Bill Text: IL HB3149 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Reinserts the contents of the bill with the following changes. Removes the provisions changing the definition of "qualified provider". In the provisions concerning installment payment contracts and lease purchase agreements, removes the amendatory language relating to proprietary information or practices. Prohibits guaranteed energy savings contracts from being entered into on or after January 1, 2026 (rather than on or after January 1, 2021). Removes the provisions repealing the Article.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-04-23 - Rule 19(a) / Re-referred to Rules Committee [HB3149 Detail]

Download: Illinois-2021-HB3149-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3149

Introduced , by Rep. Joyce Mason

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
105 ILCS 5/19b-90 new
105 ILCS 5/19b-95 new

Amends the School Code. Provides that a duty of the regional superintendent of schools is to inspect the energy conservation measures of schools under the Code. In the Article concerning school energy conservation and savings measures, makes changes concerning definitions, the evaluation and submission of guaranteed energy savings contract proposals, performance reviews, the award of a contract, the written guarantee, installment payment contracts and lease purchase agreements, cost savings, and available funds. Prohibits guaranteed energy savings contracts from being entered into on or after January 1, 2022. Repeals the Article 20 years after the effective date of the amendatory Act.
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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

HB3149LRB102 04098 CMG 14114 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,
719b-2.1, 19b-90, and 19b-95 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
17authorized in Section 2-3.12.
18 If a municipality or, in the case of an unincorporated
19area, a county or, if applicable, a fire protection district
20wishes to be notified of plans and specifications received by
21a regional office of education for any future construction or
22alteration of a public school facility located within that
23entity's jurisdiction, then the entity must register this wish

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1with the regional superintendent of schools. Within 10 days
2after the regional superintendent of schools receives the
3plans and specifications from a school board and prior to the
4bidding process, he or she shall notify, in writing, the
5registered municipality and, if applicable, the registered
6fire protection district where the school that is being
7constructed or altered lies that plans and specifications have
8been received. In the case of an unincorporated area, the
9registered county shall be notified. If the municipality, fire
10protection district, or county requests a review of the plans
11and specifications, then the school board shall submit a copy
12of the plans and specifications. The municipality and, if
13applicable, the fire protection district or the county may
14comment in writing on the plans and specifications based on
15the building code authorized in Section 2-3.12, referencing
16the specific code where a discrepancy has been identified, and
17respond back to the regional superintendent of schools within
1815 days after a copy of the plans and specifications have been
19received or, if needed for plan review, such additional time
20as agreed to by the regional superintendent of schools. This
21review must be at no cost to the school district.
22 If such plans and specifications are not approved or
23denied approval by the regional superintendent of schools
24within 3 months after the date on which they are submitted to
25him or her, the school board may submit such plans and
26specifications directly to the State Superintendent of

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

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

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

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1architecture, engineering, or structural engineering unless
2the person is licensed or the business is registered in
3accordance with the Illinois Architecture Practice Act of
41989, the Professional Engineering Practice Act of 1989, or
5the Structural Engineering Practice Act of 1989 and the rules
6adopted pursuant to those Acts. A person or business may not
7engage in the practice of plumbing unless the person is
8licensed in accordance with the Illinois Plumbing License Law.
9A qualified provider to whom the contract is awarded shall
10give a sufficient bond to the school district or area
11vocational center for its faithful performance.
12(Source: P.A. 92-767, eff. 8-6-02.)
13 (105 ILCS 5/19b-1.4) (from Ch. 122, par. 19b-1.4)
14 Sec. 19b-1.4. Request for proposals. "Request for
15proposals" means a competitive selection achieved by
16negotiated procurement. The request for proposals shall be
17submitted to the administrators of the Capital Development
18Board Procurement Bulletin for publication and through at
19least one public notice, at least 30 days before the request
20date in a newspaper published in the district or vocational
21center area, or if no newspaper is published in the district or
22vocational center area, in a newspaper of general circulation
23in the area of the district or vocational center, from a school
24district or area vocational center that will administer the
25program, requesting innovative solutions and proposals for

