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|[ House Amendment 002 ]|
90_SB0529ham001 LRB9002425THpkam01 1 AMENDMENT TO SENATE BILL 529 2 AMENDMENT NO. . Amend Senate Bill 529 by replacing 3 the title with the following: 4 "AN ACT relating to higher education. "; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 1. Short title. This Act may be cited as the 8 Public University Energy Conservation Act. 9 Section 5. Definitions. In this Act words and phrases 10 have the meanings set forth in the following Sections 11 preceding Section 10. 12 Section 5.5. Public university. "Public university" 13 means any of the the following institutions of higher 14 learning: the University of Illinois, Southern Illinois 15 University, Northern Illinois University, Eastern Illinois 16 University, Western Illinois University, Northeastern 17 Illinois University, Chicago State University, Governors 18 State University, or Illinois State University, acting in 19 each case through its board of trustees or through a designee 20 of that board. -2- LRB9002425THpkam01 1 Section 5-10. Energy conservation measure. "Energy 2 conservation measure" means any improvement, repair, 3 alteration, or betterment of any building or facility owned 4 or operated by a public university or any equipment, fixture, 5 or furnishing to be added to or used in any such building or 6 facility that is designed to reduce energy consumption or 7 operating costs, and may include, without limitation, one or 8 more of the following: 9 (1) Insulation of the building structure or systems 10 within the building. 11 (2) Storm windows or doors, caulking or 12 weatherstripping, multiglazed windows or doors, heat 13 absorbing or heat reflective glazed and coated window or 14 door systems, additional glazing, reductions in glass 15 area, or other window and door system modifications that 16 reduce energy consumption. 17 (3) Automated or computerized energy control 18 systems. 19 (4) Heating, ventilating, or air conditioning 20 system modifications or replacements. 21 (5) Replacement or modification of lighting 22 fixtures to increase the energy efficiency of the 23 lighting system without increasing the overall 24 illumination of a facility, unless an increase in 25 illumination is necessary to conform to the applicable 26 State or local building code for the lighting system 27 after the proposed modifications are made. 28 (6) Energy recovery systems. 29 (7) Energy conservation measures that provide 30 long-term operating cost reductions. 31 Section 5-15. Guaranteed energy savings contract. 32 "Guaranteed energy savings contract" means a contract for: 33 (i) the implementation of an energy audit, data collection, -3- LRB9002425THpkam01 1 and other related analyses preliminary to the undertaking of 2 energy conservation measures; (ii) the evaluation and 3 recommendation of energy conservation measures; (iii) the 4 implementation of one or more energy conservation measures; 5 and (iv) the implementation of project monitoring and data 6 collection to verify post-installation energy consumption and 7 energy-related operating costs. The contract shall provide 8 that all payments, except obligations on termination of the 9 contract before its expiration, are to be made over time and 10 that the savings are guaranteed to the extent necessary to 11 pay the costs of the energy conservation measures. 12 Section 5-20. Qualified provider. "Qualified provider" 13 means a person or business whose employees are experienced 14 and trained in the design, implementation, or installation of 15 energy conservation measures. The minimum training required 16 for any person or employee under this Section shall be the 17 satisfactory completion of at least 40 hours of course 18 instruction dealing with energy conservation measures. A 19 qualified provider to whom the contract is awarded shall give 20 a sufficient bond to the public university for its faithful 21 performance. 22 Section 5-25. Request for proposals. "Request for 23 proposals" means a negotiated procurement. The request for 24 proposals shall be announced by the public university that 25 will administer the program through at least one public 26 notice, at least 10 days before the request date, in a 27 newspaper published in the county in which that public 28 university is located, or if no newspaper is published in 29 that county, in a newspaper of general circulation in the 30 area of that county, requesting innovative solutions and 31 proposals for energy conservation measures. Proposals 32 submitted shall be sealed. The request for proposals shall -4- LRB9002425THpkam01 1 include all of the following: 2 (1) The name and address of the public university 3 that will administer the program. 4 (2) The name, address, title, and phone number of a 5 contact person. 6 (3) Notice indicating that the public university is 7 requesting qualified providers to propose energy 8 conservation measures through a guaranteed energy savings 9 contract. 10 (4) The date, time, and place where proposals must 11 be received. 12 (5) The evaluation criteria for assessing the 13 proposals. 14 (6) Any other stipulations and clarifications the 15 public university may require. 16 Section 10. Evaluation of proposal. Before entering 17 into a guaranteed energy savings contract under Section 15, a 18 public university shall submit a request for proposals. The 19 public university shall evaluate any sealed proposal from a 20 qualified provider. The evaluation shall analyze the 21 estimates of all costs of installations, modifications or 22 remodeling, including, without limitation, costs of a 23 pre-installation energy audit or analysis, design, 24 engineering, installation, maintenance, repairs, debt 25 service, conversions to a different energy or fuel source, or 26 post-installation project monitoring, data collection, and 27 reporting. The evaluation shall include a detailed analysis 28 of whether either the energy consumed or the operating costs, 29 or both, will be reduced. If technical assistance is not 30 available by a licensed architect or registered professional 31 engineer on the staff of the public university, then the 32 evaluation of the proposal shall be done by a registered 33 professional engineer or architect, who is retained by the -5- LRB9002425THpkam01 1 public university. The public university may pay a 2 reasonable fee for evaluation of the proposal or include the 3 fee as part of the payments made under Section 20. 