Text: SSB02083                          Text: SSB02085
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Senate Study Bill 2084

Bill Text

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 evaluate any sealed proposal from
  3 23 a qualified provider.  The evaluation shall analyze the
  3 24 estimates of all costs of installations, modifications, and
  3 25 remodeling, including, without limitation, costs of a
  3 26 preinstallation energy audit or analysis, design, engineering,
  3 27 installation, maintenance, repairs, debt service, conversions
  3 28 to a different energy or fuel source, and postinstallation
  3 29 project monitoring, data collection, and reporting.  The
  3 30 evaluation shall include a detailed analysis of whether the
  3 31 energy consumed or the operating costs, or both, will be
  3 32 reduced.  If technical expertise is not available on the
  3 33 school district staff, then the evaluation of the proposal may
  3 34 be done by a registered professional engineer or architect who
  3 35 is retained by the school district.  The school district may
  4  1 pay a reasonable fee for evaluation of the proposal or include
  4  2 the fee as part of the payments made under section 297A.4.
  4  3    Sec. 3.  NEW SECTION.  297A.3  AWARD OF GUARANTEED ENERGY
  4  4 SAVINGS CONTRACT.
  4  5    A school district shall select the qualified provider that
  4  6 best meets the needs of the district.  After completing its
  4  7 evaluation of the proposals received pursuant to section
  4  8 297A.2, the school district shall provide public notice of the
  4  9 meeting at which it proposes to award a guaranteed energy
  4 10 savings contract.  The notice shall contain the names of the
  4 11 parties to the proposed contract and the purpose of the
  4 12 contract.  The public notice shall be published at least ten
  4 13 days prior to the meeting, pursuant to the procedure specified
  4 14 in section 297A.1, subsection 4.  A school district may enter
  4 15 into a guaranteed energy savings contract with a qualified
  4 16 provider if it finds after evaluating the proposal pursuant to
  4 17 section 297A.2 that the amount it would spend on the energy
  4 18 conservation measures recommended in the proposal would not
  4 19 exceed the amount to be saved in either energy or operational
  4 20 costs, or both, within a ten-year period from the date of
  4 21 installation or modification, if the recommendations in the
  4 22 proposal are followed.
  4 23    Sec. 4.  NEW SECTION.  297A.4  QUALIFIED PROVIDER
  4 24 GUARANTEE.
  4 25    The guaranteed energy savings contract shall include a
  4 26 written guarantee of the qualified provider that either the
  4 27 anticipated energy or operational cost savings, or both, will
  4 28 meet or exceed within ten years the costs of the energy
  4 29 conservation measures.  The qualified provider shall reimburse
  4 30 the school district for any shortfall of guaranteed energy
  4 31 savings projected in the contract.  A qualified provider shall
  4 32 provide a sufficient bond to the school district for the
  4 33 installation and the faithful performance of all the measures
  4 34 included in the contract.  The guaranteed energy savings
  4 35 contract may provide for payments over a period of time, not
  5  1 to exceed ten years.
  5  2    Sec. 5.  NEW SECTION.  297A.5  PAYMENT PROVISIONS.
  5  3    A school district may enter into an installment payment
  5  4 contract or lease-purchase agreement with a qualified provider
  5  5 for the purchase and installation of energy conservation
  5  6 measures, as provided in section 297A.1, subsection 2, if a
  5  7 motion on such contract or agreement is adopted by the board
  5  8 of directors, and may issue certificates evidencing the
  5  9 indebtedness incurred pursuant to the contracts or agreements.
  5 10 A guaranteed energy savings contract may extend beyond the
  5 11 fiscal year in which it becomes effective, and amounts
  5 12 remaining payable thereunder shall be included in the school
  5 13 district's annual school budget for each subsequent fiscal
  5 14 year.
  5 15    Sec. 6.  NEW SECTION.  297A.6  OPERATIONAL AND ENERGY COST
  5 16 SAVINGS.
  5 17    A school district shall document the operational and energy
  5 18 cost savings specified in the guaranteed energy savings
  5 19 contract and designate and appropriate that amount for an
  5 20 annual payment of the contract.  If that annual energy savings
  5 21 are less than projected under the guaranteed energy savings
  5 22 contract, the qualified provider shall pay the difference as
  5 23 provided in section 297A.4.
  5 24    Sec. 7.  NEW SECTION.  297A.7  FUNDING.
  5 25    1.  A school district may use funds from either its general
  5 26 fund or debt service fund to repay obligations relating to a
  5 27 guaranteed energy savings contract, including purchases using
  5 28 installment payment contracts or lease-purchase agreements.
  5 29    2.  For the purpose of paying obligations incurred pursuant
  5 30 to a guaranteed energy savings contract, a school district is
  5 31 authorized to:
  5 32    a.  Issue negotiable, interest-bearing school bonds,
  5 33 pursuant to section 298.21, subsections 2 and 3, and utilize
  5 34 energy savings resulting from implementation of the guaranteed
  5 35 energy savings contract for principal and interest repayment.
  6  1 The provisions of sections 298.22 through 298.24 shall apply
  6  2 regarding the form, rate of interest, registration,
  6  3 redemption, and recording of bond issues pursuant to this
  6  4 subsection, with the exception that the maximum period during
