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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
|[ House Amendment 002 ]|
90_SB0529enr 110 ILCS 805/7-20 from Ch. 122, par. 107-20 Amends the Public Community College Act. Supplies a caption to a Section relating to ascertainment of the tax rate in a community college district located in Chicago. LRB9002425THcw SB529 Enrolled LRB9002425THcw 1 AN ACT relating to higher education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Public University Energy Conservation Act. 6 Section 5. Definitions. In this Act words and phrases 7 have the meanings set forth in the following Sections 8 preceding Section 10. 9 Section 5.5. Public university. "Public university" 10 means any of the the following institutions of higher 11 learning: the University of Illinois, Southern Illinois 12 University, Northern Illinois University, Eastern Illinois 13 University, Western Illinois University, Northeastern 14 Illinois University, Chicago State University, Governors 15 State University, or Illinois State University, acting in 16 each case through its board of trustees or through a designee 17 of that board. 18 Section 5-10. Energy conservation measure. "Energy 19 conservation measure" means any improvement, repair, 20 alteration, or betterment of any building or facility owned 21 or operated by a public university or any equipment, fixture, 22 or furnishing to be added to or used in any such building or 23 facility that is designed to reduce energy consumption or 24 operating costs, and may include, without limitation, one or 25 more of the following: 26 (1) Insulation of the building structure or systems 27 within the building. 28 (2) Storm windows or doors, caulking or 29 weatherstripping, multiglazed windows or doors, heat SB529 Enrolled -2- LRB9002425THcw 1 absorbing or heat reflective glazed and coated window or 2 door systems, additional glazing, reductions in glass 3 area, or other window and door system modifications that 4 reduce energy consumption. 5 (3) Automated or computerized energy control 6 systems. 7 (4) Heating, ventilating, or air conditioning 8 system modifications or replacements. 9 (5) Replacement or modification of lighting 10 fixtures to increase the energy efficiency of the 11 lighting system without increasing the overall 12 illumination of a facility, unless an increase in 13 illumination is necessary to conform to the applicable 14 State or local building code for the lighting system 15 after the proposed modifications are made. 16 (6) Energy recovery systems. 17 (7) Energy conservation measures that provide 18 long-term operating cost reductions. 19 Section 5-15. Guaranteed energy savings contract. 20 "Guaranteed energy savings contract" means a contract for: 21 (i) the implementation of an energy audit, data collection, 22 and other related analyses preliminary to the undertaking of 23 energy conservation measures; (ii) the evaluation and 24 recommendation of energy conservation measures; (iii) the 25 implementation of one or more energy conservation measures; 26 and (iv) the implementation of project monitoring and data 27 collection to verify post-installation energy consumption and 28 energy-related operating costs. The contract shall provide 29 that all payments, except obligations on termination of the 30 contract before its expiration, are to be made over time and 31 that the savings are guaranteed to the extent necessary to 32 pay the costs of the energy conservation measures. SB529 Enrolled -3- LRB9002425THcw 1 Section 5-20. Qualified provider. "Qualified provider" 2 means a person or business whose employees are experienced 3 and trained in the design, implementation, or installation of 4 energy conservation measures. The minimum training required 5 for any person or employee under this Section shall be the 6 satisfactory completion of at least 40 hours of course 7 instruction dealing with energy conservation measures. A 8 qualified provider to whom the contract is awarded shall give 9 a sufficient bond to the public university for its faithful 10 performance. 11 Section 5-25. Request for proposals. "Request for 12 proposals" means a negotiated procurement. The request for 13 proposals shall be announced by the public university that 14 will administer the program through at least one public 15 notice, at least 10 days before the request date, in a 16 newspaper published in the county in which that public 17 university is located, or if no newspaper is published in 18 that county, in a newspaper of general circulation in the 19 area of that county, requesting innovative solutions and 20 proposals for energy conservation measures. Proposals 21 submitted shall be sealed. The request for proposals shall 22 include all of the following: 23 (1) The name and address of the public university 24 that will administer the program. 25 (2) The name, address, title, and phone number of a 26 contact person. 27 (3) Notice indicating that the public university is 28 requesting qualified providers to propose energy 29 conservation measures through a guaranteed energy savings 30 contract. 31 (4) The date, time, and place where proposals must 32 be received. 