101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3472

 

Introduced 2/14/2020, by Sen. Laura Ellman

 

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
105 ILCS 5/19b-95 new

    Amends the School Code. Provides that a duty of the regional superintendent of schools is to inspect the energy conservation measures of schools under the Code. In the Article concerning school energy conservation and savings 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, and available funds. Prohibits guaranteed energy savings contracts from being entered into on or after January 1, 2021. Repeals the Article 20 years after the effective date of the amendatory Act.


LRB101 20028 NHT 69558 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB3472LRB101 20028 NHT 69558 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
53-14.20, 19b-1.1, 19b-1.2, 19b-1.3, 19b-1.4, 19b-2, 19b-3,
619b-4, 19b-5, 19b-7, and 19b-8 and by adding Sections 19b-1.5,
719b-2.1, 19b-90, and 19b-95 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
10inspect the building plans and specifications, including but
11not limited to plans and specifications for the heating,
12ventilating, lighting, seating, water supply, toilets, energy
13conservation measures, and safety against fire of public school
14rooms and buildings submitted to the regional superintendent of
15schools him by school boards, and to approve all those which
16comply substantially with the building code authorized in
17Section 2-3.12.
18    If a municipality or, in the case of an unincorporated
19area, a county or, if applicable, a fire protection district
20wishes to be notified of plans and specifications received by a
21regional office of education for any future construction or
22alteration of a public school facility located within that
23entity's jurisdiction, then the entity must register this wish

 

 

SB3472- 2 -LRB101 20028 NHT 69558 b

1with the regional superintendent of schools. Within 10 days
2after the regional superintendent of schools receives the plans
3and specifications from a school board and prior to the bidding
4process, he or she shall notify, in writing, the registered
5municipality and, if applicable, the registered fire
6protection district where the school that is being constructed
7or altered lies that plans and specifications have been
8received. In the case of an unincorporated area, the registered
9county shall be notified. If the municipality, fire protection
10district, or county requests a review of the plans and
11specifications, then the school board shall submit a copy of
12the plans and specifications. The municipality and, if
13applicable, the fire protection district or the county may
14comment in writing on the plans and specifications based on the
15building code authorized in Section 2-3.12, referencing the
16specific code where a discrepancy has been identified, and
17respond back to the regional superintendent of schools within
1815 days after a copy of the plans and specifications have been
19received or, if needed for plan review, such additional time as
20agreed to by the regional superintendent of schools. This
21review must be at no cost to the school district.
22    If such plans and specifications are not approved or denied
23approval by the regional superintendent of schools within 3
24months after the date on which they are submitted to him or
25her, the school board may submit such plans and specifications
26directly to the State Superintendent of Education for approval

 

 

SB3472- 3 -LRB101 20028 NHT 69558 b

1or denial.
2(Source: P.A. 94-225, eff. 7-14-05.)
 
3    (105 ILCS 5/19b-1.1)  (from Ch. 122, par. 19b-1.1)
4    Sec. 19b-1.1. Energy conservation measure. "Energy
5conservation measure" means any improvement, repair,
6alteration, or betterment of any building or facility owned or
7operated by a school district or area vocational center or any
8equipment, fixture, or furnishing to be added to or used in any
9such building or facility, according to plans and
10specifications designed and approved subject to the building
11code authorized in Section 2-3.12 of this Code, that is
12proposed designed to reduce energy consumption or operating
13costs, and may include, without limitation, one or more of the
14following:
15        (1) Insulation of the building structure or systems
16    within the building.
17        (2) Storm windows or doors, caulking or
18    weatherstripping, multiglazed windows or doors, heat
19    absorbing or heat reflective glazed and coated window or
20    door systems, additional glazing, reductions in glass
21    area, or other window and door system modifications that
22    reduce energy consumption.
23        (3) Automated or computerized energy control systems.
24        (4) Heating, ventilating, or air conditioning system
25    modifications or replacements.

 

 

SB3472- 4 -LRB101 20028 NHT 69558 b

1        (5) Replacement or modification of lighting fixtures
2    to increase the energy efficiency of the lighting system
3    without increasing the overall illumination of a facility,
4    unless an increase in illumination is necessary to conform
5    to the applicable State or local building code for the
6    lighting system after the proposed modifications are made.
7        (6) Energy recovery systems.
8        (7) (Blank) Energy conservation measures that provide
9    long-term operating cost reductions.
10    "Energy conservation measure" does not include new
11construction or building additions beyond the square footage
12and footprint of the existing buildings or structures currently
13in existence, except areas required for the sole use of
14mechanical and electrical upgrades. "Energy conservation
15measure" does not include new or additional spaces, such as
16classrooms, gymnasiums, or administrative and common areas.
17New construction or additions shall be designed and constructed
18in accordance with the applicable energy conservation laws and
19codes and may not be included in the calculations of any energy
20savings with respect to any guaranteed energy savings contract.
21(Source: P.A. 95-612, eff. 9-11-07.)
 
