Full Text of HB2119 103rd General Assembly
HB2119 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2119 Introduced 2/7/2023, by Rep. Joyce Mason 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-1.2 | from Ch. 122, par. 19b-1.2 | 105 ILCS 5/19b-1.3 | from Ch. 122, par. 19b-1.3 | 105 ILCS 5/19b-1.4 | from Ch. 122, par. 19b-1.4 | 105 ILCS 5/19b-1.5 new | | 105 ILCS 5/19b-2 | from Ch. 122, par. 19b-2 | 105 ILCS 5/19b-2.1 new | | 105 ILCS 5/19b-3 | from Ch. 122, par. 19b-3 | 105 ILCS 5/19b-4 | from Ch. 122, par. 19b-4 | 105 ILCS 5/19b-5 | from Ch. 122, par. 19b-5 | 105 ILCS 5/19b-7 | from Ch. 122, par. 19b-7 | 105 ILCS 5/19b-8 | from Ch. 122, par. 19b-8 | 105 ILCS 5/19b-90 new | |
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Amends the School Code. Provides that a duty of the regional superintendent of schools is to inspect and approve school building plans and specifications for energy conservation measures. In the Article concerning school energy conservation and saving measures, makes changes concerning definitions, the evaluation and submission of guaranteed energy savings contract proposals, performance reviews, the award of a contract, the written guarantee, installment payment contracts and lease purchase agreements, cost savings, available funds, an energy savings template, qualified providers, and the Smart Energy Design Assistance Center.
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| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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| | 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-1.2, 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 | | 19b-2.1, and 19b-90 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 resulting in building construction, | 14 | | renovations, or modifications, and
safety against fire of | 15 | | public school rooms and buildings submitted to the regional | 16 | | superintendent of schools him by
school boards, and to approve | 17 | | all those which comply substantially with the
building code | 18 | | authorized in Section 2-3.12.
| 19 | | If a municipality or,
in the
case of an unincorporated | 20 | | area, a county or, if applicable, a fire
protection district | 21 | | wishes to be notified of plans and specifications received
by | 22 | | a regional office of education for any future
construction or | 23 | | alteration of a public school facility located within that
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| 1 | | entity's
jurisdiction, then the entity must register this wish | 2 | | with the regional
superintendent of schools. Within 10 days | 3 | | after the regional superintendent of
schools receives the
| 4 | | plans and specifications from a school board and prior to the | 5 | | bidding process,
he or she shall notify, in writing, the | 6 | | registered municipality and, if
applicable, the
registered | 7 | | fire protection district where the school that is being
| 8 | | constructed or altered lies that plans
and
specifications have | 9 | | been received. In the case of an unincorporated area, the
| 10 | | registered county
shall be notified. If the municipality, fire | 11 | | protection district, or county
requests a review of
the plans | 12 | | and specifications, then the school board shall submit a copy | 13 | | of the
plans and
specifications. The municipality and, if | 14 | | applicable, the fire protection
district or the county
may | 15 | | comment in writing on the plans and specifications based on | 16 | | the building
code
authorized in Section 2-3.12, referencing | 17 | | the specific code where a discrepancy
has been
identified, and | 18 | | respond back to the regional superintendent of schools within
| 19 | | 15 days
after a copy of the plans and specifications have been | 20 | | received or, if needed
for plan review, such additional time
| 21 | | as agreed to by the regional superintendent of
schools. This | 22 | | review must be at no cost to the school district.
| 23 | | If
such plans and
specifications
are not approved or | 24 | | denied approval by the regional superintendent of schools
| 25 | | within 3 months after the date on which they are submitted to | 26 | | him or her, the
school board may submit such plans and |
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| 1 | | specifications directly to the State
Superintendent of | 2 | | Education for approval or denial.
| 3 | | (Source: P.A. 94-225, eff. 7-14-05.)
| 4 | | (105 ILCS 5/19b-1.1) (from Ch. 122, par. 19b-1.1)
| 5 | | Sec. 19b-1.1. Energy conservation measure. "Energy | 6 | | conservation
measure" means any improvement, repair, | 7 | | alteration, or betterment of any
building or facility owned or | 8 | | operated by a school district or area
vocational center or any
| 9 | | equipment, fixture, or furnishing to be added to or used in any
| 10 | | such building or facility, according to plans and | 11 | | specifications designed and approved subject to the building | 12 | | code authorized in Section 2-3.12 of this Code,
that is | 13 | | proposed designed to reduce
energy consumption or operating | 14 | | costs, and may include, without limitation,
one or more of the | 15 | | following:
| 16 | | (1) Insulation of the building structure or systems | 17 | | within the building.
