Sen. William R. Haine

Filed: 4/15/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 241

2    AMENDMENT NO. ______. Amend Senate Bill 241 by replacing
3everything after the enacting clause with the following:
 
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
7and 19b-2.1 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 him by school boards, and to
15approve all those which comply substantially with the building
16code authorized in Section 2-3.12.

 

 

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1    If a municipality or, in the case of an unincorporated
2area, a county or, if applicable, a fire protection district
3wishes to be notified of plans and specifications received by a
4regional office of education for any future construction or
5alteration of a public school facility located within that
6entity's jurisdiction, then the entity must register this wish
7with the regional superintendent of schools. Within 10 days
8after the regional superintendent of schools receives the plans
9and specifications from a school board and prior to the bidding
10process, he or she shall notify, in writing, the registered
11municipality and, if applicable, the registered fire
12protection district where the school that is being constructed
13or altered lies that plans and specifications have been
14received. In the case of an unincorporated area, the registered
15county shall be notified. If the municipality, fire protection
16district, or county requests a review of the plans and
17specifications, then the school board shall submit a copy of
18the plans and specifications. The municipality and, if
19applicable, the fire protection district or the county may
20comment in writing on the plans and specifications based on the
21building code authorized in Section 2-3.12, referencing the
22specific code where a discrepancy has been identified, and
23respond back to the regional superintendent of schools within
2415 days after a copy of the plans and specifications have been
25received or, if needed for plan review, such additional time as
26agreed to by the regional superintendent of schools. This

 

 

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1review must be at no cost to the school district.
2    If such plans and specifications are not approved or denied
3approval by the regional superintendent of schools within 3
4months after the date on which they are submitted to him or
5her, the school board may submit such plans and specifications
6directly to the State Superintendent of Education for approval
7or denial.
8(Source: P.A. 94-225, eff. 7-14-05.)
 
9    (105 ILCS 5/19b-1.1)  (from Ch. 122, par. 19b-1.1)
10    Sec. 19b-1.1. Energy conservation measure. "Energy
11conservation measure" means any improvement, repair,
12alteration, or betterment of any building or facility owned or
13operated by a school district or area vocational center or any
14equipment, fixture, or furnishing to be added to or used in any
15such building or facility, according to plans and
16specifications designed and approved subject to the building
17code authorized in Section 2-3.12 of this Code, that is
18proposed designed to reduce energy consumption or operating
19costs, and may include, without limitation, one or more of the
20following:
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

 

 

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1    door systems, additional glazing, reductions in glass
2    area, or other window and door system modifications that
3    reduce energy consumption.
4        (3) Automated or computerized energy control systems.
5        (4) Heating, ventilating, or air conditioning system
6    modifications or replacements.
7        (5) Replacement or modification of lighting fixtures
8    to increase the energy efficiency of the lighting system
9    without increasing the overall illumination of a facility,
10    unless an increase in illumination is necessary to conform
11    to the applicable State or local building code for the
12    lighting system after the proposed modifications are made.
13        (6) Energy recovery systems.
14        (7) (Blank) Energy conservation measures that provide
15    long-term operating cost reductions.
16(Source: P.A. 95-612, eff. 9-11-07.)
 
17    (105 ILCS 5/19b-1.2)  (from Ch. 122, par. 19b-1.2)
18    Sec. 19b-1.2. Guaranteed energy savings contract.
19"Guaranteed energy savings contract" means a contract for: (i)
20the implementation of an energy audit, data collection, and
21other related analyses preliminary to the undertaking of energy
22conservation measures; (ii) the evaluation and recommendation
23of energy conservation measures; (iii) the implementation of
24one or more energy conservation measures; and (iv) the
25implementation of project monitoring and data collection to

 

 

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1verify post-installation energy consumption and energy-related
2operating costs. The contract shall provide that all payments,
3except obligations on termination of the contract before its
4expiration, are to be made over time and that the savings are
5guaranteed to the extent necessary to pay the costs of the
6energy conservation measures. Energy saving may include energy
7reduction and offsetting sources of renewable energy funds
8including renewable energy credits and carbon credits.
9(Source: P.A. 96-1197, eff. 7-22-10.)
 
