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
© 1998 Cornell College and League of Women Voters of Iowa
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