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

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

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1professional engineer of record for on the school district or
2area vocational center staff, then the evaluation of the
3proposal shall be done by a registered professional engineer
4or architect, who is retained by the school district or area
5vocational center. A licensed architect or registered
6professional engineer evaluating a proposal or reviewing
7contract performance under this Section must not have any
8financial or contractual relationship with a qualified
9provider or other source that would constitute a conflict of
10interest. The school district or area vocational center may
11pay a reasonable fee for evaluation of the proposal or the
12review of contract performance or include the fee as part of
13the payments made under Section 19b-4.
14 Performance reviews shall be conducted at least once every
154 years at the discretion of the school district or area
16vocational center to verify the outcomes of the guaranteed
17energy savings contract and shall include any improvement,
18repair, alteration, or betterment of any building or facility
19owned or operated by a school district or area vocational
20center or any equipment, fixture, or furnishing added to or
21used in any such building or facility. A performance review
22shall be performed during a health and life safety survey
23under Section 2-3.12 of this Code.
24(Source: P.A. 95-612, eff. 9-11-07.)
25 (105 ILCS 5/19b-2.1 new)

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1 Sec. 19b-2.1. Submission of proposals. Proposals must be
2properly identified and sealed. Proposals may not be reviewed
3until after the deadline for submission has passed as set
4forth in the request for proposals. All qualified providers
5submitting proposals shall be disclosed after the deadline for
6submission but not before. Proposals shall identify the names
7of all parties to the proposed contract, including those that
8may be subcontracted during the performance of the contract.
9Proposals must meet all material requirements of the request
10for proposals, or they may be rejected as non-responsive.
11Proposals may be withdrawn prior to evaluation for any cause.
12No person or business who contracts with a local government to
13write specifications or otherwise provides specifications or
14assessments for a procurement need under this Section shall
15submit a bid or proposal or receive a contract for that
16procurement need. The specifications or assessments may be
17provided at no cost by a vendor or may be provided by the local
18government itself. All projects procured under this Section
19shall comply with Section 2-3.12 of this Code, if applicable,
20and are subject to review by the State Board of Education.
21 (105 ILCS 5/19b-3) (from Ch. 122, par. 19b-3)
22 Sec. 19b-3. Award of guaranteed energy savings contract.
23Sealed proposals must be opened by a member or employee of the
24school board or governing board of the area vocational center,
25whichever is applicable, at a public opening at which the

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1contents of the proposals must be announced. Each person or
2entity submitting a sealed proposal must receive at least 13
3days notice of the time and place of the opening. The school
4district or area vocational center shall select the qualified
5provider that best meets the needs of the district or area
6vocational center. The school district or area vocational
7center shall provide public notice of the meeting at which it
8proposes to award a guaranteed energy savings contract of the
9names of the parties to the proposed contract and of the
10purpose of the contract. The public notice shall be made at
11least 10 days prior to the meeting. After evaluating the
12proposals under Section 19b-2, a school district or area
13vocational center may enter into a guaranteed energy savings
14contract with a qualified provider if it finds that the amount
15it would spend on the energy conservation measures recommended
16in the proposal would not exceed the amount to be saved in
17either energy operating or operational costs, or both, within
18an 8-year a 20-year period from the date of installation, if
19the recommendations in the proposal are followed. Contracts
20let or awarded must be submitted to the administrators of the
21Capital Development Board Procurement Bulletin for
22publication. The final contract and any subsequent
23modifications and successful proposals, evaluations, and
24performance reviews shall be considered public records subject
25to inspection and copying by the public. All subsequent
26modifications that increase the guaranteed energy savings

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1contract length or scope of work are subject to a new request
2for proposals pursuant to this Article.
3(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
4 (105 ILCS 5/19b-4) (from Ch. 122, par. 19b-4)
5 Sec. 19b-4. Guarantee. The guaranteed energy savings
6contract shall include a written guarantee of the qualified
7provider that either the energy operating or operational cost
8savings, or both, will meet or exceed within 8 20 years the
9costs of the energy conservation measures. The qualified
10provider shall reimburse the school district or area
11vocational center within 90 days for any shortfall of
12guaranteed energy savings projected in the contract. A
13qualified provider shall provide a sufficient bond to the
14school district or area vocational center for the installation
15and the faithful performance of all the measures included in
16the contract. The guaranteed energy savings contract may
17provide for payments over a period of time, not to exceed 8 20
18years from the date of final installation of the measures.
19(Source: P.A. 92-767, eff. 8-6-02.)
20 (105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)
21 Sec. 19b-5. Installment payment contract; lease purchase
22agreement. A school district or school districts in
23combination or an area vocational center may enter into an
24installment payment contract or lease purchase agreement with

