Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1887 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1887 Introduced 2/6/2025, by Sen. Donald P. DeWitte SYNOPSIS AS INTRODUCED: 70 ILCS 3720/2 from Ch. 111 2/3, par. 25270 ILCS 3720/6 new70 ILCS 3720/7 new70 ILCS 3720/8 new70 ILCS 3720/9 new70 ILCS 3720/10 new70 ILCS 3720/11 new70 ILCS 3720/12 new70 ILCS 3720/13 new70 ILCS 3720/14 new70 ILCS 3720/15 new65 ILCS 5/11-135-8 from Ch. 24, par. 11-135-8 Amends the Water Commission Act of 1985. Provides that a commission may not receive more than $10,000 per year in compensation (currently a commission may not receive more than $10,000 per year in compensation except that no commissioner who is a member of the governing board or an officer or employee of the county or any unit of local government within the county may receive any compensation for serving as a commissioner). Allows a commission to use alternate project delivery methods, establish goals or requirements for the procurement of goods and services and for construction contracts, and accept assignment of municipal waterworks system contracts or other public improvement contracts. Gives commissions the authority to enter into design-build contracts and use a design-build delivery system. Includes definitions and requirements for the design-build delivery system. Amends the Illinois Municipal Code. Provides that a water commission may construct water transmission and distribution lines within a radius of 50 miles (rather than 25 miles) outside the corporate limits of member municipalities for the purpose of furnishing water to any additional entities which contract with the commission for a supply of water. LRB104 07722 RTM 17767 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1887 Introduced 2/6/2025, by Sen. Donald P. DeWitte SYNOPSIS AS INTRODUCED: 70 ILCS 3720/2 from Ch. 111 2/3, par. 25270 ILCS 3720/6 new70 ILCS 3720/7 new70 ILCS 3720/8 new70 ILCS 3720/9 new70 ILCS 3720/10 new70 ILCS 3720/11 new70 ILCS 3720/12 new70 ILCS 3720/13 new70 ILCS 3720/14 new70 ILCS 3720/15 new65 ILCS 5/11-135-8 from Ch. 24, par. 11-135-8 70 ILCS 3720/2 from Ch. 111 2/3, par. 252 70 ILCS 3720/6 new 70 ILCS 3720/7 new 70 ILCS 3720/8 new 70 ILCS 3720/9 new 70 ILCS 3720/10 new 70 ILCS 3720/11 new 70 ILCS 3720/12 new 70 ILCS 3720/13 new 70 ILCS 3720/14 new 70 ILCS 3720/15 new 65 ILCS 5/11-135-8 from Ch. 24, par. 11-135-8 Amends the Water Commission Act of 1985. Provides that a commission may not receive more than $10,000 per year in compensation (currently a commission may not receive more than $10,000 per year in compensation except that no commissioner who is a member of the governing board or an officer or employee of the county or any unit of local government within the county may receive any compensation for serving as a commissioner). Allows a commission to use alternate project delivery methods, establish goals or requirements for the procurement of goods and services and for construction contracts, and accept assignment of municipal waterworks system contracts or other public improvement contracts. Gives commissions the authority to enter into design-build contracts and use a design-build delivery system. Includes definitions and requirements for the design-build delivery system. Amends the Illinois Municipal Code. Provides that a water commission may construct water transmission and distribution lines within a radius of 50 miles (rather than 25 miles) outside the corporate limits of member municipalities for the purpose of furnishing water to any additional entities which contract with the commission for a supply of water. LRB104 07722 RTM 17767 b LRB104 07722 RTM 17767 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1887 Introduced 2/6/2025, by Sen. Donald P. DeWitte SYNOPSIS AS INTRODUCED:
3	3	70 ILCS 3720/2 from Ch. 111 2/3, par. 25270 ILCS 3720/6 new70 ILCS 3720/7 new70 ILCS 3720/8 new70 ILCS 3720/9 new70 ILCS 3720/10 new70 ILCS 3720/11 new70 ILCS 3720/12 new70 ILCS 3720/13 new70 ILCS 3720/14 new70 ILCS 3720/15 new65 ILCS 5/11-135-8 from Ch. 24, par. 11-135-8 70 ILCS 3720/2 from Ch. 111 2/3, par. 252 70 ILCS 3720/6 new 70 ILCS 3720/7 new 70 ILCS 3720/8 new 70 ILCS 3720/9 new 70 ILCS 3720/10 new 70 ILCS 3720/11 new 70 ILCS 3720/12 new 70 ILCS 3720/13 new 70 ILCS 3720/14 new 70 ILCS 3720/15 new 65 ILCS 5/11-135-8 from Ch. 24, par. 11-135-8
4	4	70 ILCS 3720/2 from Ch. 111 2/3, par. 252
5	5	70 ILCS 3720/6 new
6	6	70 ILCS 3720/7 new
7	7	70 ILCS 3720/8 new
8	8	70 ILCS 3720/9 new
9	9	70 ILCS 3720/10 new
10	10	70 ILCS 3720/11 new
11	11	70 ILCS 3720/12 new
12	12	70 ILCS 3720/13 new
13	13	70 ILCS 3720/14 new
14	14	70 ILCS 3720/15 new
15	15	65 ILCS 5/11-135-8 from Ch. 24, par. 11-135-8
16	16	Amends the Water Commission Act of 1985. Provides that a commission may not receive more than $10,000 per year in compensation (currently a commission may not receive more than $10,000 per year in compensation except that no commissioner who is a member of the governing board or an officer or employee of the county or any unit of local government within the county may receive any compensation for serving as a commissioner). Allows a commission to use alternate project delivery methods, establish goals or requirements for the procurement of goods and services and for construction contracts, and accept assignment of municipal waterworks system contracts or other public improvement contracts. Gives commissions the authority to enter into design-build contracts and use a design-build delivery system. Includes definitions and requirements for the design-build delivery system. Amends the Illinois Municipal Code. Provides that a water commission may construct water transmission and distribution lines within a radius of 50 miles (rather than 25 miles) outside the corporate limits of member municipalities for the purpose of furnishing water to any additional entities which contract with the commission for a supply of water.
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18	18	LRB104 07722 RTM 17767 b
19	19	A BILL FOR
20	20	SB1887LRB104 07722 RTM 17767 b SB1887 LRB104 07722 RTM 17767 b
21	21	SB1887 LRB104 07722 RTM 17767 b
22	22	1 AN ACT concerning local government.
