Text: HF02151 Text: HF02153 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 297A.1 DEFINITIONS. 1 2 For the purposes of this chapter: 1 3 1. "Energy conservation measure" means any improvement, 1 4 repair, or alteration of a building or facility owned or 1 5 operated by a school district, or any equipment, fixture, or 1 6 furnishing to be added to or used in any such building or 1 7 facility that is designed to reduce energy consumption or 1 8 operating costs. An energy conservation measure may include 1 9 one or more of the following: 1 10 a. Insulation of the building structure or systems within 1 11 the building. 1 12 b. Storm windows or doors, caulking or weather stripping, 1 13 multiglazed windows or doors, heat-absorbing or heat- 1 14 reflective glazed and coated window or door systems, 1 15 additional glazing, reductions in glass area, or other window 1 16 and door system modifications that reduce energy consumption. 1 17 c. Automated or computerized energy control systems. 1 18 d. Heating, ventilating, or air conditioning system 1 19 modifications or replacements. 1 20 e. Replacement or modification of lighting fixtures to 1 21 increase the energy efficiency of the lighting system without 1 22 increasing the overall illumination of a facility, unless an 1 23 increase in illumination is necessary to conform to the 1 24 applicable state or local building code for the lighting 1 25 system after the proposed modifications are made. 1 26 f. Energy recovery systems. 1 27 g. Energy conservation measures that provide long-term 1 28 operating cost reductions. 1 29 2. "Guaranteed energy savings contract" means a contract 1 30 which provides for all of the following: 1 31 a. Performance of an energy audit, data collection, and 1 32 other related analyses preliminary to the undertaking of 1 33 energy conservation measures. 1 34 b. Evaluation and recommendation of energy conservation 1 35 measures. 2 1 c. Implementation of one or more energy conservation 2 2 measures. 2 3 d. Maintenance of project monitoring and data collection 2 4 to verify postinstallation energy consumption and energy- 2 5 related operating costs. 2 6 The contract shall provide that all payments, except 2 7 obligations resulting from termination of the contract before 2 8 its expiration, are to be made over time and that the savings 2 9 are guaranteed to the extent necessary to pay the costs of the 2 10 energy conservation measures. More than one school district 2 11 may enter into a guaranteed energy savings contract provided 2 12 that each school district complies with the provisions of this 2 13 chapter. 2 14 3. "Qualified provider" means a person or business whose 2 15 employees are experienced and trained in the design, 2 16 implementation, or installation of energy conservation 2 17 measures. The minimum training required for any person or 2 18 employee pursuant to this subsection shall be the satisfactory 2 19 completion of at least forty hours of course instruction 2 20 dealing with energy conservation measures. 2 21 4. "Request for proposals" means a negotiated procurement. 2 22 A request for proposals shall be announced through at least 2 23 one public notice appearing at least ten days before the 2 24 request date in a newspaper of general circulation published 2 25 in the school district, or if no newspaper is published in the 2 26 school district, in a newspaper of general circulation in the 2 27 area of the district, from a school district that will 2 28 administer the program, requesting innovative solutions and 2 29 proposals for energy conservation measures. Proposals 2 30 submitted shall be sealed. The request for proposals shall 2 31 include all of the following: 2 32 a. Name and address of the school district. 2 33 b. Name, address, title, and phone number of a contact 2 34 person for the school district. 2 35 c. Notice indicating that the school district is 3 1 requesting qualified providers to propose energy conservation 3 2 measures through a guaranteed energy savings contract. 3 3 d. Date, time, and place where proposals must be received. 3 4 e. Evaluation criteria for assessing the proposals. 3 5 f. Any other stipulations and clarifications the school 3 6 district may require. 3 7 The provisions of this chapter applying to school districts 3 8 shall also apply to community colleges organized and operated 3 9 pursuant to the provisions of chapter 260C. 3 10 Sec. 2. NEW SECTION. 297A.2 EVALUATION OF PROPOSALS. 3 11 Prior to entering into a guaranteed energy savings contract 3 12 as provided in section 297A.3, a school district shall 3 13 announce a request for proposals, and shall evaluate any 3 14 sealed proposal from a qualified provider. Sealed proposals 3 15 shall be opened by a designated member or employee of the 3 16 school board at a public meeting during which the contents of 3 17 the proposals shall be announced. Each person or entity 3 18 submitting a sealed proposal must receive at least ten days' 3 19 notice of the time and place of the public meeting, published 3 20 pursuant to the procedure specified in section 297A.1, 3 21 subsection 4. 