Text: SSB02083 Text: SSB02085 Text: SSB02000 - SSB02099 Text: SSB 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 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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