23	23	2 Be it enacted by the People of the State of Illinois,
24	24	3 represented in the General Assembly:
25	25	4 Section 5. The Water Commission Act of 1985 is amended by
26	26	5 changing Section 2 and by adding Sections 6, 7, 8, 9, 10, 11,
27	27	6 12, 13, 14, and 15 as follows:
28	28	7 (70 ILCS 3720/2) (from Ch. 111 2/3, par. 252)
29	29	8 Sec. 2. The General Assembly hereby finds and declares
30	30	9 that it is necessary and in the public interest to help assure
31	31	10 a sufficient and economic supply of a source of water within
32	32	11 those county wide areas of this State where, because of a
33	33	12 growth in population and proximity to large urban centers, the
34	34	13 health, safety and welfare of the residents is threatened by
35	35	14 an ever increasing shortage of a continuing, available and
36	36	15 adequate source and supply of water on an economically
37	37	16 reasonable basis; however, it is not the intent of the General
38	38	17 Assembly to interfere with the power of municipalities to
39	39	18 provide for the retail distribution of water to their
40	40	19 residents or the customers of their water systems. Therefore,
41	41	20 in order to provide for a sufficient and economic supply of
42	42	21 water to such areas, it is hereby declared to be the law of
43	43	22 this State that:
44	44	23 (a) With respect to any water commission constituted
45	45
46	46
47	47
48	48	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1887 Introduced 2/6/2025, by Sen. Donald P. DeWitte SYNOPSIS AS INTRODUCED:
49	49	70 ILCS 3720/2 from Ch. 111 2/3, par. 25270 ILCS 3720/6 new70 ILCS 3720/7 new70 ILCS 3720/8 new70 ILCS 3720/9 new70 ILCS 3720/10 new70 ILCS 3720/11 new70 ILCS 3720/12 new70 ILCS 3720/13 new70 ILCS 3720/14 new70 ILCS 3720/15 new65 ILCS 5/11-135-8 from Ch. 24, par. 11-135-8 70 ILCS 3720/2 from Ch. 111 2/3, par. 252 70 ILCS 3720/6 new 70 ILCS 3720/7 new 70 ILCS 3720/8 new 70 ILCS 3720/9 new 70 ILCS 3720/10 new 70 ILCS 3720/11 new 70 ILCS 3720/12 new 70 ILCS 3720/13 new 70 ILCS 3720/14 new 70 ILCS 3720/15 new 65 ILCS 5/11-135-8 from Ch. 24, par. 11-135-8
50	50	70 ILCS 3720/2 from Ch. 111 2/3, par. 252
51	51	70 ILCS 3720/6 new
52	52	70 ILCS 3720/7 new
53	53	70 ILCS 3720/8 new
54	54	70 ILCS 3720/9 new
55	55	70 ILCS 3720/10 new
56	56	70 ILCS 3720/11 new
57	57	70 ILCS 3720/12 new
58	58	70 ILCS 3720/13 new
59	59	70 ILCS 3720/14 new
60	60	70 ILCS 3720/15 new
61	61	65 ILCS 5/11-135-8 from Ch. 24, par. 11-135-8
62	62	Amends the Water Commission Act of 1985. Provides that a commission may not receive more than $10,000 per year in compensation (currently a commission may not receive more than $10,000 per year in compensation except that no commissioner who is a member of the governing board or an officer or employee of the county or any unit of local government within the county may receive any compensation for serving as a commissioner). Allows a commission to use alternate project delivery methods, establish goals or requirements for the procurement of goods and services and for construction contracts, and accept assignment of municipal waterworks system contracts or other public improvement contracts. Gives commissions the authority to enter into design-build contracts and use a design-build delivery system. Includes definitions and requirements for the design-build delivery system. Amends the Illinois Municipal Code. Provides that a water commission may construct water transmission and distribution lines within a radius of 50 miles (rather than 25 miles) outside the corporate limits of member municipalities for the purpose of furnishing water to any additional entities which contract with the commission for a supply of water.
63	63	LRB104 07722 RTM 17767 b LRB104 07722 RTM 17767 b
64	64	LRB104 07722 RTM 17767 b
65	65	A BILL FOR
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71	71	70 ILCS 3720/2 from Ch. 111 2/3, par. 252
72	72	70 ILCS 3720/6 new
73	73	70 ILCS 3720/7 new
74	74	70 ILCS 3720/8 new
75	75	70 ILCS 3720/9 new
76	76	70 ILCS 3720/10 new
77	77	70 ILCS 3720/11 new
78	78	70 ILCS 3720/12 new
79	79	70 ILCS 3720/13 new
80	80	70 ILCS 3720/14 new
81	81	70 ILCS 3720/15 new
82	82	65 ILCS 5/11-135-8 from Ch. 24, par. 11-135-8
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101	101	1 pursuant to Division 135 of the Illinois Municipal Code or
102	102	2 established by operation of law under Public Act 83-1123, as
103	103	3 amended, which water commission includes municipalities which
104	104	4 in the aggregate have within their corporate limits more than
105	105	5 50% of the population of a county (hereinafter referred to as a
106	106	6 "home county"), and such county is contiguous to a county
107	107	7 which has a population in excess of 1,000,000 inhabitants, the
108	108	8 provisions of this Act shall apply. With respect to any such
109	109	9 water commission (hereinafter referred to as a "county water
110	110	10 commission"):
111	111	11 (i) the terms of all commissioners of such commission
112	112	12 holding office at the time a water commission becomes a
113	113	13 county water commission shall terminate 30 days after such
114	114	14 time and new commissioners shall be appointed as the
115	115	15 governing board of the county water commission as
116	116	16 hereinafter provided in subsection (c); and
117	117	17 (ii) the county water commission shall continue to be
118	118	18 a body corporate and politic, and shall bear the name of
119	119	19 the home county but shall be independent from and not a
120	120	20 part of the county government and shall itself be a
121	121	21 political subdivision and a unit of local government, and
122	122	22 upon appointment of the new commissioners as the governing
123	123	23 board of such water commission as provided in subsection
124	124	24 (c), such water commission shall remain responsible for
125	125	25 the full payment of, and shall by operation of law be
126	126	26 deemed to have assumed and shall pay when due all debts and
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137	137	1 obligations of the commission as the same is constituted
138	138	2 and as such debts and obligations existed on the date such
139	139	3 water commission becomes a county water commission and
140	140	4 such additional debts and obligations as are incurred by
141	141	5 such commission after such date and prior to the
142	142	6 appointment of the new commissioners as the governing
143	143	7 board of such commission, and further shall continue to
144	144	8 have and exercise all powers and functions and duties of a
145	145	9 water commission created pursuant to Division 135 of the
146	146	10 Illinois Municipal Code, as now or hereafter amended, and
147	147	11 the county water commission may rely on that Division, as
148	148	12 modified and supplemented by the provisions of this Act,
149	149	13 as lawful authority under which it may act.
