Bill Text: IL SB2116 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Local Government Energy Conservation Act, the School Code, and the Public University Energy Conservation Act. Provides that requests for proposals must be submitted to the administrators of all 4 volumes of the Illinois Procurement Bulletin for publication in each bulletin. Provides that contracts let or awarded must be submitted to the administrators of all 4 volumes of the Illinois Procurement Bulletin for publication in each bulletin. Makes changes concerning drafters of specifications submitting bids or proposals for installment contracts and other agreements proposed by a school district or public university. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2009-08-15 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2116 Detail]

Download: Illinois-2009-SB2116-Engrossed.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Local Government Energy Conservation Act is
amended by changing Section 25 as follows:
(50 ILCS 515/25)
Sec. 25. Installment payment contract; lease purchase
agreement; or other agreement. A unit of local government, or
units of local government in combination, may enter into an
installment payment contract, lease purchase agreement, or
other agreement with a qualified provider or with a third
party, as authorized by law, for the funding or financing of
the purchase and installation of energy conservation measures
by a qualified provider. Every unit of local government may
issue certificates evidencing the indebtedness incurred
pursuant to the contracts or agreements. Any such contract or
agreement shall be valid whether or not an appropriation with
respect thereto is first included in any annual or supplemental
budget adopted by the unit of local government. Each contract
or agreement entered into by a unit of local government
pursuant to this Section shall be authorized by official action
of the unit of local government's governing body. The authority
granted under this Section is in addition to any other

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authority granted by law.
Any consultant, architect, engineer, designer, or other
drafter of specifications who assists the unit of local
government in the preparation of specifications shall not
submit a bid or proposal to meet the procurement need unless
the body authorizing the contract or agreement determines in
writing that there will be no substantial conflict of interest
involved. This written notice shall be published in the Capital
Development Board Procurement Bulletin and the Illinois
Procurement Bulletin with the Request for Proposal.
(Source: P.A. 95-612, eff. 9-11-07.)
Section 10. The School Code is amended by changing Sections
19b-1.4, 19b-3, and 19b-5 as follows:
(105 ILCS 5/19b-1.4) (from Ch. 122, par. 19b-1.4)
Sec. 19b-1.4. Request for proposals. "Request for
proposals" means a competitive selection achieved by
negotiated procurement. The request for proposals shall be
submitted to the administrators of the Capital Development
Board Procurement Bulletin and announced in the Illinois
Procurement Bulletin for publication and through at least one
public notice, at least 30 14 days before the request date in a
newspaper published in the district or vocational center area,
or if no newspaper is published in the district or vocational
center area, in a newspaper of general circulation in the area

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of the district or vocational center, from a school district or
area vocational center that will administer the program,
requesting innovative solutions and proposals for energy
conservation measures. Proposals submitted shall be sealed.
The request for proposals shall include all of the following:
(1) The name and address of the school district or area
vocation center.
(2) The name, address, title, and phone number of a
contact person.
(3) Notice indicating that the school district or area
vocational center is requesting qualified providers to
propose energy conservation measures through a guaranteed
energy savings contract.
(4) The date, time, and place where proposals must be
received.
(5) The evaluation criteria for assessing the
proposals.
(6) Any other stipulations and clarifications the
school district or area vocational center may require.
(Source: P.A. 95-612, eff. 9-11-07.)
(105 ILCS 5/19b-3) (from Ch. 122, par. 19b-3)
Sec. 19b-3. Award of guaranteed energy savings contract.
Sealed proposals must be opened by a member or employee of the
school board or governing board of the area vocational center,
whichever is applicable, at a public opening at which the

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contents of the proposals must be announced. Each person or
entity submitting a sealed proposal must receive at least 13
days notice of the time and place of the opening. The school
district or area vocational center shall select the qualified
provider that best meets the needs of the district or area
vocational center. The school district or area vocational
center shall provide public notice of the meeting at which it
proposes to award a guaranteed energy savings contract of the
names of the parties to the proposed contract and of the
purpose of the contract. The public notice shall be made at
least 10 days prior to the meeting. After evaluating the
proposals under Section 19b-2, a school district or area
vocational center may enter into a guaranteed energy savings
contract with a qualified provider if it finds that the amount
it would spend on the energy conservation measures recommended
in the proposal would not exceed the amount to be saved in
either energy or operational costs, or both, within a 20-year
period from the date of installation, if the recommendations in
the proposal are followed. Contracts let or awarded must be
submitted to the administrators of the Capital Development
Board Procurement Bulletin and the published in the next
available subsequent Illinois Procurement Bulletin for
publication.
(Source: P.A. 95-612, eff. 9-11-07.)
(105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)

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Sec. 19b-5. Installment payment contract; lease purchase
agreement. A school district or school districts in combination
or an area vocational center may enter into an installment
payment contract or lease purchase agreement with a qualified
provider or with a third-party lender, as authorized by law,
for the funding or financing of the purchase and installation
of energy conservation measures by a qualified provider. Every
school district or area vocational center may issue
certificates evidencing the indebtedness incurred pursuant to
the contracts or agreements. Any such contract or agreement
shall be valid whether or not an appropriation with respect
thereto is first included in any annual or supplemental budget
adopted by the school district or area vocational center. Each
contract or agreement entered into by a school district or area
vocational center pursuant to this Section shall be authorized
by official action resolution of the school board or governing
board of the area vocational center, whichever is applicable.
The authority granted in this Section is in addition to any
other authority granted by law.
(Source: P.A. 95-612, eff. 9-11-07.)
Section 15. The Public University Energy Conservation Act
is amended by changing Section 25 as follows:
(110 ILCS 62/25)
Sec. 25. Installment payment contract; lease purchase

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agreement. A public university or 2 or more public
universities in combination may enter into an installment
payment contract or lease purchase agreement with a qualified
provider or with a third-party lender, as authorized by law,
for the funding or financing of the purchase and installation
of energy conservation measures by a qualified provider. Each
public university may issue certificates evidencing the
indebtedness incurred pursuant to the contracts or agreements.
Any such contract or agreement shall be valid whether or not an
appropriation with respect thereto is first included in any
annual or additional or supplemental budget proposal, request,
or recommendation submitted by or made with respect to a public
university under Section 8 of the Board of Higher Education Act
or as otherwise provided by law. Each contract or agreement
entered into by a public university pursuant to this Section
shall be authorized by official action resolution of the board
of trustees of that university. The authority granted in this
Section is in addition to any other authority granted by law.
(Source: P.A. 95-612, eff. 9-11-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.