Full Text of HB3149 102nd General Assembly
HB3149 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3149 Introduced 2/19/2021, by Rep. Joyce Mason SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/3-14.20 | from Ch. 122, par. 3-14.20 | 105 ILCS 5/19b-1.1 | from Ch. 122, par. 19b-1.1 | 105 ILCS 5/19b-1.2 | from Ch. 122, par. 19b-1.2 | 105 ILCS 5/19b-1.3 | from Ch. 122, par. 19b-1.3 | 105 ILCS 5/19b-1.4 | from Ch. 122, par. 19b-1.4 | 105 ILCS 5/19b-1.5 new | | 105 ILCS 5/19b-2 | from Ch. 122, par. 19b-2 | 105 ILCS 5/19b-2.1 new | | 105 ILCS 5/19b-3 | from Ch. 122, par. 19b-3 | 105 ILCS 5/19b-4 | from Ch. 122, par. 19b-4 | 105 ILCS 5/19b-5 | from Ch. 122, par. 19b-5 | 105 ILCS 5/19b-7 | from Ch. 122, par. 19b-7 | 105 ILCS 5/19b-8 | from Ch. 122, par. 19b-8 | 105 ILCS 5/19b-90 new | | 105 ILCS 5/19b-95 new | |
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Amends the School Code. Provides that a duty of the regional superintendent of schools is to inspect the energy conservation measures of schools under the Code. In the Article concerning school energy conservation and savings measures, makes changes concerning definitions, the evaluation and submission of guaranteed energy savings contract proposals, performance reviews, the award of a contract, the written guarantee, installment payment contracts and lease purchase agreements, cost savings, and available funds. Prohibits guaranteed energy savings contracts from being entered into on or after January 1, 2022. Repeals the Article 20 years after the effective date of the amendatory Act.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 3-14.20, 19b-1.1, 19b-1.2, 19b-1.3, 19b-1.4, 19b-2, 19b-3, | 6 | | 19b-4, 19b-5, 19b-7, and 19b-8 and by adding Sections 19b-1.5, | 7 | | 19b-2.1, 19b-90, and 19b-95 as follows:
| 8 | | (105 ILCS 5/3-14.20)
(from Ch. 122, par. 3-14.20)
| 9 | | Sec. 3-14.20. Building plans and specifications. To | 10 | | inspect the building
plans and specifications, including but | 11 | | not limited to plans and specifications
for the heating, | 12 | | ventilating, lighting, seating, water supply, toilets , energy | 13 | | conservation measures, and
safety against fire of public | 14 | | school rooms and buildings submitted to the regional | 15 | | superintendent of schools him by
school boards, and to approve | 16 | | all those which comply substantially with the
building code | 17 | | authorized in Section 2-3.12.
| 18 | | If a municipality or,
in the
case of an unincorporated | 19 | | area, a county or, if applicable, a fire
protection district | 20 | | wishes to be notified of plans and specifications received
by | 21 | | a regional office of education for any future
construction or | 22 | | alteration of a public school facility located within that
| 23 | | entity's
jurisdiction, then the entity must register this wish |
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| 1 | | with the regional
superintendent of schools. Within 10 days | 2 | | after the regional superintendent of
schools receives the
| 3 | | plans and specifications from a school board and prior to the | 4 | | bidding process,
he or she shall notify, in writing, the | 5 | | registered municipality and, if
applicable, the
registered | 6 | | fire protection district where the school that is being
| 7 | | constructed or altered lies that plans
and
specifications have | 8 | | been received. In the case of an unincorporated area, the
| 9 | | registered county
shall be notified. If the municipality, fire | 10 | | protection district, or county
requests a review of
the plans | 11 | | and specifications, then the school board shall submit a copy | 12 | | of the
plans and
specifications. The municipality and, if | 13 | | applicable, the fire protection
district or the county
may | 14 | | comment in writing on the plans and specifications based on | 15 | | the building
code
authorized in Section 2-3.12, referencing | 16 | | the specific code where a discrepancy
has been
identified, and | 17 | | respond back to the regional superintendent of schools within
| 18 | | 15 days
after a copy of the plans and specifications have been | 19 | | received or, if needed
for plan review, such additional time
| 20 | | as agreed to by the regional superintendent of
schools. This | 21 | | review must be at no cost to the school district.
