Full Text of SB0241 99th General Assembly
SB0241sam001 99TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 4/15/2016
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| 1 | | AMENDMENT TO SENATE BILL 241
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 241 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 3-14.20, 19b-1.1, 19b-1.2, 19b-1.3, 19b-1.4, 19b-2, 19b-3, | 6 | | 19b-4, 19b-5, 19b-7, and 19b-8 and by adding Sections 19b-1.5 | 7 | | and 19b-2.1 as follows:
| 8 | | (105 ILCS 5/3-14.20)
(from Ch. 122, par. 3-14.20)
| 9 | | Sec. 3-14.20. Building plans and specifications. To | 10 | | inspect the building
plans and specifications, including but | 11 | | not limited to plans and specifications
for the heating, | 12 | | ventilating, lighting, seating, water supply, toilets , energy | 13 | | conservation measures, and
safety against fire of public school | 14 | | rooms and buildings submitted to him by
school boards, and to | 15 | | approve all those which comply substantially with the
building | 16 | | code authorized in Section 2-3.12.
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| 1 | | If a municipality or,
in the
case of an unincorporated | 2 | | area, a county or, if applicable, a fire
protection district | 3 | | wishes to be notified of plans and specifications received
by a | 4 | | regional office of education for any future
construction or | 5 | | alteration of a public school facility located within that
| 6 | | entity's
jurisdiction, then the entity must register this wish | 7 | | with the regional
superintendent of schools. Within 10 days | 8 | | after the regional superintendent of
schools receives the
plans | 9 | | and specifications from a school board and prior to the bidding | 10 | | process,
he or she shall notify, in writing, the registered | 11 | | municipality and, if
applicable, the
registered fire | 12 | | protection district where the school that is being
constructed | 13 | | or altered lies that plans
and
specifications have been | 14 | | received. In the case of an unincorporated area, the
registered | 15 | | county
shall be notified. If the municipality, fire protection | 16 | | district, or county
requests a review of
the plans and | 17 | | specifications, then the school board shall submit a copy of | 18 | | the
plans and
specifications. The municipality and, if | 19 | | applicable, the fire protection
district or the county
may | 20 | | comment in writing on the plans and specifications based on the | 21 | | building
code
authorized in Section 2-3.12, referencing the | 22 | | specific code where a discrepancy
has been
identified, and | 23 | | respond back to the regional superintendent of schools within
| 24 | | 15 days
after a copy of the plans and specifications have been | 25 | | received or, if needed
for plan review, such additional time
as | 26 | | agreed to by the regional superintendent of
schools. This |
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| 1 | | review must be at no cost to the school district.
| 2 | | If
such plans and
specifications
are not approved or denied | 3 | | approval by the regional superintendent of schools
within 3 | 4 | | months after the date on which they are submitted to him or | 5 | | her, the
school board may submit such plans and specifications | 6 | | directly to the State
Superintendent of Education for approval | 7 | | or denial.
| 8 | | (Source: P.A. 94-225, eff. 7-14-05.)
| 9 | | (105 ILCS 5/19b-1.1) (from Ch. 122, par. 19b-1.1)
| 10 | | Sec. 19b-1.1. Energy conservation measure. "Energy | 11 | | conservation
measure" means any improvement, repair, | 12 | | alteration, or betterment of any
building or facility owned or | 13 | | operated by a school district or area
vocational center or any
| 14 | | equipment, fixture, or furnishing to be added to or used in any
| 15 | | such building or facility, according to plans and | 16 | | specifications designed and approved subject to the building | 17 | | code authorized in Section 2-3.12 of this Code,
that is | 18 | | proposed designed to reduce
energy consumption or operating | 19 | | costs, and may include, without limitation,
one or more of the | 20 | | following:
| 21 | | (1) Insulation of the building structure or systems | 22 | | within the building.
| 23 | | (2) Storm windows or doors, caulking or | 24 | | weatherstripping, multiglazed
windows or doors, heat | 25 | | absorbing or heat reflective glazed and coated
window or |
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| 1 | | door systems, additional glazing, reductions in glass | 2 | | area, or
other window and door system modifications that | 3 | | reduce energy consumption.
| 4 | | (3) Automated or computerized energy control systems.
| 5 | | (4) Heating, ventilating, or air conditioning system | 6 | | modifications or replacements.
| 7 | | (5) Replacement or modification of lighting fixtures | 8 | | to increase the
energy efficiency of the lighting system | 9 | | without increasing the overall
illumination of a facility, | 10 | | unless an increase in illumination is necessary
to conform | 11 | | to the applicable State or local building code for the | 12 | | lighting
system after the proposed modifications are made.
| 13 | | (6) Energy recovery systems.
| 14 | | (7) (Blank) Energy conservation measures that provide | 15 | | long-term operating cost
reductions .
