Text: S05625 Text: S05627 Text: S05600 - S05699 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the House amendment, S-5530, to Senate File 1 2 2405, as amended, passed, and reprinted by the Senate, 1 3 as follows: 1 4 #1. Page 1, by inserting after line 20 the 1 5 following: 1 6 # . Page 3, by inserting after line 9 the 1 7 following: 1 8 "Sec. ___ NEW SECTION. 297A.1 DEFINITIONS. 1 9 For the purposes of this chapter: 1 10 1. "Energy conservation measure" means any 1 11 improvement, repair, or alteration of a building or 1 12 facility owned or operated by a school district, or 1 13 any equipment, fixture, or furnishing to be added to 1 14 or used in any such building or facility that is 1 15 designed to reduce energy consumption or operating 1 16 costs. An energy conservation measure may include one 1 17 or more of the following: 1 18 a. Insulation of the building structure or systems 1 19 within the building. 1 20 b. Storm windows or doors, caulking or weather 1 21 stripping, multiglazed windows or doors, heat- 1 22 absorbing or heat-reflective glazed and coated window 1 23 or door systems, additional glazing, reductions in 1 24 glass area, or other window and door system 1 25 modifications that reduce energy consumption. 1 26 c. Automated or computerized energy control 1 27 systems. 1 28 d. Heating, ventilating, or air conditioning 1 29 system modifications or replacements. 1 30 e. Replacement or modification of lighting 1 31 fixtures to increase the energy efficiency of the 1 32 lighting system without increasing the overall 1 33 illumination of a facility, unless an increase in 1 34 illumination is necessary to conform to the applicable 1 35 state or local building code for the lighting system 1 36 after the proposed modifications are made. 1 37 f. Energy recovery systems. 1 38 g. Energy conservation measures that provide long- 1 39 term operating cost reductions. 1 40 h. Renewable energy applications, including, but 1 41 not limited to, solar hot water, active solar space 1 42 conditioning, passive solar space conditioning, 1 43 photovoltaic applications, wind energy, water power, 1 44 tidal energy, or use of biomass fuels. 1 45 2. "Guaranteed energy savings contract" means a 1 46 contract which provides for all of the following: 1 47 a. Performance of an energy audit, data 1 48 collection, and other related analyses preliminary to 1 49 the undertaking of energy conservation measures. 1 50 b. Evaluation and recommendation of energy 2 1 conservation measures. 2 2 c. Implementation of one or more energy 2 3 conservation measures. 2 4 d. Maintenance of project monitoring and data 2 5 collection to verify postinstallation energy 2 6 consumption and energy-related operating costs. 2 7 The contract shall provide that all payments, 2 8 except obligations resulting from termination of the 2 9 contract before its expiration, are to be made over 2 10 time and that the savings are guaranteed to the extent 2 11 necessary to pay the costs of the energy conservation 2 12 measures. More than one school district may enter 2 13 into a guaranteed energy savings contract provided 2 14 that each school district complies with the provisions 2 15 of this chapter. 2 16 3. "Operational cost savings" means improvements 2 17 to a facility producing auditable budget reductions. 2 18 These savings need to be clearly defined and 2 19 documented as follows: 2 20 a. The savings should be related to actual costs 2 21 that are currently budgeted and can be documented. 2 22 b. The anticipated improvements producing budget 2 23 reductions, and the method of calculation of the 2 24 operating cost savings, must be included in the 2 25 guaranteed energy savings contract and agreed to by 2 26 both parties. 2 27 c. The operational cost savings may be included in 2 28 the qualified provider guarantee provided that the 2 29 requirements in paragraphs "a" and "b" are met. 2 30 4. "Qualified provider" means a person or business 2 31 whose employees are experienced and trained in the 2 32 design, implementation, or installation of energy 2 33 conservation measures. Qualified providers must be 2 34 certified by the national association of energy 2 35 service companies, and all work performed in the 2 36 detailed audit stage must be under the direct, on-site 2 37 supervision of a certified energy manager as 2 38 accredited by the association of energy engineers, or 2 39 must be prequalified by the department of natural 2 40 resources. 2 41 5. "Request for proposals" means a negotiated 2 42 procurement. A request for proposals shall be 2 43 announced through at least one public notice appearing 2 44 at least ten days before the request date in a 2 45 newspaper of general circulation published in the 2 46 school district, or if no newspaper is published in 2 47 the school district, in a newspaper of general 2 48 circulation in the area of the district, from a school 2 49 district that will administer the program, requesting 2 50 innovative solutions and proposals for energy 3 1 conservation measures. Proposals submitted shall be 3 2 sealed. The request for proposals shall include all 3 3 of the following: 3 4 a. Name and address of the school district. 