100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3198

 

Introduced 2/15/2018, by Sen. John G. Mulroe

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/3-14.20  from Ch. 122, par. 3-14.20
105 ILCS 5/19b-1.1  from Ch. 122, par. 19b-1.1
105 ILCS 5/19b-1.2  from Ch. 122, par. 19b-1.2
105 ILCS 5/19b-1.3  from Ch. 122, par. 19b-1.3
105 ILCS 5/19b-1.4  from Ch. 122, par. 19b-1.4
105 ILCS 5/19b-1.5 new
105 ILCS 5/19b-2  from Ch. 122, par. 19b-2
105 ILCS 5/19b-2.1 new
105 ILCS 5/19b-3  from Ch. 122, par. 19b-3
105 ILCS 5/19b-4  from Ch. 122, par. 19b-4
105 ILCS 5/19b-5  from Ch. 122, par. 19b-5
105 ILCS 5/19b-7  from Ch. 122, par. 19b-7
105 ILCS 5/19b-8  from Ch. 122, par. 19b-8

    Amends the School Code. Provides that a duty of regional superintendents is to inspect the energy conservation measures of schools under the Code. In provisions concerning school energy conservation and savings measures, provides that qualified providers need to be licensed in accordance with the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, or the Structural Engineering Practice Act of 1989. Provides for procedures for the submission of proposals. Provides for changes made under guaranteed energy savings contracts to be subject to performance reviews. Changes references from "energy or operational cost" to "energy operating cost". Makes changes to various definitions. Makes other changes.


LRB100 20054 AXK 35336 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB3198LRB100 20054 AXK 35336 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
53-14.20, 19b-1.1, 19b-1.2, 19b-1.3, 19b-1.4, 19b-2, 19b-3,
619b-4, 19b-5, 19b-7, and 19b-8 and by adding Sections 19b-1.5
7and 19b-2.1 as follows:
 
8    (105 ILCS 5/3-14.20)   (from Ch. 122, par. 3-14.20)
9    Sec. 3-14.20. Building plans and specifications. To
10inspect the building plans and specifications, including but
11not limited to plans and specifications for the heating,
12ventilating, lighting, seating, water supply, toilets, energy
13conservation measures, and safety against fire of public school
14rooms and buildings submitted to him by school boards, and to
15approve all those which comply substantially with the building
16code authorized in Section 2-3.12.
17    If a municipality or, in the case of an unincorporated
18area, a county or, if applicable, a fire protection district
19wishes to be notified of plans and specifications received by a
20regional office of education for any future construction or
21alteration of a public school facility located within that
22entity's jurisdiction, then the entity must register this wish
23with the regional superintendent of schools. Within 10 days

 

 

SB3198- 2 -LRB100 20054 AXK 35336 b

1after the regional superintendent of schools receives the plans
2and specifications from a school board and prior to the bidding
3process, he or she shall notify, in writing, the registered
4municipality and, if applicable, the registered fire
5protection district where the school that is being constructed
6or altered lies that plans and specifications have been
7received. In the case of an unincorporated area, the registered
8county shall be notified. If the municipality, fire protection
9district, or county requests a review of the plans and
10specifications, then the school board shall submit a copy of
11the plans and specifications. The municipality and, if
12applicable, the fire protection district or the county may
13comment in writing on the plans and specifications based on the
14building code authorized in Section 2-3.12, referencing the
15specific code where a discrepancy has been identified, and
16respond back to the regional superintendent of schools within
1715 days after a copy of the plans and specifications have been
18received or, if needed for plan review, such additional time as
19agreed to by the regional superintendent of schools. This
20review must be at no cost to the school district.
21    If such plans and specifications are not approved or denied
22approval by the regional superintendent of schools within 3
23months after the date on which they are submitted to him or
24her, the school board may submit such plans and specifications
25directly to the State Superintendent of Education for approval
26or denial.

 

 

SB3198- 3 -LRB100 20054 AXK 35336 b

1(Source: P.A. 94-225, eff. 7-14-05.)
 
2    (105 ILCS 5/19b-1.1)  (from Ch. 122, par. 19b-1.1)
3    Sec. 19b-1.1. Energy conservation measure. "Energy
4conservation measure" means any improvement, repair,
5alteration, or betterment of any building or facility owned or
6operated by a school district or area vocational center or any
7equipment, fixture, or furnishing to be added to or used in any
8such building or facility, according to plans and
9specifications designed and approved subject to the building
10code authorized in Section 2-3.12 of this Code, that is
11proposed designed to reduce energy consumption or operating
12costs, and may include, without limitation, one or more of the
13following:
14        (1) Insulation of the building structure or systems
15    within the building.
16        (2) Storm windows or doors, caulking or
17    weatherstripping, multiglazed windows or doors, heat
18    absorbing or heat reflective glazed and coated window or
19    door systems, additional glazing, reductions in glass
20    area, or other window and door system modifications that
21    reduce energy consumption.
22        (3) Automated or computerized energy control systems.
23        (4) Heating, ventilating, or air conditioning system
24    modifications or replacements.
25        (5) Replacement or modification of lighting fixtures

