Bill Text: IL HB5245 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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, 2021. Repeals the Article 20 years after the effective date of the amendatory Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5245 Detail]

Download: Illinois-2019-HB5245-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5245 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, 2021. 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
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
3-14.20, 19b-1.1, 19b-1.2, 19b-1.3, 19b-1.4, 19b-2, 19b-3,
19b-4, 19b-5, 19b-7, and 19b-8 and by adding Sections 19b-1.5,
19b-2.1, 19b-90, and 19b-95 as follows:
(105 ILCS 5/3-14.20) (from Ch. 122, par. 3-14.20)
Sec. 3-14.20. Building plans and specifications. To
inspect the building plans and specifications, including but
not limited to plans and specifications for the heating,
ventilating, lighting, seating, water supply, toilets, energy
conservation measures, and safety against fire of public school
rooms and buildings submitted to the regional superintendent of
schools him by school boards, and to approve all those which
comply substantially with the building code authorized in
Section 2-3.12.
If a municipality or, in the case of an unincorporated
area, a county or, if applicable, a fire protection district
wishes to be notified of plans and specifications received by a
regional office of education for any future construction or
alteration of a public school facility located within that
entity's jurisdiction, then the entity must register this wish

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

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

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

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

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

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following:
(1) The name and address of the school district or area
vocation center.
(2) The name, address, title, and phone number of a
contact person.
(3) Notice indicating that the school district or area
vocational center is requesting qualified providers to
propose energy conservation measures through a guaranteed
energy savings contract.
(4) The date, time, and place where proposals must be
received.
(5) The evaluation criteria for assessing the
proposals.
(6) Any other stipulations and clarifications the
school district or area vocational center may require.
(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
(105 ILCS 5/19b-1.5 new)
Sec. 19b-1.5. Energy operating cost. "Energy operating
cost" means any expenditure paid by a school district or area
vocational center to a third party for the furnishing of heat,
cold, power, electricity, water, or light to any building or
facility owned or operated by a school district or area
vocational center. "Energy operating cost" shall be directly
related to the energy consumption of a structure. "Energy
operating cost" does not include calculations related to

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general maintenance and custodial costs, including, but not
limited to, window cleaning, floor waxing, carpet vacuuming and
cleaning, mowing of lawns, trash removal, playground
maintenance, and similar indirect costs.
(105 ILCS 5/19b-2) (from Ch. 122, par. 19b-2)
Sec. 19b-2. Evaluation of proposal; performance review.
Before entering into a guaranteed energy savings contract under
Section 19b-3, a school district or area vocational center
shall submit a request for proposals. The school district or
area vocational center shall evaluate any sealed proposal from
a qualified provider. The evaluation shall analyze the
estimates of all costs of installations, modifications or
remodeling, including, without limitation, costs of a
pre-installation energy audit or analysis, design,
engineering, installation, maintenance, repairs, debt service,
conversions to a different energy or fuel source, or
post-installation project monitoring, data collection, and
reporting. The evaluation shall include a detailed analysis of
whether either the energy consumed or the energy operating
costs, or both, will be reduced and shall be submitted to the
administrators of the Capital Development Board Procurement
Bulletin for publication. If technical assistance is not
available by the a licensed architect of record or registered
professional engineer of record for on the school district or
area vocational center staff, then the evaluation of the

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proposal shall be done by a registered professional engineer or
architect, who is retained by the school district or area
vocational center. A licensed architect or registered
professional engineer evaluating a proposal or reviewing
contract performance under this Section must not have any
financial or contractual relationship with a qualified
provider or other source that would constitute a conflict of
interest. The school district or area vocational center may pay
a reasonable fee for evaluation of the proposal or the review
of contract performance or include the fee as part of the
payments made under Section 19b-4.
Performance reviews shall be conducted at least once every
4 years at the discretion of the school district or area
vocational center to verify the outcomes of the guaranteed
energy savings contract and shall include any improvement,
repair, alteration, or betterment of any building or facility
owned or operated by a school district or area vocational
center or any equipment, fixture, or furnishing added to or
used in any such building or facility. A performance review
shall be performed during a health and life safety survey under
Section 2-3.12 of this Code.
(Source: P.A. 95-612, eff. 9-11-07.)
(105 ILCS 5/19b-2.1 new)
Sec. 19b-2.1. Submission of proposals. Proposals must be
properly identified and sealed. Proposals may not be reviewed

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

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days notice of the time and place of the opening. The school
district or area vocational center shall select the qualified
provider that best meets the needs of the district or area
vocational center. The school district or area vocational
center shall provide public notice of the meeting at which it
proposes to award a guaranteed energy savings contract of the
names of the parties to the proposed contract and of the
purpose of the contract. The public notice shall be made at
least 10 days prior to the meeting. After evaluating the
proposals under Section 19b-2, a school district or area
vocational center may enter into a guaranteed energy savings
contract with a qualified provider if it finds that the amount
it would spend on the energy conservation measures recommended
in the proposal would not exceed the amount to be saved in
either energy operating or operational costs, or both, within
an 8-year a 20-year period from the date of installation, if
the recommendations in the proposal are followed. Contracts let
or awarded must be submitted to the administrators of the
Capital Development Board Procurement Bulletin for
publication. The final contract and any subsequent
modifications and successful proposals, evaluations, and
performance reviews shall be considered public records subject
to inspection and copying by the public. All subsequent
modifications that increase the guaranteed energy savings
contract length or scope of work are subject to a new request
for proposals pursuant to this Article.

