State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0767

HB3774 Enrolled                                LRB9211780NTpk

    AN ACT in relation to education.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The School Code is amended by adding Section
19b-1.05 and changing  Sections  19b-1.1,  19b-1.3,  19b-1.4,
19b-2, 19b-3, 19b-4, 19b-5, 19b-6, 19b-7, 19b-8, and 19b-9 as
follows:

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

    (105 ILCS 5/19b-1.1) (from Ch. 122, par. 19b-1.1)
    Sec.  19b-1.1.   Energy  conservation  measure.   "Energy
conservation  measure"   means   any   improvement,   repair,
alteration,  or  betterment of any building or facility owned
or operated by a school district or area vocational center or
any equipment, fixture, or furnishing to be added to or  used
in  any  such building or facility that is designed to reduce
energy consumption  or  operating  costs,  and  may  include,
without limitation, one or more of the following:
         (1)  Insulation of the building structure or systems
    within the building.
         (2)  Storm    windows    or   doors,   caulking   or
    weatherstripping,  multiglazed  windows  or  doors,  heat
    absorbing or heat reflective glazed and coated window  or
    door  systems,  additional  glazing,  reductions in glass
    area, or other window and door system modifications  that
    reduce energy consumption.
         (3)  Automated   or   computerized   energy  control
    systems.
         (4)  Heating,  ventilating,  or   air   conditioning
    system modifications or replacements.
         (5)  Replacement   or   modification   of   lighting
    fixtures   to  increase  the  energy  efficiency  of  the
    lighting   system   without   increasing   the    overall
    illumination   of  a  facility,  unless  an  increase  in
    illumination is necessary to conform  to  the  applicable
    State  or  local  building  code  for the lighting system
    after the proposed modifications are made.
         (6)  Energy recovery systems.
         (7)  Energy  conservation  measures   that   provide
    long-term operating cost reductions.
(Source: P.A. 87-1106.)

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

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

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

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

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

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

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

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

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

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

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

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

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

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 29, 2002.
    Approved August 06, 2002.
    Effective August 06, 2002.

[ Top ]