33 (5) The evaluation criteria for assessing the SB529 Enrolled -4- LRB9002425THcw 1 proposals. 2 (6) Any other stipulations and clarifications the 3 public university may require. 4 Section 10. Evaluation of proposal. Before entering 5 into a guaranteed energy savings contract under Section 15, a 6 public university shall submit a request for proposals. The 7 public university shall evaluate any sealed proposal from a 8 qualified provider. The evaluation shall analyze the 9 estimates of all costs of installations, modifications or 10 remodeling, including, without limitation, costs of a 11 pre-installation energy audit or analysis, design, 12 engineering, installation, maintenance, repairs, debt 13 service, conversions to a different energy or fuel source, or 14 post-installation project monitoring, data collection, and 15 reporting. The evaluation shall include a detailed analysis 16 of whether either the energy consumed or the operating costs, 17 or both, will be reduced. If technical assistance is not 18 available by a licensed architect or registered professional 19 engineer on the staff of the public university, then the 20 evaluation of the proposal shall be done by a registered 21 professional engineer or architect, who is retained by the 22 public university. The public university may pay a 23 reasonable fee for evaluation of the proposal or include the 24 fee as part of the payments made under Section 20. 25 Section 15. Award of guaranteed energy savings contract. 26 Sealed proposals must be opened by the public university's 27 board of trustees or a designee of that board at a public 28 opening at which the contents of the proposals must be 29 announced. Each person or entity submitting a sealed 30 proposal must receive at least 10 days notice of the time and 31 place of the opening. The public university shall select the 32 qualified provider that best meets the needs of the district. SB529 Enrolled -5- LRB9002425THcw 1 The public university shall provide public notice of the 2 meeting at which it proposes to award a guaranteed energy 3 savings contract and of the names of the parties to the 4 proposed contract and the purpose of the contract. The 5 public notice shall be made at least 10 days prior to the 6 meeting. After evaluating the proposals under Section 10, a 7 public university may enter into a guaranteed energy savings 8 contract with a qualified provider if it finds that the 9 amount it would spend on the energy conservation measures 10 recommended in the proposal would not exceed the amount to be 11 saved in either energy or operational costs, or both, within 12 a 10 year period from the date of installation, if the 13 recommendations in the proposal are followed. 14 Section 20. Guarantee. The guaranteed energy savings 15 contract shall include a written guarantee of the qualified 16 provider that either the energy or operational cost savings, 17 or both, will meet or exceed within 10 years the costs of the 18 energy conservation measures. The qualified provider shall 19 reimburse the public university for any shortfall of 20 guaranteed energy savings projected in the contract. A 21 qualified provider shall provide a sufficient bond to the 22 public university for the installation and the faithful 23 performance of all the measures included in the contract. 24 The guaranteed energy savings contract may provide for 25 payments over a period of time, not to exceed 10 years from 26 the date of final installation of the measures. 27 Section 25. Installment payment; lease purchase. A 28 public university or 2 or more public universities in 29 combination may enter into an installment payment contract or 30 lease purchase agreement with a qualified provider for the 31 purchase and installation of energy conservation measures. 32 Each public university may issue certificates evidencing the SB529 Enrolled -6- LRB9002425THcw 1 indebtedness incurred pursuant to the contracts or 2 agreements. Any such contract or agreement shall be valid 3 whether or not an appropriation with respect thereto is first 4 included in any annual or additional or supplemental budget 5 proposal, request, or recommendation submitted by or made 6 with respect to a public university under Section 8 of the 7 Board of Higher Education Act or as otherwise provided by 8 law. Each contract or agreement entered into by a public 9 university pursuant to this Section shall be authorized by 10 resolution of the board of trustees of that university. 11 Section 30. Term; budget and appropriations. Guaranteed 12 energy savings contracts may extend beyond the fiscal year in 13 which they become effective. The public university shall 14 include in its annual budget request and the Board of Higher 15 Education shall recommend an appropriation for each 16 subsequent fiscal year that is sufficient to pay and 17 discharge any amounts payable under guaranteed energy savings 18 contracts during that fiscal year. 19 Section 35. Operational and energy cost savings. The 20 public university shall document the operational and energy 21 cost savings specified in the guaranteed energy savings 22 contract and designate and reserve that amount for an annual 23 payment of the contract. If the annual energy savings are 24 less than projected under the guaranteed energy savings 25 contract the qualified provider shall pay the difference as 26 provided in Section 20. 