150	150	14 (b) Any county water commission shall have as its
151	151	15 territory within its corporate limits, subject to taxation for
152	152	16 its purposes, and subject to the powers and limitations as
153	153	17 conferred by this Act, (i) all of the territory of the home
154	154	18 county except that territory located within the corporate
155	155	19 limits of excluded units as hereinafter defined and (ii) also
156	156	20 all of the territory located outside the home county and
157	157	21 included within the corporate limits of an included unit as
158	158	22 hereinafter defined. As used in this Act, "excluded unit"
159	159	23 means a unit of local government having a waterworks system
160	160	24 and having within its corporate limits territory within the
161	161	25 home county and which either, at the time any commission
162	162	26 becomes a county water commission, receives, or has contracted
163	163
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173	173	1 at such time for the receipt of, more than 25% of the water
174	174	2 distributed by such unit's water system from a source outside
175	175	3 of the home county, or a unit of local government that seeks a
176	176	4 change in status as provided in this Section. As used in this
177	177	5 Section, "included unit" means any unit of local government
178	178	6 having a waterworks system and having within its corporate
179	179	7 limits territory within the home county, which unit of local
180	180	8 government is not an excluded unit. No other water commission
181	181	9 shall be constituted under Division 135 of the Illinois
182	182	10 Municipal Code in any home county after the effective date of
183	183	11 this Act to provide water from any source located outside the
184	184	12 home county. A unit of local government may switch its status
185	185	13 from being an included unit to an excluded unit provided that
186	186	14 (i) it has constructed a water treatment plant prior to
187	187	15 December 31, 2006 to comply with United States Environmental
188	188	16 Protection Agency regulations regarding radium; (ii) it
189	189	17 notifies the commission in writing of its desire to become an
190	190	18 excluded unit; and (iii) it no longer demands future service
191	191	19 from the commission and shall not be reinstated as an included
192	192	20 unit. In the event a unit of local government switches status,
193	193	21 the water commission shall, from any legally available
194	194	22 sources, transfer the sums collected from that unit of local
195	195	23 government for the period of time beginning January 1, 2006 to
196	196	24 the date that this tax is no longer assessed within the
197	197	25 affected excluded unit. The transfer of funds authorized
198	198	26 herein shall be made within 90 days of the effective date of
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209	209	1 this amendatory Act of the 95th General Assembly. Except as
210	210	2 authorized by a county water commission, no home county or
211	211	3 included unit shall enter into any new or renew or extend any
212	212	4 existing contract, agreement or other arrangement for the
213	213	5 acquisition or sale of water from any source located outside a
214	214	6 home county; provided, however, that any included unit may
215	215	7 contract for a supply of water in case of a temporary emergency
216	216	8 from any other unit of local government or any entity. In the
217	217	9 event that any included unit elects to serve retail customers
218	218	10 outside its corporate boundaries and to establish rates and
219	219	11 charges for such water in excess of those charged within its
220	220	12 corporate boundaries, such rates and charges shall have a
221	221	13 reasonable relationship to the actual cost of providing and
222	222	14 delivering the water; this provision is declarative of
223	223	15 existing law. It is declared to be the law of this State
224	224	16 pursuant to paragraphs (g) and (h) of Section 6 of Article VII
225	225	17 of the Illinois Constitution that in any home county, the
226	226	18 provisions of this Act and Division 135 of the Illinois
227	227	19 Municipal Code, as modified and supplemented by this Act and
228	228	20 this amendatory Act of the 93rd General Assembly, constitute a
229	229	21 limitation upon the power of any such county and upon all units
230	230	22 of local government (except excluded units) within such
231	231	23 county, including home rule units, limiting to such county,
232	232	24 units of local government and home rule units the power to
233	233	25 acquire, supply or distribute water or to establish any water
234	234	26 commission for such purposes involving water from any source
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245	245	1 located outside the home county in a manner other than as
246	246	2 provided or permitted by this Act and Division 135, as
247	247	3 modified and supplemented by this Act, and further constitute
248	248	4 an exercise of exclusive State power with respect to the
249	249	5 acquisition, supply and distribution of water from any source
250	250	6 located outside the home county by any such county and by units
251	251	7 of local government (except excluded units), including home
252	252	8 rule units, within such county and with respect to the
253	253	9 establishment for such purposes of any water commission
254	254	10 therein, which power may not be exercised concurrently by any
255	255	11 unit of local government or home rule unit. Upon the request of
256	256	12 any included unit, a county water commission shall provide
257	257	13 such included unit Lake Michigan water in an amount up to the
258	258	14 then current Department of Transportation allocation of Lake
259	259	15 Michigan water for such included unit.
260	260	16 With respect to a water commission to which the provisions
261	261	17 of subsection (a) apply, all uninhabited territory that is
262	262	18 owned and solely occupied by such a commission and is located
263	263	19 not within its home county but within a non-home rule
264	264	20 municipality adjacent to its home county shall,
265	265	21 notwithstanding any other provision of law, be disconnected
266	266	22 from that municipality by operation of this Act on the
267	267	23 effective date of this amendatory Act of 1991, and shall
268	268	24 thereafter no longer be within the territory of the
269	269	25 municipality for any purpose; except that for the purposes of
270	270	26 any statute that requires contiguity of territory, the
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281	281	1 territory of the water commission shall be disregarded and the
282	282	2 municipality shall not be deemed to be noncontiguous by virtue
283	283	3 of the disconnection of the water commission territory.
284	284	4 (c) The governing body of any water commission to which
285	285	5 the provisions of subsection (a) apply shall be a board of
286	286	6 commissioners, each to be appointed within 30 days after the
287	287	7 water commission becomes a county water commission to a term
288	288	8 commencing on such date, as follows:
289	289	9 (i) one commissioner, who shall serve as chairman, who
290	290	10 shall be a resident of the home county, to be appointed by
291	291	11 the chairman of the county board of such county with the
292	292	12 advice and consent of the county board, provided that
293	293	13 following the expiration of the term or vacancy of the
294	294	14 current chairman serving on the effective date of this
295	295	15 amendatory Act of the 93rd General Assembly, any
296	296	16 subsequent appointment as chairman shall also be subject
297	297	17 to the advice and consent of the county water commission;
298	298	18 (ii) one commissioner from each county board district
299	299	19 within the home county, to be appointed by the chairman of
300	300	20 the county board of the home county with the advice and
301	301	21 consent of the county board; and
302	302	22 (iii) one commissioner from each county board district
303	303	23 within the home county, to be appointed by the majority
304	304	24 vote of the mayors of those included units which are
305	305	25 municipalities and which have the greatest percentage of
306	306	26 their respective populations residing within such county
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317	317	1 board district of the home county.
318	318	2 The mayors of the respective county board districts shall
319	319	3 meet for the purpose of making said respective appointments at
320	320	4 a time and place designated by that mayor in each county board
321	321	5 district of the included unit with the largest population
322	322	6 voting for a commissioner upon not less than 10 days' written
323	323	7 notice to each other mayor entitled to vote.
