Illinois General Assembly - Full Text of HB3149
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Full Text of HB3149  102nd General Assembly


Rep. Joyce Mason

Filed: 3/19/2021





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2    AMENDMENT NO. ______. Amend House Bill 3149 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing
5Sections 3-14.20, 19b-1.1, 19b-1.2, 19b-1.4, 19b-2, 19b-3,
619b-4, 19b-5, 19b-7, and 19b-8 and by adding Sections 19b-1.5,
719b-2.1, and 19b-90 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
14school rooms and buildings submitted to the regional
15superintendent of schools him by school boards, and to approve
16all those which comply substantially with the building code



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1authorized in Section 2-3.12.
2    If a municipality or, in the case of an unincorporated
3area, a county or, if applicable, a fire protection district
4wishes to be notified of plans and specifications received by
5a regional office of education for any future construction or
6alteration of a public school facility located within that
7entity's jurisdiction, then the entity must register this wish
8with the regional superintendent of schools. Within 10 days
9after the regional superintendent of schools receives the
10plans and specifications from a school board and prior to the
11bidding process, he or she shall notify, in writing, the
12registered municipality and, if applicable, the registered
13fire protection district where the school that is being
14constructed or altered lies that plans and specifications have
15been received. In the case of an unincorporated area, the
16registered county shall be notified. If the municipality, fire
17protection district, or county requests a review of the plans
18and specifications, then the school board shall submit a copy
19of the plans and specifications. The municipality and, if
20applicable, the fire protection district or the county may
21comment in writing on the plans and specifications based on
22the building code authorized in Section 2-3.12, referencing
23the specific code where a discrepancy has been identified, and
24respond back to the regional superintendent of schools within
2515 days after a copy of the plans and specifications have been
26received or, if needed for plan review, such additional time



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1as agreed to by the regional superintendent of schools. This
2review must be at no cost to the school district.
3    If such plans and specifications are not approved or
4denied approval by the regional superintendent of schools
5within 3 months after the date on which they are submitted to
6him or her, the school board may submit such plans and
7specifications directly to the State Superintendent of
8Education for approval or denial.
9(Source: P.A. 94-225, eff. 7-14-05.)
10    (105 ILCS 5/19b-1.1)  (from Ch. 122, par. 19b-1.1)
11    Sec. 19b-1.1. Energy conservation measure. "Energy
12conservation measure" means any improvement, repair,
13alteration, or betterment of any building or facility owned or
14operated by a school district or area vocational center or any
15equipment, fixture, or furnishing to be added to or used in any
16such building or facility, according to plans and
17specifications designed and approved subject to the building
18code authorized in Section 2-3.12 of this Code, that is
19proposed designed to reduce energy consumption or operating
20costs, and may include, without limitation, one or more of the
22        (1) Insulation of the building structure or systems
23    within the building.
24        (2) Storm windows or doors, caulking or
25    weatherstripping, multiglazed windows or doors, heat



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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 systems.
6        (4) Heating, ventilating, or air conditioning system
7    modifications or replacements.
8        (5) Replacement or modification of lighting fixtures
9    to increase the energy efficiency of the lighting system
10    without increasing the overall illumination of a facility,
11    unless an increase in illumination is necessary to conform
12    to the applicable State or local building code for the
13    lighting system after the proposed modifications are made.
14        (6) Energy recovery systems.
15        (7) (Blank) Energy conservation measures that provide
16    long-term operating cost reductions.
17    "Energy conservation measure" does not include new
18construction or building additions beyond the square footage
19and footprint of the existing buildings or structures
20currently in existence, except areas required for the sole use
21of mechanical and electrical upgrades. "Energy conservation
22measure" does not include new or additional spaces, such as
23classrooms, gymnasiums, or administrative and common areas.
24New construction or additions shall be designed and
25constructed in accordance with the applicable energy
26conservation laws and codes and may not be included in the



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1calculations of any energy savings with respect to any
2guaranteed energy savings contract.
3(Source: P.A. 95-612, eff. 9-11-07.)
4    (105 ILCS 5/19b-1.2)  (from Ch. 122, par. 19b-1.2)
5    Sec. 19b-1.2. Guaranteed energy savings contract.
6"Guaranteed energy savings contract" means a contract for: (i)
7the implementation of an energy audit, data collection, and
8other related analyses preliminary to the undertaking of
9energy conservation measures; (ii) the evaluation and
10recommendation of energy conservation measures; (iii) the
11implementation of one or more energy conservation measures;
12and (iv) the implementation of project monitoring and data
13collection to verify post-installation energy consumption and
14energy-related operating costs. The contract shall provide
15that all payments, except obligations on termination of the
16contract before its expiration, are to be made over time and
17that the savings are guaranteed to the extent necessary to pay
18the costs of the energy conservation measures. Energy saving
19may include energy reduction and offsetting sources of
20renewable energy funds including renewable energy credits and
21carbon credits.
22(Source: P.A. 96-1197, eff. 7-22-10.)
23    (105 ILCS 5/19b-1.4)  (from Ch. 122, par. 19b-1.4)
24    Sec. 19b-1.4. Request for proposals. "Request for



