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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.
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