| 18 | | (2) Storm windows or doors, caulking or | 19 | | weatherstripping, multiglazed
windows or doors, heat | 20 | | absorbing or heat reflective glazed and coated
window or | 21 | | door systems, additional glazing, reductions in glass | 22 | | area, or
other window and door system modifications that | 23 | | reduce energy operating costs consumption .
| 24 | | (3) Automated or computerized energy control systems.
| 25 | | (4) Heating, ventilating, or air conditioning system |
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| 1 | | modifications or replacements.
| 2 | | (5) Replacement or modification of lighting fixtures | 3 | | to increase the
energy efficiency of the lighting system | 4 | | without increasing the overall
illumination of a facility, | 5 | | unless an increase in illumination is necessary
to conform | 6 | | to the applicable State or local building code for the | 7 | | lighting
system after the proposed modifications are made.
| 8 | | (6) Energy recovery systems.
| 9 | | (7) (Blank). Energy conservation measures that provide | 10 | | long-term operating cost
reductions.
| 11 | | "Energy conservation measure" does not include new | 12 | | construction or building additions beyond the square footage | 13 | | and footprint of existing buildings or structures, except | 14 | | areas required for the primary use of mechanical and | 15 | | electrical upgrades or as necessary for the sole use of an | 16 | | energy unit installation, such as geothermal or solar array | 17 | | equipment. "Energy conservation measure" does not include new | 18 | | or additional spaces, such as classrooms, gymnasiums, or | 19 | | administrative or common areas, or site renovations, such as | 20 | | parking lots, playgrounds, athletic fields, or track and field | 21 | | areas. New construction or additions shall be designed and | 22 | | constructed in accordance with applicable energy conservation | 23 | | laws and codes and may not be included in the calculations of | 24 | | any energy savings with respect to a guaranteed energy savings | 25 | | contract. | 26 | | (Source: P.A. 95-612, eff. 9-11-07.)
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| 1 | | (105 ILCS 5/19b-1.2) (from Ch. 122, par. 19b-1.2)
| 2 | | Sec. 19b-1.2. Guaranteed energy savings contract. | 3 | | "Guaranteed energy
savings contract" means a contract for: (i) | 4 | | the implementation of an
energy audit, an investment grade | 5 | | audit, data collection, and other related analyses preliminary | 6 | | to
the undertaking of energy conservation measures; (ii) the | 7 | | evaluation and
recommendation of
energy conservation measures; | 8 | | (iii) the implementation of one or more
energy conservation | 9 | | measures; and (iv) the implementation of project
monitoring | 10 | | and data collection to verify post-installation energy
| 11 | | consumption and energy-related operating costs. The contract | 12 | | shall provide
that all payments, except
obligations on | 13 | | termination of the contract before its expiration, are to be
| 14 | | made over time and that the savings are guaranteed to the | 15 | | extent necessary
to pay the costs of
the energy conservation | 16 | | measures. Energy saving may include energy reduction and | 17 | | offsetting sources of renewable energy funds including | 18 | | renewable energy credits and carbon credits. A contract may be | 19 | | subject to change orders in the ordinary course of a | 20 | | construction project but may not be amended to include | 21 | | projects not originally included in the request for proposals | 22 | | required by Section 19b-1.4 of this Code.
| 23 | | (Source: P.A. 96-1197, eff. 7-22-10.)