4 Section 15. Award of guaranteed energy savings contract. 5 Sealed proposals must be opened by the public university's 6 board of trustees or a designee of that board at a public 7 opening at which the contents of the proposals must be 8 announced. Each person or entity submitting a sealed 9 proposal must receive at least 10 days notice of the time and 10 place of the opening. The public university shall select the 11 qualified provider that best meets the needs of the district. 12 The public university shall provide public notice of the 13 meeting at which it proposes to award a guaranteed energy 14 savings contract and of the names of the parties to the 15 proposed contract and the purpose of the contract. The 16 public notice shall be made at least 10 days prior to the 17 meeting. After evaluating the proposals under Section 10, a 18 public university may enter into a guaranteed energy savings 19 contract with a qualified provider if it finds that the 20 amount it would spend on the energy conservation measures 21 recommended in the proposal would not exceed the amount to be 22 saved in either energy or operational costs, or both, within 23 a 10 year period from the date of installation, if the 24 recommendations in the proposal are followed. 25 Section 20. Guarantee. The guaranteed energy savings 26 contract shall include a written guarantee of the qualified 27 provider that either the energy or operational cost savings, 28 or both, will meet or exceed within 10 years the costs of the 29 energy conservation measures. The qualified provider shall 30 reimburse the public university for any shortfall of 31 guaranteed energy savings projected in the contract. A 32 qualified provider shall provide a sufficient bond to the -6- LRB9002425THpkam01 1 public university for the installation and the faithful 2 performance of all the measures included in the contract. 3 The guaranteed energy savings contract may provide for 4 payments over a period of time, not to exceed 10 years from 5 the date of final installation of the measures. 6 Section 25. Installment payment; lease purchase. A 7 public university or 2 or more public universities in 8 combination may enter into an installment payment contract or 9 lease purchase agreement with a qualified provider for the 10 purchase and installation of energy conservation measures. 11 Each public university may issue certificates evidencing the 12 indebtedness incurred pursuant to the contracts or 13 agreements. Any such contract or agreement shall be valid 14 whether or not an appropriation with respect thereto is first 15 included in any annual or additional or supplemental budget 16 proposal, request, or recommendation submitted by or made 17 with respect to a public university under Section 8 of the 18 Board of Higher Education Act or as otherwise provided by 19 law. Each contract or agreement entered into by a public 20 university pursuant to this Section shall be authorized by 21 resolution of the board of trustees of that university. 22 Section 30. Term; budget and appropriations. Guaranteed 23 energy savings contracts may extend beyond the fiscal year in 24 which they become effective. The public university shall 25 include in its annual budget request and the Board of Higher 26 Education shall recommend an appropriation for each 27 subsequent fiscal year that is sufficient to pay and 28 discharge any amounts payable under guaranteed energy savings 29 contracts during that fiscal year. 30 Section 35. Operational and energy cost savings. The 31 public university shall document the operational and energy -7- LRB9002425THpkam01 1 cost savings specified in the guaranteed energy savings 2 contract and designate and reserve that amount for an annual 3 payment of the contract. If the annual energy savings are 4 less than projected under the guaranteed energy savings 5 contract the qualified provider shall pay the difference as 6 provided in Section 20. 7 Sec. 40. Available funds. A public university may use 8 funds designated for operating or capital expenditures for 9 any guaranteed energy savings contract, including purchases 10 using installment payment contracts or lease purchase 11 agreements. A public university that enters into such a 12 contract or agreement may covenant in such contract or 13 agreement that payments made thereunder shall be payable from 14 the first funds legally available in each fiscal year. 15 Section 45. Funding. No grants or other funds or amounts 16 appropriated to a public university for any purpose shall be 17 reduced as a result of energy savings realized from a 18 guaranteed energy savings contract or a lease purchase 19 agreement for the purchase and installation of energy 20 conservation measures. 21 Section 75. The Higher Education Student Assistance Act 22 is amended by adding Section 38 as follows: 23 (110 ILCS 947/38 new) 24 Sec. 38. Monetary award program accountability. The 25 Illinois Student Assistance Commission is directed to assess 26 the educational persistence of monetary award program 27 recipients. An assessment under this Section shall include 28 an analysis of such factors as undergraduate educational 29 goals, chosen field of study, retention rates, and expected 30 time to complete a degree. The assessment also shall include -8- LRB9002425THpkam01 1 an analysis of the academic success of monetary award program 2 recipients through a review of measures that are typically 3 associated with academic success, such as grade point 4 average, satisfactory academic progress, and credit hours 5 earned. Each analysis should take into consideration student 6 class level, dependency types, and the type of higher 7 education institution at which each monetary award program 8 recipient is enrolled. The Commission shall report its 9 findings to the General Assembly and the Board of Higher 10 Education by February 1, 1999 and at least every 2 years 11 thereafter. 12 Section 99. Effective date. This Act takes effect July 13 1, 1997.".
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