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90_SB0529enr
110 ILCS 805/7-20 from Ch. 122, par. 107-20
Amends the Public Community College Act. Supplies a
caption to a Section relating to ascertainment of the tax
rate in a community college district located in Chicago.
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1 AN ACT relating to higher education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Public University Energy Conservation Act.
6 Section 5. Definitions. In this Act words and phrases
7 have the meanings set forth in the following Sections
8 preceding Section 10.
9 Section 5.5. Public university. "Public university"
10 means any of the the following institutions of higher
11 learning: the University of Illinois, Southern Illinois
12 University, Northern Illinois University, Eastern Illinois
13 University, Western Illinois University, Northeastern
14 Illinois University, Chicago State University, Governors
15 State University, or Illinois State University, acting in
16 each case through its board of trustees or through a designee
17 of that board.
18 Section 5-10. Energy conservation measure. "Energy
19 conservation measure" means any improvement, repair,
20 alteration, or betterment of any building or facility owned
21 or operated by a public university or any equipment, fixture,
22 or furnishing to be added to or used in any such building or
23 facility that is designed to reduce energy consumption or
24 operating costs, and may include, without limitation, one or
25 more of the following:
26 (1) Insulation of the building structure or systems
27 within the building.
28 (2) Storm windows or doors, caulking or
29 weatherstripping, multiglazed windows or doors, heat
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1 absorbing or heat reflective glazed and coated window or
2 door systems, additional glazing, reductions in glass
3 area, or other window and door system modifications that
4 reduce energy consumption.
5 (3) Automated or computerized energy control
6 systems.
7 (4) Heating, ventilating, or air conditioning
8 system modifications or replacements.
9 (5) Replacement or modification of lighting
10 fixtures to increase the energy efficiency of the
11 lighting system without increasing the overall
12 illumination of a facility, unless an increase in
13 illumination is necessary to conform to the applicable
14 State or local building code for the lighting system
15 after the proposed modifications are made.
16 (6) Energy recovery systems.
17 (7) Energy conservation measures that provide
18 long-term operating cost reductions.
19 Section 5-15. Guaranteed energy savings contract.
20 "Guaranteed energy savings contract" means a contract for:
21 (i) the implementation of an energy audit, data collection,
22 and other related analyses preliminary to the undertaking of
23 energy conservation measures; (ii) the evaluation and
24 recommendation of energy conservation measures; (iii) the
25 implementation of one or more energy conservation measures;
26 and (iv) the implementation of project monitoring and data
27 collection to verify post-installation energy consumption and
28 energy-related operating costs. The contract shall provide
29 that all payments, except obligations on termination of the
30 contract before its expiration, are to be made over time and
31 that the savings are guaranteed to the extent necessary to
32 pay the costs of the energy conservation measures.
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1 Section 5-20. Qualified provider. "Qualified provider"
2 means a person or business whose employees are experienced
3 and 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 qualified provider to whom the contract is awarded shall give
9 a sufficient bond to the public university for its faithful
10 performance.
11 Section 5-25. Request for proposals. "Request for
12 proposals" means a negotiated procurement. The request for
13 proposals shall be announced by the public university that
14 will administer the program through at least one public
15 notice, at least 10 days before the request date, in a
16 newspaper published in the county in which that public
17 university is located, or if no newspaper is published in
18 that county, in a newspaper of general circulation in the
19 area of that county, requesting innovative solutions and
20 proposals for energy conservation measures. Proposals
21 submitted shall be sealed. The request for proposals shall
22 include all of the following:
23 (1) The name and address of the public university
24 that will administer the program.
25 (2) The name, address, title, and phone number of a
26 contact person.
27 (3) Notice indicating that the public university is
28 requesting qualified providers to propose energy
29 conservation measures through a guaranteed energy savings
30 contract.
31 (4) The date, time, and place where proposals must
32 be received.
33 (5) The evaluation criteria for assessing the
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1 proposals.
2 (6) Any other stipulations and clarifications the
3 public university may require.