324	324	8 The commissioners so appointed shall serve for a term of 6
325	325	9 years, or until their successors have been appointed and have
326	326	10 qualified in the same manner as the original appointments,
327	327	11 except that at the first meeting of such commissioners, (A)
328	328	12 the commissioners first appointed pursuant to paragraph (ii)
329	329	13 of this subsection shall determine publicly by lot 1/3 of
330	330	14 their number to serve for terms of 2 years, 1/3 of their number
331	331	15 to serve for terms of 4 years and 1/3 of their number to serve
332	332	16 for terms of 6 years, any odd number of commissioners so
333	333	17 determined by dividing into thirds to serve 6 year terms, and
334	334	18 (B) the commissioners first appointed pursuant to paragraph
335	335	19 (iii) of this subsection shall determine publicly by lot 1/3
336	336	20 of their number to serve for terms of 2 years, 1/3 of their
337	337	21 number to serve for terms of 4 years and 1/3 of their number to
338	338	22 serve for terms of 6 years, any odd number of commissioners so
339	339	23 determined by dividing into thirds to serve 6 year terms. The
340	340	24 commissioner first appointed pursuant to paragraph (i) of this
341	341	25 subsection, who shall serve as chairman, shall serve for a
342	342	26 term of 6 years. Any commissioner may be a member of the
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353	353	1 governing board or an officer or employee of such county or any
354	354	2 unit of local government within such county. A commissioner is
355	355	3 eligible for reappointment upon the expiration of his term. A
356	356	4 vacancy in the office of a commissioner shall be filled for the
357	357	5 balance of the unexpired term by appointment and qualification
358	358	6 as to residency in the same manner as the original appointment
359	359	7 was made. Each commissioner shall receive the same
360	360	8 compensation which shall not be more than $10,000 $600 per
361	361	9 year, except that no such commissioner who is a member of the
362	362	10 governing board or an officer or employee of such county or any
363	363	11 unit of local government within such county may receive any
364	364	12 compensation for serving as a commissioner. Each commissioner
365	365	13 may be removed by the appointing authority for any cause for
366	366	14 which any other county or municipal officer may be removed.
367	367	15 The county water commission shall determine its own rules of
368	368	16 proceeding. A quorum shall be a majority of the commissioners
369	369	17 then in office. All ordinances or resolutions shall be passed
370	370	18 by not less than a majority of a quorum. No commissioner or
371	371	19 employee of the commission, no member of the county board or
372	372	20 other official elected within such county, no mayor or
373	373	21 president or other member of the corporate authorities of any
374	374	22 unit of local government within such county, and no employee
375	375	23 of such county or any such unit of local government, shall be
376	376	24 interested directly or indirectly in any contract or job of
377	377	25 work or materials, or the profits thereof, or services to be
378	378	26 performed for or by the commission. A violation of any of the
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389	389	1 foregoing provisions of this subsection is a Class C
390	390	2 misdemeanor. A conviction is cause for the removal of a person
391	391	3 from his office or employment.
392	392	4 (d) Except as provided in subsection (g), subject to the
393	393	5 referendum provided for in subsection (e), a county water
394	394	6 commission may borrow money for corporate purposes on the
395	395	7 credit of the commission, and issue general obligation bonds
396	396	8 therefor, in such amounts and form and on such conditions as it
397	397	9 shall prescribe, but shall not become indebted in any manner
398	398	10 or for any purpose in an amount including existing
399	399	11 indebtedness in the aggregate to exceed 5.75% of the aggregate
400	400	12 value of the taxable property within the territorial
401	401	13 boundaries of the county water commission, as equalized and
402	402	14 assessed by the Department of Revenue and as most recently
403	403	15 available at the time of the issue of said bonds. Before or at
404	404	16 the time of incurring any indebtedness, except as provided in
405	405	17 subsection (g), the commission shall provide for the
406	406	18 collection of a direct annual tax, which shall be unlimited as
407	407	19 to rate or amount, sufficient to pay the interest on such debt
408	408	20 as it falls due and also to pay and discharge the principal
409	409	21 thereof at maturity, which shall be within 40 years after the
410	410	22 date of issue thereof. Such tax shall be levied upon and
411	411	23 collected from all of the taxable property within the
412	412	24 territory of the county water commission. Dissolution of the
413	413	25 county water commission for any reason shall not relieve the
414	414	26 taxable property within such territory of the county water
415	415
416	416
417	417
418	418
419	419
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421	421
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425	425	1 commission from liability for such tax. The clerk of the
426	426	2 commission shall file a certified copy of the resolution or
427	427	3 ordinance by which such bonds are authorized to be issued and
428	428	4 such tax is levied with the County Clerk of each county in
429	429	5 which any of the territory of the county water commission is
430	430	6 located and such filing shall constitute, without the doing of
431	431	7 any other act, full and complete authority for each such
432	432	8 County Clerk to extend such tax for collection upon all the
433	433	9 taxable property within the territory of the county water
434	434	10 commission subject to such tax in each and every year required
435	435	11 sufficient to pay the principal of and interest on such bonds,
436	436	12 as aforesaid, without limit as to rate or amount, and shall be
437	437	13 in addition to and in excess of all other taxes authorized to
438	438	14 be levied by the commission or any included unit. The general
439	439	15 obligation bonds shall be issued pursuant to an ordinance or
440	440	16 resolution and may be issued in one or more series, and shall
441	441	17 bear such date or dates, mature at such time or times and in
442	442	18 any event not more than 40 years from the date thereof, be sold
443	443	19 at such price at private or public sale as determined by a
444	444	20 county water commission, bear interest at such rate or rates
445	445	21 such that the net effective interest rate received upon the
446	446	22 sale of such bonds does not exceed the maximum rate determined
447	447	23 under Section 2 of the Bond Authorization Act, which rates may
448	448	24 be fixed or variable, be in such denominations, be in such
449	449	25 form, either coupon or registered, carry such conversion,
450	450	26 registration, and exchange privileges, be executed in such
451	451
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453	453
454	454
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461	461	1 manner, be payable in such medium of payment at such place or
462	462	2 places within or without the State of Illinois, be subject to
463	463	3 such terms of redemption, and contain or be subject to such
464	464	4 other terms as the ordinance or resolution may provide, and
465	465	5 shall not be restricted by the provisions of any other terms of
466	466	6 obligations of public agencies or private persons.
467	467	7 (e) No issue of general obligation bonds by a county water
468	468	8 commission (except bonds to refund an existing bonded
469	469	9 indebtedness) shall be authorized unless the commission
470	470	10 certifies the proposition of issuing such bonds to the proper
471	471	11 election officials, who shall submit the proposition to the
472	472	12 voters at an election in accordance with the general election
473	473	13 law, and the proposition has been approved by a majority of
474	474	14 those voting on the proposition.
475	475	15 The proposition shall be in the form provided in Section 5
476	476	16 or shall be substantially in the following form:
477	477	17 -------------
478	478	18 Shall general obligation
479	479	19 bonds for the purpose of
480	480	20 (state purpose), in the YES
481	481	21 sum of $....(insert amount), -----------------------------
482	482	22 be issued by the ......... NO
483	483	23 (insert corporate name of
484	484	24 the county water commission)?
