(50 ILCS 515/1)
Sec. 1.
Short title.
This Act may be cited as the Local Government Energy Conservation Act.
(Source: P.A. 88-173.)
(50 ILCS 515/3)
Sec. 3. Applicable laws. Other State laws and related administrative requirements apply to this Act, including, but not limited to, the following laws and related administrative requirements: the Illinois Human Rights Act, the Prevailing Wage Act, the Public Construction Bond Act, the Public Works Preference Act (repealed on June 16, 2010 by Public Act 96-929), the Employment of Illinois Workers on Public Works Act, the Freedom of Information Act, the Open Meetings Act, the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural Engineering Practice Act of 1989, the Local Government Professional Services Selection Act, and the Contractor Unified License and Permit Bond Act.
(Source: P.A. 97-333, eff. 8-12-11.)
(50 ILCS 515/4)
Sec. 4. Applicability. In order to protect the integrity of historic buildings, no provision of this Act shall be interpreted to require the implementation of energy conservation measures that conflict with respect to any property eligible for, nominated to, or entered on the National Register of Historic Places, pursuant to the National Historic Preservation Act of 1966, or the Illinois Register of Historic Places, pursuant to the Illinois Historic Preservation Act.
(Source: P.A. 94-1062, eff. 7-31-06.)
(50 ILCS 515/5)
Sec. 5. Definitions. As used in this Act, unless the context clearly
requires otherwise:
“Energy conservation
measure” means any improvement, repair, alteration, or betterment of any
building or facility owned or operated by a unit of local government or any
equipment, fixture, or furnishing to be added to or used in any
such building or facility, subject to all applicable building codes,
that is designed to reduce
energy consumption or operating costs, and may include, without limitation,
one or more of the following:
- (1) Insulation of the building structure or systems within the building.
- (2) Storm windows or doors, caulking or weatherstripping, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption.
- (3) Automated or computerized energy control systems.
- (4) Heating, ventilating, or air conditioning system modifications or replacements.
- (5) Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable State or local building code for the lighting system after the proposed modifications are made.
- (6) Energy recovery systems.
- (7) Energy conservation measures that provide long-term operating cost reductions.
“Guaranteed energy savings contract” means a contract for: (i) the
implementation of an
energy audit, data collection, and other related analyses preliminary to
the undertaking of energy conservation measures; (ii) the evaluation and
recommendation of
energy conservation measures; (iii) the implementation of one or more
energy conservation measures; and (iv) the implementation of project
monitoring and data collection to verify post-installation energy
consumption and energy-related operating costs. The contract shall provide
that all payments, except
obligations on termination of the contract before its expiration, are to be
made over time and that the savings are guaranteed to the extent necessary
to pay the costs of
the energy conservation measures. Energy savings may include energy reduction and offsetting sources of renewable energy funds including renewable energy credits and carbon credits.
“Qualified provider” means a person
or business whose employees are experienced and trained in the design,
implementation, or installation of
energy conservation measures. The minimum training required for any person
or employee under this paragraph shall be the satisfactory completion of at
least 40 hours of course instruction dealing with energy conservation
measures. A qualified provider to whom the contract is
awarded shall give a sufficient bond to the unit of local government for its
faithful performance.
“Request for proposals” means a
competitive selection achieved by negotiated procurement. The request for proposals shall be announced
through at least one public notice, at least 14 days before the request
date in a newspaper published in the territory comprising the unit of local
government or, if no newspaper is
published in that territory, in a newspaper of general circulation in the
area of the unit of local government, from a unit of local government 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 unit of local government.
- (2) The name, address, title, and phone number of a contact person.
- (3) Notice indicating that the unit of local government 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 unit of local government may require.
“Unit of local government” means a county, township,
municipality, or park district.
(Source: P.A. 96-1197, eff. 7-22-10.)
(50 ILCS 515/10)
Sec. 10. Evaluation of proposal. Before entering into a guaranteed
energy savings contract under Section 15, a unit of local government shall
submit
a request for proposals. The unit of local government shall evaluate any
sealed
proposal from a qualified provider. The evaluation shall analyze the estimates
of all costs of installations, modifications, or remodeling, including, without
limitation, costs of a pre-installation energy audit or analysis, design,
engineering, installation, maintenance, repairs, debt
service, conversions to a different energy or fuel source, or
post-installation project monitoring, data collection, and reporting. The
evaluation shall include a detailed analysis of whether either the energy
consumed or the operating costs, or both, will be reduced. If technical
assistance is not available by a licensed architect or registered
professional engineer on the unit of local government’s staff, then the
evaluation of
the proposal shall be done by a registered professional engineer or
architect who is retained by the unit of local government. Any licensed architect or registered professional engineer evaluating a proposal under this Section may not have any financial or contractual relationship with a qualified provider or other source that would constitute a conflict of interest. The unit of local
government may
pay a reasonable fee for evaluation of the proposal or include the fee as
part of the payments made under Section 20.