 

 

SB3198- 4 -LRB100 20054 AXK 35336 b

1    to increase the energy efficiency of the lighting system
2    without increasing the overall illumination of a facility,
3    unless an increase in illumination is necessary to conform
4    to the applicable State or local building code for the
5    lighting system after the proposed modifications are made.
6        (6) Energy recovery systems.
7        (7) (Blank) Energy conservation measures that provide
8    long-term operating cost reductions.
9    "Energy conservation measure" does not include new
10construction or building additions beyond the square footage
11and footprint of the existing buildings or structures currently
12in existence, except as required for mechanical and electrical
13upgrades. "Energy conservation measure" does not include new or
14additional classrooms, gymnasiums, or administrative and
15common areas. New construction or additions shall be designed
16and constructed in accordance with the applicable energy
17conservation laws and codes and may not be included in the
18calculations of any energy savings with respect to any
19guaranteed energy savings contract.
20(Source: P.A. 95-612, eff. 9-11-07.)
 
21    (105 ILCS 5/19b-1.2)  (from Ch. 122, par. 19b-1.2)
22    Sec. 19b-1.2. Guaranteed energy savings contract.
23"Guaranteed energy savings contract" means a contract for: (i)
24the implementation of an energy audit, data collection, and
25other related analyses preliminary to the undertaking of energy

 

 

SB3198- 5 -LRB100 20054 AXK 35336 b

1conservation measures; (ii) the evaluation and recommendation
2of energy conservation measures; (iii) the implementation of
3one or more energy conservation measures; and (iv) the
4implementation of project monitoring and data collection to
5verify post-installation energy consumption and energy-related
6operating costs. The contract shall provide that all payments,
7except obligations on termination of the contract before its
8expiration, are to be made over time and that the savings are
9guaranteed to the extent necessary to pay the costs of the
10energy conservation measures. Energy saving may include energy
11reduction and offsetting sources of renewable energy funds
12including renewable energy credits and carbon credits.
13(Source: P.A. 96-1197, eff. 7-22-10.)
 
14    (105 ILCS 5/19b-1.3)  (from Ch. 122, par. 19b-1.3)
15    Sec. 19b-1.3. Qualified provider. "Qualified provider"
16means a person or business whose employees are experienced and
17trained in the design, implementation, or installation of
18energy conservation measures. The minimum training required
19for any person or employee under this Section shall be the
20satisfactory completion of at least 40 hours of course
21instruction dealing with energy conservation measures, and the
22person or business may not engage in the practice of
23architecture, engineering, or structural engineering unless
24the person is licensed or the business is registered in
25accordance with the Illinois Architecture Practice Act of 1989,

 

 

SB3198- 6 -LRB100 20054 AXK 35336 b

1the Professional Engineering Practice Act of 1989, or the
2Structural Engineering Practice Act of 1989 and the rules
3adopted pursuant to those Acts. A person or business may not
4engage in the practice of plumbing unless the person is
5licensed in accordance with the Illinois Plumbing License Law.
6A qualified provider to whom the contract is awarded shall give
7a sufficient bond to the school district or area vocational
8center for its faithful performance.
9(Source: P.A. 92-767, eff. 8-6-02.)
 
10    (105 ILCS 5/19b-1.4)  (from Ch. 122, par. 19b-1.4)
11    Sec. 19b-1.4. Request for proposals. "Request for
12proposals" means a competitive selection achieved by
13negotiated procurement. The request for proposals shall be
14submitted to the administrators of the Capital Development
15Board Procurement Bulletin for publication and through at least
16one public notice, at least 30 days before the request date in
17a newspaper published in the district or vocational center
18area, or if no newspaper is published in the district or
19vocational center area, in a newspaper of general circulation
20in the area of the district or vocational center, from a school
21district or area vocational center that will administer the
22program, requesting innovative solutions and proposals for
23energy conservation measures. Proposals submitted shall be
24sealed. The request for proposals shall include all of the
25following:

 

 

SB3198- 7 -LRB100 20054 AXK 35336 b

1        (1) The name and address of the school district or area
2    vocation center.
3        (2) The name, address, title, and phone number of a
4    contact person.
5        (3) Notice indicating that the school district or area
6    vocational center is requesting qualified providers to
7    propose energy conservation measures through a guaranteed
8    energy savings contract.
9        (4) The date, time, and place where proposals must be
10    received.
11        (5) The evaluation criteria for assessing the
12    proposals.
13        (6) Any other stipulations and clarifications the
14    school district or area vocational center may require.
15(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
 