3 22 The school district shall analyze the estimates of all 3 23 costs of installations, modifications, and remodeling, 3 24 including, without limitation, costs of a preinstallation 3 25 energy audit or analysis, design, engineering, installation, 3 26 maintenance, repairs, debt service, conversions to a different 3 27 energy or fuel source, and postinstallation project 3 28 monitoring, data collection, and reporting. The evaluation 3 29 shall include a detailed analysis of whether the energy 3 30 consumed or the operating costs, or both, will be reduced. If 3 31 technical expertise is not available on the school district 3 32 staff, then the evaluation of the proposal may be done by a 3 33 registered professional engineer or architect who is retained 3 34 by the school district. The school district may pay a 3 35 reasonable fee for evaluation of the proposal or include the 4 1 fee as part of the payments made under section 297A.4. 4 2 Sec. 3. NEW SECTION. 297A.3 AWARD OF GUARANTEED ENERGY 4 3 SAVINGS CONTRACT. 4 4 A school district shall select the qualified provider that 4 5 best meets the needs of the district. After completing its 4 6 evaluation of the proposals received pursuant to section 4 7 297A.2, the school district shall provide public notice of the 4 8 meeting at which it proposes to award a guaranteed energy 4 9 savings contract. The notice shall contain the names of the 4 10 parties to the proposed contract and the purpose of the 4 11 contract. The public notice shall be published at least ten 4 12 days prior to the meeting, pursuant to the procedure specified 4 13 in section 297A.1, subsection 4. A school district may enter 4 14 into a guaranteed energy savings contract with a qualified 4 15 provider if it finds after evaluating the proposal pursuant to 4 16 section 297A.2 that the amount it would spend on the energy 4 17 conservation measures recommended in the proposal would not 4 18 exceed the amount to be saved in either energy or operational 4 19 costs, or both, within a ten-year period from the date of 4 20 installation or modification, if the recommendations in the 4 21 proposal are followed. 4 22 Sec. 4. NEW SECTION. 297A.4 QUALIFIED PROVIDER 4 23 GUARANTEE. 4 24 The guaranteed energy savings contract shall include a 4 25 written guarantee of the qualified provider that either the 4 26 anticipated energy or operational cost savings, or both, will 4 27 meet or exceed within ten years the costs of the energy 4 28 conservation measures. The qualified provider shall reimburse 4 29 the school district for any shortfall of guaranteed energy 4 30 savings projected in the contract. A qualified provider shall 4 31 provide a sufficient bond to the school district for the 4 32 installation and the faithful performance of all the measures 4 33 included in the contract. The guaranteed energy savings 4 34 contract may provide for payments over a period of time, not 4 35 to exceed ten years. 5 1 Sec. 5. NEW SECTION. 297A.5 PAYMENT PROVISIONS. 5 2 A school district may enter into an installment payment 5 3 contract or lease-purchase agreement with a qualified provider 5 4 for the purchase and installation of energy conservation 5 5 measures, as provided in section 297A.1, subsection 2, if a 5 6 motion on such contract or agreement is adopted by the board 5 7 of directors, and may issue certificates evidencing the 5 8 indebtedness incurred pursuant to the contracts or agreements. 5 9 A guaranteed energy savings contract may extend beyond the 5 10 fiscal year in which it becomes effective, and amounts 5 11 remaining payable thereunder shall be included in the school 5 12 district's annual school budget for each subsequent fiscal 5 13 year. 5 14 Sec. 6. NEW SECTION. 297A.6 OPERATIONAL AND ENERGY COST 5 15 SAVINGS. 5 16 A school district shall document the operational and energy 5 17 cost savings specified in the guaranteed energy savings 5 18 contract and designate and appropriate that amount for an 5 19 annual payment of the contract. If that annual energy savings 5 20 are less than projected under the guaranteed energy savings 5 21 contract, the qualified provider shall pay the difference as 5 22 provided in section 297A.4. 5 23 Sec. 7. NEW SECTION. 297A.7 FUNDING. 5 24 1. A school district may use funds from either its general 5 25 fund or debt service fund to repay obligations relating to a 5 26 guaranteed energy savings contract, including purchases using 5 27 installment payment contracts or lease-purchase agreements. 5 28 2. For the purpose of paying obligations incurred pursuant 5 29 to a guaranteed energy savings contract, a school district is 5 30 authorized to: 5 31 a. Issue negotiable, interest-bearing school bonds, 5 32 pursuant to section 298.21, subsections 2 and 3, and utilize 5 33 energy savings resulting from implementation of the guaranteed 5 34 energy savings contract for principal and interest repayment. 5 35 The provisions of sections 298.22 through 298.24 shall apply 6 1 regarding the form, rate of interest, registration, 6 2 redemption, and recording of bond issues pursuant to this 6 3 subsection, with the exception that the maximum period during 6 4 which principal on the bonds is payable shall not exceed a 6 5 ten-year period. 6 6 b. Enter into energy loan fund financing arrangements with 6 7 the department of natural resources pursuant to section 6 8 473.20. For the purposes of this paragraph, the requirement 6 9 in section 473.20, subsection 1, that loans shall not be made 6 10 for energy conservation measures that require more than an 6 11 average of six years to recoup costs shall not apply. 