Full Text of SB2045 101st General Assembly
SB2045 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2045 Introduced 2/15/2019, by Sen. Jennifer Bertino-Tarrant SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/3-14.20 | from Ch. 122, par. 3-14.20 | 105 ILCS 5/19b-1.1 | from Ch. 122, par. 19b-1.1 | 105 ILCS 5/19b-1.3 | from Ch. 122, par. 19b-1.3 | 105 ILCS 5/19b-2 | from Ch. 122, par. 19b-2 | 105 ILCS 5/19b-2.5 new | | 105 ILCS 5/19b-5 | from Ch. 122, par. 19b-5 |
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Amends the School Code. Provides that a duty of regional superintendents is to inspect the energy conservation measures of schools under the Code. In provisions concerning school energy conservation and savings measures, provides that qualified providers need to be licensed in accordance with the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, or the Structural Engineering Practice Act of 1989 in order to engage in the practice of architecture, engineering, or structural engineering. Provides for performance reviews and procedures for the submission of proposals. Makes other changes.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 3-14.20, 19b-1.1, 19b-1.3, 19b-2, and 19b-5 and by adding | 6 | | Section 19b-2.5 as follows:
| 7 | | (105 ILCS 5/3-14.20)
(from Ch. 122, par. 3-14.20)
| 8 | | Sec. 3-14.20. Building plans and specifications. To | 9 | | inspect the building
plans and specifications, including but | 10 | | not limited to plans and specifications
for the heating, | 11 | | ventilating, lighting, seating, water supply, toilets , energy | 12 | | conservation measures, and
safety against fire of public school | 13 | | rooms and buildings submitted to him by
school boards, and to | 14 | | approve all those which comply substantially with the
building | 15 | | code authorized in Section 2-3.12.
| 16 | | If a municipality or,
in the
case of an unincorporated | 17 | | area, a county or, if applicable, a fire
protection district | 18 | | wishes to be notified of plans and specifications received
by a | 19 | | regional office of education for any future
construction or | 20 | | alteration of a public school facility located within that
| 21 | | entity's
jurisdiction, then the entity must register this wish | 22 | | with the regional
superintendent of schools. Within 10 days | 23 | | after the regional superintendent of
schools receives the
plans |
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| 1 | | and specifications from a school board and prior to the bidding | 2 | | process,
he or she shall notify, in writing, the registered | 3 | | municipality and, if
applicable, the
registered fire | 4 | | protection district where the school that is being
constructed | 5 | | or altered lies that plans
and
specifications have been | 6 | | received. In the case of an unincorporated area, the
registered | 7 | | county
shall be notified. If the municipality, fire protection | 8 | | district, or county
requests a review of
the plans and | 9 | | specifications, then the school board shall submit a copy of | 10 | | the
plans and
specifications. The municipality and, if | 11 | | applicable, the fire protection
district or the county
may | 12 | | comment in writing on the plans and specifications based on the | 13 | | building
code
authorized in Section 2-3.12, referencing the | 14 | | specific code where a discrepancy
has been
identified, and | 15 | | respond back to the regional superintendent of schools within
| 16 | | 15 days
after a copy of the plans and specifications have been | 17 | | received or, if needed
for plan review, such additional time
as | 18 | | agreed to by the regional superintendent of
schools. This | 19 | | review must be at no cost to the school district.
| 20 | | If
such plans and
specifications
are not approved or denied | 21 | | approval by the regional superintendent of schools
within 3 | 22 | | months after the date on which they are submitted to him or | 23 | | her, the
school board may submit such plans and specifications | 24 | | directly to the State
Superintendent of Education for approval | 25 | | or denial.
| 26 | | (Source: P.A. 94-225, eff. 7-14-05.)