  6  5 which principal on the bonds is payable shall not exceed a
  6  6 ten-year period.
  6  7    b.  Enter into energy loan fund financing arrangements with
  6  8 the department of natural resources pursuant to section
  6  9 473.20.  For the purposes of this paragraph, the requirement
  6 10 in section 473.20, subsection 1, that loans shall not be made
  6 11 for energy conservation measures that require more than an
  6 12 average of six years to recoup costs shall not apply.
  6 13    3.  State aid payments to a school district pursuant to
  6 14 section 257.16, and other amounts available for distribution
  6 15 to or reimbursement of a school district, shall not be reduced
  6 16 as a result of energy savings realized from a guaranteed
  6 17 energy savings contract, installment payment contract, or a
  6 18 lease-purchase agreement for the purchase and installation of
  6 19 energy conservation measures.  
  6 20                           EXPLANATION
  6 21    This bill provides for the creation of a school energy
  6 22 conservation program designed to facilitate the ability of
  6 23 school districts to undertake energy conservation measures
  6 24 involving school building improvements, repairs, or
  6 25 alterations, or to add equipment, fixtures, or furnishings, by
  6 26 means of contracting with a service provider that guarantees
  6 27 energy or operational cost savings.
  6 28    The bill provides a definition of an energy conservation
  6 29 measure to be undertaken by a school district, which includes
  6 30 insulation, caulking or weather stripping, adding energy
  6 31 control systems, adding, modifying, or replacing heating,
  6 32 ventilating, or air conditioning systems, replacement or
  6 33 modification of lighting fixtures, adding energy recovery
  6 34 systems, or additional energy conservation measures that
  6 35 provide long-term operating cost reductions.  The bill
  7  1 provides that a school district which seeks to undertake one
  7  2 or more energy conservation measures can enter into a
  7  3 guaranteed energy savings contract with a qualified provider.
  7  4 The bill defines a guaranteed energy savings contract to
  7  5 include a contract with a qualified provider for the
  7  6 performance of energy audits and preliminary analyses, the
  7  7 evaluation, recommendation, and implementation of energy
  7  8 conservation measures, and postimplementation data collection
  7  9 and recordkeeping.  More than one school district can enter
  7 10 into a guaranteed energy savings contract with a qualified
  7 11 provider, if each school district adheres to the provisions in
  7 12 the bill.  The bill defines a qualified provider as a person
  7 13 or business which is experienced in the design,
  7 14 implementation, and installation of energy conservation
  7 15 measures, and which person or business submits a proposal to
  7 16 enter into a guaranteed energy savings contract with a school
  7 17 district.  The bill specifies procedures for public notice
  7 18 regarding a request for proposals from qualified providers,
  7 19 evaluation procedures and criteria regarding the requests
  7 20 submitted, and procedures regarding the awarding of a contract
  7 21 by the school district.
  7 22    The bill provides that a guaranteed energy savings contract
  7 23 shall contain a written guarantee from the qualified provider
  7 24 that the anticipated energy or operational cost savings to the
  7 25 school district will at least equal the cost of the energy
  7 26 conservation measures undertaken by the district within 10
  7 27 years, and that the provider agrees to reimburse the school
  7 28 district for any energy savings shortfall.  The provider is
  7 29 required to provide a bond to the school district for faithful
  7 30 performance of the contract.
  7 31    The bill provides that a school district may enter into an
  7 32 installment payment contract or lease-purchase agreement with
  7 33 a qualified provider for the purchase and installation of an
  7 34 energy conservation measure, if approved by the district board
  7 35 of directors, and may use funds from either its general fund
  8  1 or debt service fund for qualified provider payments.  The
  8  2 bill further provides that a school district is authorized to
  8  3 issue school bonds pursuant to Code section 298.21,
  8  4 subsections 2 and 3, and utilize energy savings resulting from
  8  5 implementation of the guaranteed energy savings contract for
  8  6 principal and interest repayment, and enter into energy loan
  8  7 fund financing arrangements with the department of natural
  8  8 resources pursuant to Code section 473.20.  The bill
  8  9 additionally provides that state aid payments to a school
  8 10 district pursuant to Code section 257.16, and other amounts
  8 11 available for distribution to or reimbursement of a school
  8 12 district, will not be reduced as a result of energy savings
  8 13 realized from a guaranteed energy savings contract,
  8 14 installment payment contract, or a lease-purchase agreement
  8 15 for the purchase and installation of energy conservation
  8 16 measures.
  8 17    The bill provides that community colleges organized and
  8 18 operating pursuant to Code chapter 260C may enter into
  8 19 guaranteed energy savings contracts to the same extent as
  8 20 school districts.  
  8 21 LSB 3492XC 77
  8 22 rn/jw/5
     

Text: SSB02083                          Text: SSB02085
Text: SSB02000 - SSB02099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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