27 Sec. 40. Available funds. A public university may use 28 funds designated for operating or capital expenditures for 29 any guaranteed energy savings contract, including purchases 30 using installment payment contracts or lease purchase 31 agreements. A public university that enters into such a SB529 Enrolled -7- LRB9002425THcw 1 contract or agreement may covenant in such contract or 2 agreement that payments made thereunder shall be payable from 3 the first funds legally available in each fiscal year. 4 Section 45. Funding. No grants or other funds or amounts 5 appropriated to a public university for any purpose shall be 6 reduced as a result of energy savings realized from a 7 guaranteed energy savings contract or a lease purchase 8 agreement for the purchase and installation of energy 9 conservation measures. 10 Section 70. The Public Community College Act is amended 11 by changing Section 2-16.02 as follows: 12 (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02) 13 Sec. 2-16.02. Any community college district that 14 maintains a community college recognized by the State Board 15 shall receive, when eligible, grants enumerated in this 16 Section. Funded semester credit hours or other measures as 17 specified by the State Board shall be used to distribute 18 grants to community colleges.
Except for equalization grants,19 retirees health insurance grants, grants to districts20 established pursuant to Section 6-6.1, and grants for special21 initiatives, all grants specified in this Section shall be22 based on funded semester credit hours.Funded semester 23 credit hours shall be defined, for purposes of this Section, 24 as the greater of (1) the number of semester credit hours, or 25 equivalent, in all funded instructional categories of 26 students who have been certified as being in attendance at 27 midterm during the respective terms of the base fiscal year 28 or (2) the average of semester credit hours, or equivalent, 29 in all funded instructional categories of students who have 30 been certified as being in attendance at midterm during the 31 respective terms of the base fiscal year and the 2 prior SB529 Enrolled -8- LRB9002425THcw 1 fiscal years. For purposes of this Section, "base fiscal 2 year" means the fiscal year 2 years prior to the fiscal year 3 for which the grants are appropriated. Such students shall 4 have been residents of Illinois and shall have been enrolled 5 in courses that are part of instructional program categories 6 approved by the State Board and that are applicable toward an 7 associate degree or certificate. Courses are not eligible 8 for reimbursement where the district receives federal or 9 State financing or both, except financing through the State 10 Board, for 50% or more of the program costs with the 11 exception of courses offered by contract with the Department 12 of Corrections in correctional institutions. After13 distributing a grant of up to one-tenth of 1% of the total14 available credit hour grant funding to each district with15 less than 75,000 funded semester credit hours exclusive of16 Department of Corrections credit hours, the remainingCredit 17 hour grants shall be paid based on rates per funded semester 18 credit hour or equivalent calculated by the State Board for 19 funded instructional categories using cost of instruction, 20 enrollment, inflation, and other relevant factors. Small 21 district grants, in an amount to be determined by the State 22 Board, shall be made to each district with less than 75,000 23 funded semester credit hours, exclusive of Department of 24 Corrections credit hours. 25 Grants forEqualization grants shall be distributed to26 each district that falls below a statewide threshold27 calculated by the State Board by determining a local revenue 28 factor for each district by: (A) adding (1) each district's 29 theCorporate Personal Property Replacement Fund allocations 30 from the base fiscal year or the average of the base fiscal 31 year and prior year, whichever is less, divided by the 32 applicable statewide average tax rate to (2) the district's 33 most recently audited year's equalized assessed valuation or 34 the average of the most recently audited year and prior year, SB529 Enrolled -9- LRB9002425THcw 1 whichever is less, (B) then dividing by the district's number2 ofaudited full-time equivalent resident students for the 3 base fiscal year or the average for the base fiscal year and 4 the 2 prior fiscal years, whichever is greater, and (C) then 5 multiplying by the applicable statewide average tax rate. 6 The State Board shall calculate a statewide weighted average 7 threshold by applying usethe same methodology to the totals 8 of all districts' Corporate Personal Property Tax Replacement 9 Fund allocations, equalized assessed valuations, and audited 10 full-time equivalent district resident students and 11 multiplying by the applicable statewide average tax rate 12 calculate