State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


HB3774 Enrolled                                LRB9211780NTpk

 1        AN ACT in relation to 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 adding Section
 5    19b-1.05 and changing  Sections  19b-1.1,  19b-1.3,  19b-1.4,
 6    19b-2, 19b-3, 19b-4, 19b-5, 19b-6, 19b-7, 19b-8, and 19b-9 as
 7    follows:

 8        (105 ILCS 5/19b-1.05 new)
 9        Sec. 19b-1.05.  Area vocational center.  "Area vocational
10    center"  means  an  area  vocational  center created by joint
11    agreement between school districts.

12        (105 ILCS 5/19b-1.1) (from Ch. 122, par. 19b-1.1)
13        Sec.  19b-1.1.   Energy  conservation  measure.   "Energy
14    conservation  measure"   means   any   improvement,   repair,
15    alteration,  or  betterment of any building or facility owned
16    or operated by a school district or area vocational center or
17    any equipment, fixture, or furnishing to be added to or  used
18    in  any  such building or facility that is designed to reduce
19    energy consumption  or  operating  costs,  and  may  include,
20    without limitation, one or more of the 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
26        door  systems,  additional  glazing,  reductions in glass
27        area, or other window and door system modifications  that
28        reduce energy consumption.
29             (3)  Automated   or   computerized   energy  control
30        systems.
HB3774 Enrolled            -2-                 LRB9211780NTpk
 1             (4)  Heating,  ventilating,  or   air   conditioning
 2        system modifications or replacements.
 3             (5)  Replacement   or   modification   of   lighting
 4        fixtures   to  increase  the  energy  efficiency  of  the
 5        lighting   system   without   increasing   the    overall
 6        illumination   of  a  facility,  unless  an  increase  in
 7        illumination is necessary to conform  to  the  applicable
 8        State  or  local  building  code  for the lighting system
 9        after the proposed modifications are made.
10             (6)  Energy recovery systems.
11             (7)  Energy  conservation  measures   that   provide
12        long-term operating cost reductions.
13    (Source: P.A. 87-1106.)

14        (105 ILCS 5/19b-1.3) (from Ch. 122, par. 19b-1.3)
15        Sec.  19b-1.3.  Qualified provider.  "Qualified provider"
16    means a person or business whose  employees  are  experienced
17    and trained in the design, implementation, or installation of
18    energy  conservation measures.  The minimum training required
19    for any person or employee under this Section  shall  be  the
20    satisfactory  completion  of  at  least  40  hours  of course
21    instruction dealing with  energy  conservation  measures.   A
22    qualified provider to whom the contract is awarded shall give
23    a  sufficient  bond to the school district or area vocational
24    center for its faithful performance.
25    (Source: P.A. 87-1106.)

26        (105 ILCS 5/19b-1.4) (from Ch. 122, par. 19b-1.4)
27        Sec.  19b-1.4.   Request  for  proposals.   "Request  for
28    proposals" means a negotiated procurement.  The  request  for
29    proposals  shall  be  announced  through  at least one public
30    notice, at least  10  days  before  the  request  date  in  a
31    newspaper  published  in  the  district  or vocational center
32    area, or if no newspaper is  published  in  the  district  or
HB3774 Enrolled            -3-                 LRB9211780NTpk
 1    vocational center area, in a newspaper of general circulation
 2    in  the  area  of  the  district or vocational center, from a
 3    school  district  or  area  vocational   center   that   will
 4    administer  the  program, requesting innovative solutions and
 5    proposals  for  energy  conservation   measures.    Proposals
 6    submitted  shall  be sealed.  The request for proposals shall
 7    include all of the following:
 8             (1)  The name and address of the school district  or
 9        area vocation center.
10             (2)  The name, address, title, and phone number of a
11        contact person.
12             (3)  Notice  indicating  that the school district or
13        area vocational center is requesting qualified  providers
14        to   propose   energy  conservation  measures  through  a
15        guaranteed energy savings contract.
16             (4)  The date, time, and place where proposals  must
17        be received.
18             (5)  The   evaluation  criteria  for  assessing  the
19        proposals.
20             (6)  Any other stipulations and  clarifications  the
21        school district or area vocational center may require.
22    (Source: P.A. 87-1106.)

