Illinois General Assembly - Full Text of SB1287
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Full Text of SB1287  100th General Assembly




State of Illinois
2017 and 2018


Introduced 2/9/2017, by Sen. John G. Mulroe


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

    Amends the School Code. Provides that a duty of regional superintendents is to inspect the energy conservation measures of schools under the Code. In provisions concerning school energy conservation and savings measures, provides that qualified providers need to be licensed in accordance with the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, or the Structural Engineering Practice Act of 1989. Provides for procedures for the submission of proposals. Provides for changes made under guaranteed energy savings contracts to be subject to performance reviews. Changes the period of time in which guaranteed energy savings contracts begin becoming cost effective from 20 years to 8 years. Changes references from "energy or operational costs" to "energy operating costs". Makes changes to various definitions. Makes other changes.

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SB1287LRB100 10392 MLM 20589 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
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.
17    If a municipality or, in the case of an unincorporated
18area, a county or, if applicable, a fire protection district
19wishes to be notified of plans and specifications received by a
20regional office of education for any future construction or
21alteration of a public school facility located within that
22entity's jurisdiction, then the entity must register this wish
23with the regional superintendent of schools. Within 10 days



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1after the regional superintendent of schools receives the plans
2and specifications from a school board and prior to the bidding
3process, he or she shall notify, in writing, the registered
4municipality and, if applicable, the registered fire
5protection district where the school that is being constructed
6or altered lies that plans and specifications have been
7received. In the case of an unincorporated area, the registered
8county shall be notified. If the municipality, fire protection
9district, or county requests a review of the plans and
10specifications, then the school board shall submit a copy of
11the plans and specifications. The municipality and, if
12applicable, the fire protection district or the county may
13comment in writing on the plans and specifications based on the
14building code authorized in Section 2-3.12, referencing the
15specific code where a discrepancy has been identified, and
16respond back to the regional superintendent of schools within
1715 days after a copy of the plans and specifications have been
18received or, if needed for plan review, such additional time as
19agreed to by the regional superintendent of schools. This
20review must be at no cost to the school district.
21    If such plans and specifications are not approved or denied
22approval by the regional superintendent of schools within 3
23months after the date on which they are submitted to him or
24her, the school board may submit such plans and specifications
25directly to the State Superintendent of Education for approval
26or denial.



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



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1    to increase the energy efficiency of the lighting system
2    without increasing the overall illumination of a facility,
3    unless an increase in illumination is necessary to conform
4    to the applicable State or local building code for the
5    lighting system after the proposed modifications are made.
6        (6) Energy recovery systems.
7        (7) (Blank) Energy conservation measures that provide
8    long-term operating cost reductions.
9(Source: P.A. 95-612, eff. 9-11-07.)
10    (105 ILCS 5/19b-1.2)  (from Ch. 122, par. 19b-1.2)
11    Sec. 19b-1.2. Guaranteed energy savings contract.
12"Guaranteed energy savings contract" means a contract for: (i)
13the implementation of an energy audit, data collection, and
14other related analyses preliminary to the undertaking of energy
15conservation measures; (ii) the evaluation and recommendation
16of energy conservation measures; (iii) the implementation of
17one or more energy conservation measures; and (iv) the
18implementation of project monitoring and data collection to
19verify post-installation energy consumption and energy-related
20operating costs. The contract shall provide that all payments,
21except obligations on termination of the contract before its
22expiration, are to be made over time and that the savings are
23guaranteed to the extent necessary to pay the costs of the
24energy conservation measures. Energy saving may include energy
25reduction and offsetting sources of renewable energy funds



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1including renewable energy credits and carbon credits.
2(Source: P.A. 96-1197, eff. 7-22-10.)
3    (105 ILCS 5/19b-1.3)  (from Ch. 122, par. 19b-1.3)
4    Sec. 19b-1.3. Qualified provider. "Qualified provider"
5means a person or business whose employees are experienced and
6trained in the design, implementation, or installation of
7energy conservation measures. The minimum training required
8for any person or employee under this Section shall be the
9satisfactory completion of at least 40 hours of course
10instruction dealing with energy conservation measures, and the
11person or business may not engage in the practice of
12architecture, engineering, or structural engineering unless
13the person is licensed or the business is registered in
14accordance with the Illinois Architecture Practice Act of 1989,
15the Professional Engineering Practice Act of 1989, or the
16Structural Engineering Practice Act of 1989, and the rules
17adopted pursuant to those Acts. A person or business may not
18engage in the practice of plumbing unless the person is
19licensed in accordance with the Illinois Plumbing License Law.
20A qualified provider to whom the contract is awarded shall give
21a sufficient bond to the school district or area vocational
22center for its faithful performance.
23(Source: P.A. 92-767, eff. 8-6-02.)
24    (105 ILCS 5/19b-1.4)  (from Ch. 122, par. 19b-1.4)