a local revenue factor for each district. The 13 difference between the statewide weighted average threshold 14 and the local revenue factor, multiplied by the number of 15 full-time equivalent resident students, shall determine the 16 amount of equalization funding that each district is eligible 17 to receive. A percentage factor, as determined by the State 18 Board, may be applied to the statewide threshold as a method 19 for allocating equalization funding. A minimum equalization 20 grant of an amount per district as determined by the State 21 Board shall be established for any community college district 22 which qualifies for an equalization grant based upon the 23 preceding criteria, but becomes ineligible for equalization 24 funding, or would have received a grant of less than the 25 minimum equalization grant, due to threshold prorations 26 applied to reduce equalization funding. As of July 1, 1997, 27 community college districts must maintain a minimum required 28 in-district tuition rate per semester credit hour as 29 determined by the State Board. For each fiscal year between 30 July 1, 1997 and June 30, 2001, districts not meeting the 31 minimum required rate will be subject to a percent reduction 32 of equalization funding as determined by the State Board. As 33 of July 1, 2001, districts must meet the required minimum 34 in-district tuition rate to qualify for equalization funding. SB529 Enrolled -10- LRB9002425THcw 1 A special populations grant of a base amount as 2 determined by the State Board $20,000 per community college3 shall be distributed to each community college district. , and4 Any remaining appropriated funds for special populations 5 purposes shall be distributed based on factors as determined 6 by the State Board programs with the exception of moneys7 appropriated as grants for unique special populations8 initiatives created by the State Board shall be distributed9 proportionately to each community college district on the10 basis of each district's share of the State total funded11 semester credit hours, or equivalent, in12 remedial/developmental and adult basic education/adult13 secondary education courses. Each community college 14 district's expenditures of funds from those grants shall be 15 limited to courses and services related to programs for 16 educationally disadvantaged and minority students as 17 specified by the State Board. 18 A workforce preparation grant of a base grant amount as 19 determined by the State Board $35,000shall be distributed to 20 each community college district. , andAny remaining 21 appropriated funds for workforce preparation programs with22 the exception of monies appropriated as grants for special23 workforce preparation initiatives created by the State Board24 shall be distributed based on factors as determined by the 25 State Board proportionately to each community college26 district on the basis of each district's share of the State27 total funded semester credit hours, or equivalent, in28 business occupational, technical occupational, and health29 occupational courses. Each community college district's 30 expenditures of funds from those grants shall be limited to 31 workforce preparation activities and services as specified by 32 the State Board. 33 An advanced technology equipment grant shall be 34 distributed proportionately to each community college SB529 Enrolled -11- LRB9002425THcw 1 district based on each district's share of the State total 2 funded semester credit hours, or equivalent, in business 3 occupational, technical occupational, and health occupational 4 courses or other measures as determined by the State Board. 5 Each community college district's expenditures of funds from 6 those grants shall be limited to procurement of equipment for 7 curricula impacted by technological advances as specified by 8 the State Board. 9 A retirees health insurance grant shall be distributed 10 proportionately to each community college district or entity 11 created pursuant to Section 3-55 based on each district's12 share ofthe total number of community college retirees in 13 the State on July 1 of the fiscal year prior to the fiscal 14 year for which the grants are appropriated, as determined by 15 the State Board. Each community college district's16 Expenditures of funds from those grants shall be limited to 17 payment of costs associated with the provision ofretirees' 18 health insurance. 19 A deferred maintenance grant shall be distributed to each 20 community college district based upon criteria as determined 21 by the State Board. Each community college district's 22 expenditures of funds from those grants shall be limited to 23 deferred maintenance activities specified by the State Board. 