22    (105 ILCS 5/19b-1.2)  (from Ch. 122, par. 19b-1.2)
23    Sec. 19b-1.2. Guaranteed energy savings contract.
24"Guaranteed energy savings contract" means a contract for: (i)
25the implementation of an energy audit, data collection, and

 

 

SB3472- 5 -LRB101 20028 NHT 69558 b

1other related analyses preliminary to the undertaking of energy
2conservation measures; (ii) the evaluation and recommendation
3of energy conservation measures; (iii) the implementation of
4one or more energy conservation measures; and (iv) the
5implementation of project monitoring and data collection to
6verify post-installation energy consumption and energy-related
7operating costs. The contract shall provide that all payments,
8except obligations on termination of the contract before its
9expiration, are to be made over time and that the savings are
10guaranteed to the extent necessary to pay the costs of the
11energy conservation measures. Energy saving may include energy
12reduction and offsetting sources of renewable energy funds
13including renewable energy credits and carbon credits.
14(Source: P.A. 96-1197, eff. 7-22-10.)
 
15    (105 ILCS 5/19b-1.3)  (from Ch. 122, par. 19b-1.3)
16    Sec. 19b-1.3. Qualified provider. "Qualified provider"
17means a person or business whose employees are experienced and
18trained in the design, implementation, or installation of
19energy conservation measures. The minimum training required
20for any person or employee under this Section shall be the
21satisfactory completion of at least 40 hours of course
22instruction dealing with energy conservation measures, and the
23person or business may not engage in the practice of
24architecture, engineering, or structural engineering unless
25the person is licensed or the business is registered in

 

 

SB3472- 6 -LRB101 20028 NHT 69558 b

1accordance with the Illinois Architecture Practice Act of 1989,
2the Professional Engineering Practice Act of 1989, or the
3Structural Engineering Practice Act of 1989 and the rules
4adopted pursuant to those Acts. A person or business may not
5engage in the practice of plumbing unless the person is
6licensed in accordance with the Illinois Plumbing License Law.
7A qualified provider to whom the contract is awarded shall give
8a sufficient bond to the school district or area vocational
9center for its faithful performance.
10(Source: P.A. 92-767, eff. 8-6-02.)
 
11    (105 ILCS 5/19b-1.4)  (from Ch. 122, par. 19b-1.4)
12    Sec. 19b-1.4. Request for proposals. "Request for
13proposals" means a competitive selection achieved by
14negotiated procurement. The request for proposals shall be
15submitted to the administrators of the Capital Development
16Board Procurement Bulletin for publication and through at least
17one public notice, at least 30 days before the request date in
18a newspaper published in the district or vocational center
19area, or if no newspaper is published in the district or
20vocational center area, in a newspaper of general circulation
21in the area of the district or vocational center, from a school
22district or area vocational center that will administer the
23program, requesting innovative solutions and proposals for
24energy conservation measures. Proposals submitted shall be
25sealed. The request for proposals shall include all of the

 

 

SB3472- 7 -LRB101 20028 NHT 69558 b

1following:
2        (1) The name and address of the school district or area
3    vocation center.
4        (2) The name, address, title, and phone number of a
5    contact person.
6        (3) Notice indicating that the school district or area
7    vocational center is requesting qualified providers to
8    propose energy conservation measures through a guaranteed
9    energy savings contract.
10        (4) The date, time, and place where proposals must be
11    received.
12        (5) The evaluation criteria for assessing the
13    proposals.
14        (6) Any other stipulations and clarifications the
15    school district or area vocational center may require.
16(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
 
17    (105 ILCS 5/19b-1.5 new)
18    Sec. 19b-1.5. Energy operating cost. "Energy operating
19cost" means any expenditure paid by a school district or area
20vocational center to a third party for the furnishing of heat,
21cold, power, electricity, water, or light to any building or
22facility owned or operated by a school district or area
23vocational center. "Energy operating cost" shall be directly
24related to the energy consumption of a structure. "Energy
25operating cost" does not include calculations related to

 

 

SB3472- 8 -LRB101 20028 NHT 69558 b

1general maintenance and custodial costs, including, but not
2limited to, window cleaning, floor waxing, carpet vacuuming and
3cleaning, mowing of lawns, trash removal, playground
4maintenance, and similar indirect costs.
 
