2005 Illinois Code - Chapter 50 Local Government 50 ILCS 515/ Local Government Energy Conservation Act.
(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 515/5) 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
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. "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
negotiated procurement. The request for proposals shall be announced
through at least one public notice, at least 10 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, or municipality. (Source: P.A. 88‑173.)
(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. 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. 88‑173.)
(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 10
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 10 years from the date of the final installation of
the measures. (Source: P.A. 88‑173; 88‑615, eff. 9‑9‑94.)
(50 ILCS 515/25) Sec. 25. Installment payment; lease purchase. 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 for the purchase and installation of energy conservation measures.
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
resolution of the unit of local government's governing body. (Source: P.A. 88‑173.)
(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.)
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