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| 1 | | (105 ILCS 5/19b-1.1) (from Ch. 122, par. 19b-1.1)
| 2 | | Sec. 19b-1.1. Energy conservation measure. "Energy | 3 | | conservation
measure" means any improvement, repair, | 4 | | alteration, or betterment of any
building or facility owned or | 5 | | operated by a school district or area
vocational center or any
| 6 | | equipment, fixture, or furnishing to be added to or used in any
| 7 | | such building or facility, according to plans and | 8 | | specifications designed and approved subject to the building | 9 | | code authorized in Section 2-3.12 of this Code,
that is | 10 | | designed to reduce
energy consumption or operating costs, and | 11 | | may include, without limitation,
one or more of the following:
| 12 | | (1) Insulation of the building structure or systems | 13 | | within the building.
| 14 | | (2) Storm windows or doors, caulking or | 15 | | weatherstripping, multiglazed
windows or doors, heat | 16 | | absorbing or heat reflective glazed and coated
window or | 17 | | door systems, additional glazing, reductions in glass | 18 | | area, or
other window and door system modifications that | 19 | | reduce energy consumption.
| 20 | | (3) Automated or computerized energy control systems.
| 21 | | (4) Heating, ventilating, or air conditioning system | 22 | | modifications or replacements.
| 23 | | (5) Replacement or modification of lighting fixtures | 24 | | to increase the
energy efficiency of the lighting system | 25 | | without increasing the overall
illumination of a facility, |
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| 1 | | unless an increase in illumination is necessary
to conform | 2 | | to the applicable State or local building code for the | 3 | | lighting
system after the proposed modifications are made.
| 4 | | (6) Energy recovery systems.
| 5 | | (7) Energy conservation measures that provide | 6 | | long-term operating cost
reductions.
| 7 | | (Source: P.A. 95-612, eff. 9-11-07.)
| 8 | | (105 ILCS 5/19b-1.3) (from Ch. 122, par. 19b-1.3)
| 9 | | Sec. 19b-1.3. Qualified provider. "Qualified provider" | 10 | | means a person
or business whose employees are experienced and | 11 | | trained in the design,
implementation, or installation of
| 12 | | energy conservation measures. The minimum training required | 13 | | for any person
or employee under this Section shall be the | 14 | | satisfactory completion of at
least 40 hours of course | 15 | | instruction dealing with energy conservation
measures , and the | 16 | | person or business may not engage in the practice of | 17 | | architecture, engineering, or structural engineering unless | 18 | | the person is licensed or the business is registered in | 19 | | accordance with the Illinois Architecture Practice Act of 1989, | 20 | | the Professional Engineering Practice Act of 1989, or the | 21 | | Structural Engineering Practice Act of 1989 and the rules | 22 | | adopted pursuant to those Acts . A qualified provider to whom | 23 | | the contract is
awarded shall give a sufficient bond to the | 24 | | school district or area
vocational center for its
faithful | 25 | | performance.
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| 1 | | (Source: P.A. 92-767, eff. 8-6-02.)
| 2 | | (105 ILCS 5/19b-2) (from Ch. 122, par. 19b-2)
| 3 | | Sec. 19b-2. Evaluation of proposal ; performance review . | 4 | | Before entering into a guaranteed
energy savings contract under | 5 | | Section 19b-3, a school district or area
vocational center | 6 | | shall submit
a request for proposals. The school district or | 7 | | area vocational center
shall evaluate any sealed
proposal from | 8 | | a qualified provider. The evaluation shall analyze the | 9 | | estimates
of all costs of installations, modifications or | 10 | | remodeling, including, without
limitation, costs of a | 11 | | pre-installation energy audit or analysis, design,
| 12 | | engineering, installation, maintenance, repairs, debt
service, | 13 | | conversions to a different energy or fuel source, or
| 14 | | post-installation project monitoring, data collection, and | 15 | | reporting. The
evaluation shall include a detailed analysis of | 16 | | whether either the energy
consumed or the operating costs, or | 17 | | both, will be reduced. If technical
assistance is not available | 18 | | by a licensed architect or registered
professional engineer on | 19 | | the school district or area vocational center
staff, then the | 20 | | evaluation of
the proposal shall be done by a registered | 21 | | professional engineer or
architect, who is retained by the | 22 | | school district or area vocational
center. A licensed architect | 23 | | or registered professional engineer evaluating a proposal or | 24 | | reviewing contract performance under this Section must not have | 25 | | any financial or contractual relationship with a qualified |
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| 1 | | provider or other source that would constitute a conflict of | 2 | | interest. The school district or area vocational center may
pay | 3 | | a reasonable fee for evaluation of the proposal or the review | 4 | | of contract performance or include the fee as
part of the | 5 | | payments made under Section 19b-4.