5    (105 ILCS 5/19b-2)  (from Ch. 122, par. 19b-2)
6    Sec. 19b-2. Evaluation of proposal; performance review.
7Before entering into a guaranteed energy savings contract under
8Section 19b-3, a school district or area vocational center
9shall submit a request for proposals. The school district or
10area vocational center shall evaluate any sealed proposal from
11a qualified provider. The evaluation shall analyze the
12estimates of all costs of installations, modifications or
13remodeling, including, without limitation, costs of a
14pre-installation energy audit or analysis, design,
15engineering, installation, maintenance, repairs, debt service,
16conversions to a different energy or fuel source, or
17post-installation project monitoring, data collection, and
18reporting. The evaluation shall include a detailed analysis of
19whether either the energy consumed or the energy operating
20costs, or both, will be reduced and shall be submitted to the
21administrators of the Capital Development Board Procurement
22Bulletin for publication. If technical assistance is not
23available by the a licensed architect of record or registered
24professional engineer of record for on the school district or
25area vocational center staff, then the evaluation of the

 

 

SB3472- 9 -LRB101 20028 NHT 69558 b

1proposal shall be done by a registered professional engineer or
2architect, who is retained by the school district or area
3vocational center. A licensed architect or registered
4professional engineer evaluating a proposal or reviewing
5contract performance under this Section must not have any
6financial or contractual relationship with a qualified
7provider or other source that would constitute a conflict of
8interest. The school district or area vocational center may pay
9a reasonable fee for evaluation of the proposal or the review
10of contract performance or include the fee as part of the
11payments made under Section 19b-4.
12    Performance reviews shall be conducted at least once every
134 years at the discretion of the school district or area
14vocational center to verify the outcomes of the guaranteed
15energy savings contract and shall include any improvement,
16repair, alteration, or betterment of any building or facility
17owned or operated by a school district or area vocational
18center or any equipment, fixture, or furnishing added to or
19used in any such building or facility. A performance review
20shall be performed during a health and life safety survey under
21Section 2-3.12 of this Code.
22(Source: P.A. 95-612, eff. 9-11-07.)
 
23    (105 ILCS 5/19b-2.1 new)
24    Sec. 19b-2.1. Submission of proposals. Proposals must be
25properly identified and sealed. Proposals may not be reviewed

 

 

SB3472- 10 -LRB101 20028 NHT 69558 b

1until after the deadline for submission has passed as set forth
2in the request for proposals. All qualified providers
3submitting proposals shall be disclosed after the deadline for
4submission but not before. Proposals shall identify the names
5of all parties to the proposed contract, including those that
6may be subcontracted during the performance of the contract.
7Proposals must meet all material requirements of the request
8for proposals, or they may be rejected as non-responsive.
9Proposals may be withdrawn prior to evaluation for any cause.
10No person or business who contracts with a local government to
11write specifications or otherwise provides specifications or
12assessments for a procurement need under this Section shall
13submit a bid or proposal or receive a contract for that
14procurement need. The specifications or assessments may be
15provided at no cost by a vendor or may be provided by the local
16government itself. All projects procured under this Section
17shall comply with Section 2-3.12 of this Code, if applicable,
18and are subject to review by the State Board of Education.
 
19    (105 ILCS 5/19b-3)  (from Ch. 122, par. 19b-3)
20    Sec. 19b-3. Award of guaranteed energy savings contract.
21Sealed proposals must be opened by a member or employee of the
22school board or governing board of the area vocational center,
23whichever is applicable, at a public opening at which the
24contents of the proposals must be announced. Each person or
25entity submitting a sealed proposal must receive at least 13

 

 

SB3472- 11 -LRB101 20028 NHT 69558 b

1days notice of the time and place of the opening. The school
2district or area vocational center shall select the qualified
3provider that best meets the needs of the district or area
4vocational center. The school district or area vocational
5center shall provide public notice of the meeting at which it
6proposes to award a guaranteed energy savings contract of the
7names of the parties to the proposed contract and of the
8purpose of the contract. The public notice shall be made at
9least 10 days prior to the meeting. After evaluating the
10proposals under Section 19b-2, a school district or area
11vocational center may enter into a guaranteed energy savings
12contract with a qualified provider if it finds that the amount
13it would spend on the energy conservation measures recommended
14in the proposal would not exceed the amount to be saved in
15either energy operating or operational costs, or both, within
16an 8-year a 20-year period from the date of installation, if
17the recommendations in the proposal are followed. Contracts let
18or awarded must be submitted to the administrators of the
19Capital Development Board Procurement Bulletin for
20publication. The final contract and any subsequent
21modifications and successful proposals, evaluations, and
22performance reviews shall be considered public records subject
23to inspection and copying by the public. All subsequent
24modifications that increase the guaranteed energy savings
25contract length or scope of work are subject to a new request
26for proposals pursuant to this Article.