(Source: P.A. 94-1062, eff. 7-31-06.)
(50 ILCS 515/15)
Sec. 15.
Award of guaranteed energy savings contract.
Sealed
proposals must be opened by a member of the unit of local government’s
governing body or an employee of the unit of local government at a
public opening at which the contents of the proposals must be announced.
Each person or entity submitting a sealed proposal must receive at least 10
days notice of the time and place of the opening. The unit of local government
shall select the qualified provider that best meets the needs of
the unit of local government. The unit of local government shall provide
public notice of (i) the
meeting at which it proposes to award a guaranteed energy savings contract,
(ii) the names of the parties to the proposed contract, and (iii) 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 10, a unit of local
government 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
10 year period from the date of installation, if the recommendations in
the proposal are followed.
(Source: P.A. 88-173.)
(50 ILCS 515/20)
Sec. 20. Guarantee. The guaranteed energy savings contract shall
include a written guarantee of the qualified provider that either the
energy or operational cost savings, or both, will meet or exceed within 20
years the costs of the energy conservation measures. The qualified provider
shall reimburse the unit of local government for any shortfall of guaranteed
energy
savings projected in the contract. A qualified provider shall provide a
sufficient bond to the unit of local government for the installation and the
faithful performance of all the measures included in the contract. The
guaranteed energy savings contract may provide for payments over a period
of time, not to exceed 20 years from the date of the final installation of
the measures.
(Source: P.A. 96-1197, eff. 7-22-10.)
(50 ILCS 515/25)
Sec. 25. Installment payment contract; lease purchase agreement. A unit of local
government, or
units of local government in combination, may enter into an
installment payment contract or lease purchase 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 authority granted by law.
If an energy audit is performed by an energy services contractor for a unit of local government within the 3 years immediately preceding the solicitation, then the unit of local government must publish as a reference document in the solicitation for energy conservation measures the following:
- (1) an executive summary of the energy audit provided that the unit of local government may exclude any proprietary or trademarked information or practices; or
- (2) the energy audit provided that the unit of local government may redact any proprietary or trademarked information or practices.A unit of local government may not withhold the disclosure of information related to (i) the unit of local government’s consumption of energy, (ii) the physical condition of the unit of local government’s facilities, and (iii) any limitations prescribed by the unit of local government.
The solicitation must include a written disclosure that identifies any energy services contractor that participated in the preparation of the specifications issued by the unit of local government. If no energy services contractor participated in the preparation of the specifications issued by the unit of local government, then the solicitation must include a written disclosure that no energy services contractor participated in the preparation of the specifications for the unit of local government. The written disclosure shall be published in the Capital Development Board Procurement Bulletin with the Request for Proposal.
(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
(50 ILCS 515/30)
Sec. 30.
Term; budget and appropriations.
Guaranteed energy savings
contracts may extend beyond the fiscal year in which they become effective.
The unit of local government shall include, in its annual budget and
appropriations measures for each subsequent fiscal year, any amounts payable
under guaranteed energy savings contracts during that fiscal year.
(Source: P.A. 88-173.)
(50 ILCS 515/35)
Sec. 35.
Operational and energy cost savings.
The unit of local
government
shall document the operational and energy cost savings specified in the
guaranteed energy savings contract and shall designate and appropriate that
amount for an annual payment of the contract. If the annual energy savings
are less than projected under the guaranteed energy savings contract, the
qualified
provider shall pay the difference as provided in Section 20.
(Source: P.A. 88-173.)
(50 ILCS 515/40)
Sec. 40.
Available funds.
A unit of local government may use funds
designated for operating or capital expenditures for any guaranteed energy
savings contract, including purchases using installment payment contracts or
lease purchase agreements. A unit of local government that enters into such a
contract or agreement may covenant in the contract or agreement that
payments made under the contract shall be payable from the first funds legally
available in each fiscal year.
(Source: P.A. 88-173.)
(50 ILCS 515/45)
Sec. 45.
Funding.
State aid and other amounts appropriated for
distribution to or reimbursement of a unit of local government shall not be
reduced
as a result of energy savings realized from a guaranteed energy savings
contract or a lease purchase agreement for the purchase and installation of
energy conservation measures.
(Source: P.A. 88-173.)
(50 ILCS 515/75)
Sec. 75.
(Amendatory provisions; text omitted).
(Source: P.A. 88-173; text omitted.)
(50 ILCS 515/99)
Sec. 99.
This Act takes effect upon becoming a law.
(Source: P.A. 88-173.)