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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 3. "Qualified provider" means a person or business whose
2 7 employees are experienced in the design, implementation, or
2 8 installation of energy conservation measures and have
2 9 satisfactorily completed at least forty hours of course
2 10 instruction dealing with energy conservation measures.
2 11 4. "Request for proposals" means a negotiated procurement.
2 12 Sec. 2. NEW SECTION. 297A.2 EVALUATION OF PROPOSALS.
2 13 1. Prior to entering into a guaranteed energy savings
2 14 contract as provided in section 297A.3, a school district
2 15 shall announce a request for proposals, and shall evaluate any
2 16 sealed proposal from a qualified provider. A request for
2 17 proposals shall be announced through at least one public
2 18 notice appearing at least ten days before the request date in
2 19 a newspaper of general circulation published in the school
2 20 district, or if no newspaper is published in the school
2 21 district, in a newspaper of general circulation in the area of
2 22 the district, from a school district that will administer the
2 23 program, requesting innovative solutions and proposals for
2 24 energy conservation measures. Proposals submitted shall be
2 25 sealed. The request for proposals shall include all of the
2 26 following:
2 27 a. Name and address of the school district.
2 28 b. Name, address, title, and telephone number of a contact
2 29 person for the school district.
2 30 c. Notice indicating that the school district is
2 31 requesting qualified providers to propose energy conservation
2 32 measures through a guaranteed energy savings contract.
2 33 d. Date, time, and place where proposals must be received.
2 34 e. Evaluation criteria for assessing the proposals.
2 35 f. Any other stipulations and clarifications the school
3 1 district may require.
3 2 The provisions of this chapter applying to school districts
3 3 shall also apply to community colleges organized and operated
3 4 pursuant to the provisions of chapter 260C.
3 5 2. The school district shall evaluate any sealed proposal
3 6 from a qualified provider. Sealed proposals shall be opened
3 7 by a designated member or employee of the school board at a
3 8 public meeting during which the contents of the proposals
3 9 shall be announced. The evaluation shall analyze the
3 10 estimates of all costs of installations, modifications, and
3 11 remodeling, including, without limitation, costs of a
3 12 preinstallation energy audit or analysis, design, engineering,
3 13 installation, maintenance, repairs, debt service, conversions
3 14 to a different energy or fuel source, and postinstallation
3 15 project monitoring, data collection, and reporting. The
3 16 evaluation shall include a detailed analysis of whether the
3 17 energy consumed or the operating costs, or both, will be
3 18 reduced. If technical expertise is not available on the
3 19 school district staff, the evaluation of the proposal may be
3 20 performed by a registered professional engineer or architect
3 21 retained by the school district. The school district may pay
3 22 a reasonable fee for evaluation of the proposal or include the
3 23 fee as part of the payments made under section 297A.5.
3 24 Sec. 3. NEW SECTION. 297A.3 AWARD OF GUARANTEED ENERGY
3 25 SAVINGS CONTRACT.
3 26 A school district shall select the qualified provider that
3 27 best meets the needs of the district. After completing its
3 28 evaluation of the proposals received pursuant to section
3 29 297A.2, the school district shall provide public notice of the
3 30 meeting at which it proposes to award a guaranteed energy
3 31 savings contract. The notice shall contain the names of the
3 32 parties to the proposed contract and the purpose of the
3 33 contract. The public notice shall be published at least ten
3 34 days prior to the meeting, pursuant to the procedure specified
3 35 in section 297A.2, subsection 1. A school district may enter
4 1 into a guaranteed energy savings contract with a qualified
4 2 provider if it finds after evaluating the proposal pursuant to
4 3 section 297A.2, subsection 2, that the amount it would spend
4 4 on the energy conservation measures recommended in the
4 5 proposal would not exceed the amount to be saved in either
4 6 energy or operational costs, or both, within a ten-year period
4 7 from the date of installation or modification, if the
4 8 recommendations in the proposal are followed.