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1proposals" means a competitive selection achieved by
2negotiated procurement. The request for proposals shall be
3submitted to the administrators of the Capital Development
4Board Procurement Bulletin for publication and through at
5least one public notice, at least 30 days before the request
6date in a newspaper published in the district or vocational
7center area, or if no newspaper is published in the district or
8vocational center area, in a newspaper of general circulation
9in the area of the district or vocational center, from a school
10district or area vocational center that will administer the
11program, requesting innovative solutions and proposals for
12energy conservation measures. Proposals submitted shall be
13sealed. The request for proposals shall include all of the
15        (1) The name and address of the school district or
16    area vocation center.
17        (2) The name, address, title, and phone number of a
18    contact person.
19        (3) Notice indicating that the school district or area
20    vocational center is requesting qualified providers to
21    propose energy conservation measures through a guaranteed
22    energy savings contract.
23        (4) The date, time, and place where proposals must be
24    received.
25        (5) The evaluation criteria for assessing the
26    proposals.



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1        (6) Any other stipulations and clarifications the
2    school district or area vocational center may require.
3(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
4    (105 ILCS 5/19b-1.5 new)
5    Sec. 19b-1.5. Energy operating cost. "Energy operating
6cost" means any expenditure paid by a school district or area
7vocational center to a third party for the furnishing of heat,
8cold, power, electricity, water, or light to any building or
9facility owned or operated by a school district or area
10vocational center. "Energy operating cost" shall be directly
11related to the energy consumption of a structure. "Energy
12operating cost" does not include calculations related to
13general maintenance and custodial costs, including, but not
14limited to, window cleaning, floor waxing, carpet vacuuming
15and cleaning, mowing of lawns, trash removal, playground
16maintenance, and similar indirect costs.
17    (105 ILCS 5/19b-2)  (from Ch. 122, par. 19b-2)
18    Sec. 19b-2. Evaluation of proposal; performance review.
19Before entering into a guaranteed energy savings contract
20under Section 19b-3, a school district or area vocational
21center shall submit a request for proposals. The school
22district or area vocational center shall evaluate any sealed
23proposal from a qualified provider. The evaluation shall
24analyze the estimates of all costs of installations,



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1modifications or remodeling, including, without limitation,
2costs of a pre-installation energy audit or analysis, design,
3engineering, installation, maintenance, repairs, debt service,
4conversions to a different energy or fuel source, or
5post-installation project monitoring, data collection, and
6reporting. The evaluation shall include a detailed analysis of
7whether either the energy consumed or the energy operating
8costs, or both, will be reduced and shall be submitted to the
9administrators of the Capital Development Board Procurement
10Bulletin for publication. If technical assistance is not
11available by the a licensed architect of record or registered
12professional engineer of record for on the school district or
13area vocational center staff, then the evaluation of the
14proposal shall be done by a registered professional engineer
15or architect, who is retained by the school district or area
16vocational center. A licensed architect or registered
17professional engineer evaluating a proposal or reviewing
18contract performance under this Section must not have any
19financial or contractual relationship with a qualified
20provider or other source that would constitute a conflict of
21interest. The school district or area vocational center may
22pay a reasonable fee for evaluation of the proposal or the
23review of contract performance or include the fee as part of
24the payments made under Section 19b-4.
25    Performance reviews shall be conducted at least once every
264 years at the discretion of the school district or area



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1vocational center to verify the outcomes of the guaranteed
2energy savings contract and shall include any improvement,
3repair, alteration, or betterment of any building or facility
4owned or operated by a school district or area vocational
5center or any equipment, fixture, or furnishing added to or
6used in any such building or facility. A performance review
7shall be performed during a health and life safety survey
8under Section 2-3.12 of this Code.
9(Source: P.A. 95-612, eff. 9-11-07.)
10    (105 ILCS 5/19b-2.1 new)
11    Sec. 19b-2.1. Submission of proposals. Proposals must be
12properly identified and sealed. Proposals may not be reviewed
13until after the deadline for submission has passed as set
14forth in the request for proposals. All qualified providers
15submitting proposals shall be disclosed after the deadline for
16submission but not before. Proposals shall identify the names
17of all parties to the proposed contract, including those that
18may be subcontracted during the performance of the contract.
19Proposals must meet all material requirements of the request
20for proposals, or they may be rejected as non-responsive.
21Proposals may be withdrawn prior to evaluation for any cause.
22No person or business who contracts with a local government to
23write specifications or otherwise provides specifications or
24assessments for a procurement need under this Section shall
25submit a bid or proposal or receive a contract for that