23        (105 ILCS 5/19b-2) (from Ch. 122, par. 19b-2)
24        Sec.  19b-2.   Evaluation  of  proposal.  Before entering
25    into a  guaranteed  energy  savings  contract  under  Section
26    19b-3,  a  school  district  or  area vocational center shall
27    submit a request for proposals.  The school district or  area
28    vocational  center  shall evaluate any sealed proposal from a
29    qualified  provider.   The  evaluation  shall   analyze   the
30    estimates  of  all  costs  of installations, modifications or
31    remodeling,  including,  without  limitation,  costs   of   a
32    pre-installation    energy   audit   or   analysis,   design,
33    engineering,   installation,   maintenance,   repairs,   debt
HB3774 Enrolled            -4-                 LRB9211780NTpk
 1    service, conversions to a different energy or fuel source, or
 2    post-installation project monitoring,  data  collection,  and
 3    reporting.   The evaluation shall include a detailed analysis
 4    of whether either the energy consumed or the operating costs,
 5    or both, will be reduced.  If  technical  assistance  is  not
 6    available  by a licensed architect or registered professional
 7    engineer on the school district  or  area  vocational  center
 8    staff, then the evaluation of the proposal shall be done by a
 9    registered   professional   engineer  or  architect,  who  is
10    retained by the school district or  area  vocational  center.
11    The  school  district  or  area  vocational  center may pay a
12    reasonable fee for evaluation of the proposal or include  the
13    fee as part of the payments made under Section 19b-4.
14    (Source: P.A. 87-1106.)

15        (105 ILCS 5/19b-3) (from Ch. 122, par. 19b-3)
16        Sec. 19b-3.  Award of guaranteed energy savings contract.
17    Sealed  proposals  must  be opened by a member or employee of
18    the school board or governing board of  the  area  vocational
19    center, whichever is applicable, at a public opening at which
20    the contents of the proposals must be announced.  Each person
21    or  entity submitting a sealed proposal must receive at least
22    13 days notice of the time and place  of  the  opening.   The
23    school  district  or  area vocational center shall select the
24    qualified provider that best meets the needs of the  district
25    or  area  vocational  center.   The  school  district or area
26    vocational center shall provide public notice of the  meeting
27    at  which  it  proposes  to award a guaranteed energy savings
28    contract of the names of the parties to the proposed contract
29    and of the purpose of the contract.  The public notice  shall
30    be  made  at  least  10  days  prior  to  the meeting.  After
31    evaluating  the  proposals  under  Section  19b-2,  a  school
32    district  or  area  vocational  center  may  enter   into   a
33    guaranteed  energy savings contract with a qualified provider
HB3774 Enrolled            -5-                 LRB9211780NTpk
 1    if it finds that the amount it  would  spend  on  the  energy
 2    conservation  measures  recommended in the proposal would not
 3    exceed the amount to be saved in either energy or operational
 4    costs, or both, within a 20-year 10 year period from the date
 5    of installation, if the recommendations in the  proposal  are
 6    followed.
 7    (Source: P.A. 87-1106.)

 8        (105 ILCS 5/19b-4) (from Ch. 122, par. 19b-4)
 9        Sec.  19b-4.   Guarantee.   The guaranteed energy savings
10    contract shall include a written guarantee of  the  qualified
11    provider  that either the energy or operational cost savings,
12    or both, will meet or exceed within 20 10 years the costs  of
13    the  energy  conservation  measures.   The qualified provider
14    shall reimburse the school district or area vocational center
15    for any shortfall of guaranteed energy savings  projected  in
16    the   contract.    A   qualified  provider  shall  provide  a
17    sufficient bond to the school  district  or  area  vocational
18    center  for  the installation and the faithful performance of
19    all the measures included in the  contract.   The  guaranteed
20    energy  savings  contract  may  provide  for  payments over a
21    period of time, not to exceed 20 10 years from  the  date  of
22    final installation of the measures.
23    (Source: P.A. 87-1106; 88-615, eff. 9-9-94.)