3 5 b. Name, address, title, and phone number of a 3 6 contact person for the school district. 3 7 c. Notice indicating that the school district is 3 8 requesting qualified providers to propose energy 3 9 conservation measures through a guaranteed energy 3 10 savings contract. 3 11 d. Date, time, and place where proposals must be 3 12 received. 3 13 e. Evaluation criteria for assessing the 3 14 proposals. 3 15 f. Any other stipulations and clarifications the 3 16 school district may require. 3 17 The provisions of this chapter applying to school 3 18 districts shall also apply to community colleges 3 19 organized and operated pursuant to the provisions of 3 20 chapter 260C. 3 21 Sec. ___. NEW SECTION. 297A.2 EVALUATION OF 3 22 PROPOSALS. 3 23 Prior to entering into a guaranteed energy savings 3 24 contract as provided in section 297A.3, a school 3 25 district shall announce a request for proposals, and 3 26 shall evaluate any sealed proposal from a qualified 3 27 provider. Sealed proposals shall be opened by a 3 28 designated member or employee of the school board at a 3 29 public meeting during which the contents of the 3 30 proposals shall be announced. Each person or entity 3 31 submitting a sealed proposal must receive at least ten 3 32 days' notice of the time and place of the public 3 33 meeting, published pursuant to the procedure specified 3 34 in section 297A.1, subsection 4. 3 35 The school district shall analyze the estimates of 3 36 all costs of installations, modifications, and 3 37 remodeling, including, without limitation, costs of a 3 38 preinstallation energy audit or analysis, design, 3 39 engineering, installation, maintenance, repairs, debt 3 40 service, conversions to a different energy or fuel 3 41 source, and postinstallation project monitoring, data 3 42 collection, and reporting. The evaluation shall 3 43 include a detailed analysis of whether the energy 3 44 consumed or the operating costs, or both, will be 3 45 reduced. If technical expertise is not available on 3 46 the school district staff, then the evaluation of the 3 47 proposal may be done by a registered professional 3 48 engineer, architect, or consultant with experience in 3 49 assisting in the management of guaranteed energy 3 50 savings contracts who is retained by the school 4 1 district. The school district may pay a reasonable 4 2 fee for evaluation of the proposal or include the fee 4 3 as part of the payments made under section 297A.4. 4 4 Sec. ___. NEW SECTION. 297A.3 AWARD OF 4 5 GUARANTEED ENERGY SAVINGS CONTRACT. 4 6 A school district shall select the qualified 4 7 provider that best meets the needs of the district. 4 8 After completing its evaluation of the proposals 4 9 received pursuant to section 297A.2, the school 4 10 district shall provide public notice of the meeting at 4 11 which it proposes to award a guaranteed energy savings 4 12 contract. The notice shall contain the names of the 4 13 parties to the proposed contract and the purpose of 4 14 the contract. The public notice shall be published at 4 15 least ten days prior to the meeting, pursuant to the 4 16 procedure specified in section 297A.1, subsection 4. 4 17 A school district may enter into a guaranteed energy 4 18 savings contract with a qualified provider if it finds 4 19 after evaluating the proposal pursuant to section 4 20 297A.2 that the amount it would spend on the energy 4 21 conservation measures recommended in the proposal 4 22 would not exceed the amount to be saved in either 4 23 energy or operational costs, or both, within a ten- 4 24 year period from the date of installation or 4 25 modification, if the recommendations in the proposal 4 26 are followed. 4 27 Sec. ___. NEW SECTION. 297A.4 QUALIFIED PROVIDER 4 28 GUARANTEE. 4 29 The guaranteed energy savings contract shall 4 30 include a written guarantee of the qualified provider 4 31 that either the anticipated energy or operational cost 4 32 savings, or both, will meet or exceed within ten years 4 33 the costs of the energy conservation measures. The 4 34 qualified provider shall annually reimburse the school 4 35 district for any shortfall of guaranteed energy 4 36 savings projected in the contract. A qualified 4 37 provider shall provide a sufficient bond to the school 4 38 district for the installation and the faithful 4 39 performance of all the measures included in the 4 40 contract. The guaranteed energy savings contract may 4 41 provide for payments over a period of time, not to 4 42 exceed ten years. 