4 9 A guaranteed energy savings contract shall provide that all
4 10 payments, except obligations resulting from termination of the
4 11 contract before its expiration, are to be made over time and
4 12 that the savings are guaranteed to the extent necessary to pay
4 13 the costs of the energy conservation measures. More than one
4 14 school district may enter into a guaranteed energy savings
4 15 contract provided that each school district complies with the
4 16 provisions of this chapter.
4 17 Sec. 4. NEW SECTION. 297A.4 QUALIFIED PROVIDER
4 18 GUARANTEE.
4 19 The guaranteed energy savings contract shall include a
4 20 written guarantee of the qualified provider that either the
4 21 anticipated energy or operational cost savings, or both, will
4 22 meet or exceed within ten years the costs of the energy
4 23 conservation measures. The qualified provider shall reimburse
4 24 the school district for any shortfall of guaranteed energy
4 25 savings projected in the contract. A qualified provider shall
4 26 provide a sufficient bond to the school district for the
4 27 installation and the faithful performance of all the measures
4 28 included in the contract. The guaranteed energy savings
4 29 contract may provide for payments over a period of time, not
4 30 to exceed ten years.
4 31 Sec. 5. NEW SECTION. 297A.5 PAYMENT PROVISIONS.
4 32 A school district may enter into an installment payment
4 33 contract or lease-purchase agreement with a qualified provider
4 34 for the purchase and installation of energy conservation
4 35 measures pursuant to a guaranteed energy savings contract, as
5 1 defined in section 297A.1, subsection 2, if a motion on such
5 2 contract or agreement is adopted by the board of directors,
5 3 and may issue certificates evidencing the indebtedness
5 4 incurred pursuant to the contracts or agreements. A
5 5 guaranteed energy savings contract may extend beyond the
5 6 fiscal year in which it becomes effective, and amounts
5 7 remaining payable thereunder shall be included in the school
5 8 district's annual school budget for each subsequent fiscal
5 9 year.
5 10 Sec. 6. NEW SECTION. 297A.6 OPERATIONAL AND ENERGY COST
5 11 SAVINGS.
5 12 A school district shall document the operational and energy
5 13 cost savings specified in the guaranteed energy savings
5 14 contract and designate and appropriate that amount for an
5 15 annual payment of the contract. If the annual energy savings
5 16 are less than projected under the guaranteed energy savings
5 17 contract, the qualified provider shall pay the difference as
5 18 provided in section 297A.4.
5 19 Sec. 7. NEW SECTION. 297A.7 FUNDING.
5 20 1. A school district may use funds from either its general
5 21 fund or debt service fund to repay obligations relating to a
5 22 guaranteed energy savings contract, including purchases using
5 23 installment payment contracts or lease-purchase agreements.
5 24 2. For the purpose of paying obligations incurred pursuant
5 25 to a guaranteed energy savings contract, a school district is
5 26 authorized to:
5 27 a. Issue negotiable, interest-bearing school bonds,
5 28 pursuant to section 298.21, subsections 2 and 3, and utilize
5 29 energy savings resulting from implementation of the guaranteed
5 30 energy savings contract for principal and interest repayment.
5 31 The provisions of sections 298.22 through 298.24 shall apply
5 32 regarding the form, rate of interest, registration,
5 33 redemption, and recording of bond issues pursuant to this
5 34 subsection, with the exception that the maximum period during
5 35 which principal on the bonds is payable shall not exceed a
6 1 ten-year period.
6 2 b. Enter into energy loan fund financing arrangements with
6 3 the department of natural resources pursuant to section
6 4 473.20. For the purposes of this paragraph, the requirement
6 5 in section 473.20, subsection 1, that loans shall not be made
6 6 for energy conservation measures that require more than an
6 7 average of six years to recoup costs shall not apply.