| 16 | | (Source: P.A. 95-612, eff. 9-11-07.)
| 17 | | (105 ILCS 5/19b-1.2) (from Ch. 122, par. 19b-1.2)
| 18 | | Sec. 19b-1.2. Guaranteed energy savings contract. | 19 | | "Guaranteed energy
savings contract" means a contract for: (i) | 20 | | the implementation of an
energy audit, data collection, and | 21 | | other related analyses preliminary to
the undertaking of energy | 22 | | conservation measures; (ii) the evaluation and
recommendation | 23 | | of
energy conservation measures; (iii) the implementation of | 24 | | one or more
energy conservation measures; and (iv) the | 25 | | implementation of project
monitoring and data collection to |
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| 1 | | verify post-installation energy
consumption and energy-related | 2 | | operating costs. The contract shall provide
that all payments, | 3 | | except
obligations on termination of the contract before its | 4 | | expiration, are to be
made over time and that the savings are | 5 | | guaranteed to the extent necessary
to pay the costs of
the | 6 | | energy conservation measures. Energy saving may include energy | 7 | | reduction and offsetting sources of renewable energy funds | 8 | | including renewable energy credits and carbon credits.
| 9 | | (Source: P.A. 96-1197, eff. 7-22-10.)
| 10 | | (105 ILCS 5/19b-1.3) (from Ch. 122, par. 19b-1.3)
| 11 | | Sec. 19b-1.3. Qualified provider. "Qualified provider" | 12 | | means a person
or business whose employees are experienced and | 13 | | trained in the design,
implementation, or installation of
| 14 | | energy conservation measures. The minimum training required | 15 | | for any person
or employee under this Section shall be the | 16 | | satisfactory completion of at
least 40 hours of course | 17 | | instruction dealing with energy conservation
measures , and the | 18 | | person or business may not engage in the practice of | 19 | | architecture, engineering, or structural engineering unless | 20 | | the person is licensed or the business is registered in | 21 | | accordance with the Illinois Architecture Practice Act of 1989, | 22 | | the Professional Engineering Practice Act of 1989, or the | 23 | | Structural Engineering Practice Act of 1989, and the rules | 24 | | adopted pursuant to those Acts. A person or business may not | 25 | | engage in the practice of plumbing unless the person is |
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| 1 | | licensed in accordance with the Illinois Plumbing License Law . | 2 | | A qualified provider to whom the contract is
awarded shall give | 3 | | a sufficient bond to the school district or area
vocational | 4 | | center for its
faithful performance.
| 5 | | (Source: P.A. 92-767, eff. 8-6-02.)
| 6 | | (105 ILCS 5/19b-1.4) (from Ch. 122, par. 19b-1.4)
| 7 | | Sec. 19b-1.4. Request for proposals. "Request for | 8 | | proposals" means a
competitive selection achieved by
| 9 | | negotiated procurement. The request for proposals shall be | 10 | | submitted to the administrators of the Capital Development | 11 | | Board Procurement Bulletin for publication and
through at least | 12 | | one public notice, at least 30 days before the request
date in | 13 | | a newspaper published in the district or vocational center | 14 | | area, or
if no newspaper is
published in the district or | 15 | | vocational center area, in a newspaper of
general
circulation | 16 | | in the
area of the district or vocational center, from a school | 17 | | district or area
vocational center that will administer the
| 18 | | program, requesting innovative solutions and proposals for | 19 | | energy
conservation measures. Proposals submitted shall be | 20 | | sealed. The request
for proposals shall include all of the | 21 | | following:
| 22 | | (1) The name and address of the school district or area | 23 | | vocation
center.
| 24 | | (2) The name, address, title, and phone number of a | 25 | | contact person.
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| 1 | | (3) Notice indicating that the school district or area | 2 | | vocational
center is requesting qualified
providers to | 3 | | propose energy conservation measures through a guaranteed
| 4 | | energy savings contract.
| 5 | | (4) The date, time, and place where proposals must be | 6 | | received.
| 7 | | (5) The evaluation criteria for assessing the | 8 | | proposals.
| 9 | | (6) Any other stipulations and clarifications the | 10 | | school district or
area vocational center may require.
| 11 | | (Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
| 12 | | (105 ILCS 5/19b-1.5 new) | 13 | | Sec. 19b-1.5. Energy operating cost. "Energy operating | 14 | | cost" means any expenditure paid by a school district or area | 15 | | vocational center for the furnishing of heat, cold, power, | 16 | | electricity, water or light to any building or facility owned | 17 | | or operated by a school district or area vocational center.
