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105 ILCS 230/5-40

    (105 ILCS 230/5-40)
    Sec. 5-40. Supervision of school construction projects; green projects. The Capital Development Board shall exercise general supervision over school construction projects financed pursuant to this Article. School districts, however, must be allowed to choose the architect and engineer for their school construction projects, and no project may be disapproved by the State Board of Education or the Capital Development Board solely due to a school district's selection of an architect or engineer.
    With respect to those school construction projects for which a school district first applies for a grant on or after July 1, 2007, the school construction project must receive certification from the United States Green Building Council's Leadership in Energy and Environmental Design Green Building Rating System or the Green Building Initiative's Green Globes Green Building Rating System or must meet green building standards of the Capital Development Board and its Green Building Advisory Committee. With respect to those school construction projects for which a school district applies for a grant on or after July 1, 2009, the school construction project must receive silver certification from the United States Green Building Council's Leadership in Energy and Environmental Design Green Building Rating System unless all of the following are met:
        (1) the application submitted can be categorized as a
    
capital need prioritized under item (1) of Section 5-30 of this Law;
        (2) the renovation or replacement school construction
    
project is less than 40% replacement cost, or the project has been granted a waiver by the Capital Development Board in consultation with the State Board of Education in accordance with rules promulgated pursuant to this Law;
        (3) the school construction project is located in a
    
county that borders the Mississippi River with a population of more than 33,000 and less than 34,000, according to the 2010 decennial census;
        (4) the school district for which the school
    
construction grant will be issued has no more than 1,100 students, with the relevant school facility housing no more than 700 students;
        (5) the facilities for which the school construction
    
grant will be used have been condemned as of July 23, 2012; and
        (6) the application for the school construction grant
    
has been approved prior to the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-623, eff. 1-7-14.)