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1    Sec. 19b-1.4. Request for proposals. "Request for
2proposals" means a competitive selection achieved by
3negotiated procurement. The request for proposals shall be
4submitted to the administrators of the Capital Development
5Board Procurement Bulletin for publication and through at least
6one public notice, at least 30 days before the request date in
7a newspaper published in the district or vocational center
8area, or if no newspaper is published in the district or
9vocational center area, in a newspaper of general circulation
10in the area of the district or vocational center, from a school
11district or area vocational center that will administer the
12program, requesting innovative solutions and proposals for
13energy conservation measures. Proposals submitted shall be
14sealed. The request for proposals shall include all of the
16        (1) The name and address of the school district or area
17    vocation center.
18        (2) The name, address, title, and phone number of a
19    contact person.
20        (3) Notice indicating that the school district or area
21    vocational center is requesting qualified providers to
22    propose energy conservation measures through a guaranteed
23    energy savings contract.
24        (4) The date, time, and place where proposals must be
25    received.
26        (5) The evaluation criteria for assessing the



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1    proposals.
2        (6) Any other stipulations and clarifications the
3    school district or area vocational center may require.
4(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
5    (105 ILCS 5/19b-1.5 new)
6    Sec. 19b-1.5. Energy operating cost. "Energy operating
7cost" means any expenditure paid by a school district or area
8vocational center for the furnishing of heat, cold, power,
9electricity, water or light to any building or facility owned
10or operated by a school district or area vocational center.
11    (105 ILCS 5/19b-2)  (from Ch. 122, par. 19b-2)
12    Sec. 19b-2. Evaluation of proposal; performance review.
13Before entering into a guaranteed energy savings contract under
14Section 19b-3, a school district or area vocational center
15shall submit a request for proposals. The school district or
16area vocational center shall evaluate any sealed proposal from
17a qualified provider. The evaluation shall analyze the
18estimates of all costs of installations, modifications or
19remodeling, including, without limitation, costs of a
20pre-installation energy audit or analysis, design,
21engineering, installation, maintenance, repairs, debt service,
22conversions to a different energy or fuel source, or
23post-installation project monitoring, data collection, and
24reporting. The evaluation shall include a detailed analysis of



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1whether either the energy consumed or the energy operating
2costs, or both, will be reduced. If technical assistance is not
3available by a licensed architect or registered professional
4engineer on the school district or area vocational center
5staff, then the evaluation of the proposal shall be done by a
6registered professional engineer or architect, who is retained
7by the school district or area vocational center. A licensed
8architect or registered professional engineer evaluating a
9proposal or reviewing contract performance under this Section
10must not have any financial or contractual relationship with a
11qualified provider or other source that would constitute a
12conflict of interest. The school district or area vocational
13center may pay a reasonable fee for evaluation of the proposal
14or the review of contract performance or include the fee as
15part of the payments made under Section 19b-4.
16    Performance reviews shall be conducted at the discretion of
17the school district or area vocational center to verify the
18outcomes of the guaranteed energy savings contract and shall
19include any improvement, repair, alteration, or betterment of
20any building or facility owned or operated by a school district
21or area vocational center or any equipment, fixture, or
22furnishing added to or used in any such building or facility. A
23qualified provider may not withhold the disclosure of
24information related to the content of a proposal or the
25performance of the contract.
26(Source: P.A. 95-612, eff. 9-11-07.)



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1    (105 ILCS 5/19b-2.1 new)
2    Sec. 19b-2.1. Submission of proposals. Proposals must be
3properly identified and sealed. Proposals may not be reviewed
4until after the deadline for submission has passed as set forth
5in the request for proposals. All qualified providers
6submitting proposals shall be disclosed after the deadline for
7submission but not before. Proposals shall identify the names
8of all parties to the proposed contract including those which
9may be subcontracted during the performance of the contract.
10Proposals must meet all material requirements of the request
11for proposal or they may be rejected as non-responsive.
12Proposals may be withdrawn prior to evaluation for any cause.
13    (105 ILCS 5/19b-3)  (from Ch. 122, par. 19b-3)
14    Sec. 19b-3. Award of guaranteed energy savings contract.
15Sealed proposals must be opened by a member or employee of the
16school board or governing board of the area vocational center,
17whichever is applicable, at a public opening at which the
18contents of the proposals must be announced. Each person or
19entity submitting a sealed proposal must receive at least 13
20days notice of the time and place of the opening. The school
21district or area vocational center shall select the qualified
22provider that best meets the needs of the district or area
23vocational center. The school district or area vocational
24center shall provide public notice of the meeting at which it