485	485	25 -------------------------------------------------------------
486	486	26 (f) In order to carry out and perform its powers and
487	487
488	488
489	489
490	490
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493	493
494	494
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497	497	1 functions and duties under the provisions of this Act and
498	498	2 Division 135 of the Illinois Municipal Code, as modified and
499	499	3 supplemented by this Act, the governing body of any county
500	500	4 water commission may by ordinance levy annually upon all
501	501	5 taxable property within its territory a tax at a rate not to
502	502	6 exceed .005% of the value of such property, as equalized or
503	503	7 assessed by the Department of Revenue for the year in which the
504	504	8 levy is made. In addition, any county water commission may by
505	505	9 ordinance levy upon all taxable property within its territory,
506	506	10 for one year only, an additional tax for such purposes at a
507	507	11 rate not to exceed .20% of the value of such property, as
508	508	12 equalized or assessed by the Department of Revenue for that
509	509	13 year; provided, however, that such tax may not be levied more
510	510	14 than once in any county water commission.
511	511	15 (g) Any county water commission shall have the power to
512	512	16 borrow money, subject to the indebtedness limitation provided
513	513	17 in subsection (d), from the home county or included units, in
514	514	18 such amounts and in such terms as agreed by the governing
515	515	19 bodies of the commission and the home county or included
516	516	20 units.
517	517	21 (h) No county water commission constituted pursuant to the
518	518	22 Act shall engage in the retail sale or distribution of water to
519	519	23 residents or customers of any municipality.
520	520	24 (i) Nothing in the Section requires any municipality to
521	521	25 contract with a county water commission for a supply of water.
522	522	26 (j) The State of Illinois recognizes that any such
523	523
524	524
525	525
526	526
527	527
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533	533	1 contract for the supply of water executed by a unit of local
534	534	2 government and a county water commission may contain terms and
535	535	3 conditions intended by the parties thereto to be absolute
536	536	4 conditions thereof. The State of Illinois also recognizes that
537	537	5 persons may loan funds to a county water commission
538	538	6 (including, without limitation, the purchase of revenue or
539	539	7 general obligation bonds of such commission) in reliance upon
540	540	8 the terms and conditions of any such contract for the supply of
541	541	9 water. Therefore, the State of Illinois pledges and agrees to
542	542	10 those parties and persons which make loans of funds to a county
543	543	11 water commission that it will not impair or limit the power or
544	544	12 ability of a county water commission or a unit of local
545	545	13 government fully to carry out the financial obligations and
546	546	14 obligation to furnish water pursuant to the terms of any
547	547	15 contract for the supply of water entered into by such county
548	548	16 water commission or unit of local government for the term of
549	549	17 such contracts or loans. All other terms and conditions of
550	550	18 such contracts and intergovernmental agreements shall be
551	551	19 binding to the extent that they are not inconsistent with this
552	552	20 amendatory Act of the 93rd General Assembly.
553	553	21 (Source: P.A. 95-114, eff. 1-1-08.)
554	554	22 (70 ILCS 3720/6 new)
555	555	23 Sec. 6. As used in this Act:
556	556	24 "Construction-manager-at-risk delivery method" means a
557	557	25 delivery method in which the party proposing to be the
558	558
559	559
560	560
561	561
562	562
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564	564
565	565
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568	568	1 construction manager commits to be responsible for performance
569	569	2 of certain preconstruction services and, if the parties reach
570	570	3 agreement on key terms, becomes responsible for construction
571	571	4 of the project.
572	572	5 "Design-build delivery method" means a delivery system
573	573	6 that provides responsibility within a single contract for the
574	574	7 furnishing of architecture, engineering, land surveying, and
575	575	8 related services as required and the labor, materials,
576	576	9 equipment, and other construction services for the project.
577	577	10 "Design-build contract" means a contract for a public
578	578	11 project under this Division between a commission and a
579	579	12 design-build entity to furnish architecture, infrastructure,
580	580	13 engineering, land surveying, public art or interpretive
581	581	14 exhibits, and related services, as required, and the labor,
582	582	15 materials, equipment, and other construction services for the
583	583	16 project.
584	584	17 "Design-build entity" means any individual, sole
585	585	18 proprietorship, firm, partnership, joint venture, corporation,
586	586	19 professional corporation, or other entity that proposes to
587	587	20 design and construct any public project under this Division.
588	588	21 "Design professional" means any individual, sole
589	589	22 proprietorship, firm, partnership, joint venture, corporation,
590	590	23 professional corporation, or other entity that offers services
591	591	24 under the Illinois Architecture Practice Act of 1989, the
592	592	25 Professional Engineering Practice Act of 1989, the Structural
593	593	26 Engineering Practice Act of 1989, or the Illinois Professional
594	594
595	595
596	596
597	597
598	598
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601	601
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604	604	1 Land Surveyor Act of 1989.
605	605	2 "Evaluation criteria" means the requirements for the
606	606	3 separate phases of the selection process as defined in this
607	607	4 Division and may include the specialized experience, technical
608	608	5 qualifications and competence, capacity to perform, past
609	609	6 performance, experience with similar projects, assignment of
610	610	7 personnel to the project, and other appropriate factors.
611	611	8 "Proposal" means the offer to enter into a design-build
612	612	9 contract as submitted by a design-build entity in accordance
613	613	10 with this Division.
614	614	11 "Request for proposal" means the document used by the
615	615	12 commission to solicit proposals for a design-build contract.
616	616	13 "Scope and performance criteria" means the requirements
617	617	14 for the commission project, including, but not limited to, the
618	618	15 intended usage, capacity, size, scope, quality and performance
619	619	16 standards, life-cycle costs, and other programmatic criteria
620	620	17 that are expressed in performance-oriented and quantifiable
621	621	18 specifications and drawings that can be reasonably inferred
622	622	19 and are suited to allow a design-build entity to develop a
623	623	20 proposal.
624	624	21 (70 ILCS 3720/7 new)
625	625	22 Sec. 7. Commission facilities. A waterworks system or a
626	626	23 common source of supply of water, or both, purchased or
627	627	24 constructed by the commission: (1) may be located within or
628	628	25 without the corporate limits of any customer municipality; (2)
629	629
630	630
631	631
632	632
633	633
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635	635
636	636
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639	639	1 may include, or may consist of, without limitation, facilities
640	640	2 for receiving, storing, and transmitting water from any source
641	641	3 for supplying water to customer municipalities and other
642	642	4 purchasers of water from the commission; and (3) may include,
643	643	5 without limitation, facilities that are developed, acquired,
644	644	6 constructed, extended, or improved by the commission that may,
645	645	7 at any time, be owned by another unit of local government if
646	646	8 the facilities will serve the waterworks system or provide a
647	647	9 common source of supply of water for the commission.
648	648	10 (70 ILCS 3720/8 new)
649	649	11 Sec. 8. Construction contracts.
