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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_HB3774eng HB3774 Engrossed 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, 19b-9, and 7 19b-10 as 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 Engrossed -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 Engrossed -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 Engrossed -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 Engrossed -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 10 year period from the date of 5 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 10 years the costs of the 13 energy conservation measures. The qualified provider shall 14 reimburse the school district or area vocational center for 15 any shortfall of guaranteed energy savings projected in the 16 contract. A qualified provider shall provide a sufficient 17 bond to the school district or area vocational center for the 18 installation and the faithful performance of all the measures 19 included in the contract. The guaranteed energy savings 20 contract may provide for payments over a period of time, not 21 to exceed 10 years from the date of final installation of the 22 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 Engrossed -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 annualschoolbudget 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 Engrossed -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) 20 Sec. 19b-10. Transfer of savings to life safety or bond 21 and interest fund. If the guaranteed energy savings contract 22 is funded, in whole or in part, from funds from bonded 23 indebtedness, the district or whichever party to the area 24 vocational center joint agreement the funds come from shall 25 annually transfer, by board resolution, an amount equal to 26 the guaranteed energy savings from the operations and 27 maintenance fund or the educational fund, or both of those 28 funds, to the fire prevention and safety fund or to the bond 29 and interest fund from which the retirement of the bonded 30 indebtedness is to be paid. If transferred to the bond and 31 interest fund, the secretary of the school board, within 30 32 days of such transfer, shall notify the county clerk of the HB3774 Engrossed -8- LRB9211780NTpk 1 amount of the transfer and direct the clerk to abate the 2 taxes next to be extended for the purpose of principal and 3 interest payments on the bonds by an amount equal to the 4 transfer. 5 (Source: P.A. 89-397, eff. 8-20-95.) 6 Section 90. The State Mandates Act is amended by adding 7 Section 8.26 as follows: 8 (30 ILCS 805/8.26 new) 9 Sec. 8.26. Exempt mandate. Notwithstanding Sections 6 10 and 8 of this Act, no reimbursement by the State is required 11 for the implementation of any mandate created by this 12 amendatory Act of the 92nd General Assembly. 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.