6 12 c. Borrow money and enter into loan agreements with a 6 13 bank, investment banker, trust company, or other third-party 6 14 lender, and utilize energy savings resulting from 6 15 implementation of the guaranteed energy savings contract for 6 16 principal and interest repayment. The maturation date of the 6 17 loan shall not exceed the duration of the guaranteed energy 6 18 savings contract, and the loan shall bear interest at a rate 6 19 which does not exceed the limits under chapter 74A. A loan 6 20 agreement entered into pursuant to this section shall be in a 6 21 form as the board of directors shall approve by resolution. 6 22 3. State aid payments to a school district pursuant to 6 23 section 257.16, and other amounts available for distribution 6 24 to or reimbursement of a school district, shall not be reduced 6 25 as a result of energy savings realized from a guaranteed 6 26 energy savings contract, installment payment contract, or a 6 27 lease-purchase agreement for the purchase and installation of 6 28 energy conservation measures. 6 29 EXPLANATION 6 30 This bill provides for the creation of a school energy 6 31 conservation program designed to facilitate the ability of 6 32 school districts to undertake energy conservation measures 6 33 involving school building improvements, repairs, or 6 34 alterations, or to add equipment, fixtures, or furnishings, by 6 35 means of contracting with a service provider that guarantees 7 1 energy or operational cost savings. 7 2 The bill provides a definition of an energy conservation 7 3 measure to be undertaken by a school district, which includes 7 4 insulation, caulking or weather stripping, adding energy 7 5 control systems, adding, modifying, or replacing heating, 7 6 ventilating, or air conditioning systems, replacement or 7 7 modification of lighting fixtures, adding energy recovery 7 8 systems, or additional energy conservation measures that 7 9 provide long-term operating cost reductions. The bill 7 10 provides that a school district which seeks to undertake one 7 11 or more energy conservation measures can enter into a 7 12 guaranteed energy savings contract with a qualified provider. 7 13 The bill defines a guaranteed energy savings contract to 7 14 include a contract with a qualified provider for the 7 15 performance of energy audits and preliminary analyses, the 7 16 evaluation, recommendation, and implementation of energy 7 17 conservation measures, and postimplementation data collection 7 18 and recordkeeping. More than one school district can enter 7 19 into a guaranteed energy savings contract with a qualified 7 20 provider, if each school district adheres to the provisions in 7 21 the bill. The bill defines a qualified provider as a person 7 22 or business which is experienced in the design, 7 23 implementation, and installation of energy conservation 7 24 measures, and which person or business submits a proposal to 7 25 enter into a guaranteed energy savings contract with a school 7 26 district. The bill specifies procedures for public notice 7 27 regarding a request for proposals from qualified providers, 7 28 evaluation procedures and criteria regarding the requests 7 29 submitted, and procedures regarding the awarding of a contract 7 30 by the school district. 7 31 The bill provides that a guaranteed energy savings contract 7 32 shall contain a written guarantee from the qualified provider 7 33 that the anticipated energy or operational cost savings to the 7 34 school district will at least equal the cost of the energy 7 35 conservation measures undertaken by the district within 10 8 1 years, and that the provider agrees to reimburse the school 8 2 district for any energy savings shortfall. The provider is 8 3 required to provide a bond to the school district for faithful 8 4 performance of the contract. 8 5 The bill provides that a school district may enter into an 8 6 installment payment contract or lease-purchase agreement with 8 7 a qualified provider for the purchase and installation of an 8 8 energy conservation measure, if approved by the district board 8 9 of directors, and may use funds from either its general fund 8 10 or debt service fund for qualified provider payments. The 8 11 bill further provides that a school district is authorized to 8 12 issue school bonds pursuant to Code section 298.21, 8 13 subsections 2 and 3, and obtain third-party financing, and 8 14 utilize energy savings resulting from implementation of the 8 15 guaranteed energy savings contract for principal and interest 8 16 repayment, and enter into energy loan fund financing 8 17 arrangements with the department of natural resources pursuant 8 18 to Code section 473.20. The bill additionally provides that 8 19 state aid payments to a school district pursuant to Code 8 20 section 257.16, and other amounts available for distribution 8 21 to or reimbursement of a school district, will not be reduced 8 22 as a result of energy savings realized from a guaranteed 8 23 energy savings contract, installment payment contract, or a 8 24 lease-purchase agreement for the purchase and installation of 8 25 energy conservation measures. 8 26 The bill provides that community colleges organized and 8 27 operating pursuant to Code chapter 260C may enter into 8 28 guaranteed energy savings contracts to the same extent as 8 29 school districts. 8 30 LSB 3574HH 77 8 31 rn/jw/5.1
Text: HF02151 Text: HF02153 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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