4 Section 10. Evaluation of proposal. Before entering
5 into a guaranteed energy savings contract under Section 15, a
6 public university shall submit a request for proposals. The
7 public university shall evaluate any sealed proposal from a
8 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
13 service, 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
16 of whether either the energy consumed or the operating costs,
17 or both, will be reduced. If technical assistance is not
18 available by a licensed architect or registered professional
19 engineer on the staff of the public university, then the
20 evaluation of the proposal shall be done by a registered
21 professional engineer or architect, who is retained by the
22 public university. The public university may pay a
23 reasonable fee for evaluation of the proposal or include the
24 fee as part of the payments made under Section 20.
25 Section 15. Award of guaranteed energy savings contract.
26 Sealed proposals must be opened by the public university's
27 board of trustees or a designee of that board at a public
28 opening at which the contents of the proposals must be
29 announced. Each person or entity submitting a sealed
30 proposal must receive at least 10 days notice of the time and
31 place of the opening. The public university shall select the
32 qualified provider that best meets the needs of the district.
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1 The public university shall provide public notice of the
2 meeting at which it proposes to award a guaranteed energy
3 savings contract and of the names of the parties to the
4 proposed contract and the purpose of the contract. The
5 public notice shall be made at least 10 days prior to the
6 meeting. After evaluating the proposals under Section 10, a
7 public university may enter into a guaranteed energy savings
8 contract with a qualified provider if it finds that the
9 amount it would spend on the energy conservation measures
10 recommended in the proposal would not exceed the amount to be
11 saved in either energy or operational costs, or both, within
12 a 10 year period from the date of installation, if the
13 recommendations in the proposal are followed.
14 Section 20. Guarantee. The guaranteed energy savings
15 contract shall include a written guarantee of the qualified
16 provider that either the energy or operational cost savings,
17 or both, will meet or exceed within 10 years the costs of the
18 energy conservation measures. The qualified provider shall
19 reimburse the public university for any shortfall of
20 guaranteed energy savings projected in the contract. A
21 qualified provider shall provide a sufficient bond to the
22 public university for the installation and the faithful
23 performance of all the measures included in the contract.
24 The guaranteed energy savings contract may provide for
25 payments over a period of time, not to exceed 10 years from
26 the date of final installation of the measures.
27 Section 25. Installment payment; lease purchase. A
28 public university or 2 or more public universities in
29 combination may enter into an installment payment contract or
30 lease purchase agreement with a qualified provider for the
31 purchase and installation of energy conservation measures.
32 Each public university may issue certificates evidencing the
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1 indebtedness incurred pursuant to the contracts or
2 agreements. Any such contract or agreement shall be valid
3 whether or not an appropriation with respect thereto is first
4 included in any annual or additional or supplemental budget
5 proposal, request, or recommendation submitted by or made
6 with respect to a public university under Section 8 of the
7 Board of Higher Education Act or as otherwise provided by
8 law. Each contract or agreement entered into by a public
9 university pursuant to this Section shall be authorized by
10 resolution of the board of trustees of that university.
11 Section 30. Term; budget and appropriations. Guaranteed
12 energy savings contracts may extend beyond the fiscal year in
13 which they become effective. The public university shall
14 include in its annual budget request and the Board of Higher
15 Education shall recommend an appropriation for each
16 subsequent fiscal year that is sufficient to pay and
17 discharge any amounts payable under guaranteed energy savings
18 contracts during that fiscal year.
19 Section 35. Operational and energy cost savings. The
20 public university shall document the operational and energy
21 cost savings specified in the guaranteed energy savings
22 contract and designate and reserve that amount for an annual
23 payment of the contract. If the annual energy savings are
24 less than projected under the guaranteed energy savings
25 contract the qualified provider shall pay the difference as
26 provided in Section 20.