10    (105 ILCS 5/19b-1.3)  (from Ch. 122, par. 19b-1.3)
11    Sec. 19b-1.3. Qualified provider. "Qualified provider"
12means a person or business whose employees are experienced and
13trained in the design, implementation, or installation of
14energy conservation measures. The minimum training required
15for any person or employee under this Section shall be the
16satisfactory completion of at least 40 hours of course
17instruction dealing with energy conservation measures, and the
18person or business may not engage in the practice of
19architecture, engineering, or structural engineering unless
20the person is licensed or the business is registered in
21accordance with the Illinois Architecture Practice Act of 1989,
22the Professional Engineering Practice Act of 1989, or the
23Structural Engineering Practice Act of 1989, and the rules
24adopted pursuant to those Acts. A person or business may not
25engage in the practice of plumbing unless the person is

 

 

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1licensed in accordance with the Illinois Plumbing License Law.
2A qualified provider to whom the contract is awarded shall give
3a sufficient bond to the school district or area vocational
4center for its faithful performance.
5(Source: P.A. 92-767, eff. 8-6-02.)
 
6    (105 ILCS 5/19b-1.4)  (from Ch. 122, par. 19b-1.4)
7    Sec. 19b-1.4. Request for proposals. "Request for
8proposals" means a competitive selection achieved by
9negotiated procurement. The request for proposals shall be
10submitted to the administrators of the Capital Development
11Board Procurement Bulletin for publication and through at least
12one public notice, at least 30 days before the request date in
13a newspaper published in the district or vocational center
14area, or if no newspaper is published in the district or
15vocational center area, in a newspaper of general circulation
16in the area of the district or vocational center, from a school
17district or area vocational center that will administer the
18program, requesting innovative solutions and proposals for
19energy conservation measures. Proposals submitted shall be
20sealed. The request for proposals shall include all of the
21following:
22        (1) The name and address of the school district or area
23    vocation center.
24        (2) The name, address, title, and phone number of a
25    contact person.

 

 

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1        (3) Notice indicating that the school district or area
2    vocational center is requesting qualified providers to
3    propose energy conservation measures through a guaranteed
4    energy savings contract.
5        (4) The date, time, and place where proposals must be
6    received.
7        (5) The evaluation criteria for assessing the
8    proposals.
9        (6) Any other stipulations and clarifications the
10    school district or area vocational center may require.
11(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
 
12    (105 ILCS 5/19b-1.5 new)
13    Sec. 19b-1.5. Energy operating cost. "Energy operating
14cost" means any expenditure paid by a school district or area
15vocational center for the furnishing of heat, cold, power,
16electricity, water or light to any building or facility owned
17or operated by a school district or area vocational center.
 
18    (105 ILCS 5/19b-2)  (from Ch. 122, par. 19b-2)
19    Sec. 19b-2. Evaluation of proposal; performance review.
20Before entering into a guaranteed energy savings contract under
21Section 19b-3, a school district or area vocational center
22shall submit a request for proposals. The school district or
23area vocational center shall evaluate any sealed proposal from
24a qualified provider. The evaluation shall analyze the

 

 

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1estimates of all costs of installations, modifications or
2remodeling, including, without limitation, costs of a
3pre-installation energy audit or analysis, design,
4engineering, installation, maintenance, repairs, debt service,
5conversions to a different energy or fuel source, or
6post-installation project monitoring, data collection, and
7reporting. The evaluation shall include a detailed analysis of
8whether either the energy consumed or the energy operating
9costs, or both, will be reduced. If technical assistance is not
10available by a licensed architect or registered professional
11engineer on the school district or area vocational center
12staff, then the evaluation of the proposal shall be done by a
13registered professional engineer or architect, who is retained
14by the school district or area vocational center. A licensed
15architect or registered professional engineer evaluating a
16proposal or reviewing contract performance under this Section
17must not have any financial or contractual relationship with a
18qualified provider or other source that would constitute a
19conflict of interest. The school district or area vocational
20center may pay a reasonable fee for evaluation of the proposal
21or the review of contract performance or include the fee as
22part of the payments made under Section 19b-4.
23    Performance reviews shall be conducted at the discretion of
24the school district or area vocational center to verify the
25outcomes of the guaranteed energy savings contract and shall
26include any improvement, repair, alteration, or betterment of

 

 

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1any building or facility owned or operated by a school district
2or area vocational center or any equipment, fixture, or
3furnishing added to or used in any such building or facility. A
4qualified provider may not withhold the disclosure of
5information related to the content of a proposal or the
6performance of the contract.
7(Source: P.A. 95-612, eff. 9-11-07.)
 
8    (105 ILCS 5/19b-2.1 new)
9    Sec. 19b-2.1. Submission of proposals. Proposals must be
10properly identified and sealed. Proposals may not be reviewed
11until after the deadline for submission has passed as set forth
12in the request for proposals. All qualified providers
13submitting proposals shall be disclosed after the deadline for
14submission but not before. Proposals shall identify the names
15of all parties to the proposed contract including those which
16may be subcontracted during the performance of the contract.
17Proposals must meet all material requirements of the request
18for proposal or they may be rejected as non-responsive.
19Proposals may be withdrawn prior to evaluation for any cause.
 