16    (105 ILCS 5/19b-1.5 new)
17    Sec. 19b-1.5. Energy operating cost. "Energy operating
18cost" means any expenditure paid by a school district or area
19vocational center for the furnishing of heat, cold, power,
20electricity, water, or light to any building or facility owned
21or operated by a school district or area vocational center.
22"Energy operating cost" shall be directly related to the energy
23consumption of a structure and the mechanical and electrical
24systems of energy conservation measures, including maintenance
25and other services to those systems during the expected life of

 

 

SB3198- 8 -LRB100 20054 AXK 35336 b

1the contract. "Energy operating cost" does not include
2calculations related to general maintenance and custodial
3costs, including, but not limited to, window cleaning, carpet
4vacuuming and cleaning, mowing of lawns, trash removal,
5playground maintenance, and similar indirect costs.
 
6    (105 ILCS 5/19b-2)  (from Ch. 122, par. 19b-2)
7    Sec. 19b-2. Evaluation of proposal; performance review.
8Before entering into a guaranteed energy savings contract under
9Section 19b-3, a school district or area vocational center
10shall submit a request for proposals. The school district or
11area vocational center shall evaluate any sealed proposal from
12a qualified provider. The evaluation shall analyze the
13estimates of all costs of installations, modifications or
14remodeling, including, without limitation, costs of a
15pre-installation energy audit or analysis, design,
16engineering, installation, maintenance, repairs, debt service,
17conversions to a different energy or fuel source, or
18post-installation project monitoring, data collection, and
19reporting. The evaluation shall include a detailed analysis of
20whether either the energy consumed or the energy operating
21costs, or both, will be reduced. If technical assistance is not
22available by a licensed architect or registered professional
23engineer on the school district or area vocational center
24staff, then the evaluation of the proposal shall be done by a
25registered professional engineer or architect, who is retained

 

 

SB3198- 9 -LRB100 20054 AXK 35336 b

1by the school district or area vocational center. A licensed
2architect or registered professional engineer evaluating a
3proposal or reviewing contract performance under this Section
4must not have any financial or contractual relationship with a
5qualified provider or other source that would constitute a
6conflict of interest. The school district or area vocational
7center may pay a reasonable fee for evaluation of the proposal
8or the review of contract performance or include the fee as
9part of the payments made under Section 19b-4.
10    Performance reviews shall be conducted at the discretion of
11the school district or area vocational center to verify the
12outcomes of the guaranteed energy savings contract and shall
13include any improvement, repair, alteration, or betterment of
14any building or facility owned or operated by a school district
15or area vocational center or any equipment, fixture, or
16furnishing added to or used in any such building or facility. A
17performance review may be performed during a health and safety
18survey under Section 2-3.12 of this Code.
19(Source: P.A. 95-612, eff. 9-11-07.)
 
20    (105 ILCS 5/19b-2.1 new)
21    Sec. 19b-2.1. Submission of proposals. Proposals must be
22properly identified and sealed. Proposals may not be reviewed
23until after the deadline for submission has passed as set forth
24in the request for proposals. All qualified providers
25submitting proposals shall be disclosed after the deadline for

 

 

SB3198- 10 -LRB100 20054 AXK 35336 b

1submission but not before. Proposals shall identify the names
2of all parties to the proposed contract, including those that
3may be subcontracted during the performance of the contract.
4Proposals must meet all material requirements of the request
5for proposals, or they may be rejected as non-responsive.
6Proposals may be withdrawn prior to evaluation for any cause.
7No person or business who contracts with a local government to
8write specifications or otherwise provides specifications or
9assessments for a procurement need under this Section shall
10submit a bid or proposal or receive a contract for that
11procurement need. The specifications or assessments may be
12provided at no cost by a vendor or may be provided by the local
13government itself. All projects procured under this Section
14shall comply with Section 2-3.12 of this Code, if applicable,
15and are subject to review by the State Board of Education.
 
16    (105 ILCS 5/19b-3)  (from Ch. 122, par. 19b-3)
17    Sec. 19b-3. Award of guaranteed energy savings contract.
18Sealed proposals must be opened by a member or employee of the
19school board or governing board of the area vocational center,
20whichever is applicable, at a public opening at which the
21contents of the proposals must be announced. Each person or
22entity submitting a sealed proposal must receive at least 13
23days notice of the time and place of the opening. The school
24district or area vocational center shall select the qualified
25provider that best meets the needs of the district or area

 

 