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1a qualified provider or with a third party, as authorized by
2law, for the funding or financing of the purchase and
3installation of energy conservation measures by a qualified
4provider. Every school district or area vocational center may
5issue certificates evidencing the indebtedness incurred
6pursuant to the contracts or agreements. Any such contract or
7agreement shall be valid whether or not an appropriation with
8respect thereto is first included in any annual or
9supplemental budget adopted by the school district or area
10vocational center. Each contract or agreement entered into by
11a school district or area vocational center pursuant to this
12Section shall be authorized by official action of the school
13board or governing board of the area vocational center,
14whichever is applicable. The authority granted in this Section
15is in addition to any other authority granted by law.
16 If an energy audit is performed by an energy services
17contractor for a school district within the 3 years
18immediately preceding the solicitation, then the school
19district must publish as a reference document in the
20solicitation for energy conservation measures the following:
21 (1) an executive summary of the energy audit provided
22 that the school district may exclude any proprietary or
23 trademarked information or practices; or
24 (2) the energy audit provided that the school district
25 may redact any proprietary or trademarked information or
26 practices.

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1For purposes of this Section, proprietary information or
2practices does not include overhead or profit calculations or
3allowances.
4A school district may not withhold the disclosure of
5information related to (i) the school district's consumption
6of energy or energy operating costs, (ii) the physical
7condition of the school district's facilities, and (iii) any
8limitations prescribed by the school district.
9 The solicitation must include a written disclosure that
10identifies any energy services contractor or qualified
11provider that participated in the preparation of the
12specifications issued by the school district. If no energy
13services contractor or qualified provider participated in the
14preparation of the specifications issued by the school
15district, then the solicitation must include a written
16disclosure that no energy services contractor or qualified
17provider participated in the preparation of the specifications
18for the school district. The written disclosure shall be
19published in the Capital Development Board Procurement
20Bulletin with the Request for Proposal.
21(Source: P.A. 96-1197, eff. 7-22-10; 97-333, eff. 8-12-11.)
22 (105 ILCS 5/19b-7) (from Ch. 122, par. 19b-7)
23 Sec. 19b-7. Energy operating Operational and energy cost
24savings. The school district or area vocational center shall
25document the operational and energy operating cost savings

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1specified in the guaranteed energy savings contract and
2designate and appropriate that amount for an annual payment of
3the contract. If the annual energy operating cost savings are
4less than projected under the guaranteed energy savings
5contract, the qualified provider shall, within 90 days, pay
6the difference as provided in Section 19b-4.
7(Source: P.A. 92-767, eff. 8-6-02.)
8 (105 ILCS 5/19b-8) (from Ch. 122, par. 19b-8)
9 Sec. 19b-8. Available funds. A school district or area
10vocational center may use funds designated for energy
11operating cost operating or capital expenditures for any
12guaranteed energy savings contract including purchases using
13installment payment contracts or lease purchase agreements. A
14school district or area vocational center that enters into
15such a contract or agreement may covenant in such contract or
16agreement that payments made thereunder shall be payable from
17the first funds legally available in each fiscal year.
18(Source: P.A. 92-767, eff. 8-6-02.)
19 (105 ILCS 5/19b-90 new)
20 Sec. 19b-90. New or modified contracts prohibited. No new
21guaranteed energy savings contract, contract modifications, or
22contract amendments may be entered into on or after January 1,
232022.

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1 (105 ILCS 5/19b-95 new)
2 Sec. 19b-95. Repeal. This Article is repealed 20 years
3after the effective date of this amendatory Act of the 102nd
4General Assembly.
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