Text: HSB00201 Text: HSB00203 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 297A.1 STATE POLICY. 1 2 The general assembly finds that investment in energy 1 3 conservation measures by educational facilities can reduce the 1 4 amount of energy consumed by the facilities and produce both 1 5 immediate and long-term cost savings. It is the policy of 1 6 this state to encourage school districts, area education 1 7 agencies, and community colleges to invest in energy 1 8 conservation measures that reduce energy consumption, produce 1 9 a cost savings, and improve the quality of indoor air, and 1 10 when economically feasible, to build, operate, maintain, or 1 11 renovate educational facilities in a manner which will 1 12 minimize energy consumption and maximize energy savings. It 1 13 is additionally the policy of this state to encourage 1 14 reinvestment of energy savings resulting from energy 1 15 conservation measures into additional and continued energy 1 16 conservation efforts. 1 17 Sec. 2. NEW SECTION. 297A.2 DEFINITIONS. 1 18 For the purposes of this chapter: 1 19 1. "Energy conservation measure" means a training program, 1 20 facility alteration, or equipment to be used in new 1 21 construction, including an addition to an existing facility, 1 22 that reduces energy costs and includes, but is not limited to, 1 23 the following: 1 24 a. Insulation of the facility structure or systems within 1 25 the facility. 1 26 b. Storm windows or doors, caulking or weather stripping, 1 27 multiglazed windows or doors, heat-absorbing or heat- 1 28 reflective glazed and coated window or door systems, 1 29 additional glazing, reductions in glass area, or other window 1 30 and door system modifications that reduce energy consumption. 1 31 c. Automated or computerized energy control systems. 1 32 d. Heating, ventilating, or air conditioning system 1 33 modifications or replacements. 1 34 e. Replacement or modification of lighting fixtures to 1 35 increase the energy efficiency of the lighting system which, 2 1 at a minimum, shall conform to the applicable state or local 2 2 building code. 2 3 f. Energy recovery systems. 2 4 g. Cogeneration systems that produce steam or forms of 2 5 energy such as heat, as well as electricity, for use primarily 2 6 within a facility or complex of facilities. 2 7 h. Renewable energy systems, such as solar, biomass, and 2 8 wind. 2 9 i. Devices which reduce water consumption or sewer 2 10 charges. 2 11 j. Any measure not otherwise defined that provides long- 2 12 term operating cost reductions and significantly reduces 2 13 energy consumption. 2 14 2. "Energy cost savings" means any of the following: 2 15 a. A measured reduction in fuel, energy, or operation and 2 16 maintenance costs created from the implementation of one or 2 17 more energy conservation measures when compared with an 2 18 established baseline for previous fuel, energy, or operation 2 19 and maintenance costs. 2 20 b. For new construction, a projected reduction in fuel, 2 21 energy, or operation and maintenance costs created from the 2 22 implementation of one or more energy conservation measures 2 23 when compared with the projected fuel, energy, or operation 2 24 and maintenance costs for equipment if the minimum standards 2 25 of the state uniform building code for public educational 2 26 facilities construction were implemented and verified by a 2 27 professional engineer licensed by the state. 2 28 3. "Energy performance-based contract" means a contract 2 29 for the evaluation, recommendation, and implementation of 2 30 energy conservation measures which includes, at a minimum all 2 31 of the following: 2 32 a. Performance of an energy audit, data collection, and 2 33 other related analyses preliminary to the undertaking of 2 34 energy conservation measures, and maintenance of project 2 35 monitoring and data collection to verify postinstallation 3 1 energy consumption and energy-related operating costs. 3 2 b. The design and installation of equipment to implement 3 3 one or more energy conservation measures, and, if applicable, 3 4 operation and maintenance of such measures. 3 5 c. The projected amount of any actual annual energy cost 3 6 savings. This amount must be projected to meet or exceed 3 7 total annual contract payments made by the school corporation 3 8 for the contract. 3 9 d. Financing charges to be incurred by the school 3 10 corporation over the life of the contract. 3 11 4. "Qualified provider" means a person or business whose 3 12 employees are experienced and trained in the design, 3 13 implementation, or installation of energy conservation 3 14 measures. The minimum training required for any such person 3 15 or employee under this chapter shall be the satisfactory 3 16 completion of at least forty hours of course instruction 3 17 dealing with energy conservation measures. 3 18 5. "School corporation" means a school district as 3 19 described in chapter 274, an area education agency as 3 20 established in chapter 273, or a community college as defined 3 21 in chapter 260C. 3 22 Sec. 3. NEW SECTION. 297A.3 REQUESTS FOR PROPOSALS 3 23 EVALUATION. 