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1procurement need. The specifications or assessments may be
2provided at no cost by a vendor or may be provided by the local
3government itself. All projects procured under this Section
4shall comply with Section 2-3.12 of this Code, if applicable,
5and are subject to review by the State Board of Education.
6    (105 ILCS 5/19b-3)  (from Ch. 122, par. 19b-3)
7    Sec. 19b-3. Award of guaranteed energy savings contract.
8Sealed proposals must be opened by a member or employee of the
9school board or governing board of the area vocational center,
10whichever is applicable, at a public opening at which the
11contents of the proposals must be announced. Each person or
12entity submitting a sealed proposal must receive at least 13
13days notice of the time and place of the opening. The school
14district or area vocational center shall select the qualified
15provider that best meets the needs of the district or area
16vocational center. The school district or area vocational
17center shall provide public notice of the meeting at which it
18proposes to award a guaranteed energy savings contract of the
19names of the parties to the proposed contract and of the
20purpose of the contract. The public notice shall be made at
21least 10 days prior to the meeting. After evaluating the
22proposals under Section 19b-2, a school district or area
23vocational center may enter into a guaranteed energy savings
24contract with a qualified provider if it finds that the amount
25it would spend on the energy conservation measures recommended



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1in the proposal would not exceed the amount to be saved in
2either energy operating or operational costs, or both, within
3an 8-year a 20-year period from the date of installation, if
4the recommendations in the proposal are followed. Contracts
5let or awarded must be submitted to the administrators of the
6Capital Development Board Procurement Bulletin for
7publication. The final contract and any subsequent
8modifications and successful proposals, evaluations, and
9performance reviews shall be considered public records subject
10to inspection and copying by the public. All subsequent
11modifications that increase the guaranteed energy savings
12contract length or scope of work are subject to a new request
13for proposals pursuant to this Article.
14(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
15    (105 ILCS 5/19b-4)  (from Ch. 122, par. 19b-4)
16    Sec. 19b-4. Guarantee. The guaranteed energy savings
17contract shall include a written guarantee of the qualified
18provider that either the energy operating or operational cost
19savings, or both, will meet or exceed within 8 20 years the
20costs of the energy conservation measures. The qualified
21provider shall reimburse the school district or area
22vocational center within 90 days for any shortfall of
23guaranteed energy savings projected in the contract. A
24qualified provider shall provide a sufficient bond to the
25school district or area vocational center for the installation



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



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



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1published in the Capital Development Board Procurement
2Bulletin with the Request for Proposal.
3(Source: P.A. 96-1197, eff. 7-22-10; 97-333, eff. 8-12-11.)
4    (105 ILCS 5/19b-7)  (from Ch. 122, par. 19b-7)
5    Sec. 19b-7. Energy operating Operational and energy cost
6savings. The school district or area vocational center shall
7document the operational and energy operating cost savings
8specified in the guaranteed energy savings contract and
9designate and appropriate that amount for an annual payment of
10the contract. If the annual energy operating cost savings are
11less than projected under the guaranteed energy savings
12contract, the qualified provider shall, within 90 days, pay
13the difference as provided in Section 19b-4.
14(Source: P.A. 92-767, eff. 8-6-02.)
15    (105 ILCS 5/19b-8)  (from Ch. 122, par. 19b-8)
16    Sec. 19b-8. Available funds. A school district or area
17vocational center may use funds designated for energy
18operating cost operating or capital expenditures for any
19guaranteed energy savings contract including purchases using
20installment payment contracts or lease purchase agreements. A
21school district or area vocational center that enters into
22such a contract or agreement may covenant in such contract or
23agreement that payments made thereunder shall be payable from
24the first funds legally available in each fiscal year.



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1(Source: P.A. 92-767, eff. 8-6-02.)
2    (105 ILCS 5/19b-90 new)
3    Sec. 19b-90. New or modified contracts prohibited. No new
4guaranteed energy savings contract, contract modifications, or
5contract amendments may be entered into on or after January 1,