Text: SSB01188 Text: SSB01190 Text: SSB01100 - SSB01199 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 corporation, or any equipment, fixture,
1 6 or 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
2 11 corporation may enter into a guaranteed energy savings
2 12 contract provided that each school corporation complies with
2 13 the provisions of this 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 5. "School corporation" means a school district as
2 23 described in chapter 274, an area education agency as
2 24 established in chapter 273, or a "community college" as
2 25 defined in chapter 260C.
2 26 Sec. 2. NEW SECTION. 297A.2 REQUESTS FOR PROPOSALS –
2 27 EVALUATION.
2 28 1. Prior to entering into a guaranteed energy savings
2 29 contract as provided in section 297A.3, a school corporation
2 30 shall announce a request for proposals. A request for
2 31 proposals shall be announced through at least one public
2 32 notice appearing at least ten days before the request date in
2 33 a newspaper of general circulation published in the area of
2 34 the school corporation, by a school corporation that will
2 35 administer the program, requesting innovative solutions and
3 1 proposals for energy conservation measures. Proposals
3 2 submitted shall be sealed. The request for proposals shall
3 3 include all of the following:
3 4 a. Name and address of the school corporation.
3 5 b. Name, address, title, and phone number of a contact
3 6 person for the school corporation.
3 7 c. Notice indicating that the school corporation is
3 8 requesting qualified providers to propose energy conservation
3 9 measures through a guaranteed energy savings contract.
3 10 d. Date, time, and place where proposals must be received.
3 11 e. Evaluation criteria for assessing the proposals.
3 12 f. Any other stipulations and clarifications the school
3 13 corporation may require.
3 14 2. The school corporation shall evaluate any sealed
3 15 proposal from a qualified provider. Sealed proposals shall be
3 16 opened by a designated member or employee or governing body of
3 17 the school corporation at a public meeting during which the
3 18 contents of the proposals shall be announced. Each person or
3 19 entity submitting a sealed proposal must receive at least ten
3 20 days' notice of the time and place of the public meeting,
3 21 published pursuant to the procedure specified in this section.
3 22 The school corporation shall analyze the estimates of all
3 23 costs of installations, modifications, and remodeling,
3 24 including, without limitation, costs of a preinstallation
3 25 energy audit or analysis, design, engineering, installation,
3 26 maintenance, repairs, debt service, conversions to a different
3 27 energy or fuel source, and postinstallation project
3 28 monitoring, data collection, and reporting. The evaluation
3 29 shall include a detailed analysis of whether the energy
3 30 consumed or the operating costs, or both, will be reduced. If
3 31 technical expertise is not available on the school corporation
3 32 staff, then the evaluation of the proposal may be done by a
3 33 registered professional engineer or architect who is retained
3 34 by the school corporation. The school corporation may pay a
3 35 reasonable fee for evaluation of the proposal or include the
4 1 fee as part of the payments made under section 297A.4.
4 2 Sec. 3. NEW SECTION. 297A.3 AWARD OF GUARANTEED ENERGY
4 3 SAVINGS CONTRACT.
4 4 A school corporation shall select the qualified provider
4 5 that best meets the needs of the school corporation. After
4 6 completing its evaluation of the proposals received pursuant
4 7 to section 297A.2, the school corporation shall provide public
4 8 notice of the meeting at which it proposes to award a
4 9 guaranteed energy savings contract. The notice shall contain
4 10 the names of the parties to the proposed contract and the
4 11 purpose of the contract. The public notice shall be published
4 12 at least ten days prior to the meeting, pursuant to the
4 13 procedure specified in section 297A.2. A school corporation
4 14 may enter into a guaranteed energy savings contract with a
4 15 qualified provider if it finds after evaluating the proposal
4 16 pursuant to section 297A.2 that the amount it would spend on
4 17 the energy conservation measures recommended in the proposal
4 18 would not exceed the amount to be saved in either energy or
4 19 operational costs, or both, within a ten-year period from the
4 20 date of installation or modification, if the recommendations
4 21 in the proposal are followed.