3 24 1. Prior to entering into an energy performance-based 3 25 contract as provided in section 297A.4, a school corporation 3 26 shall announce a request for proposals. A request for 3 27 proposals shall be announced through at least one public 3 28 notice appearing at least ten days before the proposal 3 29 submission date in a newspaper of general circulation 3 30 published in the area of the school corporation, by a school 3 31 corporation that will administer the program, requesting 3 32 innovative solutions and proposals for energy conservation 3 33 measures. Proposals submitted shall be sealed. The request 3 34 for proposals shall include all of the following: 3 35 a. Name and address of the school corporation. 4 1 b. Name, address, title, and telephone number of a contact 4 2 person for the school corporation. 4 3 c. Notice indicating that the school corporation is 4 4 requesting qualified providers to propose energy conservation 4 5 measures to be provided pursuant to an energy performance- 4 6 based contract. 4 7 d. Date, time, and place where proposals must be received. 4 8 e. Evaluation criteria for assessing the proposals. 4 9 f. Any other stipulations and clarifications the school 4 10 corporation may require. 4 11 2. The school corporation shall evaluate any sealed 4 12 proposal from a qualified provider. Sealed proposals shall be 4 13 opened by a designated member or employee or governing body of 4 14 the school corporation at a public meeting during which the 4 15 contents of the proposals shall be announced. Each person or 4 16 entity submitting a sealed proposal must receive at least ten 4 17 days' notice of the time and place of the public meeting, 4 18 published pursuant to the procedure specified in this section. 4 19 The school corporation shall analyze the estimates of all 4 20 costs of installations, modifications, and remodeling, 4 21 including, without limitation, costs of a preinstallation 4 22 energy audit or analysis, design, engineering, installation, 4 23 maintenance, repairs, debt service, conversions to a different 4 24 energy or fuel source, and postinstallation project 4 25 monitoring, data collection, and reporting. The evaluation 4 26 shall include a detailed analysis of whether the energy 4 27 consumed or the operating costs, or both, will be reduced, and 4 28 shall be reviewed by either the department of education or the 4 29 department of natural resources, or verified by a licensed 4 30 professional engineer. 4 31 Sec. 4. NEW SECTION. 297A.4 AWARD OF GUARANTEED ENERGY 4 32 COST SAVINGS CONTRACT. 4 33 A school corporation shall select the qualified provider 4 34 that best meets the needs of the school corporation. After 4 35 completing its evaluation of the proposals received pursuant 5 1 to section 297A.3, the school corporation shall provide public 5 2 notice of the meeting at which it proposes to award a 5 3 guaranteed energy cost savings contract. The notice shall 5 4 contain the names of the parties to the proposed contract and 5 5 the purpose of the contract. The public notice shall be 5 6 published at least ten days prior to the meeting, pursuant to 5 7 the procedure specified in section 297A.3. A school 5 8 corporation may enter into a guaranteed energy cost savings 5 9 contract with a qualified provider if it finds after 5 10 evaluating the proposal pursuant to section 297A.3 that the 5 11 amount it would spend on the energy conservation measures 5 12 recommended in the proposal would not exceed the amount to be 5 13 saved in either energy or operational costs, or both, within a 5 14 twenty-year period from the date of installation or 5 15 modification, based on life-cycle costing calculations, if the 5 16 recommendations in the proposal are followed. 5 17 Sec. 5. NEW SECTION. 297A.5 QUALIFIED PROVIDER 5 18 GUARANTEE. 5 19 The guaranteed energy cost savings contract shall include a 5 20 written guarantee of the qualified provider that either the 5 21 anticipated energy or operational cost savings, or both, will 5 22 meet or exceed within twenty years the costs of the energy 5 23 conservation measures. The qualified provider shall reimburse 5 24 the school corporation for any shortfall of guaranteed energy 5 25 cost savings projected in the contract. A qualified provider 5 26 shall provide to the school corporation a one hundred percent 5 27 public construction bond for the installation and the faithful 5 28 performance of all the measures included in the contract and 5 29 for guaranteed savings for the length of the contract. The 5 30 guaranteed energy cost savings contract may provide for 5 31 payments over a period of time, not to exceed twenty years. 5 32 Sec. 6. NEW SECTION. 297A.6 PAYMENT PROVISIONS. 5 33 1. A school corporation may enter into an installment 5 34 payment contract or lease-purchase agreement with a qualified 5 35 provider for the purchase and installation of energy 6 1 conservation measures, if a motion on such a contract or 6 2 agreement is adopted by the governing body of the school 6 3 corporation. The contract shall provide for payments of not 6 4 less than one-twentieth of the price to be paid for purchase 6 5 and installation within two years from the date of the 6 6 complete installation and acceptance by the school 6 7 corporation, and the remaining costs shall be paid at least 6 8 quarterly, not to exceed a twenty-year duration based on life- 6 9 cycle costing calculations. 