Text: HSB00213 Text: HSB00215 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 2636YC 79
8 24 rn/cf/24
Text: HSB00213 Text: HSB00215 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
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