| 22 | | If
such plans and
specifications
are not approved or | 23 | | denied approval by the regional superintendent of schools
| 24 | | within 3 months after the date on which they are submitted to | 25 | | him or her, the
school board may submit such plans and | 26 | | specifications directly to the State
Superintendent of |
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| 1 | | Education for approval or denial.
| 2 | | (Source: P.A. 94-225, eff. 7-14-05.)
| 3 | | (105 ILCS 5/19b-1.1) (from Ch. 122, par. 19b-1.1)
| 4 | | Sec. 19b-1.1. Energy conservation measure. "Energy | 5 | | conservation
measure" means any improvement, repair, | 6 | | alteration, or betterment of any
building or facility owned or | 7 | | operated by a school district or area
vocational center or any
| 8 | | equipment, fixture, or furnishing to be added to or used in any
| 9 | | such building or facility, according to plans and | 10 | | specifications designed and approved subject to the building | 11 | | code authorized in Section 2-3.12 of this Code,
that is | 12 | | proposed designed to reduce
energy consumption or operating | 13 | | costs, and may include, without limitation,
one or more of the | 14 | | following:
| 15 | | (1) Insulation of the building structure or systems | 16 | | within the building.
| 17 | | (2) Storm windows or doors, caulking or | 18 | | weatherstripping, multiglazed
windows or doors, heat | 19 | | absorbing or heat reflective glazed and coated
window or | 20 | | door systems, additional glazing, reductions in glass | 21 | | area, or
other window and door system modifications that | 22 | | reduce energy consumption.
| 23 | | (3) Automated or computerized energy control systems.
| 24 | | (4) Heating, ventilating, or air conditioning system | 25 | | modifications or replacements.
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| 1 | | (5) Replacement or modification of lighting fixtures | 2 | | to increase the
energy efficiency of the lighting system | 3 | | without increasing the overall
illumination of a facility, | 4 | | unless an increase in illumination is necessary
to conform | 5 | | to the applicable State or local building code for the | 6 | | lighting
system after the proposed modifications are made.
| 7 | | (6) Energy recovery systems.
| 8 | | (7) (Blank) Energy conservation measures that provide | 9 | | long-term operating cost
reductions .
| 10 | | "Energy conservation measure" does not include new | 11 | | construction or building additions beyond the square footage | 12 | | and footprint of the existing buildings or structures | 13 | | currently in existence, except areas required for the sole use | 14 | | of mechanical and electrical upgrades. "Energy conservation | 15 | | measure" does not include new or additional spaces, such as | 16 | | classrooms, gymnasiums, or administrative and common areas. | 17 | | New construction or additions shall be designed and | 18 | | constructed in accordance with the applicable energy | 19 | | conservation laws and codes and may not be included in the | 20 | | calculations of any energy savings with respect to any | 21 | | guaranteed energy savings contract. | 22 | | (Source: P.A. 95-612, eff. 9-11-07.)
| 23 | | (105 ILCS 5/19b-1.2) (from Ch. 122, par. 19b-1.2)
| 24 | | Sec. 19b-1.2. Guaranteed energy savings contract. | 25 | | "Guaranteed energy
savings contract" means a contract for: (i) |
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| 1 | | the implementation of an
energy audit, data collection, and | 2 | | other related analyses preliminary to
the undertaking of | 3 | | energy conservation measures; (ii) the evaluation and
| 4 | | recommendation of
energy conservation measures; (iii) the | 5 | | implementation of one or more
energy conservation measures; | 6 | | and (iv) the implementation of project
monitoring and data | 7 | | collection to verify post-installation energy
consumption and | 8 | | energy-related operating costs. The contract shall provide
| 9 | | that all payments, except
obligations on termination of the | 10 | | contract before its expiration, are to be
made over time and | 11 | | that the savings are guaranteed to the extent necessary
to pay | 12 | | the costs of
the energy conservation measures. Energy saving | 13 | | may include energy reduction and offsetting sources of | 14 | | renewable energy funds including renewable energy credits and | 15 | | carbon credits.