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1proposes to award a guaranteed energy savings contract of the
2names of the parties to the proposed contract and of the
3purpose of the contract. The public notice shall be made at
4least 10 days prior to the meeting. After evaluating the
5proposals under Section 19b-2, a school district or area
6vocational center may enter into a guaranteed energy savings
7contract with a qualified provider if it finds that the amount
8it would spend on the energy conservation measures recommended
9in the proposal would not exceed the amount to be saved in
10either energy operating or operational costs, or both, within a
118-year 20-year period from the date of installation, if the
12recommendations in the proposal are followed. Contracts let or
13awarded must be submitted to the administrators of the Capital
14Development Board Procurement Bulletin for publication. The
15final contract and any subsequent modifications and successful
16proposals, evaluations, and performance review shall be
17considered public records subject to inspection and copying by
18the public.
19(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
20    (105 ILCS 5/19b-4)  (from Ch. 122, par. 19b-4)
21    Sec. 19b-4. Guarantee. The guaranteed energy savings
22contract shall include a written guarantee of the qualified
23provider that either the energy operating or operational cost
24savings, or both, will meet or exceed within 8 20 years the
25costs of the energy conservation measures. The qualified



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1provider shall reimburse the school district or area vocational
2center for any shortfall of guaranteed energy savings projected
3in the contract. A qualified provider shall provide a
4sufficient bond to the school district or area vocational
5center for the installation and the faithful performance of all
6the measures included in the contract. The guaranteed energy
7savings contract may provide for payments over a period of
8time, not to exceed 8 20 years from the date of final
9installation of the measures.
10(Source: P.A. 92-767, eff. 8-6-02.)
11    (105 ILCS 5/19b-5)  (from Ch. 122, par. 19b-5)
12    Sec. 19b-5. Installment payment contract; lease purchase
13agreement. A school district or school districts in combination
14or an area vocational center may enter into an installment
15payment contract or lease purchase agreement with a qualified
16provider or with a third party, as authorized by law, for the
17funding or financing of the purchase and installation of energy
18conservation measures by a qualified provider. Every school
19district or area vocational center may issue certificates
20evidencing the indebtedness incurred pursuant to the contracts
21or agreements. Any such contract or agreement shall be valid
22whether or not an appropriation with respect thereto is first
23included in any annual or supplemental budget adopted by the
24school district or area vocational center. Each contract or
25agreement entered into by a school district or area vocational



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1center pursuant to this Section shall be authorized by official
2action of the school board or governing board of the area
3vocational center, whichever is applicable. The authority
4granted in this Section is in addition to any other authority
5granted by law.
6    If an energy audit is performed by an energy services
7contractor for a school district within the 3 years immediately
8preceding the solicitation, then the school district must
9publish as a reference document in the solicitation for energy
10conservation measures the following:
11        (1) an executive summary of the energy audit provided
12    that the school district may exclude any proprietary or
13    trademarked information or practices; or
14        (2) the energy audit provided that the school district
15    may redact any proprietary or trademarked information or
16    practices.
17A school district may not withhold the disclosure of
18information related to (i) the school district's consumption of
19energy or energy operating costs, (ii) the physical condition
20of the school district's facilities, and (iii) any limitations
21prescribed by the school district.
22    The solicitation must include a written disclosure that
23identifies any energy services contractor or qualified
24provider that participated in the preparation of the
25specifications issued by the school district. If no energy
26services contractor or qualified provider participated in the



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1preparation of the specifications issued by the school
2district, then the solicitation must include a written
3disclosure that no energy services contractor or qualified
4provider participated in the preparation of the specifications
5for the school district. The written disclosure shall be
6published in the Capital Development Board Procurement
7Bulletin with the Request for Proposal.
8(Source: P.A. 96-1197, eff. 7-22-10; 97-333, eff. 8-12-11.)
9    (105 ILCS 5/19b-7)  (from Ch. 122, par. 19b-7)
10    Sec. 19b-7. Energy operating Operational and energy cost
11savings. The school district or area vocational center shall
12document the operational and energy operating cost savings
13specified in the guaranteed energy savings contract and
14designate and appropriate that amount for an annual payment of
15the contract. If the annual energy operating cost savings are
16less than projected under the guaranteed energy savings
17contract the qualified provider shall pay the difference as
18provided in Section 19b-4.
19(Source: P.A. 92-767, eff. 8-6-02.)
20    (105 ILCS 5/19b-8)  (from Ch. 122, par. 19b-8)
21    Sec. 19b-8. Available funds. A school district or area
22vocational center may use funds designated for energy operating
23cost operating or capital expenditures for any guaranteed
24energy savings contract including purchases using installment



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1payment contracts or lease purchase agreements. A school
2district or area vocational center that enters into such a
3contract or agreement may covenant in such contract or
4agreement that payments made thereunder shall be payable from
5the first funds legally available in each fiscal year.
6(Source: P.A. 92-767, eff. 8-6-02.)