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(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
(105 ILCS 5/19b-4) (from Ch. 122, par. 19b-4)
Sec. 19b-4. Guarantee. The guaranteed energy savings
contract shall include a written guarantee of the qualified
provider that either the energy operating or operational cost
savings, or both, will meet or exceed within 8 20 years the
costs of the energy conservation measures. The qualified
provider shall reimburse the school district or area vocational
center within 90 days for any shortfall of guaranteed energy
savings projected in the contract. A qualified provider shall
provide a sufficient bond to the school district or area
vocational center for the installation and the faithful
performance of all the measures included in the contract. The
guaranteed energy savings contract may provide for payments
over a period of time, not to exceed 8 20 years from the date of
final installation of the measures.
(Source: P.A. 92-767, eff. 8-6-02.)
(105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)
Sec. 19b-5. Installment payment contract; lease purchase
agreement. A school district or school districts in combination
or an area vocational center may enter into an installment
payment contract or lease purchase agreement with a qualified
provider or with a third party, as authorized by law, for the
funding or financing of the purchase and installation of energy

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conservation measures by a qualified provider. Every school
district or area vocational center may issue certificates
evidencing the indebtedness incurred pursuant to the contracts
or agreements. Any such contract or agreement shall be valid
whether or not an appropriation with respect thereto is first
included in any annual or supplemental budget adopted by the
school district or area vocational center. Each contract or
agreement entered into by a school district or area vocational
center pursuant to this Section shall be authorized by official
action of the school board or governing board of the area
vocational center, whichever is applicable. The authority
granted in this Section is in addition to any other authority
granted by law.
If an energy audit is performed by an energy services
contractor for a school district within the 3 years immediately
preceding the solicitation, then the school district must
publish as a reference document in the solicitation for energy
conservation measures the following:
(1) an executive summary of the energy audit provided
that the school district may exclude any proprietary or
trademarked information or practices; or
(2) the energy audit provided that the school district
may redact any proprietary or trademarked information or
practices.
For purposes of this Section, proprietary information or
practices does not include overhead or profit calculations or

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allowances.
A school district may not withhold the disclosure of
information related to (i) the school district's consumption of
energy or energy operating costs, (ii) the physical condition
of the school district's facilities, and (iii) any limitations
prescribed by the school district.
The solicitation must include a written disclosure that
identifies any energy services contractor or qualified
provider that participated in the preparation of the
specifications issued by the school district. If no energy
services contractor or qualified provider participated in the
preparation of the specifications issued by the school
district, then the solicitation must include a written
disclosure that no energy services contractor or qualified
provider participated in the preparation of the specifications
for the school district. The written disclosure shall be
published in the Capital Development Board Procurement
Bulletin with the Request for Proposal.
(Source: P.A. 96-1197, eff. 7-22-10; 97-333, eff. 8-12-11.)
(105 ILCS 5/19b-7) (from Ch. 122, par. 19b-7)
Sec. 19b-7. Energy operating Operational and energy cost
savings. The school district or area vocational center shall
document the operational and energy operating cost savings
specified in the guaranteed energy savings contract and
designate and appropriate that amount for an annual payment of

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the contract. If the annual energy operating cost savings are
less than projected under the guaranteed energy savings
contract, the qualified provider shall, within 90 days, pay the
difference as provided in Section 19b-4.
(Source: P.A. 92-767, eff. 8-6-02.)
(105 ILCS 5/19b-8) (from Ch. 122, par. 19b-8)
Sec. 19b-8. Available funds. A school district or area
vocational center may use funds designated for energy operating
cost operating or capital expenditures for any guaranteed
energy savings contract including purchases using installment
payment contracts or lease purchase agreements. A school
district or area vocational center that enters into such a
contract or agreement may covenant in such contract or
agreement that payments made thereunder shall be payable from
the first funds legally available in each fiscal year.
(Source: P.A. 92-767, eff. 8-6-02.)
(105 ILCS 5/19b-90 new)
Sec. 19b-90. New or modified contracts prohibited. No new
guaranteed energy savings contract, contract modifications, or
contract amendments may be entered into on or after January 1,
2021.
(105 ILCS 5/19b-95 new)
Sec. 19b-95. Repeal. This Article is repealed 20 years

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after the effective date of this amendatory Act of the 101st
General Assembly.