| 16 | | (Source: P.A. 96-1197, eff. 7-22-10.)
| 17 | | (105 ILCS 5/19b-1.3) (from Ch. 122, par. 19b-1.3)
| 18 | | Sec. 19b-1.3. Qualified provider. "Qualified provider" | 19 | | means a person
or business whose employees are experienced and | 20 | | trained in the design,
implementation, or installation of
| 21 | | energy conservation measures. The minimum training required | 22 | | for any person
or employee under this Section shall be the | 23 | | satisfactory completion of at
least 40 hours of course | 24 | | instruction dealing with energy conservation
measures , and the | 25 | | person or business may not engage in the practice of |
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| 1 | | architecture, engineering, or structural engineering unless | 2 | | the person is licensed or the business is registered in | 3 | | accordance with the Illinois Architecture Practice Act of | 4 | | 1989, the Professional Engineering Practice Act of 1989, or | 5 | | the Structural Engineering Practice Act of 1989 and the rules | 6 | | adopted pursuant to those Acts. A person or business may not | 7 | | engage in the practice of plumbing unless the person is | 8 | | licensed in accordance with the Illinois Plumbing License Law . | 9 | | A qualified provider to whom the contract is
awarded shall | 10 | | give a sufficient bond to the school district or area
| 11 | | vocational center for its
faithful performance.
| 12 | | (Source: P.A. 92-767, eff. 8-6-02.)
| 13 | | (105 ILCS 5/19b-1.4) (from Ch. 122, par. 19b-1.4)
| 14 | | Sec. 19b-1.4. Request for proposals. "Request for | 15 | | proposals" means a
competitive selection achieved by
| 16 | | negotiated procurement. The request for proposals shall be | 17 | | submitted to the administrators of the Capital Development | 18 | | Board Procurement Bulletin for publication and
through at | 19 | | least one public notice, at least 30 days before the request
| 20 | | date in a newspaper published in the district or vocational | 21 | | center area, or
if no newspaper is
published in the district or | 22 | | vocational center area, in a newspaper of
general
circulation | 23 | | in the
area of the district or vocational center, from a school | 24 | | district or area
vocational center that will administer the
| 25 | | program, requesting innovative solutions and proposals for |
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| 1 | | energy
conservation measures. Proposals submitted shall be | 2 | | sealed. The request
for proposals shall include all of the | 3 | | following:
| 4 | | (1) The name and address of the school district or | 5 | | area vocation
center.
| 6 | | (2) The name, address, title, and phone number of a | 7 | | contact person.
| 8 | | (3) Notice indicating that the school district or area | 9 | | vocational
center is requesting qualified
providers to | 10 | | propose energy conservation measures through a guaranteed
| 11 | | energy savings contract.
| 12 | | (4) The date, time, and place where proposals must be | 13 | | received.
| 14 | | (5) The evaluation criteria for assessing the | 15 | | proposals.
| 16 | | (6) Any other stipulations and clarifications the | 17 | | school district or
area vocational center may require.
| 18 | | (Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
| 19 | | (105 ILCS 5/19b-1.5 new) | 20 | | Sec. 19b-1.5. Energy operating cost. "Energy operating | 21 | | cost" means any expenditure paid by a school district or area | 22 | | vocational center to a third party for the furnishing of heat, | 23 | | cold, power, electricity, water, or light to any building or | 24 | | facility owned or operated by a school district or area | 25 | | vocational center. "Energy operating cost" shall be directly |
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| 1 | | related to the energy consumption of a structure. "Energy | 2 | | operating cost" does not include calculations related to | 3 | | general maintenance and custodial costs, including, but not | 4 | | limited to, window cleaning, floor waxing, carpet vacuuming | 5 | | and cleaning, mowing of lawns, trash removal, playground | 6 | | maintenance, and similar indirect costs.
