unchanged | 10 | | by civilization, so far as possible, and be kept for | 11 | | future generations. Such areas also, should be acquired in | 12 | | units of 1,000 acres or more and may be available as fish | 13 | | and game preserves. However, smaller areas may be acquired | 14 | | wherever conditions do not warrant the acquisition of the | 15 | | larger acreage. | 16 | | (4) To connect these parks with each other by a system | 17 | | of scenic parkways with widths varying from 100 to 1,000 | 18 | | feet, as a supplement to and completion of the State | 19 | | highway system. Where the present State highway routes may | 20 | | serve this purpose, their location, alignment and design | 21 | | should be studied with this plan in view. At suitable | 22 | | locations along these highways, pure water supplies and | 23 | | shelters and comfort facilities of attractive design may | 24 | | be installed for the convenience of the public. | 25 | | The Department of Natural Resources is authorized on in | 26 | | behalf of the State of Illinois to accept by donation or |
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| 1 | | bequest, to purchase or acquire by condemnation proceedings in | 2 | | the manner provided for the exercise of the power of eminent | 3 | | domain under the Eminent Domain Act, or by contract for deed | 4 | | payable over a period of time not to exceed 10 years, or in any | 5 | | other legal manner, the title to all such lands, waters or | 6 | | regions, and the easements appurtenant or contributory | 7 | | thereto, which shall be in accord with such policy in respect | 8 | | to a system of State parks, for the purpose of which the | 9 | | General Assembly may make an appropriation. Purchases by | 10 | | contract for deed under this Section shall not exceed | 11 | | $20,000,000 in total purchase price for land under contract at | 12 | | any one given time. | 13 | | (Source: P.A. 94-1055, eff. 1-1-07.) | 14 | | (20 ILCS 835/3) (from Ch. 105, par. 467) | 15 | | Sec. 3. In maintaining the State parks the Department of | 16 | | Natural Resources shall conserve the original character as | 17 | | distinguished from the artificial landscaping of such parks. | 18 | | As used in this Section, "artificial landscaping" does not | 19 | | include any landscaping or other site modification or use | 20 | | resulting from any lease entered into by the Department of | 21 | | Natural Resources for the creation, operation, or maintenance | 22 | | of a commercial solar energy system, as defined in Section | 23 | | 10-720 of the Property Tax Code, or a clean energy project, as | 24 | | defined in the Department of Natural Resources (Conservation) | 25 | | Law of the Civil Administrative Code of Illinois. Instead, |
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| 1 | | these site modifications and uses are hereby deemed to support | 2 | | conservation of the original character of the parks. | 3 | | (Source: P.A. 89-445, eff. 2-7-96.) | 4 | | (20 ILCS 835/3a) (from Ch. 105, par. 467a) | 5 | | Sec. 3a. The Department of Natural Resources shall not | 6 | | dispose of any portion of a State park except as specifically | 7 | | authorized by law. This prohibition shall not restrict the | 8 | | Department from conveyance of easements , leases, and other | 9 | | lesser interests in land. | 10 | | (Source: P.A. 89-445, eff. 2-7-96.) | 11 | | (20 ILCS 835/4) (from Ch. 105, par. 468) | 12 | | Sec. 4. The Department of Natural Resources has the power: | 13 | | (1) To make rules and regulations necessary to carry out | 14 | | its duties under this Act, including rules and regulations for | 15 | | the use, care, improvement, control and administration of | 16 | | lands under its jurisdiction, and to enforce the same. | 17 | | (2) To employ such custodians, keepers, clerks, | 18 | | assistants, laborers and subordinates as may be necessary to | 19 | | carry out the provisions of this Act. | 20 | | (3) To lay out, construct and maintain all needful roads, | 21 | | parking areas, paths or trails, bridges, and docks, camp or | 22 | | lodge sites, picnic areas, beach houses, lodges and cabins and | 23 | | any other structures and improvements necessary and | 24 | | appropriate in any state park or easement thereto; and to |