24 A grant shall be provided to the Illinois Occupational 25 Information Coordinating Committee for the purpose of 26 providing the State Board with labor market information by 27 updating the Occupational Information System and HORIZONS 28 Career Information System and by providing labor market 29 information and technical assistance, that grant to be 30 provided in its entirety during the first quarter of the 31 fiscal year. 32 A grant shall be provided to Community College District33 #540, that district having been formed under the provisions34 of Section 6-6.1, for the purpose of providing funds for theSB529 Enrolled -12- LRB9002425THcw 1 district to meet operating expenses. The State Board shall2 certify, prepare, and submit to the State Comptroller during3 August of the fiscal year a voucher setting forth a one-time4 payment of any Education Assistance Fund appropriation, and5 during November, February, and May of the fiscal year a6 voucher setting forth equal payments of General Revenue Fund7 appropriations. The Comptroller shall cause a warrant to be8 drawn for the amount due, payable to Community College9 District #540, within 15 days following the receipt of each10 such voucher.11 The State Board shall distribute such other special12 grants as may be authorized or appropriated by the General 13 Assembly. 14 Each community college district entitled to State grants 15 under this Section must submit a report of its enrollment to 16 the State Board not later than 30 days following the end of 17 each semester, quarter, or term in a format prescribed by the 18 State Board. These semester credit hours, or equivalent, 19 shall be certified by each district on forms provided by the 20 State Board. Each district's certified semester credit 21 hours, or equivalent, are subject to audit pursuant to 22 Section 3-22.1. 23 The State Board shall certify, prepare, and submit to the 24 State Comptroller during August, November, February, and May 25 of each fiscal year vouchers setting forth an amount equal to 26 25% of the districts' totalgrants approved by the State 27 Board for credit hour grants, small district grants, special 28 populations grants, workforce preparation grants, 29 equalization grants, advanced technology equipment grants, 30 deferred maintenance grants, and retirees health insurance 31 grants. The State Board shall prepare and submit to the State 32 Comptroller vouchers for special initiatives grant payments 33 as set forth in the contracts executed pursuant to 34 appropriations received for special initiatives. The SB529 Enrolled -13- LRB9002425THcw 1 Comptroller shall cause his warrants to be drawn for the 2 respective amounts due, payable to each community college 3 district, within 15 days following the receipt of such 4 vouchers. If the amount appropriated for grants is different 5 from the amount provided for such grants under this Act, the 6 grants shall be proportionately reduced or increased 7 accordingly. 8 For the purposes of this Section, "resident student" 9 means a student in a community college district who maintains 10 residency in that district or meets other residency 11 definitions established by the State Board, and who was 12 enrolled either in one of the approved instructional program 13 categories in that district, or in another community college 14 district to which the resident's district is paying tuition 15 under Section 6-2 or with which the resident's district has 16 entered into a cooperative agreement in lieu of such tuition. 17 For the purposes of this Section, a "full-time 18 equivalent" student is equal to 30 semester credit hours. 19 The Illinois Community College Board Contracts and Grants 20 Fund is hereby created in the State Treasury. Items of 21 income to this fund shall include any grants, awards, 22 endowments, or like proceeds, and where appropriate, other 23 funds made available through contracts with governmental, 24 public, and private agencies or persons. The General 25 Assembly shall from time to time make appropriations payable 26 from such fund for the support, improvement, and expenses of 27 the State Board and Illinois community college districts. 28 (Source: P.A. 88-103; 88-553; 89-141, eff. 7-14-95; 89-281, 29 eff. 8-10-95; 89-473, eff. 6-18-96; 89-626, eff. 8-9-96.) 30 Section 75. The Higher Education Student Assistance Act 31 is amended by adding Section 38 as follows: 32 (110 ILCS 947/38 new) SB529 Enrolled -14- LRB9002425THcw 1 Sec. 38. Monetary award program accountability. The 2 Illinois Student Assistance Commission is directed to assess 3 the educational persistence of monetary award program 4 recipients. An assessment under this Section shall include 5 an analysis of such factors as undergraduate educational 6 goals, chosen field of study, retention rates, and expected 7 time to complete a degree. The assessment also shall include 8 an analysis of the academic success of monetary award program 9 recipients through a review of measures that are typically 10 associated with academic success, such as grade point 11 average, satisfactory academic progress, and credit hours 12 earned. Each analysis should take into consideration student 13 class level, dependency types, and the type of higher 14 education institution at which each monetary award program 15 recipient is enrolled. The Commission shall report its 16 findings to the General Assembly and the Board of Higher 17 Education by February 1, 1999 and at least every 2 years 18 thereafter. 19 Section 99. Effective date. This Act takes effect July 20 1, 1997.
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