27 Sec. 40. Available funds. A public university may use
28 funds designated for operating or capital expenditures for
29 any guaranteed energy savings contract, including purchases
30 using installment payment contracts or lease purchase
31 agreements. A public university that enters into such a
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1 contract or agreement may covenant in such contract or
2 agreement that payments made thereunder shall be payable from
3 the first funds legally available in each fiscal year.
4 Section 45. Funding. No grants or other funds or amounts
5 appropriated to a public university for any purpose shall be
6 reduced as a result of energy savings realized from a
7 guaranteed energy savings contract or a lease purchase
8 agreement for the purchase and installation of energy
9 conservation measures.
10 Section 70. The Public Community College Act is amended
11 by changing Section 2-16.02 as follows:
12 (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
13 Sec. 2-16.02. Any community college district that
14 maintains a community college recognized by the State Board
15 shall receive, when eligible, grants enumerated in this
16 Section. Funded semester credit hours or other measures as
17 specified by the State Board shall be used to distribute
18 grants to community colleges. Except for equalization grants,
19 retirees health insurance grants, grants to districts
20 established pursuant to Section 6-6.1, and grants for special
21 initiatives, all grants specified in this Section shall be
22 based on funded semester credit hours. Funded semester
23 credit hours shall be defined, for purposes of this Section,
24 as the greater of (1) the number of semester credit hours, or
25 equivalent, in all funded instructional categories of
26 students who have been certified as being in attendance at
27 midterm during the respective terms of the base fiscal year
28 or (2) the average of semester credit hours, or equivalent,
29 in all funded instructional categories of students who have
30 been certified as being in attendance at midterm during the
31 respective terms of the base fiscal year and the 2 prior
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1 fiscal years. For purposes of this Section, "base fiscal
2 year" means the fiscal year 2 years prior to the fiscal year
3 for which the grants are appropriated. Such students shall
4 have been residents of Illinois and shall have been enrolled
5 in courses that are part of instructional program categories
6 approved by the State Board and that are applicable toward an
7 associate degree or certificate. Courses are not eligible
8 for reimbursement where the district receives federal or
9 State financing or both, except financing through the State
10 Board, for 50% or more of the program costs with the
11 exception of courses offered by contract with the Department
12 of Corrections in correctional institutions. After
13 distributing a grant of up to one-tenth of 1% of the total
14 available credit hour grant funding to each district with
15 less than 75,000 funded semester credit hours exclusive of
16 Department of Corrections credit hours, the remaining Credit
17 hour grants shall be paid based on rates per funded semester
18 credit hour or equivalent calculated by the State Board for
19 funded instructional categories using cost of instruction,
20 enrollment, inflation, and other relevant factors. Small
21 district grants, in an amount to be determined by the State
22 Board, shall be made to each district with less than 75,000
23 funded semester credit hours, exclusive of Department of
24 Corrections credit hours.
25 Grants for Equalization grants shall be distributed to
26 each district that falls below a statewide threshold
27 calculated by the State Board by determining a local revenue
28 factor for each district by: (A) adding (1) each district's
29 the Corporate Personal Property Replacement Fund allocations
30 from the base fiscal year or the average of the base fiscal
31 year and prior year, whichever is less, divided by the
32 applicable statewide average tax rate to (2) the district's
33 most recently audited year's equalized assessed valuation or
34 the average of the most recently audited year and prior year,
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1 whichever is less, (B) then dividing by the district's number
2 of audited full-time equivalent resident students for the
3 base fiscal year or the average for the base fiscal year and
4 the 2 prior fiscal years, whichever is greater, and (C) then
5 multiplying by the applicable statewide average tax rate.