650	650	12 (a) All or any portion of a waterworks system or other
651	651	13 public improvement of a commission, when the expense thereof
652	652	14 will exceed the greater of (i) $25,000 or (ii) the amount of
653	653	15 expense above which a work or public improvement by a
654	654	16 municipality must be let to the lowest responsible bidder
655	655	17 after advertising for bids under Section 8-9-1 of the Illinois
656	656	18 Municipal Code, shall be constructed, maintained, or repaired
657	657	19 either: (1) by a contract let to the lowest responsible bidder
658	658	20 after advertising for bids, in the manner prescribed by the
659	659	21 commission's bylaws, rules, and regulations and by the vote
660	660	22 required as established in the water purchase and sale
661	661	23 contract; or (2) without advertising for bids, if authorized
662	662	24 by a vote of greater than a majority of all the commissioners
663	663	25 as established in an intergovernmental agreement. The
664	664
665	665
666	666
667	667
668	668
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670	670
671	671
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674	674	1 commission's bylaws, rules, and regulations shall provide for
675	675	2 an alternative procedure for emergency procurement if an
676	676	3 emergency makes it impracticable to follow the procedures in
677	677	4 this subsection.
678	678	5 (b) A commission may use alternative project delivery
679	679	6 methods if the commission determines it to be in the
680	680	7 commission's best interest for a particular project. An
681	681	8 alternative project delivery method may include, without
682	682	9 limitation, design-build delivery methods or
683	683	10 construction-manager-at-risk delivery methods. All notices for
684	684	11 the procurement of goods, services, or work to be provided
685	685	12 pursuant to an alternate delivery method shall include all
686	686	13 requirements for the goods, services, or work to be procured.
687	687	14 All awards of contracts or agreements for the procurement of
688	688	15 goods, services, or work to be provided pursuant to an
689	689	16 alternate delivery method shall be made on the basis of
690	690	17 demonstrated competence and qualifications and with due regard
691	691	18 for the principles of competitive selection. As part of an
692	692	19 alternate project delivery procurement process, prior to
693	693	20 submission of proposals, the commission may conduct meetings
694	694	21 and exchange confidential information with proposers to
695	695	22 promote understanding of the request for proposals, review
696	696	23 alternative design concepts, or discuss other issues related
697	697	24 to the procurement.
698	698	25 (c) A commission may establish goals or requirements for
699	699	26 the procurement of goods and services and for construction
700	700
701	701
702	702
703	703
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710	710	1 contracts to promote and encourage the continuing economic
711	711	2 development of (i) businesses that are owned and operated by
712	712	3 minorities, women, persons with disabilities, or veterans;
713	713	4 (ii) businesses that are located within the territory of one
714	714	5 or more of the municipalities that are members of the
715	715	6 commission; (iii) businesses that employ persons who reside in
716	716	7 the territory of one or more of the municipalities that are
717	717	8 members of the commission. A commission may also establish
718	718	9 other goals or requirements that result in the award to a
719	719	10 responsible bidder other than the lowest responsible bidder if
720	720	11 the commission determines that the award is in the
721	721	12 commission's best interests, notwithstanding the requirements
722	722	13 of subsection (a). Goals or requirements that are set by a
723	723	14 commission that result in a preference being applied to a
724	724	15 bidder or proposer, who has met those goals or requirements,
725	725	16 in a commission's process for awarding construction contracts
726	726	17 and for the procurement of goods and services must comply with
727	727	18 the constitutional standards applicable to the preferences.
728	728	19 (d) A customer municipality may enter into a contract for
729	729	20 any portion of a waterworks system or other public improvement
730	730	21 of a commission pursuant to a contracting method that is
731	731	22 consistent with the requirements applicable to the
732	732	23 municipality and generally consistent with the principles in
733	733	24 subsection (a) or (b). The commission may accept assignment of
734	734	25 such a contract and of payment obligations under that
735	735	26 contract.
736	736
737	737
738	738
739	739
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742	742
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746	746	1 (e) In connection with a contract by a commission for the
747	747	2 construction of all or any portion of a waterworks system or
748	748	3 other public improvement of the commission for which the
749	749	4 commission issues bonds, the commission must enter into a
750	750	5 project labor agreement with the applicable local building
751	751	6 trades council prior to the commencement of any and all
752	752	7 construction, building, renovation, demolition, or any
753	753	8 material change to the structure or land.
754	754	9 (70 ILCS 3720/9 new)
755	755	10 Sec. 9. Solicitation of proposals.
756	756	11 (a) A commission may enter into design-build contracts. In
757	757	12 addition to the requirements set forth in its local
758	758	13 ordinances, when the commission elects to use the design-build
759	759	14 delivery method, it must issue a notice of intent to receive
760	760	15 proposals for the project at least 14 days before issuing the
761	761	16 request for the proposal. The commission must publish the
762	762	17 advance notice online on its website. The commission may
763	763	18 publish the notice in construction industry publications or
764	764	19 post the notice on construction industry websites. A brief
765	765	20 description of the proposed procurement must be included in
766	766	21 the notice. The commission must provide a copy of the request
767	767	22 for proposal to any party requesting a copy.
768	768	23 (b) The request for proposal shall be prepared for each
769	769	24 project and must contain, without limitation, the following
770	770	25 information:
771	771
772	772
773	773
774	774
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777	777
778	778
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781	781	1 (1) The name of the commission.
782	782	2 (2) A preliminary schedule for the completion of the
783	783	3 contract.
784	784	4 (3) The proposed budget for the project, the source of
785	785	5 funds, and the currently available funds at the time the
786	786	6 request for proposal is submitted.
787	787	7 (4) Prequalification criteria for design-build
788	788	8 entities wishing to submit proposals. The Commission shall
789	789	9 include, at a minimum, its normal prequalification,
790	790	10 licensing, registration, and other requirements; however,
791	791	11 nothing precludes the use of additional prequalification
792	792	12 criteria by the commission.
793	793	13 (5) Material requirements of the contract, including,
794	794	14 but not limited to, the proposed terms and conditions,
795	795	15 required performance and payment bonds, and insurance.
796	796	16 (6) The performance criteria.
797	797	17 (7) The evaluation criteria for each phase of the
798	798	18 solicitation. Price may not be used as a factor in the
799	799	19 evaluation of Phase I proposals.
800	800	20 (8) The number of entities that will be considered for
801	801	21 the technical and cost evaluation phase.
802	802	22 (c) The commission may include any other relevant
803	803	23 information that it chooses to supply. The design-build entity
804	804	24 shall be entitled to rely upon the accuracy of this
805	805	25 documentation in the development of its proposal.
806	806	26 (d) The date that proposals are due must be at least 21
807	807
808	808
809	809
810	810
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817	817	1 calendar days after the date of the issuance of the request for
818	818	2 proposal. If the cost of the project is estimated to exceed
819	819	3 $12,000,000, then the proposal due date must be at least 28
820	820	4 calendar days after the date of the issuance of the request for
821	821	5 proposal. The commission shall include in the request for
822	822	6 proposal a minimum of 30 days to develop the Phase II
823	823	7 submissions after the selection of entities from the Phase I
824	824	8 evaluation is completed.