| 24 | | (105 ILCS 5/19b-1.3) (from Ch. 122, par. 19b-1.3)
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| 1 | | Sec. 19b-1.3. Qualified provider. "Qualified provider" | 2 | | means a person
or business whose employees are experienced and | 3 | | trained in the design,
implementation, or installation of
| 4 | | energy conservation measures. The minimum training required | 5 | | for any person
or employee under this Section shall be the | 6 | | satisfactory completion of at
least 40 hours of course | 7 | | instruction dealing with energy conservation
measures . A | 8 | | person or business may not engage in the practice of | 9 | | architecture, engineering, or structural engineering unless | 10 | | the person is licensed or the business is registered in | 11 | | accordance with the Illinois Architecture Practice Act of | 12 | | 1989, the Professional Engineering Practice Act of 1989, or | 13 | | the Structural Engineering Practice Act of 1989 and the rules | 14 | | adopted pursuant to those Acts. A person or business may not | 15 | | engage in the practice of plumbing unless the person is | 16 | | licensed in accordance with the Illinois Plumbing License Law . | 17 | | A qualified provider to whom the contract is
awarded shall | 18 | | give a sufficient bond to the school district or area
| 19 | | vocational center for its
faithful performance.
| 20 | | (Source: P.A. 92-767, eff. 8-6-02.)
| 21 | | (105 ILCS 5/19b-1.4) (from Ch. 122, par. 19b-1.4)
| 22 | | Sec. 19b-1.4. Request for proposals. "Request for | 23 | | proposals" means a
competitive selection achieved by
| 24 | | negotiated procurement. The request for proposals shall be | 25 | | submitted to the administrators of the Capital Development |
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| 1 | | Board Procurement Bulletin for publication and
through at | 2 | | least one public notice, at least 30 days before the request
| 3 | | date in a newspaper published in the district or vocational | 4 | | center area, or
if no newspaper is
published in the district or | 5 | | vocational center area, in a newspaper of
general
circulation | 6 | | in the
area of the district or vocational center, from a school | 7 | | district or area
vocational center that will administer the
| 8 | | program, requesting innovative solutions and proposals for | 9 | | energy
conservation measures. Proposals submitted shall be | 10 | | sealed. The request
for proposals shall include all of the | 11 | | following:
| 12 | | (1) The name and address of the school district or | 13 | | area vocation
center.
| 14 | | (2) The name, address, title, and phone number of a | 15 | | contact person.
| 16 | | (3) Notice indicating that the school district or area | 17 | | vocational
center is requesting qualified
providers to | 18 | | propose energy conservation measures through a guaranteed
| 19 | | energy savings contract.
| 20 | | (4) The date, time, and place where proposals must be | 21 | | received.
| 22 | | (5) The evaluation criteria for assessing the | 23 | | proposals.
| 24 | | (6) Any other stipulations and clarifications the | 25 | | school district or
area vocational center may require.
| 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-1.5 new) | 2 | | Sec. 19b-1.5. Energy operating cost. "Energy operating | 3 | | cost" means any expenditure paid by a school district or area | 4 | | vocational center to a third party for the furnishing of heat, | 5 | | cold, power, electricity, water, or light to any building or | 6 | | facility owned or operated by a school district or area | 7 | | vocational center. "Energy operating cost" shall be directly | 8 | | related to the energy consumption costs of a structure paid to | 9 | | a utility provider. "Energy operating cost" does not include | 10 | | calculations related to general maintenance and custodial | 11 | | costs, including, but not limited to, window cleaning, floor | 12 | | waxing, carpet vacuuming and cleaning, the mowing of lawns, | 13 | | trash removal, playground maintenance, parking lot | 14 | | maintenance, and similar costs.
| 15 | | (105 ILCS 5/19b-2) (from Ch. 122, par. 19b-2)
| 16 | | Sec. 19b-2. Evaluation of proposal ; performance review . | 17 | | Before entering into a guaranteed
energy savings contract | 18 | | under Section 19b-3, a school district or area
vocational | 19 | | center shall submit
a request for proposals. The school | 20 | | district or area vocational center
shall evaluate any sealed
| 21 | | proposal from a qualified provider. The evaluation shall | 22 | | analyze the estimates
of all costs of installations, | 23 | | modifications or remodeling, including, without
limitation, | 24 | | costs of a pre-installation energy audit or analysis, design,
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| 1 | | engineering, installation, maintenance, repairs, debt
service, | 2 | | conversions to a different energy or fuel source, or
| 3 | | post-installation project monitoring, data collection, and | 4 | | reporting. The
evaluation shall include a detailed analysis of | 5 | | whether either the energy
consumed or the energy operating | 6 | | costs , or both, will be reduced and shall be submitted to the | 7 | | administrators of the Capital Development Board for | 8 | | publication in the Illinois Procurement Bulletin . If technical
| 9 | | assistance is not available by a licensed architect or | 10 | | registered
professional engineer on the school district or | 11 | | area vocational center
staff, then the evaluation of
the | 12 | | proposal shall be done by a registered professional engineer | 13 | | or
architect, who is retained by the school district or area | 14 | | vocational
center. A licensed architect or registered | 15 | | professional engineer evaluating a proposal or reviewing | 16 | | contract performance under this Section must certify in | 17 | | writing that he or she does not have any financial or | 18 | | contractual relationship with a qualified provider or other | 19 | | source that would constitute a conflict of interest. The | 20 | | school district or area vocational center may
pay a reasonable | 21 | | fee for evaluation of the proposal or the review of contract | 22 | | performance or include the fee as
part of the payments made | 23 | | under Section 19b-4.