| 18 | | (105 ILCS 5/19b-2) (from Ch. 122, par. 19b-2)
| 19 | | Sec. 19b-2. Evaluation of proposal ; performance review . | 20 | | Before entering into a guaranteed
energy savings contract under | 21 | | Section 19b-3, a school district or area
vocational center | 22 | | shall submit
a request for proposals. The school district or | 23 | | area vocational center
shall evaluate any sealed
proposal from | 24 | | a qualified provider. The evaluation shall analyze the |
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| 1 | | estimates
of all costs of installations, modifications or | 2 | | remodeling, including, without
limitation, costs of a | 3 | | pre-installation energy audit or analysis, design,
| 4 | | engineering, installation, maintenance, repairs, debt
service, | 5 | | conversions to a different energy or fuel source, or
| 6 | | post-installation project monitoring, data collection, and | 7 | | reporting. The
evaluation shall include a detailed analysis of | 8 | | whether either the energy
consumed or the energy operating | 9 | | costs, or both, will be reduced. If technical
assistance is not | 10 | | available by a licensed architect or registered
professional | 11 | | engineer on the school district or area vocational center
| 12 | | staff, then the evaluation of
the proposal shall be done by a | 13 | | registered professional engineer or
architect, who is retained | 14 | | by the school district or area vocational
center. A licensed | 15 | | architect or registered professional engineer evaluating a | 16 | | proposal or reviewing contract performance under this Section | 17 | | must not have any financial or contractual relationship with a | 18 | | qualified provider or other source that would constitute a | 19 | | conflict of interest. The school district or area vocational | 20 | | center may
pay a reasonable fee for evaluation of the proposal | 21 | | or the review of contract performance or include the fee as
| 22 | | part of the payments made under Section 19b-4.
| 23 | | Performance reviews shall be conducted at the discretion of | 24 | | the school district or area vocational center to verify the | 25 | | outcomes of the guaranteed energy savings contract and shall | 26 | | include any improvement, repair, alteration, or betterment of |
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| 1 | | any building or facility owned or operated by a school district | 2 | | or area vocational center or any equipment, fixture, or | 3 | | furnishing added to or used in any such building or facility. A | 4 | | qualified provider may not withhold the disclosure of | 5 | | information related to the content of a proposal or the | 6 | | performance of the contract. | 7 | | (Source: P.A. 95-612, eff. 9-11-07.)
| 8 | | (105 ILCS 5/19b-2.1 new) | 9 | | Sec. 19b-2.1. Submission of proposals. Proposals must be | 10 | | properly identified and sealed. Proposals may not be reviewed | 11 | | until after the deadline for submission has passed as set forth | 12 | | in the request for proposals. All qualified providers | 13 | | submitting proposals shall be disclosed after the deadline for | 14 | | submission but not before. Proposals shall identify the names | 15 | | of all parties to the proposed contract including those which | 16 | | may be subcontracted during the performance of the contract. | 17 | | Proposals must meet all material requirements of the request | 18 | | for proposal or they may be rejected as non-responsive. | 19 | | Proposals may be withdrawn prior to evaluation for any cause.
| 20 | | (105 ILCS 5/19b-3) (from Ch. 122, par. 19b-3)
| 21 | | Sec. 19b-3. Award of guaranteed energy savings contract. | 22 | | Sealed
proposals must be opened by a member or employee of the | 23 | | school board or
governing board of the area vocational center, | 24 | | whichever is applicable, at a
public opening at which the |
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| 1 | | contents of the proposals must be announced.
Each person or | 2 | | entity submitting a sealed proposal must receive at least 13
| 3 | | days notice of the time and place of the opening. The school
| 4 | | district or area vocational center shall select the qualified | 5 | | provider that
best meets the needs of
the district or area | 6 | | vocational center. The school district or area
vocational | 7 | | center shall provide public notice of the
meeting at which it | 8 | | proposes to award a guaranteed energy savings contract
of the | 9 | | names of the parties to the proposed contract and of the | 10 | | purpose of
the contract. The public notice shall be made at | 11 | | least 10 days prior to
the meeting. After evaluating the | 12 | | proposals under Section 19b-2, a school
district or area | 13 | | vocational center may enter into a guaranteed energy
savings | 14 | | contract with a
qualified provider if it finds that the amount | 15 | | it would spend on the energy
conservation measures recommended | 16 | | in the proposal would not exceed the
amount to be saved in | 17 | | either energy operating or operational costs , or both, within a | 18 | | 10-year
20-year period from the date of installation, if the
| 19 | | recommendations in
the proposal are followed. Contracts let or | 20 | | awarded must be submitted to the administrators of the Capital | 21 | | Development Board Procurement Bulletin for publication.