6 8 3. State aid payments to a school district pursuant to
6 9 section 257.16, and other amounts available for distribution
6 10 to or reimbursement of a school district, shall not be reduced
6 11 as a result of energy savings realized from a guaranteed
6 12 energy savings contract, installment payment contract, or a
6 13 lease-purchase agreement for the purchase and installation of
6 14 energy conservation measures.
6 15 EXPLANATION
6 16 This bill provides for the creation of a school energy
6 17 conservation program designed to facilitate the ability of
6 18 school districts to undertake energy conservation measures
6 19 involving school building improvements, repairs, or
6 20 alterations, or to add equipment, fixtures, or furnishings, by
6 21 means of contracting with a service provider that guarantees
6 22 energy or operational cost savings.
6 23 The bill provides a definition of an energy conservation
6 24 measure to be undertaken by a school district, which includes
6 25 insulation, caulking or weather stripping, adding energy
6 26 control systems, adding, modifying, or replacing heating,
6 27 ventilating, or air conditioning systems, replacement or
6 28 modification of lighting fixtures, adding energy recovery
6 29 systems, or additional energy conservation measures that
6 30 provide long-term operating cost reductions. The bill
6 31 provides that a school district which seeks to undertake one
6 32 or more energy conservation measures can enter into a
6 33 guaranteed energy savings contract with a qualified provider.
6 34 The bill defines a guaranteed energy savings contract to
6 35 include a contract with a qualified provider for the
7 1 performance of energy audits and preliminary analyses, the
7 2 evaluation, recommendation, and implementation of energy
7 3 conservation measures, and postimplementation data collection
7 4 and recordkeeping. The bill defines a qualified provider as a
7 5 person or business which is experienced in the design,
7 6 implementation, and installation of energy conservation
7 7 measures, and which person or business submits a proposal to
7 8 enter into a guaranteed energy savings contract with a school
7 9 district.
7 10 The bill specifies procedures for public notice regarding a
7 11 request for proposals from qualified providers, evaluation
7 12 procedures and criteria regarding the requests submitted, and
7 13 procedures regarding the awarding of a contract by the school
7 14 district. More than one school district can enter into a
7 15 guaranteed energy savings contract with a qualified provider,
7 16 if each school district adheres to the provisions in the bill.
7 17 The bill provides that a guaranteed energy savings contract
7 18 shall contain a written guarantee from the qualified provider
7 19 that the anticipated energy or operational cost savings to the
7 20 school district will at least equal the cost of the energy
7 21 conservation measures undertaken by the district within 10
7 22 years, and that the provider agrees to reimburse the school
7 23 district for any energy savings shortfall. The provider is
7 24 required to provide a bond to the school district for faithful
7 25 performance of the contract.
7 26 The bill provides that a school district may enter into an
7 27 installment payment contract or lease-purchase agreement with
7 28 a qualified provider for the purchase and installation of an
7 29 energy conservation measure, if approved by the district board
7 30 of directors, and may use funds from either its general fund
7 31 or debt service fund for qualified provider payments. The
7 32 bill further provides that a school district is authorized to
7 33 issue school bonds pursuant to Code section 298.21,
7 34 subsections 2 and 3, and utilize energy savings resulting from
7 35 implementation of the guaranteed energy savings contract for
8 1 principal and interest repayment, and enter into energy loan
8 2 fund financing arrangements with the department of natural
8 3 resources pursuant to Code section 473.20. The bill
8 4 additionally provides that state aid payments to a school
8 5 district pursuant to Code section 257.16, and other amounts
8 6 available for distribution to or reimbursement of a school
8 7 district, will not be reduced as a result of energy savings
8 8 realized from a guaranteed energy savings contract,
8 9 installment payment contract, or a lease-purchase agreement
8 10 for the purchase and installation of energy conservation
8 11 measures.
8 12 The bill provides that community colleges organized and
8 13 operating pursuant to Code chapter 260C may enter into
8 14 guaranteed energy savings contracts to the same extent as
8 15 school districts.
8 16 LSB 1039SS 78
8 17 rn/jw/5.1
Text: SF00017 Text: SF00019 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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