| 7 | | (105 ILCS 5/19b-2) (from Ch. 122, par. 19b-2)
| 8 | | Sec. 19b-2. Evaluation of proposal ; performance review . | 9 | | Before entering into a guaranteed
energy savings contract | 10 | | under Section 19b-3, a school district or area
vocational | 11 | | center shall submit
a request for proposals. The school | 12 | | district or area vocational center
shall evaluate any sealed
| 13 | | proposal from a qualified provider. The evaluation shall | 14 | | analyze the estimates
of all costs of installations, | 15 | | modifications or remodeling, including, without
limitation, | 16 | | costs of a pre-installation energy audit or analysis, design,
| 17 | | engineering, installation, maintenance, repairs, debt
service, | 18 | | conversions to a different energy or fuel source, or
| 19 | | post-installation project monitoring, data collection, and | 20 | | reporting. The
evaluation shall include a detailed analysis of | 21 | | whether either the energy
consumed or the energy operating | 22 | | costs , or both, will be reduced and shall be submitted to the | 23 | | administrators of the Capital Development Board Procurement | 24 | | Bulletin for publication . If technical
assistance is not | 25 | | available by the a licensed architect of record or registered
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| 1 | | professional engineer of record for on the school district or | 2 | | area vocational center
staff , then the evaluation of
the | 3 | | proposal shall be done by a registered professional engineer | 4 | | or
architect, who is retained by the school district or area | 5 | | vocational
center. A licensed architect or registered | 6 | | professional engineer evaluating a proposal or reviewing | 7 | | contract performance under this Section must not have any | 8 | | financial or contractual relationship with a qualified | 9 | | provider or other source that would constitute a conflict of | 10 | | interest. The school district or area vocational center may
| 11 | | pay a reasonable fee for evaluation of the proposal or the | 12 | | review of contract performance or include the fee as
part of | 13 | | the payments made under Section 19b-4.
| 14 | | Performance reviews shall be conducted at least once every | 15 | | 4 years at the discretion of the school district or area | 16 | | vocational center to verify the outcomes of the guaranteed | 17 | | energy savings contract and shall include any improvement, | 18 | | repair, alteration, or betterment of any building or facility | 19 | | owned or operated by a school district or area vocational | 20 | | center or any equipment, fixture, or furnishing added to or | 21 | | used in any such building or facility. A performance review | 22 | | shall be performed during a health and life safety survey | 23 | | under Section 2-3.12 of this Code. | 24 | | (Source: P.A. 95-612, eff. 9-11-07.)
| 25 | | (105 ILCS 5/19b-2.1 new) |
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| 1 | | Sec. 19b-2.1. Submission of proposals. Proposals must be | 2 | | properly identified and sealed. Proposals may not be reviewed | 3 | | until after the deadline for submission has passed as set | 4 | | forth in the request for proposals. All qualified providers | 5 | | submitting proposals shall be disclosed after the deadline for | 6 | | submission but not before. Proposals shall identify the names | 7 | | of all parties to the proposed contract, including those that | 8 | | may be subcontracted during the performance of the contract. | 9 | | Proposals must meet all material requirements of the request | 10 | | for proposals, or they may be rejected as non-responsive. | 11 | | Proposals may be withdrawn prior to evaluation for any cause. | 12 | | No person or business who contracts with a local government to | 13 | | write specifications or otherwise provides specifications or | 14 | | assessments for a procurement need under this Section shall | 15 | | submit a bid or proposal or receive a contract for that | 16 | | procurement need. The specifications or assessments may be | 17 | | provided at no cost by a vendor or may be provided by the local | 18 | | government itself. All projects procured under this Section | 19 | | shall comply with Section 2-3.12 of this Code, if applicable, | 20 | | and are subject to review by the State Board of Education.
| 21 | | (105 ILCS 5/19b-3) (from Ch. 122, par. 19b-3)
| 22 | | Sec. 19b-3. Award of guaranteed energy savings contract. | 23 | | Sealed
proposals must be opened by a member or employee of the | 24 | | school board or
governing board of the area vocational center, | 25 | | whichever is applicable, at a
public opening at which the |
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| 1 | | contents of the proposals must be announced.