| 24 | | Performance reviews shall be conducted by the school board | 25 | | of the school district or the governing board of the area | 26 | | vocational center at least once every 4 years or at shorter |
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| 1 | | intervals at the discretion of the school district or area | 2 | | vocational center to verify the outcomes of the guaranteed | 3 | | energy savings contract and shall include any improvement, | 4 | | repair, alteration, or betterment of any building or facility | 5 | | owned or operated by the school district or area vocational | 6 | | center or any equipment, fixture, or furnishing added to or | 7 | | used in any such building or facility. A qualified provider | 8 | | may not withhold the disclosure of information related to the | 9 | | content of a proposal or the performance of the contract. | 10 | | (Source: P.A. 95-612, eff. 9-11-07.)
| 11 | | (105 ILCS 5/19b-2.1 new) | 12 | | Sec. 19b-2.1. Submission of proposals. Proposals must be | 13 | | properly identified. Proposals may not be reviewed until after | 14 | | the deadline for submission has passed as set forth in the | 15 | | request for proposals. All qualified providers identified by | 16 | | the Smart Energy Design Assistance Center (SEDAC), in | 17 | | consultation with the Capital Development Board, pursuant to | 18 | | subsection (b) of Section 19b-90 of this Code that submit | 19 | | proposals shall be disclosed after the deadline for submission | 20 | | but not before. Proposals shall identify the names of all | 21 | | parties to the proposed contract, including those that may be | 22 | | subcontracted during the performance of the contract. A | 23 | | proposal must meet all material requirements of the request | 24 | | for proposal or the proposal may be rejected as nonresponsive. | 25 | | Proposals may be withdrawn prior to evaluation for any cause. |
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| 1 | | No person or business that contracts with a school district or | 2 | | area vocational center to write specifications or otherwise | 3 | | provides specifications or assessments for a procurement need | 4 | | under this Section shall submit a bid or proposal or receive a | 5 | | contract for that procurement need. All projects procured | 6 | | under this Section shall comply with Section 2-3.12 of this | 7 | | Code and the Health/Life Safety Code for Public Schools set | 8 | | forth in 23 Ill. Adm. Code 180, if applicable, and are subject | 9 | | to review by the regional office of education.
| 10 | | (105 ILCS 5/19b-3) (from Ch. 122, par. 19b-3)
| 11 | | Sec. 19b-3. Award of guaranteed energy savings contract. | 12 | | Sealed
proposals must be opened by a member or employee of the | 13 | | school board or
governing board of the area vocational center, | 14 | | whichever is applicable, at a
public opening at which the | 15 | | contents of the proposals must be announced.
Each person or | 16 | | entity submitting a sealed proposal must receive at least 13
| 17 | | days notice of the time and place of the opening. The school
| 18 | | district or area vocational center shall select the lowest | 19 | | responsive and responsible qualified provider that
best meets | 20 | | the needs of
the district or area vocational center. The | 21 | | school district or area
vocational center shall provide public | 22 | | notice of the
meeting at which it proposes to award a | 23 | | guaranteed energy savings contract
of the names of the parties | 24 | | to the proposed contract and of the purpose of
the contract. | 25 | | The public notice shall be made at least 10 days prior to
the |
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| 1 | | meeting. After evaluating the proposals under Section 19b-2, a | 2 | | school
district or area vocational center may enter into a | 3 | | guaranteed energy
savings contract with a
qualified provider | 4 | | if it finds that the amount it would spend on the energy
| 5 | | conservation measures recommended in the proposal would not | 6 | | exceed the
amount to be saved in either energy operating or | 7 | | operational costs for the reasonably projected payback period | 8 | | for the improvements, as certified by resolution of the school | 9 | | district or area vocational center, or 20 years, whichever is | 10 | | less , or both, within a
20-year period from the date of | 11 | | installation, if the
recommendations in
the proposal are | 12 | | followed. Contracts let or awarded must be submitted to the | 13 | | administrators of the Capital Development Board Procurement | 14 | | Bulletin for publication.