825	825	9 (70 ILCS 3720/10 new)
826	826	10 Sec. 10. Development of scope and performance criteria.
827	827	11 (a) The commission shall develop, with the assistance of a
828	828	12 licensed design professional or licensed professional
829	829	13 engineer, a request for proposal, which shall include scope
830	830	14 and performance criteria. The scope and performance criteria
831	831	15 must be in sufficient detail and contain adequate information
832	832	16 to reasonably apprise the qualified design-build entities of
833	833	17 the commission's overall programmatic needs and goals,
834	834	18 including criteria and preliminary design plans, general
835	835	19 budget parameters, schedule, and delivery requirements.
836	836	20 (b) Each request for proposal shall also include a
837	837	21 description of the level of design to be provided in the
838	838	22 proposals. This description must include the scope and type of
839	839	23 renderings, drawings, and specifications that, at a minimum,
840	840	24 will be required by the commission to be produced by the
841	841	25 design-build entities.
842	842
843	843
844	844
845	845
846	846
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848	848
849	849
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852	852	1 (c) The scope and performance criteria shall be prepared
853	853	2 by a licensed professional engineer who is an employee of the
854	854	3 commission, or the commission may contract with an independent
855	855	4 licensed professional engineer or engineering firm selected
856	856	5 under the Local Government Professional Services Selection Act
857	857	6 to provide these services.
858	858	7 (d) The design professional that prepares the scope and
859	859	8 performance criteria is prohibited from participating in any
860	860	9 design-build entity proposal for the project.
861	861	10 (e) The design-build contract may be conditioned upon
862	862	11 subsequent refinements in scope and price and may allow the
863	863	12 commission to make modifications in the project scope without
864	864	13 invalidating the design-build contract.
865	865	14 (70 ILCS 3720/11 new)
866	866	15 Sec. 11. Procedures for selection.
867	867	16 (a) The commission must use a 2-phase procedure for the
868	868	17 selection of the successful design-build entity. Phase I of
869	869	18 the procedure will evaluate and shortlist the design-build
870	870	19 entities based on qualifications, and Phase II will evaluate
871	871	20 the technical and cost proposals.
872	872	21 (b) The commission shall include in the request for
873	873	22 proposal the evaluating factors to be used in Phase I. These
874	874	23 factors are in addition to any prequalification requirements
875	875	24 of design-build entities that the commission has set forth.
876	876	25 Each request for proposal shall establish the relative
877	877
878	878
879	879
880	880
881	881
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883	883
884	884
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887	887	1 importance assigned to each evaluation factor and subfactor,
888	888	2 including any weighting of criteria to be employed by the
889	889	3 commission. The commission must maintain a record of the
890	890	4 evaluation scoring to be disclosed in event of a protest
891	891	5 regarding the solicitation.
892	892	6 The commission shall include the following criteria in
893	893	7 every Phase I evaluation of design-build entities: (i)
894	894	8 experience of personnel; (ii) successful experience with
895	895	9 similar project types; (iii) financial capability; (iv)
896	896	10 timeliness of past performance; (v) experience with similarly
897	897	11 sized projects; (vi) successful reference checks of the firm;
898	898	12 and (vii) commitment to assign personnel for the duration of
899	899	13 the project and qualifications of the entity's consultants.
900	900	14 The commission may include any additional relevant
901	901	15 criteria in Phase I that it deems necessary for a proper
902	902	16 qualification review. The commission may not consider any
903	903	17 design-build entity for evaluation or award if the entity has
904	904	18 any pecuniary interest in the project or has other
905	905	19 relationships or circumstances, including, but not limited to,
906	906	20 long-term leasehold, mutual performance, or development
907	907	21 contracts with the commission, that may give the design-build
908	908	22 entity a financial or tangible advantage over other
909	909	23 design-build entities in the preparation, evaluation, or
910	910	24 performance of the design-build contract or that create the
911	911	25 appearance of impropriety.
912	912	26 Upon completion of the qualifications evaluation, the
913	913
914	914
915	915
916	916
917	917
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923	923	1 commission shall create a shortlist of the most highly
924	924	2 qualified design-build entities. The commission, in its
925	925	3 discretion, is not required to shortlist the maximum number of
926	926	4 entities as identified for Phase II evaluation, provided that
927	927	5 no less than 2 design-build entities nor more than 6 are
928	928	6 selected to submit Phase II proposals. The commission shall
929	929	7 notify the entities selected for the shortlist in writing.
930	930	8 This notification shall commence the period for the
931	931	9 preparation of the Phase II technical and cost evaluations.
932	932	10 The commission must allow sufficient time for the shortlist
933	933	11 entities to prepare their Phase II submittals considering the
934	934	12 scope and detail requested by the commission.
935	935	13 (c) The commission shall include in the request for
936	936	14 proposal the evaluating factors to be used in the technical
937	937	15 and cost submission components of Phase II. Each request for
938	938	16 proposal shall establish, for both the technical and cost
939	939	17 submission components of Phase II, the relative importance
940	940	18 assigned to each evaluation factor and subfactor, including
941	941	19 any weighting of criteria to be employed by the commission.
942	942	20 The commission must maintain a record of the evaluation
943	943	21 scoring to be disclosed in event of a protest regarding the
944	944	22 solicitation.
945	945	23 The commission shall include the following criteria in
946	946	24 every Phase II technical evaluation of design-build entities:
947	947	25 (i) compliance with objectives of the project; (ii) compliance
948	948	26 of proposed services to the request for proposal requirements;
949	949
950	950
951	951
952	952
953	953
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955	955
956	956
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958	958	SB1887 - 26 - LRB104 07722 RTM 17767 b
959	959	1 (iii) quality of products or materials proposed; (iv) quality
960	960	2 of design parameters; (v) design concepts; (vi) innovation in
961	961	3 meeting the scope and performance criteria; and (vii)
962	962	4 constructability of the proposed project. The commission may
963	963	5 include any additional relevant technical evaluation factors
964	964	6 it deems necessary for proper selection.
965	965	7 The commission shall include the following criteria in
966	966	8 every Phase II cost evaluation: the total project cost; the
967	967	9 construction costs; and the time of completion. The commission
968	968	10 may include any additional relevant technical evaluation
969	969	11 factors it deems necessary for proper selection. The total
970	970	12 project cost criteria weighting factor shall not exceed 30%.
971	971	13 The commission shall directly employ or retain a licensed
972	972	14 professional engineer to evaluate the technical and cost
973	973	15 submissions to determine if the technical submissions are in
974	974	16 accordance with generally accepted industry standards.
975	975	17 Upon completion of the technical submissions and cost
976	976	18 submissions evaluation, the commission may award the
977	977	19 design-build contract to the highest overall ranked entity.