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| 1 | | provide water supplies, heat and light, and sanitary | 2 | | facilities for the public and living quarters for the | 3 | | custodians and keepers of state parks. | 4 | | (4) To replant any devastated native plant areas of any | 5 | | State park or increase or supplement the same when necessary | 6 | | with plant material indigenous to such park. | 7 | | (5) To cooperate with the United States government and | 8 | | with other states in matters relating to the care, | 9 | | improvement, control and administration of national or | 10 | | interstate parks. | 11 | | (6) To cooperate and contract with any agency, | 12 | | organization or individual in a manner consistent with the | 13 | | purposes of this Act and the powers granted the Department | 14 | | herein. | 15 | | (7) To accept and administer gifts, grants and legacies of | 16 | | money, securities or property to be used by the Department of | 17 | | Natural Resources for the purposes of this Act and according | 18 | | to the tenor of such gift, grant or legacy. | 19 | | (8) To enter into leases that allow for the creation, | 20 | | operation, or maintenance of a commercial solar energy system, | 21 | | as defined in Section 10-720 of the Property Tax Code, or a | 22 | | clean energy project, as defined in the Department of Natural | 23 | | Resources (Conservation) Law of the Civil Administrative Code | 24 | | of Illinois. If practical, the Department shall require that | 25 | | any land or property over which the Department has | 26 | | jurisdiction that is used for the purpose of creating, |
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| 1 | | operating, or maintaining a commercial solar energy system | 2 | | shall have implemented on it and maintained management | 3 | | practices that would qualify the land or property as a | 4 | | beneficial habitat under the Pollinator-Friendly Solar Site | 5 | | Act. The Department shall require that any lease must include | 6 | | a signed project labor agreement for the length of the lease | 7 | | term. A project labor agreement entered into under this | 8 | | Section shall be entered into with the local building and | 9 | | construction trades council having geographic jurisdiction | 10 | | over the project. The Department shall prioritize commercial | 11 | | solar energy system sites based on their suitability and | 12 | | economic feasibility for solar use. The Department shall | 13 | | prioritize commercial solar energy system sites with a | 14 | | significant history of disturbance, such as former strip mines | 15 | | or previously developed sites. In making a determination for | 16 | | the suitability of a site, the Department may consider any | 17 | | land use that is lost from the installation of a commercial | 18 | | solar energy system. | 19 | | (Source: P.A. 89-445, eff. 2-7-96.) | 20 | | Section 20. The Illinois Procurement Code is amended by | 21 | | changing Section 1-10 as follows: | 22 | | (30 ILCS 500/1-10) | 23 | | Sec. 1-10. Application. | 24 | | (a) This Code applies only to procurements for which |
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| 1 | | bidders, offerors, potential contractors, or contractors were | 2 | | first solicited on or after July 1, 1998. This Code shall not | 3 | | be construed to affect or impair any contract, or any | 4 | | provision of a contract, entered into based on a solicitation | 5 | | prior to the implementation date of this Code as described in | 6 | | Article 99, including, but not limited to, any covenant | 7 | | entered into with respect to any revenue bonds or similar | 8 | | instruments. All procurements for which contracts are | 9 | | solicited between the effective date of Articles 50 and 99 and | 10 | | July 1, 1998 shall be substantially in accordance with this | 11 | | Code and its intent. | 12 | | (b) This Code shall apply regardless of the source of the | 13 | | funds with which the contracts are paid, including federal | 14 | | assistance moneys. This Code shall not apply to: | 15 | | (1) Contracts between the State and its political | 16 | | subdivisions or other governments, or between State | 17 | | governmental bodies, except as specifically provided in | 18 | | this Code. | 19 | | (2) Grants, except for the filing requirements of | 20 | | Section 20-80. | 21 | | (3) Purchase of care, except as provided in Section | 22 | | 5-30.6 of the Illinois Public Aid Code and this Section. | 23 | | (4) Hiring of an individual as an employee and not as | 24 | | an independent contractor, whether pursuant to an | 25 | | employment code or policy or by contract directly with | 26 | | that individual. |