6 The State Board shall calculate a statewide weighted average
7 threshold by applying use the same methodology to the totals
8 of all districts' Corporate Personal Property Tax Replacement
9 Fund allocations, equalized assessed valuations, and audited
10 full-time equivalent district resident students and
11 multiplying by the applicable statewide average tax rate
12 calculate a local revenue factor for each district. The
13 difference between the statewide weighted average threshold
14 and the local revenue factor, multiplied by the number of
15 full-time equivalent resident students, shall determine the
16 amount of equalization funding that each district is eligible
17 to receive. A percentage factor, as determined by the State
18 Board, may be applied to the statewide threshold as a method
19 for allocating equalization funding. A minimum equalization
20 grant of an amount per district as determined by the State
21 Board shall be established for any community college district
22 which qualifies for an equalization grant based upon the
23 preceding criteria, but becomes ineligible for equalization
24 funding, or would have received a grant of less than the
25 minimum equalization grant, due to threshold prorations
26 applied to reduce equalization funding. As of July 1, 1997,
27 community college districts must maintain a minimum required
28 in-district tuition rate per semester credit hour as
29 determined by the State Board. For each fiscal year between
30 July 1, 1997 and June 30, 2001, districts not meeting the
31 minimum required rate will be subject to a percent reduction
32 of equalization funding as determined by the State Board. As
33 of July 1, 2001, districts must meet the required minimum
34 in-district tuition rate to qualify for equalization funding.
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1 A special populations grant of a base amount as
2 determined by the State Board $20,000 per community college
3 shall be distributed to each community college district., and
4 Any remaining appropriated funds for special populations
5 purposes shall be distributed based on factors as determined
6 by the State Board programs with the exception of moneys
7 appropriated as grants for unique special populations
8 initiatives created by the State Board shall be distributed
9 proportionately to each community college district on the
10 basis of each district's share of the State total funded
11 semester credit hours, or equivalent, in
12 remedial/developmental and adult basic education/adult
13 secondary education courses. Each community college
14 district's expenditures of funds from those grants shall be
15 limited to courses and services related to programs for
16 educationally disadvantaged and minority students as
17 specified by the State Board.
18 A workforce preparation grant of a base grant amount as
19 determined by the State Board $35,000 shall be distributed to
20 each community college district., and Any remaining
21 appropriated funds for workforce preparation programs with
22 the exception of monies appropriated as grants for special
23 workforce preparation initiatives created by the State Board
24 shall be distributed based on factors as determined by the
25 State Board proportionately to each community college
26 district on the basis of each district's share of the State
27 total funded semester credit hours, or equivalent, in
28 business occupational, technical occupational, and health
29 occupational courses. Each community college district's
30 expenditures of funds from those grants shall be limited to
31 workforce preparation activities and services as specified by
32 the State Board.
33 An advanced technology equipment grant shall be
34 distributed proportionately to each community college
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1 district based on each district's share of the State total
2 funded semester credit hours, or equivalent, in business
3 occupational, technical occupational, and health occupational
4 courses or other measures as determined by the State Board.
5 Each community college district's expenditures of funds from
6 those grants shall be limited to procurement of equipment for
7 curricula impacted by technological advances as specified by
8 the State Board.
9 A retirees health insurance grant shall be distributed
10 proportionately to each community college district or entity
11 created pursuant to Section 3-55 based on each district's
12 share of the total number of community college retirees in
13 the State on July 1 of the fiscal year prior to the fiscal
14 year for which the grants are appropriated, as determined by
15 the State Board. Each community college district's
16 Expenditures of funds from those grants shall be limited to
17 payment of costs associated with the provision of retirees'
18 health insurance.
19 A deferred maintenance grant shall be distributed to each
20 community college district based upon criteria as determined
21 by the State Board. Each community college district's
22 expenditures of funds from those grants shall be limited to
23 deferred maintenance activities specified by the State Board.
24 A grant shall be provided to the Illinois Occupational
25 Information Coordinating Committee for the purpose of
26 providing the State Board with labor market information by
27 updating the Occupational Information System and HORIZONS
28 Career Information System and by providing labor market
29 information and technical assistance, that grant to be
30 provided in its entirety during the first quarter of the
31 fiscal year.