978	978	20 (70 ILCS 3720/12 new)
979	979	21 Sec. 12. Small projects. In any case where the total
980	980	22 overall cost of the project is estimated to be less than
981	981	23 $12,000,000, the commission may combine the 2-phase procedure
982	982	24 for selection described in Section 10 into one combined
983	983	25 procedure, provided that all the requirements of evaluation
984	984
985	985
986	986
987	987
988	988
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990	990
991	991
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993	993	SB1887 - 27 - LRB104 07722 RTM 17767 b
994	994	1 are performed in accordance with Section 11.
995	995	2 (70 ILCS 3720/13 new)
996	996	3 Sec. 13. Submission of proposals.
997	997	4 (a) Proposals must be properly identified and sealed.
998	998	5 Proposals may not be reviewed until after the deadline for
999	999	6 submission has passed as set forth in the request for
1000	1000	7 proposals. All design-build entities submitting proposals
1001	1001	8 shall be disclosed after the deadline for submission, and all
1002	1002	9 design-build entities who are selected for Phase II evaluation
1003	1003	10 shall also be disclosed at the time of that determination.
1004	1004	11 (b) Proposals shall include a bid bond in the form and
1005	1005	12 security as designated in the request for proposals. Proposals
1006	1006	13 shall also contain a separate sealed envelope with the cost
1007	1007	14 information within the overall proposal submission. Proposals
1008	1008	15 shall include a list of all design professionals and other
1009	1009	16 entities to which any work may be subcontracted during the
1010	1010	17 performance of the contract.
1011	1011	18 (c) Proposals must meet all material requirements of the
1012	1012	19 request for proposal or they may be rejected as
1013	1013	20 non-responsive. The commission has the right to reject any and
1014	1014	21 all proposals.
1015	1015	22 (d) The drawings and specifications of the proposal may
1016	1016	23 remain the property of the design-build entity.
1017	1017	24 (e) The commission shall review the proposals for
1018	1018	25 compliance with the performance criteria and evaluation
1019	1019
1020	1020
1021	1021
1022	1022
1023	1023
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1029	1029	1 factors.
1030	1030	2 (f) Proposals may be withdrawn prior to evaluation for any
1031	1031	3 cause. After evaluation begins by the commission, clear and
1032	1032	4 convincing evidence of error is required for withdrawal.
1033	1033	5 (70 ILCS 3720/14 new)
1034	1034	6 Sec. 14. Award; performance. The commission may award the
1035	1035	7 contract to the highest overall ranked entity. Notice of award
1036	1036	8 shall be made in writing. Unsuccessful entities shall also be
1037	1037	9 notified in writing. The commission may not request a best and
1038	1038	10 final offer after the receipt of proposals. The commission may
1039	1039	11 negotiate with the selected design-build entity after award
1040	1040	12 but prior to contract execution for the purpose of securing
1041	1041	13 better terms than originally proposed, provided that the
1042	1042	14 salient features of the request for proposal are not
1043	1043	15 diminished.
1044	1044	16 A design-build entity and associated design professionals
1045	1045	17 shall conduct themselves in accordance with the relevant laws
1046	1046	18 of this State and the related provisions of the Illinois
1047	1047	19 Administrative Code.
1048	1048	20 (70 ILCS 3720/15 new)
1049	1049	21 Sec. 15. Applicability. Sections 8 through 14 of this Act
1050	1050	22 shall apply notwithstanding anything to the contrary in
1051	1051	23 Division 135 of Article 11 of the Municipal Code.
1052	1052
1053	1053
1054	1054
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1062	1062	1 Section 10. The Illinois Municipal Code is amended by
1063	1063	2 changing Section 11-135-8 as follows:
1064	1064	3 (65 ILCS 5/11-135-8) (from Ch. 24, par. 11-135-8)
1065	1065	4 Sec. 11-135-8. Such commission shall have the right to
1066	1066	5 supply water to any municipality, political subdivision,
1067	1067	6 private person or corporation, in addition to the
1068	1068	7 municipalities which have formed the commission, and to
1069	1069	8 construct water transmission and distribution lines within a
1070	1070	9 radius of 50 25 miles outside the corporate limits of member
1071	1071	10 municipalities for the purpose of furnishing water to any
1072	1072	11 additional entities which contract with the commission for a
1073	1073	12 supply of water, upon such payment, terms and conditions as
1074	1074	13 may be mutually agreed upon. In addition to the foregoing
1075	1075	14 powers, if there is any municipality within a radius of 50 25
1076	1076	15 miles of the corporate limits of the commission which desires
1077	1077	16 not to own or operate a waterworks system, and such
1078	1078	17 municipality adopts an ordinance requesting the Commission to
1079	1079	18 supply water for public and domestic use within such
1080	1080	19 municipality, then any such commission may, when determined by
1081	1081	20 the Commissioners to be in the public interest and necessary
1082	1082	21 for the protection of the public health or in the best interest
1083	1083	22 of the Commission or its environs, enter into and perform
1084	1084	23 contracts, whether long term or short term, with any such
1085	1085	24 municipality, to acquire, construct and operate and maintain
1086	1086	25 its waterworks properties within the corporate limits of such
1087	1087
1088	1088
1089	1089
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1097	1097	1 municipality for the purpose of supplying water for public and
1098	1098	2 domestic use to the inhabitants thereof.
1099	1099	3 Such commission shall have the power to contract with any
1100	1100	4 person, corporation or political subdivision or any municipal
1101	1101	5 corporation or other agency for a supply of water, or to supply
1102	1102	6 water to such person, corporation, municipal corporation or
1103	1103	7 political subdivision. Any such contract made by a commission
1104	1104	8 for a supply of water may contain provisions whereby the
1105	1105	9 commission is obligated to pay for such supply of water
1106	1106	10 without setoff or counterclaim and irrespective of whether
1107	1107	11 such supply of water is ever furnished, made available or
1108	1108	12 delivered to the commission or whether any project for the
1109	1109	13 supply of water contemplated by any such contract is
1110	1110	14 completed, operable or operating and notwithstanding any
1111	1111	15 suspension, interruption, interference, reduction or
1112	1112	16 curtailment of the supply of water from such project. Any such
1113	1113	17 contract may provide that if one or more of the other
1114	1114	18 purchasers defaults in the payment of its obligations under
1115	1115	19 such contract or similar contract made with the supplier of
1116	1116	20 the water, one or more of the remaining purchasers party to
1117	1117	21 such contract or such similar contract shall be required to
1118	1118	22 pay for all or a portion of the obligations of the defaulting
1119	1119	23 purchasers. Any such contract entered into to supply water to
1120	1120	24 a municipal corporation or political subdivision shall provide
1121	1121	25 that the payments to be made thereunder shall be solely from
1122	1122	26 the revenues to be derived by such municipality or political
1123	1123
1124	1124
1125	1125
1126	1126
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