4 43 Sec. ___. NEW SECTION. 297A.5 PAYMENT 4 44 PROVISIONS. 4 45 A school district may enter into an installment 4 46 payment contract or lease-purchase agreement with a 4 47 qualified provider for the purchase and installation 4 48 of energy conservation measures, as provided in 4 49 section 297A.1, subsection 2, if a motion on such 4 50 contract or agreement is adopted by the board of 5 1 directors, and may issue certificates evidencing the 5 2 indebtedness incurred pursuant to the contracts or 5 3 agreements. A guaranteed energy savings contract may 5 4 extend beyond the fiscal year in which it becomes 5 5 effective, and amounts remaining payable thereunder 5 6 shall be included in the school district's annual 5 7 school budget for each subsequent fiscal year. 5 8 Sec. ___. NEW SECTION. 297A.6 OPERATIONAL AND 5 9 ENERGY COST SAVINGS. 5 10 The qualified provider shall document the 5 11 operational cost savings specified in the guaranteed 5 12 energy savings contract and the school district shall 5 13 designate and appropriate that amount for an annual 5 14 payment of the contract. If that annual energy 5 15 savings are less than projected under the guaranteed 5 16 energy savings contract, the qualified provider shall 5 17 pay the difference as provided in section 297A.4. 5 18 Cost savings verification methodology shall be 5 19 documented in the sealed proposal received from a 5 20 prospective qualified provider, and in the subsequent 5 21 guaranteed energy savings contract. This methodology 5 22 shall be independently auditable and in accordance 5 23 with federal energy management program measurement and 5 24 verification guidelines for federal energy projects. 5 25 Sec. ___. NEW SECTION. 297A.7 FUNDING. 5 26 1. A school district may use funds from either its 5 27 general fund or debt service fund to repay obligations 5 28 relating to a guaranteed energy savings contract, 5 29 including purchases using installment payment 5 30 contracts or lease-purchase agreements. 5 31 2. For the purpose of paying obligations incurred 5 32 pursuant to a guaranteed energy savings contract, a 5 33 school district is authorized to: 5 34 a. Issue negotiable, interest-bearing school 5 35 bonds, pursuant to section 298.21, subsections 2 and 5 36 3, and utilize energy savings resulting from 5 37 implementation of the guaranteed energy savings 5 38 contract for principal and interest repayment. The 5 39 provisions of sections 298.22 through 298.24 shall 5 40 apply regarding the form, rate of interest, 5 41 registration, redemption, and recording of bond issues 5 42 pursuant to this subsection, with the exception that 5 43 the maximum period during which principal on the bonds 5 44 is payable shall not exceed a ten-year period. 5 45 b. Enter into energy loan fund financing 5 46 arrangements with the department of natural resources 5 47 pursuant to section 473.20. For the purposes of this 5 48 paragraph, the requirement in section 473.20, 5 49 subsection 1, that loans shall not be made for energy 5 50 conservation measures that require more than an 6 1 average of six years to recoup costs shall not apply. 6 2 c. Borrow money and enter into loan agreements 6 3 with a bank, investment banker, trust company, or 6 4 other third-party lender, and utilize energy savings 6 5 resulting from implementation of the guaranteed energy 6 6 savings contract for principal and interest repayment. 6 7 The maturation date of the loan shall not exceed the 6 8 duration of the guaranteed energy savings contract, 6 9 and the loan shall bear interest at a rate which does 6 10 not exceed the limits under chapter 74A. A loan 6 11 agreement entered into pursuant to this section shall 6 12 be in a form as the board of directors shall approve 6 13 by resolution. 6 14 3. State aid payments to a school district 6 15 pursuant to section 257.16, and other amounts 6 16 available for distribution to or reimbursement of a 6 17 school district, shall not be reduced as a result of 6 18 energy savings realized from a guaranteed energy 6 19 savings contract, installment payment contract, or a 6 20 lease-purchase agreement for the purchase and 6 21 installation of energy conservation measures. 6 22 Sec. ___. Administrative rules relating to the 6 23 implementation of this Act shall be established in 6 24 collaboration between the department of education and 6 25 the department of natural resources." 6 26 #2. Title page, line 3, by inserting after the 6 27 word "district" the following: ", and for the 6 28 establishment of a school energy conservation program 6 29 for public buildings by a school district."" 6 30 6 31 6 32 6 33 JEFF ANGELO 6 34 SF 2405.502 77 6 35 rn/jw/28
Text: S05625 Text: S05627 Text: S05600 - S05699 Text: S Index Bills and Amendments: General Index Bill History: General Index
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