The final contract and any | 15 | | subsequent modifications and successful proposals, | 16 | | evaluations, and the performance review shall be considered | 17 | | public records under the Freedom of Information Act and | 18 | | subject to inspection and copying by the public.
| 19 | | (Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
| 20 | | (105 ILCS 5/19b-4) (from Ch. 122, par. 19b-4)
| 21 | | Sec. 19b-4. Guarantee. The guaranteed energy savings | 22 | | contract shall
include a written guarantee of the qualified | 23 | | provider that either the
energy operating or operational cost | 24 | | savings , or both, will meet or exceed , within the reasonably | 25 | | projected payback period for the improvements, as certified by |
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| 1 | | resolution of the school district or area vocational center, | 2 | | or 20 years , whichever is less, the costs of the energy | 3 | | conservation measures. The qualified provider
shall reimburse | 4 | | the school district or area vocational center for any
| 5 | | shortfall of guaranteed energy
savings projected in the | 6 | | contract. A qualified provider shall provide a
sufficient bond | 7 | | to the school district or area vocational center for the
| 8 | | installation and the
faithful performance of all the measures | 9 | | included in the contract. The
guaranteed energy savings | 10 | | contract may provide for payments over a period
of time, not to | 11 | | exceed the reasonably projected payback period for the | 12 | | improvements, as certified by resolution of the school | 13 | | district or area vocational center, or 20 years , whichever is | 14 | | less, from the date of final installation
of the
measures.
| 15 | | (Source: P.A. 92-767, eff. 8-6-02.)
| 16 | | (105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)
| 17 | | Sec. 19b-5. Installment payment contract; lease purchase | 18 | | agreement. A school district or
school districts in | 19 | | combination or an area vocational center may enter into
an
| 20 | | installment payment contract or lease purchase agreement with | 21 | | a qualified
provider or with a third party, as authorized by | 22 | | law, for the funding or financing of the purchase and | 23 | | installation of energy conservation measures by a qualified | 24 | | provider.
Every school district or area vocational center may | 25 | | issue certificates
evidencing the indebtedness
incurred |
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| 1 | | pursuant to the contracts or agreements. Any such contract or
| 2 | | agreement shall be valid whether or not an appropriation with | 3 | | respect
thereto is first included in any annual or | 4 | | supplemental budget adopted by
the school district or area | 5 | | vocational center. Each contract or agreement
entered
into by | 6 | | a school district or area vocational center pursuant to this
| 7 | | Section shall be authorized by
official action of the school | 8 | | board or governing board of the area vocational
center, | 9 | | whichever is applicable. The authority granted in this Section | 10 | | is in addition to any other authority granted by law. | 11 | | If an energy audit is performed by an energy services | 12 | | contractor for a school district within the 3 years | 13 | | immediately preceding the solicitation, then the school | 14 | | district must publish as a reference document in the | 15 | | solicitation for energy conservation measures the following:
| 16 | | (1) an executive summary of the energy audit provided | 17 | | that the school district may exclude any proprietary or | 18 | | trademarked information or practices ; or | 19 | | (2) the energy audit provided that the school district | 20 | | may redact any proprietary or trademarked information or | 21 | | practices . | 22 | | A school district may not withhold the disclosure of | 23 | | information related to (i) the school district's energy | 24 | | operating costs consumption of energy , (ii) the physical | 25 | | condition of the school district's facilities, and (iii) any | 26 | | limitations prescribed by the school district. |
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| 1 | | The solicitation must include a written disclosure that | 2 | | identifies any energy services contractor or qualified | 3 | | provider that participated in the preparation of the | 4 | | specifications issued by the school district. If no energy | 5 | | services contractor or qualified provider participated in the | 6 | | preparation of the specifications issued by the school | 7 | | district, then the solicitation must include a written | 8 | | disclosure that no energy services contractor or qualified | 9 | | provider participated in the preparation of the specifications | 10 | | for the school district. The written disclosure shall be | 11 | | published in the Capital Development Board Procurement | 12 | | Bulletin with the Request for Proposal. | 13 | | (Source: P.A. 96-1197, eff. 7-22-10; 97-333, eff. 8-12-11.)