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| 1 | | (5) Collective bargaining contracts. | 2 | | (6) Purchase of real estate, except that notice of | 3 | | this type of contract with a value of more than $25,000 | 4 | | must be published in the Procurement Bulletin within 10 | 5 | | calendar days after the deed is recorded in the county of | 6 | | jurisdiction. The notice shall identify the real estate | 7 | | purchased, the names of all parties to the contract, the | 8 | | value of the contract, and the effective date of the | 9 | | contract. | 10 | | (7) Contracts necessary to prepare for anticipated | 11 | | litigation, enforcement actions, or investigations, | 12 | | provided that the chief legal counsel to the Governor | 13 | | shall give his or her prior approval when the procuring | 14 | | agency is one subject to the jurisdiction of the Governor, | 15 | | and provided that the chief legal counsel of any other | 16 | | procuring entity subject to this Code shall give his or | 17 | | her prior approval when the procuring entity is not one | 18 | | subject to the jurisdiction of the Governor. | 19 | | (8) (Blank). | 20 | | (9) Procurement expenditures by the Illinois | 21 | | Conservation Foundation when only private funds are used. | 22 | | (10) (Blank). | 23 | | (11) Public-private agreements entered into according | 24 | | to the procurement requirements of Section 20 of the | 25 | | Public-Private Partnerships for Transportation Act and | 26 | | design-build agreements entered into according to the |
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| 1 | | procurement requirements of Section 25 of the | 2 | | Public-Private Partnerships for Transportation Act. | 3 | | (12) (A) Contracts for legal, financial, and other | 4 | | professional and artistic services entered into by the | 5 | | Illinois Finance Authority in which the State of Illinois | 6 | | is not obligated. Such contracts shall be awarded through | 7 | | a competitive process authorized by the members of the | 8 | | Illinois Finance Authority and are subject to Sections | 9 | | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | 10 | | as well as the final approval by the members of the | 11 | | Illinois Finance Authority of the terms of the contract. | 12 | | (B) Contracts for legal and financial services entered | 13 | | into by the Illinois Housing Development Authority in | 14 | | connection with the issuance of bonds in which the State | 15 | | of Illinois is not obligated. Such contracts shall be | 16 | | awarded through a competitive process authorized by the | 17 | | members of the Illinois Housing Development Authority and | 18 | | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | 19 | | and 50-37 of this Code, as well as the final approval by | 20 | | the members of the Illinois Housing Development Authority | 21 | | of the terms of the contract. | 22 | | (13) Contracts for services, commodities, and | 23 | | equipment to support the delivery of timely forensic | 24 | | science services in consultation with and subject to the | 25 | | approval of the Chief Procurement Officer as provided in | 26 | | subsection (d) of Section 5-4-3a of the Unified Code of |
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| 1 | | Corrections, except for the requirements of Sections | 2 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | 3 | | Code; however, the Chief Procurement Officer may, in | 4 | | writing with justification, waive any certification | 5 | | required under Article 50 of this Code. For any contracts | 6 | | for services which are currently provided by members of a | 7 | | collective bargaining agreement, the applicable terms of | 8 | | the collective bargaining agreement concerning | 9 | | subcontracting shall be followed. | 10 | | On and after January 1, 2019, this paragraph (13), | 11 | | except for this sentence, is inoperative. | 12 | | (14) Contracts for participation expenditures required | 13 | | by a domestic or international trade show or exhibition of | 14 | | an exhibitor, member, or sponsor. | 15 | | (15) Contracts with a railroad or utility that | 16 | | requires the State to reimburse the railroad or utilities | 17 | | for the relocation of utilities for construction or other | 18 | | public purpose. Contracts included within this paragraph | 19 | | (15) shall include, but not be limited to, those | 20 | | associated with: relocations, crossings, installations, | 21 | | and maintenance. For the purposes of this paragraph (15), | 22 | | "railroad" means any form of non-highway ground | 23 | | transportation that runs on rails or electromagnetic | 24 | | guideways and "utility" means: (1) public utilities as | 25 | | defined in Section 3-105 of the Public Utilities Act, (2) | 26 | | telecommunications carriers as defined in Section 13-202 |