Each person or | 2 | | entity submitting a sealed proposal must receive at least 13
| 3 | | days notice of the time and place of the opening. The school
| 4 | | district or area vocational center shall select the qualified | 5 | | provider that
best meets the needs of
the district or area | 6 | | vocational center. The school district or area
vocational | 7 | | center shall provide public notice of the
meeting at which it | 8 | | proposes to award a guaranteed energy savings contract
of the | 9 | | names of the parties to the proposed contract and of the | 10 | | purpose of
the contract. The public notice shall be made at | 11 | | least 10 days prior to
the meeting. After evaluating the | 12 | | proposals under Section 19b-2, a school
district or area | 13 | | vocational center may enter into a guaranteed energy
savings | 14 | | contract with a
qualified provider if it finds that the amount | 15 | | it would spend on the energy
conservation measures recommended | 16 | | in the proposal would not exceed the
amount to be saved in | 17 | | either energy operating or operational costs , or both, within | 18 | | an 8-year a
20-year period from the date of installation, if | 19 | | the
recommendations in
the proposal are followed. Contracts | 20 | | let or awarded must be submitted to the administrators of the | 21 | | Capital Development Board Procurement Bulletin for | 22 | | publication. The final contract and any subsequent | 23 | | modifications and successful
proposals, evaluations, and | 24 | | performance reviews shall be
considered public records subject | 25 | | to inspection and copying by
the public. All subsequent | 26 | | modifications that increase the guaranteed energy savings |
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| 1 | | contract length or scope of work are subject to a new request | 2 | | for proposals pursuant to this Article.
| 3 | | (Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
| 4 | | (105 ILCS 5/19b-4) (from Ch. 122, par. 19b-4)
| 5 | | Sec. 19b-4. Guarantee. The guaranteed energy savings | 6 | | contract shall
include a written guarantee of the qualified | 7 | | provider that either the
energy operating or operational cost | 8 | | savings , or both, will meet or exceed within 8 20
years the | 9 | | costs of the energy conservation measures. The qualified | 10 | | provider
shall reimburse the school district or area | 11 | | vocational center within 90 days for any
shortfall of | 12 | | guaranteed energy
savings projected in the contract. A | 13 | | qualified provider shall provide a
sufficient bond to the | 14 | | school district or area vocational center for the
installation | 15 | | and the
faithful performance of all the measures included in | 16 | | the contract. The
guaranteed energy savings contract may | 17 | | provide for payments over a period
of time, not to exceed 8 20 | 18 | | years from the date of final installation
of the
measures.
| 19 | | (Source: P.A. 92-767, eff. 8-6-02.)
| 20 | | (105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)
| 21 | | Sec. 19b-5. Installment payment contract; lease purchase | 22 | | agreement. A school district or
school districts in | 23 | | combination or an area vocational center may enter into
an
| 24 | | installment payment contract or lease purchase agreement with |
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| 1 | | a qualified
provider or with a third party, as authorized by | 2 | | law, for the funding or financing of the purchase and | 3 | | installation of energy conservation measures by a qualified | 4 | | provider.