20    (105 ILCS 5/19b-3)  (from Ch. 122, par. 19b-3)
21    Sec. 19b-3. Award of guaranteed energy savings contract.
22Sealed proposals must be opened by a member or employee of the
23school board or governing board of the area vocational center,
24whichever is applicable, at a public opening at which the

 

 

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1contents of the proposals must be announced. Each person or
2entity submitting a sealed proposal must receive at least 13
3days notice of the time and place of the opening. The school
4district or area vocational center shall select the qualified
5provider that best meets the needs of the district or area
6vocational center. The school district or area vocational
7center shall provide public notice of the meeting at which it
8proposes to award a guaranteed energy savings contract of the
9names of the parties to the proposed contract and of the
10purpose of the contract. The public notice shall be made at
11least 10 days prior to the meeting. After evaluating the
12proposals under Section 19b-2, a school district or area
13vocational center may enter into a guaranteed energy savings
14contract with a qualified provider if it finds that the amount
15it would spend on the energy conservation measures recommended
16in the proposal would not exceed the amount to be saved in
17either energy operating or operational costs, or both, within a
1810-year 20-year period from the date of installation, if the
19recommendations in the proposal are followed. Contracts let or
20awarded must be submitted to the administrators of the Capital
21Development Board Procurement Bulletin for publication. The
22final contract and any subsequent modifications and successful
23proposals, evaluations, and performance review shall be
24considered public records subject to inspection and copying by
25the public.
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-4)  (from Ch. 122, par. 19b-4)
2    Sec. 19b-4. Guarantee. The guaranteed energy savings
3contract shall include a written guarantee of the qualified
4provider that either the energy operating or operational cost
5savings, or both, will meet or exceed within 10 20 years the
6costs of the energy conservation measures. The qualified
7provider shall reimburse the school district or area vocational
8center for any shortfall of guaranteed energy savings projected
9in the contract. A qualified provider shall provide a
10sufficient bond to the school district or area vocational
11center for the installation and the faithful performance of all
12the measures included in the contract. The guaranteed energy
13savings contract may provide for payments over a period of
14time, not to exceed 10 20 years from the date of final
15installation of the measures.
16(Source: P.A. 92-767, eff. 8-6-02.)
 
17    (105 ILCS 5/19b-5)  (from Ch. 122, par. 19b-5)
18    Sec. 19b-5. Installment payment contract; lease purchase
19agreement. A school district or school districts in combination
20or an area vocational center may enter into an installment
21payment contract or lease purchase agreement with a qualified
22provider or with a third party, as authorized by law, for the
23funding or financing of the purchase and installation of energy
24conservation measures by a qualified provider. Every school

 

 

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

 

 

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1of the school district's facilities, and (iii) any limitations
2prescribed by the school district.
3    The solicitation must include a written disclosure that
4identifies any energy services contractor or qualified
5provider that participated in the preparation of the
6specifications issued by the school district. If no energy
7services contractor or qualified provider participated in the
8preparation of the specifications issued by the school
9district, then the solicitation must include a written
10disclosure that no energy services contractor or qualified
11provider participated in the preparation of the specifications
12for the school district. The written disclosure shall be
13published in the Capital Development Board Procurement
14Bulletin with the Request for Proposal.
15(Source: P.A. 96-1197, eff. 7-22-10; 97-333, eff. 8-12-11.)
 
16    (105 ILCS 5/19b-7)  (from Ch. 122, par. 19b-7)
17    Sec. 19b-7. Energy operating Operational and energy cost
18savings. The school district or area vocational center shall
19document the operational and energy operating cost savings
20specified in the guaranteed energy savings contract and
21designate and appropriate that amount for an annual payment of
22the contract. If the annual energy operating cost savings are
23less than projected under the guaranteed energy savings
24contract the qualified provider shall pay the difference as
25provided in Section 19b-4.

 

 

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1(Source: P.A. 92-767, eff. 8-6-02.)
 
2    (105 ILCS 5/19b-8)  (from Ch. 122, par. 19b-8)
3    Sec. 19b-8. Available funds. A school district or area
4vocational center may use funds designated for energy operating
5cost operating or capital expenditures for any guaranteed
6energy savings contract including purchases using installment
7payment contracts or lease purchase agreements. A school
8district or area vocational center that enters into such a
9contract or agreement may covenant in such contract or
10agreement that payments made thereunder shall be payable from
11the first funds legally available in each fiscal year.
12(Source: P.A. 92-767, eff. 8-6-02.)".