The | 22 | | final contract and any subsequent modifications and successful | 23 | | proposals, evaluations, and performance review shall be | 24 | | considered public records subject to inspection and copying by | 25 | | the public.
| 26 | | (Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
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| 1 | | (105 ILCS 5/19b-4) (from Ch. 122, par. 19b-4)
| 2 | | Sec. 19b-4. Guarantee. The guaranteed energy savings | 3 | | contract shall
include a written guarantee of the qualified | 4 | | provider that either the
energy operating or operational cost | 5 | | savings , or both, will meet or exceed within 10 20
years the | 6 | | costs of the energy conservation measures. The qualified | 7 | | provider
shall reimburse the school district or area vocational | 8 | | center for any
shortfall of guaranteed energy
savings projected | 9 | | in the contract. A qualified provider shall provide a
| 10 | | sufficient bond to the school district or area vocational | 11 | | center for the
installation and the
faithful performance of all | 12 | | the measures included in the contract. The
guaranteed energy | 13 | | savings contract may provide for payments over a period
of | 14 | | time, not to exceed 10 20 years from the date of final | 15 | | installation
of the
measures.
| 16 | | (Source: P.A. 92-767, eff. 8-6-02.)
| 17 | | (105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)
| 18 | | Sec. 19b-5. Installment payment contract; lease purchase | 19 | | agreement. A school district or
school districts in combination | 20 | | or an area vocational center may enter into
an
installment | 21 | | payment contract or lease purchase agreement with a qualified
| 22 | | provider or with a third party, as authorized by law, for the | 23 | | funding or financing of the purchase and installation of energy | 24 | | conservation measures by a qualified provider.
Every school |
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| 1 | | district or area vocational center may issue certificates
| 2 | | evidencing the indebtedness
incurred pursuant to the contracts | 3 | | or agreements. Any such contract or
agreement shall be valid | 4 | | whether or not an appropriation with respect
thereto is first | 5 | | included in any annual or supplemental budget adopted by
the | 6 | | school district or area vocational center. Each contract or | 7 | | agreement
entered
into by a school district or area vocational | 8 | | center pursuant to this
Section shall be authorized by
official | 9 | | action of the school board or governing board of the area | 10 | | vocational
center, whichever is applicable. The authority | 11 | | granted in this Section is in addition to any other authority | 12 | | granted by law. | 13 | | If an energy audit is performed by an energy services | 14 | | contractor for a school district within the 3 years immediately | 15 | | preceding the solicitation, then the school district must | 16 | | publish as a reference document in the solicitation for energy | 17 | | conservation measures the following:
| 18 | | (1) an executive summary of the energy audit provided | 19 | | that the school district may exclude any proprietary or | 20 | | trademarked information or practices; or | 21 | | (2) the energy audit provided that the school district | 22 | | may redact any proprietary or trademarked information or | 23 | | practices. | 24 | | A school district may not withhold the disclosure of | 25 | | information related to (i) the school district's consumption of | 26 | | energy or energy operating costs , (ii) the physical condition |
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| 1 | | of the school district's facilities, and (iii) any limitations | 2 | | prescribed by the school district. | 3 | | The solicitation must include a written disclosure that | 4 | | identifies any energy services contractor or qualified | 5 | | provider that participated in the preparation of the | 6 | | specifications issued by the school district. If no energy | 7 | | services contractor or qualified provider participated in the | 8 | | preparation of the specifications issued by the school | 9 | | district, then the solicitation must include a written | 10 | | disclosure that no energy services contractor or qualified | 11 | | provider participated in the preparation of the specifications | 12 | | for the school district. The written disclosure shall be | 13 | | published in the Capital Development Board Procurement | 14 | | Bulletin with the Request for Proposal. | 15 | | (Source: P.A. 96-1197, eff. 7-22-10; 97-333, eff. 8-12-11.)
| 16 | | (105 ILCS 5/19b-7) (from Ch. 122, par. 19b-7)
| 17 | | Sec. 19b-7. Energy operating Operational and energy cost | 18 | | savings. The school district or
area vocational center
shall | 19 | | document the operational and energy operating cost savings | 20 | | specified in the
guaranteed energy savings contract and | 21 | | designate and appropriate that
amount for an annual payment of | 22 | | the contract. If the annual energy operating cost savings
are | 23 | | less than projected under the guaranteed energy savings | 24 | | contract the
qualified
provider shall pay the difference as | 25 | | provided in Section 19b-4.
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| 1 | | (Source: P.A. 92-767, eff. 8-6-02.)
| 2 | | (105 ILCS 5/19b-8) (from Ch. 122, par. 19b-8)
| 3 | | Sec. 19b-8. Available funds. A school district or area | 4 | | vocational
center may use funds
designated for energy operating | 5 | | cost operating or capital expenditures for any guaranteed | 6 | | energy
savings contract including purchases using installment | 7 | | payment contracts or
lease purchase agreements. A school | 8 | | district or area vocational center
that enters into such a
| 9 | | contract or agreement may covenant in such contract or | 10 | | agreement that
payments made thereunder shall be payable from | 11 | | the first funds legally
available in each fiscal year.
| 12 | | (Source: P.A. 92-767, eff. 8-6-02.)".
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