32 A grant shall be provided to Community College District
33 #540, that district having been formed under the provisions
34 of Section 6-6.1, for the purpose of providing funds for the
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1 district to meet operating expenses. The State Board shall
2 certify, prepare, and submit to the State Comptroller during
3 August of the fiscal year a voucher setting forth a one-time
4 payment of any Education Assistance Fund appropriation, and
5 during November, February, and May of the fiscal year a
6 voucher setting forth equal payments of General Revenue Fund
7 appropriations. The Comptroller shall cause a warrant to be
8 drawn for the amount due, payable to Community College
9 District #540, within 15 days following the receipt of each
10 such voucher.
11 The State Board shall distribute such other special
12 grants as may be authorized or appropriated by the General
13 Assembly.
14 Each community college district entitled to State grants
15 under this Section must submit a report of its enrollment to
16 the State Board not later than 30 days following the end of
17 each semester, quarter, or term in a format prescribed by the
18 State Board. These semester credit hours, or equivalent,
19 shall be certified by each district on forms provided by the
20 State Board. Each district's certified semester credit
21 hours, or equivalent, are subject to audit pursuant to
22 Section 3-22.1.
23 The State Board shall certify, prepare, and submit to the
24 State Comptroller during August, November, February, and May
25 of each fiscal year vouchers setting forth an amount equal to
26 25% of the districts' total grants approved by the State
27 Board for credit hour grants, small district grants, special
28 populations grants, workforce preparation grants,
29 equalization grants, advanced technology equipment grants,
30 deferred maintenance grants, and retirees health insurance
31 grants. The State Board shall prepare and submit to the State
32 Comptroller vouchers for special initiatives grant payments
33 as set forth in the contracts executed pursuant to
34 appropriations received for special initiatives. The
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1 Comptroller shall cause his warrants to be drawn for the
2 respective amounts due, payable to each community college
3 district, within 15 days following the receipt of such
4 vouchers. If the amount appropriated for grants is different
5 from the amount provided for such grants under this Act, the
6 grants shall be proportionately reduced or increased
7 accordingly.
8 For the purposes of this Section, "resident student"
9 means a student in a community college district who maintains
10 residency in that district or meets other residency
11 definitions established by the State Board, and who was
12 enrolled either in one of the approved instructional program
13 categories in that district, or in another community college
14 district to which the resident's district is paying tuition
15 under Section 6-2 or with which the resident's district has
16 entered into a cooperative agreement in lieu of such tuition.
17 For the purposes of this Section, a "full-time
18 equivalent" student is equal to 30 semester credit hours.
19 The Illinois Community College Board Contracts and Grants
20 Fund is hereby created in the State Treasury. Items of
21 income to this fund shall include any grants, awards,
22 endowments, or like proceeds, and where appropriate, other
23 funds made available through contracts with governmental,
24 public, and private agencies or persons. The General
25 Assembly shall from time to time make appropriations payable
26 from such fund for the support, improvement, and expenses of
27 the State Board and Illinois community college districts.
28 (Source: P.A. 88-103; 88-553; 89-141, eff. 7-14-95; 89-281,
29 eff. 8-10-95; 89-473, eff. 6-18-96; 89-626, eff. 8-9-96.)
30 Section 75. The Higher Education Student Assistance Act
31 is amended by adding Section 38 as follows:
32 (110 ILCS 947/38 new)
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1 Sec. 38. Monetary award program accountability. The
2 Illinois Student Assistance Commission is directed to assess
3 the educational persistence of monetary award program
4 recipients. An assessment under this Section shall include
5 an analysis of such factors as undergraduate educational
6 goals, chosen field of study, retention rates, and expected
7 time to complete a degree. The assessment also shall include
8 an analysis of the academic success of monetary award program
9 recipients through a review of measures that are typically
10 associated with academic success, such as grade point
11 average, satisfactory academic progress, and credit hours
12 earned. Each analysis should take into consideration student
13 class level, dependency types, and the type of higher
14 education institution at which each monetary award program
15 recipient is enrolled. The Commission shall report its
16 findings to the General Assembly and the Board of Higher
17 Education by February 1, 1999 and at least every 2 years
18 thereafter.
19 Section 99. Effective date. This Act takes effect July
20 1, 1997.