Full Text of HB3149 102nd General Assembly
HB3149ham001 102ND GENERAL ASSEMBLY | Rep. Joyce Mason Filed: 3/19/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3149
| 2 | | AMENDMENT NO. ______. Amend House Bill 3149 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing | 5 | | Sections 3-14.20, 19b-1.1, 19b-1.2, 19b-1.4, 19b-2, 19b-3, | 6 | | 19b-4, 19b-5, 19b-7, and 19b-8 and by adding Sections 19b-1.5, | 7 | | 19b-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 | 10 | | inspect the building
plans and specifications, including but | 11 | | not limited to plans and specifications
for the heating, | 12 | | ventilating, lighting, seating, water supply, toilets , energy | 13 | | conservation measures, and
safety against fire of public | 14 | | school rooms and buildings submitted to the regional | 15 | | superintendent of schools him by
school boards, and to approve | 16 | | all those which comply substantially with the
building code |
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| 1 | | authorized in Section 2-3.12.
| 2 | | If a municipality or,
in the
case of an unincorporated | 3 | | area, a county or, if applicable, a fire
protection district | 4 | | wishes to be notified of plans and specifications received
by | 5 | | a regional office of education for any future
construction or | 6 | | alteration of a public school facility located within that
| 7 | | entity's
jurisdiction, then the entity must register this wish | 8 | | with the regional
superintendent of schools. Within 10 days | 9 | | after the regional superintendent of
schools receives the
| 10 | | plans and specifications from a school board and prior to the | 11 | | bidding process,
he or she shall notify, in writing, the | 12 | | registered municipality and, if
applicable, the
registered | 13 | | fire protection district where the school that is being
| 14 | | constructed or altered lies that plans
and
specifications have | 15 | | been received. In the case of an unincorporated area, the
| 16 | | registered county
shall be notified. If the municipality, fire | 17 | | protection district, or county
requests a review of
the plans | 18 | | and specifications, then the school board shall submit a copy | 19 | | of the
plans and
specifications. The municipality and, if | 20 | | applicable, the fire protection
district or the county
may | 21 | | comment in writing on the plans and specifications based on | 22 | | the building
code
authorized in Section 2-3.12, referencing | 23 | | the specific code where a discrepancy
has been
identified, and | 24 | | respond back to the regional superintendent of schools within
| 25 | | 15 days
after a copy of the plans and specifications have been | 26 | | received or, if needed
for plan review, such additional time
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| 1 | | as agreed to by the regional superintendent of
schools. This | 2 | | review must be at no cost to the school district.
| 3 | | If
such plans and
specifications
are not approved or | 4 | | denied approval by the regional superintendent of schools
| 5 | | within 3 months after the date on which they are submitted to | 6 | | him or her, the
school board may submit such plans and | 7 | | specifications directly to the State
Superintendent of | 8 | | Education 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 | 12 | | conservation
measure" means any improvement, repair, | 13 | | alteration, or betterment of any
building or facility owned or | 14 | | operated by a school district or area
vocational center or any
| 15 | | equipment, fixture, or furnishing to be added to or used in any
| 16 | | such building or facility, according to plans and | 17 | | specifications designed and approved subject to the building | 18 | | code authorized in Section 2-3.12 of this Code,
that is | 19 | | proposed designed to reduce
energy consumption or operating | 20 | | costs, and may include, without limitation,
one or more of the | 21 | | following:
| 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 | 18 | | construction or building additions beyond the square footage | 19 | | and footprint of the existing buildings or structures | 20 | | currently in existence, except areas required for the sole use | 21 | | of mechanical and electrical upgrades. "Energy conservation | 22 | | measure" does not include new or additional spaces, such as | 23 | | classrooms, gymnasiums, or administrative and common areas. | 24 | | New construction or additions shall be designed and | 25 | | constructed in accordance with the applicable energy | 26 | | conservation laws and codes and may not be included in the |
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| 1 | | calculations of any energy savings with respect to any | 2 | | guaranteed 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) | 7 | | the implementation of an
energy audit, data collection, and | 8 | | other related analyses preliminary to
the undertaking of | 9 | | energy conservation measures; (ii) the evaluation and
| 10 | | recommendation of
energy conservation measures; (iii) the | 11 | | implementation of one or more
energy conservation measures; | 12 | | and (iv) the implementation of project
monitoring and data | 13 | | collection to verify post-installation energy
consumption and | 14 | | energy-related operating costs. The contract shall provide
| 15 | | that all payments, except
obligations on termination of the | 16 | | contract before its expiration, are to be
made over time and | 17 | | that the savings are guaranteed to the extent necessary
to pay | 18 | | the costs of
the energy conservation measures. Energy saving | 19 | | may include energy reduction and offsetting sources of | 20 | | renewable energy funds including renewable energy credits and | 21 | | carbon 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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| 1 | | proposals" means a
competitive selection achieved by