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| 1 | | of the Public Utilities Act, (3) electric cooperatives as | 2 | | defined in Section 3.4 of the Electric Supplier Act, (4) | 3 | | telephone or telecommunications cooperatives as defined in | 4 | | Section 13-212 of the Public Utilities Act, (5) rural | 5 | | water or waste water systems with 10,000 connections or | 6 | | less, (6) a holder as defined in Section 21-201 of the | 7 | | Public Utilities Act, and (7) municipalities owning or | 8 | | operating utility systems consisting of public utilities | 9 | | as that term is defined in Section 11-117-2 of the | 10 | | Illinois Municipal Code. | 11 | | (16) Procurement expenditures necessary for the | 12 | | Department of Public Health to provide the delivery of | 13 | | timely newborn screening services in accordance with the | 14 | | Newborn Metabolic Screening Act. | 15 | | (17) Procurement expenditures necessary for the | 16 | | Department of Agriculture, the Department of Financial and | 17 | | Professional Regulation, the Department of Human Services, | 18 | | and the Department of Public Health to implement the | 19 | | Compassionate Use of Medical Cannabis Program and Opioid | 20 | | Alternative Pilot Program requirements and ensure access | 21 | | to medical cannabis for patients with debilitating medical | 22 | | conditions in accordance with the Compassionate Use of | 23 | | Medical Cannabis Program Act. | 24 | | (18) This Code does not apply to any procurements | 25 | | necessary for the Department of Agriculture, the | 26 | | Department of Financial and Professional Regulation, the |
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| 1 | | Department of Human Services, the Department of Commerce | 2 | | and Economic Opportunity, and the Department of Public | 3 | | Health to implement the Cannabis Regulation and Tax Act if | 4 | | the applicable agency has made a good faith determination | 5 | | that it is necessary and appropriate for the expenditure | 6 | | to fall within this exemption and if the process is | 7 | | conducted in a manner substantially in accordance with the | 8 | | requirements of Sections 20-160, 25-60, 30-22, 50-5, | 9 | | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | 10 | | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | 11 | | Section 50-35, compliance applies only to contracts or | 12 | | subcontracts over $100,000. Notice of each contract | 13 | | entered into under this paragraph (18) that is related to | 14 | | the procurement of goods and services identified in | 15 | | paragraph (1) through (9) of this subsection shall be | 16 | | published in the Procurement Bulletin within 14 calendar | 17 | | days after contract execution. The Chief Procurement | 18 | | Officer shall prescribe the form and content of the | 19 | | notice. Each agency shall provide the Chief Procurement | 20 | | Officer, on a monthly basis, in the form and content | 21 | | prescribed by the Chief Procurement Officer, a report of | 22 | | contracts that are related to the procurement of goods and | 23 | | services identified in this subsection. At a minimum, this | 24 | | report shall include the name of the contractor, a | 25 | | description of the supply or service provided, the total | 26 | | amount of the contract, the term of the contract, and the |
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| 1 | | exception to this Code utilized. A copy of any or all of | 2 | | these contracts shall be made available to the Chief | 3 | | Procurement Officer immediately upon request. The Chief | 4 | | Procurement Officer shall submit a report to the Governor | 5 | | and General Assembly no later than November 1 of each year | 6 | | that includes, at a minimum, an annual summary of the | 7 | | monthly information reported to the Chief Procurement | 8 | | Officer. This exemption becomes inoperative 5 years after | 9 | | June 25, 2019 (the effective date of Public Act 101-27). | 10 | | (19) Acquisition of modifications or adjustments, | 11 | | limited to assistive technology devices and assistive | 12 | | technology services, adaptive equipment, repairs, and | 13 | | replacement parts to provide reasonable accommodations (i) | 14 | | that enable a qualified applicant with a disability to | 15 | | complete the job application process and be considered for | 16 | | the position such qualified applicant desires, (ii) that | 17 | | modify or adjust the work environment to enable a | 18 | | qualified current employee with a disability to perform | 19 | | the essential functions of the position held by that | 20 | | employee, (iii) to enable a qualified current employee | 21 | | with a disability to enjoy equal benefits and privileges | 22 | | of employment as are enjoyed by other similarly situated | 23 | | employees without disabilities, and (iv) that allow a | 24 | | customer, client, claimant, or member of the public | 25 | | seeking State services full use and enjoyment of and | 26 | | access to its programs, services, or benefits. |
