2023 Illinois Compiled Statutes › Chapter 110 - HIGHER EDUCATION › 110 ILCS 805/ - Public Community College Act. › Article V-a - Community College Energy Conservation And Saving Measures

(110 ILCS 805/Art. V-A heading)
ARTICLE V-A.  
		COMMUNITY COLLEGE ENERGY
CONSERVATION AND SAVING MEASURES
(110 ILCS 805/5A-5)
Sec. 5A-5. 
		Definitions. 
		In this Article words and phrases have the
meanings set forth in the following Sections preceding Section 5A-30.
(Source: P.A. 88-173.)
(110 ILCS 805/5A-10)
Sec. 5A-10. Energy conservation measure. "Energy conservation
measure" means any improvement, repair, alteration, or betterment of any
building or facility owned or operated by a community college district 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.
(Source: P.A. 94-1062, eff. 7-31-06.)
(110 ILCS 805/5A-15)
Sec. 5A-15. Guaranteed energy savings contract. "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.
(Source: P.A. 100-884, eff. 1-1-19.)
(110 ILCS 805/5A-20)
Sec. 5A-20. 
		Qualified provider. 
		"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 Section 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 community college district for its
faithful performance.
(Source: P.A. 88-173.)
(110 ILCS 805/5A-25)
Sec. 5A-25. 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 for publication and through at least one public notice, at least 14 days before the request
date in a newspaper published in the district, or if no newspaper is
published in the district, in a newspaper of general circulation in the
area of the district, by a community college district 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 community college     district.
(2) The name, address, title, and phone number of a     contact person.
(3) Notice indicating that the community college     district 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     community college district may require.
(Source: P.A. 100-884, eff. 1-1-19.)
(110 ILCS 805/5A-30)
Sec. 5A-30. Evaluation of proposal. Before entering into a guaranteed
energy savings contract under Section 5A-35, a community college district shall
submit
a request for proposals.  The community college district 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 community college district staff, then the
evaluation of
the proposal shall be done by a registered professional engineer or
architect, who is retained by the community college district.  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 community
college district may
pay a reasonable fee for evaluation of the proposal or include the fee as
part of the payments made under Section 5A-40.
(Source: P.A. 94-1062, eff. 7-31-06.)
(110 ILCS 805/5A-35)
Sec. 5A-35. Award of guaranteed energy savings contract. Sealed
proposals must be opened by a member or employee of the community college board
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 community college
district shall select the qualified provider that best meets the needs of
the district.  The community college district 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 5A-30, a community
college
district 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 shall be submitted to the administrators of the Capital Development Board Procurement Bulletin for publication.
(Source: P.A. 100-884, eff. 1-1-19.)
(110 ILCS 805/5A-40)
Sec. 5A-40. 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 community college district for any shortfall of guaranteed
energy
savings projected in the contract.  A qualified provider shall provide a
sufficient bond to the community college district 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 final installation of the
measures.
(Source: P.A. 94-1062, eff. 7-31-06.)
(110 ILCS 805/5A-45)
Sec. 5A-45. Installment payment contract; lease purchase agreement.  A community college district or
2 or more such districts 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 community college district 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
adopted by
the community college district.  Each contract or agreement entered
into by a community college district pursuant to this Section shall be
authorized by official action
 of the community college board. The authority granted under this Section is in addition to any other authority granted by law.
(Source: P.A. 100-884, eff. 1-1-19.)
(110 ILCS 805/5A-50)
Sec. 5A-50. 
		Term; budget and appropriations. 
		Guaranteed energy savings
contracts may extend beyond the fiscal year in which they become effective.
 The community college district 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.)
(110 ILCS 805/5A-55)
Sec. 5A-55. 
		Operational and energy cost savings. 
		The community college
district
shall document the operational and energy cost savings specified in the
guaranteed energy savings contract and 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 5A-40.
(Source: P.A. 88-173.)
(110 ILCS 805/5A-60)
Sec. 5A-60. 
		Available funds. 
		A community college district 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 community college district that enters into such
a
contract or agreement may covenant in such contract or agreement that
payments made thereunder shall be payable from the first funds legally
available in each fiscal year.
(Source: P.A. 88-173.)
(110 ILCS 805/5A-65)
Sec. 5A-65. 
		Funding. 
		No State credit hour grants or other grants or funds
appropriated for
distribution to or reimbursement of a community college district shall 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.)