| 2 | | negotiated procurement. The request for proposals shall be | 3 | | submitted to the administrators of the Capital Development | 4 | | Board Procurement Bulletin for publication and
through at | 5 | | least one public notice, at least 30 days before the request
| 6 | | date in a newspaper published in the district or vocational | 7 | | center area, or
if no newspaper is
published in the district or | 8 | | vocational center area, in a newspaper of
general
circulation | 9 | | in the
area of the district or vocational center, from a school | 10 | | district or area
vocational center that will administer the
| 11 | | program, requesting innovative solutions and proposals for | 12 | | energy
conservation measures. Proposals submitted shall be | 13 | | sealed. The request
for proposals shall include all of the | 14 | | following:
| 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 | 6 | | cost" means any expenditure paid by a school district or area | 7 | | vocational center to a third party for the furnishing of heat, | 8 | | cold, power, electricity, water, or light to any building or | 9 | | facility owned or operated by a school district or area | 10 | | vocational center. "Energy operating cost" shall be directly | 11 | | related to the energy consumption of a structure. "Energy | 12 | | operating cost" does not include calculations related to | 13 | | general maintenance and custodial costs, including, but not | 14 | | limited to, window cleaning, floor waxing, carpet vacuuming | 15 | | and cleaning, mowing of lawns, trash removal, playground | 16 | | maintenance, 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 . | 19 | | Before entering into a guaranteed
energy savings contract | 20 | | under Section 19b-3, a school district or area
vocational | 21 | | center shall submit
a request for proposals. The school | 22 | | district or area vocational center
shall evaluate any sealed
| 23 | | proposal from a qualified provider. The evaluation shall | 24 | | analyze the estimates
of all costs of installations, |
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| 1 | | modifications or remodeling, including, without
limitation, | 2 | | costs of a pre-installation energy audit or analysis, design,
| 3 | | engineering, installation, maintenance, repairs, debt
service, | 4 | | conversions to a different energy or fuel source, or
| 5 | | post-installation project monitoring, data collection, and | 6 | | reporting. The
evaluation shall include a detailed analysis of | 7 | | whether either the energy
consumed or the energy operating | 8 | | costs , or both, will be reduced and shall be submitted to the | 9 | | administrators of the Capital Development Board Procurement | 10 | | Bulletin for publication . If technical
assistance is not | 11 | | available by the a licensed architect of record or registered
| 12 | | professional engineer of record for on the school district or | 13 | | area vocational center
staff , then the evaluation of
the | 14 | | proposal shall be done by a registered professional engineer | 15 | | or
architect, who is retained by the school district or area | 16 | | vocational
center. A licensed architect or registered | 17 | | professional engineer evaluating a proposal or reviewing | 18 | | contract performance under this Section must not have any | 19 | | financial or contractual relationship with a qualified | 20 | | provider or other source that would constitute a conflict of | 21 | | interest. The school district or area vocational center may
| 22 | | pay a reasonable fee for evaluation of the proposal or the | 23 | | review of contract performance or include the fee as
part of | 24 | | the payments made under Section 19b-4.
| 25 | | Performance reviews shall be conducted at least once every | 26 | | 4 years at the discretion of the school district or area |
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| 1 | | vocational center to verify the outcomes of the guaranteed | 2 | | energy savings contract and shall include any improvement, | 3 | | repair, alteration, or betterment of any building or facility | 4 | | owned or operated by a school district or area vocational | 5 | | center or any equipment, fixture, or furnishing added to or | 6 | | used in any such building or facility. A performance review | 7 | | shall be performed during a health and life safety survey | 8 | | under 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 | 12 | | properly identified and sealed. Proposals may not be reviewed | 13 | | until after the deadline for submission has passed as set | 14 | | forth in the request for proposals. All qualified providers | 15 | | submitting proposals shall be disclosed after the deadline for | 16 | | submission but not before. Proposals shall identify the names | 17 | | of all parties to the proposed contract, including those that | 18 | | may be subcontracted during the performance of the contract. | 19 | | Proposals must meet all material requirements of the request | 20 | | for proposals, or they may be rejected as non-responsive. | 21 | | Proposals may be withdrawn prior to evaluation for any cause. | 22 | | No person or business who contracts with a local government to | 23 | | write specifications or otherwise provides specifications or | 24 | | assessments for a procurement need under this Section shall | 25 | | submit a bid or proposal or receive a contract for that |
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| 1 | | procurement need. The specifications or assessments may be | 2 | | provided at no cost by a vendor or may be provided by the local | 3 | | government itself. All projects procured under this Section | 4 | | shall comply with Section 2-3.12 of this Code, if applicable, | 5 | | and 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. | 8 | | Sealed
proposals must be opened by a member or employee of the | 9 | | school board or
governing board of the area vocational center, | 10 | | whichever is applicable, at a
public opening at which the | 11 | | contents of the proposals must be announced.