24        (105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)
25        Sec.  19b-5.   Installment  payment;  lease  purchase.  A
26    school district or school districts in combination or an area
27    vocational center  may  enter  into  an  installment  payment
28    contract   or  lease  purchase  agreement  with  a  qualified
29    provider  for  the  purchase  and  installation   of   energy
30    conservation   measures.    Every  school  district  or  area
31    vocational  center  may  issue  certificates  evidencing  the
32    indebtedness  incurred   pursuant   to   the   contracts   or
HB3774 Enrolled            -6-                 LRB9211780NTpk
 1    agreements.   Any  such  contract or agreement shall be valid
 2    whether or not an appropriation with respect thereto is first
 3    included in any annual or supplemental budget adopted by  the
 4    school  district or area vocational center.  Each contract or
 5    agreement  entered  into  by  a  school  district   or   area
 6    vocational   center   pursuant   to  this  Section  shall  be
 7    authorized by resolution of the  school  board  or  governing
 8    board of the area vocational center, whichever is applicable.
 9    (Source: P.A. 87-1106.)

10        (105 ILCS 5/19b-6) (from Ch. 122, par. 19b-6)
11        Sec. 19b-6.  Term; budget and appropriations.  Guaranteed
12    energy savings contracts may extend beyond the fiscal year in
13    which  they  become  effective.   The school district or area
14    vocational center shall include in its annual  school  budget
15    and  appropriations  measures for each subsequent fiscal year
16    any amounts payable under guaranteed energy savings contracts
17    during that fiscal  year.    Sections  2-3.12,  3-14.20,  and
18    10-22.36 of the School Code shall apply to this Article 19b.
19    (Source: P.A. 87-1106.)

20        (105 ILCS 5/19b-7) (from Ch. 122, par. 19b-7)
21        Sec.  19b-7.   Operational  and energy cost savings.  The
22    school district or area vocational center shall document  the
23    operational   and   energy  cost  savings  specified  in  the
24    guaranteed  energy  savings  contract   and   designate   and
25    appropriate   that  amount  for  an  annual  payment  of  the
26    contract.   If  the  annual  energy  savings  are  less  than
27    projected under the guaranteed energy  savings  contract  the
28    qualified  provider  shall  pay the difference as provided in
29    Section 19b-4.
30    (Source: P.A. 87-1106.)

31        (105 ILCS 5/19b-8) (from Ch. 122, par. 19b-8)
HB3774 Enrolled            -7-                 LRB9211780NTpk
 1        Sec. 19b-8.  Available funds.  A school district or  area
 2    vocational  center  may use funds designated for operating or
 3    capital  expenditures  for  any  guaranteed  energy   savings
 4    contract   including   purchases  using  installment  payment
 5    contracts or lease purchase agreements.  A school district or
 6    area vocational center that enters into such  a  contract  or
 7    agreement  may  covenant  in  such contract or agreement that
 8    payments made thereunder shall  be  payable  from  the  first
 9    funds legally available in each fiscal year.
10    (Source: P.A. 87-1106; 88-45.)

11        (105 ILCS 5/19b-9) (from Ch. 122, par. 19b-9)
12        Sec.  19b-9.   Funding.   State  aid  and  other  amounts
13    appropriated for distribution to or reimbursement of a school
14    district  or area vocational center shall not be reduced as a
15    result of energy savings realized from  a  guaranteed  energy
16    savings  contract  or  a  lease  purchase  agreement  for the
17    purchase and installation of energy conservation measures.
18    (Source: P.A. 87-1106.)

19        (105 ILCS 5/19b-10 rep.)
20        Section 10. The  School  Code  is  amended  by  repealing
21    Section 19b-10.

22        Section  90.  The State Mandates Act is amended by adding
23    Section 8.26 as follows:

24        (30 ILCS 805/8.26 new)
25        Sec. 8.26. Exempt mandate.   Notwithstanding  Sections  6
26    and  8 of this Act, no reimbursement by the State is required
27    for  the  implementation  of  any  mandate  created  by  this
28    amendatory Act of the 92nd General Assembly.

29        Section 99.  Effective date.  This Act takes effect  upon
HB3774 Enrolled            -8-                 LRB9211780NTpk
 1    becoming law.

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