SB3198- 11 -LRB100 20054 AXK 35336 b

1vocational center. The school district or area vocational
2center shall provide public notice of the meeting at which it
3proposes to award a guaranteed energy savings contract of the
4names of the parties to the proposed contract and of the
5purpose of the contract. The public notice shall be made at
6least 10 days prior to the meeting. After evaluating the
7proposals under Section 19b-2, a school district or area
8vocational center may enter into a guaranteed energy savings
9contract with a qualified provider if it finds that the amount
10it would spend on the energy conservation measures recommended
11in the proposal would not exceed the amount to be saved in
12either energy operating or operational costs, or both, within a
1320-year period from the date of installation, if the
14recommendations in the proposal are followed. Contracts let or
15awarded must be submitted to the administrators of the Capital
16Development Board Procurement Bulletin for publication.
17(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
 
18    (105 ILCS 5/19b-4)  (from Ch. 122, par. 19b-4)
19    Sec. 19b-4. Guarantee. The guaranteed energy savings
20contract shall include a written guarantee of the qualified
21provider that either the energy operating or operational cost
22savings, or both, will meet or exceed within 20 years the costs
23of the energy conservation measures. The qualified provider
24shall reimburse the school district or area vocational center
25for any shortfall of guaranteed energy savings projected in the

 

 

SB3198- 12 -LRB100 20054 AXK 35336 b

1contract. A qualified provider shall provide a sufficient bond
2to the school district or area vocational center for the
3installation and the faithful performance of all the measures
4included in the contract. The guaranteed energy savings
5contract may provide for payments over a period of time, not to
6exceed 20 years from the date of final installation of the
7measures.
8(Source: P.A. 92-767, eff. 8-6-02.)
 
9    (105 ILCS 5/19b-5)  (from Ch. 122, par. 19b-5)
10    Sec. 19b-5. Installment payment contract; lease purchase
11agreement. A school district or school districts in combination
12or an area vocational center may enter into an installment
13payment contract or lease purchase agreement with a qualified
14provider or with a third party, as authorized by law, for the
15funding or financing of the purchase and installation of energy
16conservation measures by a qualified provider. Every school
17district or area vocational center may issue certificates
18evidencing the indebtedness incurred pursuant to the contracts
19or agreements. Any such contract or agreement shall be valid
20whether or not an appropriation with respect thereto is first
21included in any annual or supplemental budget adopted by the
22school district or area vocational center. Each contract or
23agreement entered into by a school district or area vocational
24center pursuant to this Section shall be authorized by official
25action of the school board or governing board of the area

 

 

SB3198- 13 -LRB100 20054 AXK 35336 b

1vocational center, whichever is applicable. The authority
2granted in this Section is in addition to any other authority
3granted by law.
4    If an energy audit is performed by an energy services
5contractor for a school district within the 3 years immediately
6preceding the solicitation, then the school district must
7publish as a reference document in the solicitation for energy
8conservation measures the following:
9        (1) an executive summary of the energy audit provided
10    that the school district may exclude any proprietary or
11    trademarked information or practices; or
12        (2) the energy audit provided that the school district
13    may redact any proprietary or trademarked information or
14    practices.
15A school district may not withhold the disclosure of
16information related to (i) the school district's consumption of
17energy or energy operating costs, (ii) the physical condition
18of the school district's facilities, and (iii) any limitations
19prescribed by the school district.
20    The solicitation must include a written disclosure that
21identifies any energy services contractor or qualified
22provider that participated in the preparation of the
23specifications issued by the school district. If no energy
24services contractor or qualified provider participated in the
25preparation of the specifications issued by the school
26district, then the solicitation must include a written

 

 

SB3198- 14 -LRB100 20054 AXK 35336 b

1disclosure that no energy services contractor or qualified
2provider participated in the preparation of the specifications
3for the school district. The written disclosure shall be
4published in the Capital Development Board Procurement
5Bulletin with the Request for Proposal.
6(Source: P.A. 96-1197, eff. 7-22-10; 97-333, eff. 8-12-11.)
 
7    (105 ILCS 5/19b-7)  (from Ch. 122, par. 19b-7)
8    Sec. 19b-7. Energy operating Operational and energy cost
9savings. The school district or area vocational center shall
10document the operational and energy operating cost savings
11specified in the guaranteed energy savings contract and
12designate and appropriate that amount for an annual payment of
13the contract. If the annual energy operating cost savings are
14less than projected under the guaranteed energy savings
15contract the qualified provider shall pay the difference as
16provided in Section 19b-4.
17(Source: P.A. 92-767, eff. 8-6-02.)
 
18    (105 ILCS 5/19b-8)  (from Ch. 122, par. 19b-8)
19    Sec. 19b-8. Available funds. A school district or area
20vocational center may use funds designated for energy operating
21cost operating or capital expenditures for any guaranteed
22energy savings contract including purchases using installment
23payment contracts or lease purchase agreements. A school
24district or area vocational center that enters into such a

 

 

SB3198- 15 -LRB100 20054 AXK 35336 b

1contract or agreement may covenant in such contract or
2agreement that payments made thereunder shall be payable from
3the first funds legally available in each fiscal year.
4(Source: P.A. 92-767, eff. 8-6-02.)