| 14 | | (105 ILCS 5/19b-7) (from Ch. 122, par. 19b-7)
| 15 | | Sec. 19b-7. Energy operating Operational and energy cost | 16 | | savings. The school district or
area vocational center
shall | 17 | | document the operational and energy operating cost savings | 18 | | specified in the
guaranteed energy savings contract and | 19 | | designate and appropriate that
amount for an annual payment of | 20 | | the contract. If the annual energy operating cost savings
are | 21 | | less than projected under the guaranteed energy savings | 22 | | contract , the
qualified
provider shall pay , within 90 days, | 23 | | the difference as provided in Section 19b-4.
| 24 | | (Source: P.A. 92-767, eff. 8-6-02.)
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| 1 | | (105 ILCS 5/19b-8) (from Ch. 122, par. 19b-8)
| 2 | | Sec. 19b-8. Available funds. A school district or area | 3 | | vocational
center may use funds
designated for energy | 4 | | operating cost operating or capital expenditures for any | 5 | | guaranteed energy
savings contract , including purchases using | 6 | | installment payment contracts or
lease purchase agreements. A | 7 | | school district or area vocational center
that enters into | 8 | | such a
contract or agreement may covenant in such contract or | 9 | | agreement that
payments made thereunder shall be payable from | 10 | | the first funds legally
available in each fiscal year.
| 11 | | (Source: P.A. 92-767, eff. 8-6-02.)
| 12 | | (105 ILCS 5/19b-90 new) | 13 | | Sec. 19b-90. Energy savings template, qualified providers, | 14 | | and Smart Energy Design Assistance Center (SEDAC). | 15 | | (a) Any contract under this Section shall utilize the | 16 | | template provided for such contracts through a statewide | 17 | | organization representing Illinois school business officials | 18 | | or follow the requirements in subsections (c) and (d) of this | 19 | | Section, at the discretion of the school district or area | 20 | | vocational center. | 21 | | (b) The Smart Energy Design Assistance Center (SEDAC)
| 22 | | based at the University of Illinois at Urbana-Champaign, under | 23 | | the direction of
the Governor, shall assist school districts | 24 | | and area vocational centers in compiling a list of qualified | 25 | | energy service providers, with respect to the review of |
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| 1 | | performance contracts. | 2 | | (c) At the request of a school district or area of | 3 | | vocational center, SEDAC shall establish guidelines and an | 4 | | approval
process for awarding energy performance contracts. | 5 | | The
guidelines adopted under this subsection (c) must require | 6 | | that
the cost-savings projected by a qualified provider be | 7 | | reviewed
by a licensed professional engineer who: | 8 | | (1) has a minimum of 3
years of experience in energy | 9 | | calculation and review; | 10 | | (2) is not
an officer or employee of a qualified | 11 | | provider for the
contract under review; and | 12 | | (3) is not otherwise associated with
the contract. | 13 | | In conducting the review, the engineer shall
focus | 14 | | primarily on the proposed improvements from an
engineering | 15 | | perspective and the methodology and calculations
related to | 16 | | energy-related cost savings. | 17 | | (d) At the request of a school district or area of | 18 | | vocational center, SEDAC shall assist a school district or | 19 | | area vocational center in identifying,
evaluating, and | 20 | | implementing cost-effective conservation
projects at its | 21 | | facilities. The assistance shall include: | 22 | | (1) providing technical and analytical
support, | 23 | | including the procurement of energy performance | 24 | | contracting
services; | 25 | | (2) reviewing verification procedures for energy
| 26 | | savings; and |
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| 1 | | (3) assisting in the structuring and arranging of
| 2 | | financing for energy performance contracting projects. | 3 | | (e) SEDAC is authorized to fix, charge, and collect
| 4 | | reasonable fees that will, subject to appropriation, be funded | 5 | | by the State.
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