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| 1 | | For purposes of this paragraph (19): | 2 | | "Assistive technology devices" means any item, piece | 3 | | of equipment, or product system, whether acquired | 4 | | commercially off the shelf, modified, or customized, that | 5 | | is used to increase, maintain, or improve functional | 6 | | capabilities of individuals with disabilities. | 7 | | "Assistive technology services" means any service that | 8 | | directly assists an individual with a disability in | 9 | | selection, acquisition, or use of an assistive technology | 10 | | device. | 11 | | "Qualified" has the same meaning and use as provided | 12 | | under the federal Americans with Disabilities Act when | 13 | | describing an individual with a disability. | 14 | | (20) Procurement expenditures necessary for the | 15 | | Illinois Commerce Commission to hire third-party | 16 | | facilitators pursuant to Sections 16-105.17 and 16-108.18 | 17 | | of the Public Utilities Act or an ombudsman pursuant to | 18 | | Section 16-107.5 of the Public Utilities Act, a | 19 | | facilitator pursuant to Section 16-105.17 of the Public | 20 | | Utilities Act, or a grid auditor pursuant to Section | 21 | | 16-105.10 of the Public Utilities Act. | 22 | | (21) Procurement expenditures for the purchase, | 23 | | renewal, and expansion of software, software licenses, or | 24 | | software maintenance agreements that support the efforts | 25 | | of the Illinois State Police to enforce, regulate, and | 26 | | administer the Firearm Owners Identification Card Act, the |
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| 1 | | Firearm Concealed Carry Act, the Firearms Restraining | 2 | | Order Act, the Firearm Dealer License Certification Act, | 3 | | the Law Enforcement Agencies Data System (LEADS), the | 4 | | Uniform Crime Reporting Act, the Criminal Identification | 5 | | Act, the Illinois Uniform Conviction Information Act, and | 6 | | the Gun Trafficking Information Act, or establish or | 7 | | maintain record management systems necessary to conduct | 8 | | human trafficking investigations or gun trafficking or | 9 | | other stolen firearm investigations. This paragraph (21) | 10 | | applies to contracts entered into on or after January 10, | 11 | | 2023 (the effective date of Public Act 102-1116) and the | 12 | | renewal of contracts that are in effect on January 10, | 13 | | 2023 (the effective date of Public Act 102-1116). | 14 | | (22) Contracts for project management services and | 15 | | system integration services required for the completion of | 16 | | the State's enterprise resource planning project. This | 17 | | exemption becomes inoperative 5 years after June 7, 2023 | 18 | | (the effective date of the changes made to this Section by | 19 | | Public Act 103-8). This paragraph (22) applies to | 20 | | contracts entered into on or after June 7, 2023 (the | 21 | | effective date of the changes made to this Section by | 22 | | Public Act 103-8) and the renewal of contracts that are in | 23 | | effect on June 7, 2023 (the effective date of the changes | 24 | | made to this Section by Public Act 103-8). | 25 | | (23) Procurements necessary for the Department of | 26 | | Insurance to implement the Illinois Health Benefits |
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| 1 | | Exchange Law if the Department of Insurance has made a | 2 | | good faith determination that it is necessary and | 3 | | appropriate for the expenditure to fall within this | 4 | | exemption. The procurement process shall be conducted in a | 5 | | manner substantially in accordance with the requirements | 6 | | of Sections 20-160 and 25-60 and Article 50 of this Code. A | 7 | | copy of these contracts shall be made available to the | 8 | | Chief Procurement Officer immediately upon request. This | 9 | | paragraph is inoperative 5 years after June 27, 2023 (the | 10 | | effective date of Public Act 103-103). | 11 | | (24) (22) Contracts for public education programming, | 12 | | noncommercial sustaining announcements, public service | 13 | | announcements, and public awareness and education | 14 | | messaging with the nonprofit trade associations of the | 15 | | providers of those services that inform the public on | 16 | | immediate and ongoing health and safety risks and hazards. | 17 | | (25) Expenditures for the Department of Natural | 18 | | Resources to achieve and maintain compliance with the Law | 19 | | Enforcement Officer-Worn Body Camera Act and involving | 20 | | body cameras, information technology, or contractual | 21 | | services relevant to the collection of evidence that is to | 22 | | be used in administrative, judicial, legislative, or | 23 | | disciplinary proceedings and that must be maintained in a | 24 | | secure and confidential manner to protect its integrity. | 25 | | This paragraph (25) applies to contracts entered into on | 26 | | or after the effective date of this amendatory Act of the |
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| 1 | | 103rd General Assembly and the renewal of contracts that | 2 | | are in effect on the effective date of this amendatory Act | 3 | | of the 103rd General Assembly regarding all purchases by | 4 | | the Department of Natural Resources related to the Law | 5 | | Enforcement Officer-Worn Body Camera Act. | 6 | | (26) Expenditures for the purchase, renewal, and | 7 | | expansion of technology, software, software licenses, or | 8 | | software maintenance agreements that support the efforts | 9 | | of the Department of Natural Resources, Office of Law | 10 | | Enforcement, for administrative purposes and to enforce | 11 | | and regulate all criminal statutes, including, but not | 12 | | limited to, the Boat Registration and Safety Act, the Fish | 13 | | and Aquatic Life Code, the Wildlife Code, the Snowmobile | 14 | | Registration and Safety Act, and the Timber Buyers | 15 | | Licensing Act and all applicable administrative rules, and | 16 | | to establish or maintain record management systems | 17 | | necessary to ensure that law enforcement records are | 18 | | created, managed, retained, and disposed of in a manner | 19 | | that supports all laws and the operational needs the | 20 | | Office of Law Enforcement while also protecting the rights | 21 | | and interests of individuals and the public. | 22 | | (27) Expenditures necessary to provide for the | 23 | | purchase, site preparation, installation, maintenance, and | 24 | | repair of a clean energy project, including, but not | 25 | | limited to, solar energy projects, renewable energy | 26 | | projects, and electrification of facility infrastructure, |
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| 1 | | and electric vehicle charging stations, as defined in the | 2 | | Electric Vehicle Act. Such expenditures may include, but | 3 | | are not limited to, erection and maintenance of electric | 4 | | vehicle charging stations, wireless network | 5 | | infrastructure, water infrastructure, solar projects, and | 6 | | other projects that decrease the energy footprint of the | 7 | | State of Illinois. This paragraph (27) applies to | 8 | | contracts entered into, on or after the effective date of | 9 | | this amendatory Act of the 103rd General Assembly and the | 10 | | renewal of contracts that are in effect on the effective | 11 | | date of this amendatory Act of the 103rd General Assembly | 12 | | regarding all purchases by the Department of Natural | 13 | | Resources related to the erection and maintenance of clean | 14 | | energy projects. Contracts, excluding contracts for | 15 | | equipment purchases, entered into under this Section shall | 16 | | comply with the Project Labor Agreements Act, except that | 17 | | a project labor agreement entered into under this Section | 18 | | shall be entered into with the local building and | 19 | | construction trades council having geographic jurisdiction | 20 | | over the project. Contracts entered into under this | 21 | | Section shall comply with the Business Enterprise for | 22 | | Minorities, Women, and Persons with Disabilities Act. This | 23 | | paragraph (27) becomes inapplicable 5 years after the | 24 | | effective date of this amendatory Act of the 103rd General | 25 | | Assembly. | 26 | | As used in this paragraph (27 | | | ), "clean energy project" |