6 10 2. Energy performance-based contracts may extend beyond 6 11 the fiscal year in which they become effective, and may be 6 12 automatically renewed annually for up to twenty years, subject 6 13 to annual appropriations from the governing body of the school 6 14 corporation based upon continued realized energy cost savings. 6 15 An energy performance-based contract shall stipulate that the 6 16 agreement does not constitute a debt, liability, or obligation 6 17 on the part of the state, or a school corporation facing an 6 18 annual energy cost savings shortfall as provided in section 6 19 297A.5. 6 20 3. The contract shall include a guarantee by the qualified 6 21 provider that annual energy cost savings will meet or exceed 6 22 the amortized cost of energy conservation measures. The 6 23 qualified provider shall provide to the school corporation an 6 24 annual reconciliation of the guaranteed energy cost savings, 6 25 and shall be liable for any annual energy cost savings 6 26 shortfall that may occur as provided in section 297A.5. 6 27 EXPLANATION 6 28 This bill provides for the creation of a school energy 6 29 conservation program designed to facilitate the ability of 6 30 school corporations to undertake energy conservation measures 6 31 involving training programs, school facility improvements or 6 32 alterations, or new construction or additions, by means of 6 33 contracting with a service provider that guarantees energy or 6 34 operational cost savings. 6 35 The bill provides a definition of an energy conservation 7 1 measure to be undertaken by a school corporation, which 7 2 includes insulation, caulking or weather stripping, adding 7 3 energy control systems, adding, modifying, or replacing 7 4 heating, ventilating, or air conditioning systems, replacement 7 5 or modification of lighting fixtures, adding energy recovery 7 6 systems, cogeneration systems, renewable energy systems, 7 7 devices which reduce water consumption or sewer charges, or 7 8 additional energy conservation measures that provide long-term 7 9 operating cost reductions. The bill provides that a school 7 10 corporation which seeks to undertake one or more energy 7 11 conservation measures can enter into a guaranteed energy cost 7 12 savings contract with a qualified provider. The bill defines 7 13 a guaranteed energy cost savings contract to include a 7 14 contract with a qualified provider for the performance of 7 15 energy audits and preliminary analyses, the evaluation, 7 16 recommendation, and implementation of energy conservation 7 17 measures, and postimplementation data collection and 7 18 recordkeeping. The bill defines a qualified provider as a 7 19 person or business which is experienced in the design, 7 20 implementation, and installation of energy conservation 7 21 measures, and which person or business submits a proposal to 7 22 enter into a guaranteed energy cost savings contract with a 7 23 school corporation. The bill specifies procedures for public 7 24 notice regarding a request for proposals from qualified 7 25 providers, evaluation procedures and criteria regarding the 7 26 proposals submitted, and procedures regarding the awarding of 7 27 a contract by the school corporation. The bill defines 7 28 "school corporation" as a school district, an area education 7 29 agency, or a community college. 7 30 The bill provides that a guaranteed energy cost savings 7 31 contract shall contain a written guarantee from the qualified 7 32 provider that the anticipated energy or operational cost 7 33 savings to the school corporation will at least equal the cost 7 34 of the energy conservation measures undertaken by the school 7 35 corporation within 20 years, and that the provider agrees to 8 1 reimburse the school corporation for any energy cost savings 8 2 shortfall. The provider is required to provide a bond to the 8 3 school corporation for faithful performance of the contract. 8 4 The contract shall provide for payment of not less than 8 5 one-twentieth of the purchase and installation price within 8 6 two years from original installation, with quarterly payments 8 7 thereafter for up to 20 years' total duration. 8 8 The bill provides that the contract may extend beyond the 8 9 fiscal year in which it becomes effective and may be 8 10 automatically renewed annually for up to 20 years, subject to 8 11 annual appropriations from the governing body of the school 8 12 corporation based upon continued realized energy cost savings. 8 13 The bill provides that the contract shall stipulate that the 8 14 agreement does not constitute a debt, liability, or obligation 8 15 on the part of the state, or a school corporation experiencing 8 16 an energy cost savings shortfall, and include a guarantee by 8 17 the qualified provider that annual energy cost savings will 8 18 meet or exceed the amortized cost of energy conservation 8 19 measures. The bill provides that the qualified provider shall 8 20 provide to the school corporation an annual reconciliation of 8 21 the guaranteed energy cost savings, and shall be liable for 8 22 any annual shortfall which may occur. 8 23 LSB 3145HC 79 8 24 rn/cf/24
Text: HSB00201 Text: HSB00203 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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