| 6 | | Performance reviews shall be conducted by the school | 7 | | district or area vocational center to verify the outcomes of | 8 | | the guaranteed energy savings contract and shall include any | 9 | | improvement, repair, alteration, or betterment of any building | 10 | | or facility owned or operated by the school district or area | 11 | | vocational center or any equipment, fixture, or furnishing | 12 | | added to or used in any such building or facility. A | 13 | | performance review may be performed during a safety survey | 14 | | under Section 2-3.12. A qualified provider may not withhold the | 15 | | disclosure of information related to the content of a proposal | 16 | | or the performance of a contract. | 17 | | (Source: P.A. 95-612, eff. 9-11-07.)
| 18 | | (105 ILCS 5/19b-2.5 new) | 19 | | Sec. 19b-2.5. Submission of proposals. Proposals must be | 20 | | properly identified and sealed. Proposals may not be reviewed | 21 | | until after the deadline for submission has passed as set forth | 22 | | in the request for proposals. All qualified providers | 23 | | submitting proposals shall be disclosed after the deadline for | 24 | | submission but not before. Proposals shall identify the names | 25 | | of all parties to the proposed contract, including those that |
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| 1 | | may be subcontracting during the performance of the contract. | 2 | | Proposals must meet all material requirements of the request | 3 | | for proposals, or they may be rejected as non-responsive. | 4 | | Proposals may be withdrawn prior to evaluation for any cause. | 5 | | No person or business who contracts with a school district or | 6 | | area vocational center to write specifications or otherwise | 7 | | provides specifications or assessments for a procurement need | 8 | | under this Section shall submit a bid or proposal or receive a | 9 | | contract for that procurement need. The specifications or | 10 | | assessments may be provided at no cost by a vendor or may be | 11 | | provided by the school district or area vocational center | 12 | | itself.
| 13 | | (105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)
| 14 | | Sec. 19b-5. Installment payment contract; lease purchase | 15 | | agreement. A school district or
school districts in combination | 16 | | or an area vocational center may enter into
an
installment | 17 | | payment contract or lease purchase agreement with a qualified
| 18 | | provider or with a third party, as authorized by law, for the | 19 | | funding or financing of the purchase and installation of energy | 20 | | conservation measures by a qualified provider.
Every school | 21 | | district or area vocational center may issue certificates
| 22 | | evidencing the indebtedness
incurred pursuant to the contracts | 23 | | or agreements. Any such contract or
agreement shall be valid | 24 | | whether or not an appropriation with respect
thereto is first | 25 | | included in any annual or supplemental budget adopted by
the |
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| 1 | | school district or area vocational center. Each contract or | 2 | | agreement
entered
into by a school district or area vocational | 3 | | center pursuant to this
Section shall be authorized by
official | 4 | | action of the school board or governing board of the area | 5 | | vocational
center, whichever is applicable. The authority | 6 | | granted in this Section is in addition to any other authority | 7 | | granted by law. | 8 | | If an energy audit is performed by an energy services | 9 | | contractor for a school district within the 3 years immediately | 10 | | preceding the solicitation, then the school district must | 11 | | publish as a reference document in the solicitation for energy | 12 | | conservation measures the following:
| 13 | | (1) an executive summary of the energy audit provided | 14 | | that the school district may exclude any proprietary or | 15 | | trademarked information or practices; or | 16 | | (2) the energy audit provided that the school district | 17 | | may redact any proprietary or trademarked information or | 18 | | practices. | 19 | | A school district may not withhold the disclosure of | 20 | | information related to (i) the school district's consumption of | 21 | | energy, (ii) the physical condition of the school district's | 22 | | facilities, and (iii) any limitations prescribed by the school | 23 | | district. | 24 | | The solicitation must include a written disclosure that | 25 | | identifies any energy services contractor or qualified | 26 | | provider that participated in the preparation of the |
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| 1 | | specifications issued by the school district. If no energy | 2 | | services contractor or qualified provider participated in the | 3 | | preparation of the specifications issued by the school | 4 | | district, then the solicitation must include a written | 5 | | disclosure that no energy services contractor or qualified | 6 | | provider participated in the preparation of the specifications | 7 | | for the school district. The written disclosure shall be | 8 | | published in the Capital Development Board Procurement | 9 | | Bulletin with the Request for Proposal. | 10 | | (Source: P.A. 96-1197, eff. 7-22-10; 97-333, eff. 8-12-11.)
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