Each person or | 12 | | entity submitting a sealed proposal must receive at least 13
| 13 | | days notice of the time and place of the opening. The school
| 14 | | district or area vocational center shall select the qualified | 15 | | provider that
best meets the needs of
the district or area | 16 | | vocational center. The school district or area
vocational | 17 | | center shall provide public notice of the
meeting at which it | 18 | | proposes to award a guaranteed energy savings contract
of the | 19 | | names of the parties to the proposed contract and of the | 20 | | purpose of
the contract. The public notice shall be made at | 21 | | least 10 days prior to
the meeting. After evaluating the | 22 | | proposals under Section 19b-2, a school
district or area | 23 | | vocational center may enter into a guaranteed energy
savings | 24 | | contract with a
qualified provider if it finds that the amount | 25 | | it would spend on the energy
conservation measures recommended |
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| 1 | | in the proposal would not exceed the
amount to be saved in | 2 | | either energy operating or operational costs , or both, within | 3 | | an 8-year a
20-year period from the date of installation, if | 4 | | the
recommendations in
the proposal are followed. Contracts | 5 | | let or awarded must be submitted to the administrators of the | 6 | | Capital Development Board Procurement Bulletin for | 7 | | publication. The final contract and any subsequent | 8 | | modifications and successful
proposals, evaluations, and | 9 | | performance reviews shall be
considered public records subject | 10 | | to inspection and copying by
the public. All subsequent | 11 | | modifications that increase the guaranteed energy savings | 12 | | contract length or scope of work are subject to a new request | 13 | | for 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 | 17 | | contract shall
include a written guarantee of the qualified | 18 | | provider that either the
energy operating or operational cost | 19 | | savings , or both, will meet or exceed within 8 20
years the | 20 | | costs of the energy conservation measures. The qualified | 21 | | provider
shall reimburse the school district or area | 22 | | vocational center within 90 days for any
shortfall of | 23 | | guaranteed energy
savings projected in the contract. A | 24 | | qualified provider shall provide a
sufficient bond to the | 25 | | school district or area vocational center for the
installation |
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| 1 | | and the
faithful performance of all the measures included in | 2 | | the contract. The
guaranteed energy savings contract may | 3 | | provide for payments over a period
of time, not to exceed 8 20 | 4 | | years 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 | 8 | | agreement. A school district or
school districts in | 9 | | combination or an area vocational center may enter into
an
| 10 | | installment payment contract or lease purchase agreement with | 11 | | a qualified
provider or with a third party, as authorized by | 12 | | law, for the funding or financing of the purchase and | 13 | | installation of energy conservation measures by a qualified | 14 | | provider.
Every school district or area vocational center may | 15 | | issue certificates
evidencing the indebtedness
incurred | 16 | | pursuant to the contracts or agreements. Any such contract or
| 17 | | agreement shall be valid whether or not an appropriation with | 18 | | respect
thereto is first included in any annual or | 19 | | supplemental budget adopted by
the school district or area | 20 | | vocational center. Each contract or agreement
entered
into by | 21 | | a school district or area vocational center pursuant to this
| 22 | | Section shall be authorized by
official action of the school | 23 | | board or governing board of the area vocational
center, | 24 | | whichever is applicable. The authority granted in this Section | 25 | | is in addition to any other authority granted by law. |
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| 1 | | If an energy audit is performed by an energy services | 2 | | contractor for a school district within the 3 years | 3 | | immediately preceding the solicitation, then the school | 4 | | district must publish as a reference document in the | 5 | | solicitation 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. | 12 | | A school district may not withhold the disclosure of | 13 | | information related to (i) the school district's consumption | 14 | | of energy or energy operating costs , (ii) the physical | 15 | | condition of the school district's facilities, and (iii) any | 16 | | limitations prescribed by the school district. | 17 | | The solicitation must include a written disclosure that | 18 | | identifies any energy services contractor or qualified | 19 | | provider that participated in the preparation of the | 20 | | specifications issued by the school district. If no energy | 21 | | services contractor or qualified provider participated in the | 22 | | preparation of the specifications issued by the school | 23 | | district, then the solicitation must include a written | 24 | | disclosure that no energy services contractor or qualified | 25 | | provider participated in the preparation of the specifications | 26 | | for the school district. The written disclosure shall be |
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| 1 | | published in the Capital Development Board Procurement | 2 | | Bulletin 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 | 6 | | savings. The school district or
area vocational center
shall | 7 | | document the operational and energy operating cost savings | 8 | | specified in the
guaranteed energy savings contract and | 9 | | designate and appropriate that
amount for an annual payment of | 10 | | the contract. If the annual energy operating cost savings
are | 11 | | less than projected under the guaranteed energy savings | 12 | | contract , the
qualified
provider shall , within 90 days, pay | 13 | | the 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 | 17 | | vocational
center may use funds
designated for energy | 18 | | operating cost operating or capital expenditures for any | 19 | | guaranteed energy
savings contract including purchases using | 20 | | installment payment contracts or
lease purchase agreements. A | 21 | | school district or area vocational center
that enters into | 22 | | such a
contract or agreement may covenant in such contract or | 23 | | agreement that
payments made thereunder shall be payable from | 24 | | the 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 | 4 | | guaranteed energy savings contract, contract modifications, or | 5 | | contract amendments may be entered into on or after January 1, | 6 | | 2026. ".
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