 

 

SB3472- 12 -LRB101 20028 NHT 69558 b

1(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
 
2    (105 ILCS 5/19b-4)  (from Ch. 122, par. 19b-4)
3    Sec. 19b-4. Guarantee. The guaranteed energy savings
4contract shall include a written guarantee of the qualified
5provider that either the energy operating or operational cost
6savings, or both, will meet or exceed within 8 20 years the
7costs of the energy conservation measures. The qualified
8provider shall reimburse the school district or area vocational
9center within 90 days for any shortfall of guaranteed energy
10savings projected in the contract. A qualified provider shall
11provide a sufficient bond to the school district or area
12vocational center for the installation and the faithful
13performance of all the measures included in the contract. The
14guaranteed energy savings contract may provide for payments
15over a period of time, not to exceed 8 20 years from the date of
16final installation of the measures.
17(Source: P.A. 92-767, eff. 8-6-02.)
 
18    (105 ILCS 5/19b-5)  (from Ch. 122, par. 19b-5)
19    Sec. 19b-5. Installment payment contract; lease purchase
20agreement. A school district or school districts in combination
21or an area vocational center may enter into an installment
22payment contract or lease purchase agreement with a qualified
23provider or with a third party, as authorized by law, for the
24funding or financing of the purchase and installation of energy

 

 

SB3472- 13 -LRB101 20028 NHT 69558 b

1conservation measures by a qualified provider. Every school
2district or area vocational center may issue certificates
3evidencing the indebtedness incurred pursuant to the contracts
4or agreements. Any such contract or agreement shall be valid
5whether or not an appropriation with respect thereto is first
6included in any annual or supplemental budget adopted by the
7school district or area vocational center. Each contract or
8agreement entered into by a school district or area vocational
9center pursuant to this Section shall be authorized by official
10action of the school board or governing board of the area
11vocational center, whichever is applicable. The authority
12granted in this Section is in addition to any other authority
13granted by law.
14    If an energy audit is performed by an energy services
15contractor for a school district within the 3 years immediately
16preceding the solicitation, then the school district must
17publish as a reference document in the solicitation for energy
18conservation measures the following:
19        (1) an executive summary of the energy audit provided
20    that the school district may exclude any proprietary or
21    trademarked information or practices; or
22        (2) the energy audit provided that the school district
23    may redact any proprietary or trademarked information or
24    practices.
25For purposes of this Section, proprietary information or
26practices does not include overhead or profit calculations or

 

 

SB3472- 14 -LRB101 20028 NHT 69558 b

1allowances.
2A school district may not withhold the disclosure of
3information related to (i) the school district's consumption of
4energy or energy operating costs, (ii) the physical condition
5of the school district's facilities, and (iii) any limitations
6prescribed by the school district.
7    The solicitation must include a written disclosure that
8identifies any energy services contractor or qualified
9provider that participated in the preparation of the
10specifications issued by the school district. If no energy
11services contractor or qualified provider participated in the
12preparation of the specifications issued by the school
13district, then the solicitation must include a written
14disclosure that no energy services contractor or qualified
15provider participated in the preparation of the specifications
16for the school district. The written disclosure shall be
17published in the Capital Development Board Procurement
18Bulletin with the Request for Proposal.
19(Source: P.A. 96-1197, eff. 7-22-10; 97-333, eff. 8-12-11.)
 
20    (105 ILCS 5/19b-7)  (from Ch. 122, par. 19b-7)
21    Sec. 19b-7. Energy operating Operational and energy cost
22savings. The school district or area vocational center shall
23document the operational and energy operating cost savings
24specified in the guaranteed energy savings contract and
25designate and appropriate that amount for an annual payment of

 

 

SB3472- 15 -LRB101 20028 NHT 69558 b

1the contract. If the annual energy operating cost savings are
2less than projected under the guaranteed energy savings
3contract, the qualified provider shall, within 90 days, pay the
4difference as provided in Section 19b-4.
5(Source: P.A. 92-767, eff. 8-6-02.)
 
6    (105 ILCS 5/19b-8)  (from Ch. 122, par. 19b-8)
7    Sec. 19b-8. Available funds. A school district or area
8vocational center may use funds designated for energy operating
9cost operating or capital expenditures for any guaranteed
10energy savings contract including purchases using installment
11payment contracts or lease purchase agreements. A school
12district or area vocational center that enters into such a
13contract or agreement may covenant in such contract or
14agreement that payments made thereunder shall be payable from
15the first funds legally available in each fiscal year.
16(Source: P.A. 92-767, eff. 8-6-02.)
 
17    (105 ILCS 5/19b-90 new)
18    Sec. 19b-90. New or modified contracts prohibited. No new
19guaranteed energy savings contract, contract modifications, or
20contract amendments may be entered into on or after January 1,
212021.
 
22    (105 ILCS 5/19b-95 new)
23    Sec. 19b-95. Repeal. This Article is repealed 20 years

 

 

SB3472- 16 -LRB101 20028 NHT 69558 b

1after the effective date of this amendatory Act of the 101st
2General Assembly.