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| 1 | | has the meaning given in the Department of Natural | 2 | | Resources (Conservation) Law of the Civil Administrative | 3 | | Code of Illinois. | 4 | | Notwithstanding any other provision of law, for contracts | 5 | | with an annual value of more than $100,000 entered into on or | 6 | | after October 1, 2017 under an exemption provided in any | 7 | | paragraph of this subsection (b), except paragraph (1), (2), | 8 | | or (5), each State agency shall post to the appropriate | 9 | | procurement bulletin the name of the contractor, a description | 10 | | of the supply or service provided, the total amount of the | 11 | | contract, the term of the contract, and the exception to the | 12 | | Code utilized. The chief procurement officer shall submit a | 13 | | report to the Governor and General Assembly no later than | 14 | | November 1 of each year that shall include, at a minimum, an | 15 | | annual summary of the monthly information reported to the | 16 | | chief procurement officer. | 17 | | (c) This Code does not apply to the electric power | 18 | | procurement process provided for under Section 1-75 of the | 19 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 20 | | Utilities Act. This Code does not apply to the procurement of | 21 | | technical and policy experts pursuant to Section 1-129 of the | 22 | | Illinois Power Agency Act. | 23 | | (d) Except for Section 20-160 and Article 50 of this Code, | 24 | | and as expressly required by Section 9.1 of the Illinois | 25 | | Lottery Law, the provisions of this Code do not apply to the | 26 | | procurement process provided for under Section 9.1 of the |
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| 1 | | Illinois Lottery Law. | 2 | | (e) This Code does not apply to the process used by the | 3 | | Capital Development Board to retain a person or entity to | 4 | | assist the Capital Development Board with its duties related | 5 | | to the determination of costs of a clean coal SNG brownfield | 6 | | facility, as defined by Section 1-10 of the Illinois Power | 7 | | Agency Act, as required in subsection (h-3) of Section 9-220 | 8 | | of the Public Utilities Act, including calculating the range | 9 | | of capital costs, the range of operating and maintenance | 10 | | costs, or the sequestration costs or monitoring the | 11 | | construction of clean coal SNG brownfield facility for the | 12 | | full duration of construction. | 13 | | (f) (Blank). | 14 | | (g) (Blank). | 15 | | (h) This Code does not apply to the process to procure or | 16 | | contracts entered into in accordance with Sections 11-5.2 and | 17 | | 11-5.3 of the Illinois Public Aid Code. | 18 | | (i) Each chief procurement officer may access records | 19 | | necessary to review whether a contract, purchase, or other | 20 | | expenditure is or is not subject to the provisions of this | 21 | | Code, unless such records would be subject to attorney-client | 22 | | privilege. | 23 | | (j) This Code does not apply to the process used by the | 24 | | Capital Development Board to retain an artist or work or works | 25 | | of art as required in Section 14 of the Capital Development | 26 | | Board Act. |
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| 1 | | (k) This Code does not apply to the process to procure | 2 | | contracts, or contracts entered into, by the State Board of | 3 | | Elections or the State Electoral Board for hearing officers | 4 | | appointed pursuant to the Election Code. | 5 | | (l) This Code does not apply to the processes used by the | 6 | | Illinois Student Assistance Commission to procure supplies and | 7 | | services paid for from the private funds of the Illinois | 8 | | Prepaid Tuition Fund. As used in this subsection (l), "private | 9 | | funds" means funds derived from deposits paid into the | 10 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | 11 | | (m) This Code shall apply regardless of the source of | 12 | | funds with which contracts are paid, including federal | 13 | | assistance moneys. Except as specifically provided in this | 14 | | Code, this Code shall not apply to procurement expenditures | 15 | | necessary for the Department of Public Health to conduct the | 16 | | Healthy Illinois Survey in accordance with Section 2310-431 of | 17 | | the Department of Public Health Powers and Duties Law of the | 18 | | Civil Administrative Code of Illinois. | 19 | | (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; | 20 | | 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. | 21 | | 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; | 22 | | 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. | 23 | | 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised | 24 | | 1-2-24.)". |
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