Every school district or area vocational center may | 5 | | issue certificates
evidencing the indebtedness
incurred | 6 | | pursuant to the contracts or agreements. Any such contract or
| 7 | | agreement shall be valid whether or not an appropriation with | 8 | | respect
thereto is first included in any annual or | 9 | | supplemental budget adopted by
the school district or area | 10 | | vocational center. Each contract or agreement
entered
into by | 11 | | a school district or area vocational center pursuant to this
| 12 | | Section shall be authorized by
official action of the school | 13 | | board or governing board of the area vocational
center, | 14 | | whichever is applicable. The authority granted in this Section | 15 | | is in addition to any other authority granted by law. | 16 | | If an energy audit is performed by an energy services | 17 | | contractor for a school district within the 3 years | 18 | | immediately preceding the solicitation, then the school | 19 | | district must publish as a reference document in the | 20 | | solicitation for energy conservation measures the following:
| 21 | | (1) an executive summary of the energy audit provided | 22 | | that the school district may exclude any proprietary or | 23 | | trademarked information or practices; or | 24 | | (2) the energy audit provided that the school district | 25 | | may redact any proprietary or trademarked information or | 26 | | practices. |
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| 1 | | For purposes of this Section, proprietary information or | 2 | | practices does not include overhead or profit calculations or | 3 | | allowances. | 4 | | A school district may not withhold the disclosure of | 5 | | information related to (i) the school district's consumption | 6 | | of energy or energy operating costs , (ii) the physical | 7 | | condition of the school district's facilities, and (iii) any | 8 | | limitations prescribed by the school district. | 9 | | The solicitation must include a written disclosure that | 10 | | identifies any energy services contractor or qualified | 11 | | provider that participated in the preparation of the | 12 | | specifications issued by the school district. If no energy | 13 | | services contractor or qualified provider participated in the | 14 | | preparation of the specifications issued by the school | 15 | | district, then the solicitation must include a written | 16 | | disclosure that no energy services contractor or qualified | 17 | | provider participated in the preparation of the specifications | 18 | | for the school district. The written disclosure shall be | 19 | | published in the Capital Development Board Procurement | 20 | | Bulletin with the Request for Proposal. | 21 | | (Source: P.A. 96-1197, eff. 7-22-10; 97-333, eff. 8-12-11.)
| 22 | | (105 ILCS 5/19b-7) (from Ch. 122, par. 19b-7)
| 23 | | Sec. 19b-7. Energy operating Operational and energy cost | 24 | | savings. The school district or
area vocational center
shall | 25 | | document the operational and energy operating cost savings |
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| 1 | | specified in the
guaranteed energy savings contract and | 2 | | designate and appropriate that
amount for an annual payment of | 3 | | the contract. If the annual energy operating cost savings
are | 4 | | less than projected under the guaranteed energy savings | 5 | | contract , the
qualified
provider shall , within 90 days, pay | 6 | | the difference as provided in Section 19b-4.
| 7 | | (Source: P.A. 92-767, eff. 8-6-02.)
| 8 | | (105 ILCS 5/19b-8) (from Ch. 122, par. 19b-8)
| 9 | | Sec. 19b-8. Available funds. A school district or area | 10 | | vocational
center may use funds
designated for energy | 11 | | operating cost operating or capital expenditures for any | 12 | | guaranteed energy
savings contract including purchases using | 13 | | installment payment contracts or
lease purchase agreements. A | 14 | | school district or area vocational center
that enters into | 15 | | such a
contract or agreement may covenant in such contract or | 16 | | agreement that
payments made thereunder shall be payable from | 17 | | the first funds legally
available in each fiscal year.
| 18 | | (Source: P.A. 92-767, eff. 8-6-02.)
| 19 | | (105 ILCS 5/19b-90 new) | 20 | | Sec. 19b-90. New or modified contracts prohibited. No new | 21 | | guaranteed energy savings contract, contract modifications, or | 22 | | contract amendments may be entered into on or after January 1, | 23 | | 2022. |
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| 1 | | (105 ILCS 5/19b-95 new) | 2 | | Sec. 19b-95. Repeal. This Article is repealed 20 years | 3 | | after the effective date of this amendatory Act of the 102nd | 4 | | General Assembly.
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