4 22 Sec. 4. NEW SECTION. 297A.4 QUALIFIED PROVIDER
4 23 GUARANTEE.
4 24 The guaranteed energy savings contract shall include a
4 25 written guarantee of the qualified provider that either the
4 26 anticipated energy or operational cost savings, or both, will
4 27 meet or exceed within ten years the costs of the energy
4 28 conservation measures. The qualified provider shall reimburse
4 29 the school corporation for any shortfall of guaranteed energy
4 30 savings projected in the contract. A qualified provider shall
4 31 provide a sufficient bond to the school corporation for the
4 32 installation and the faithful performance of all the measures
4 33 included in the contract. The guaranteed energy savings
4 34 contract may provide for payments over a period of time, not
4 35 to exceed ten years.
5 1 Sec. 5. NEW SECTION. 297A.5 PAYMENT PROVISIONS.
5 2 A school corporation may enter into an installment payment
5 3 contract or lease-purchase agreement with a qualified provider
5 4 for the purchase and installation of energy conservation
5 5 measures, if a motion on such contract or agreement is adopted
5 6 by the governing body of the school corporation, and may issue
5 7 certificates evidencing the indebtedness incurred pursuant to
5 8 the contracts or agreements. A guaranteed energy savings
5 9 contract may extend beyond the fiscal year in which it becomes
5 10 effective, and amounts remaining payable thereunder shall be
5 11 included in the school corporation's annual budget for each
5 12 subsequent fiscal year.
5 13 Sec. 6. NEW SECTION. 297A.6 OPERATIONAL AND ENERGY COST
5 14 SAVINGS.
5 15 A school corporation shall document the operational and
5 16 energy cost savings specified in the guaranteed energy savings
5 17 contract and designate and appropriate that amount for an
5 18 annual payment of the contract. If that annual energy savings
5 19 is less than projected under the guaranteed energy savings
5 20 contract, the qualified provider shall pay the difference as
5 21 provided in section 297A.4.
5 22 Sec. 7. NEW SECTION. 297A.7 SCHOOL DISTRICT FUNDING.
5 23 1. A school district may use funds from either its general
5 24 fund or debt service fund to repay obligations relating to a
5 25 guaranteed energy savings contract, including purchases using
5 26 installment payment contracts or lease-purchase agreements.
5 27 2. For the purpose of paying obligations incurred pursuant
5 28 to a guaranteed energy savings contract, a school district is
5 29 authorized to:
5 30 a. Issue negotiable, interest-bearing school bonds,
5 31 pursuant to section 298.21, subsections 2 and 3, and utilize
5 32 energy savings resulting from implementation of the guaranteed
5 33 energy savings contract for principal and interest repayment.
5 34 The provisions of sections 298.22 through 298.24 shall apply
5 35 regarding the form, rate of interest, registration,
6 1 redemption, and recording of bond issues pursuant to this
6 2 subsection, with the exception that the maximum period during
6 3 which principal on the bonds is payable shall not exceed a
6 4 ten-year period.
6 5 b. Enter into energy loan fund financing arrangements with
6 6 the department of natural resources pursuant to section
6 7 473.20. For the purposes of this paragraph, the requirement
6 8 in section 473.20, subsection 1, that loans shall not be made
6 9 for energy conservation measures that require more than an
6 10 average of six years to recoup costs shall not apply.
6 11 c. Borrow money and enter into loan agreements with a
6 12 bank, investment banker, trust company, or other third-party
6 13 lender, and utilize energy savings resulting from
6 14 implementation of the guaranteed energy savings contract for
6 15 principal and interest repayment. The maturation date of the
6 16 loan shall not exceed the duration of the guaranteed energy
6 17 savings contract, and the loan shall bear interest at a rate
6 18 which does not exceed the limits under chapter 74A. A loan
6 19 agreement entered into pursuant to this section shall be in a
6 20 form as the board of directors shall approve by resolution.
6 21 3. State aid payments to a school district pursuant to
6 22 section 257.16, and other amounts available for distribution
6 23 to or reimbursement of a school district, shall not be reduced
6 24 as a result of energy savings realized from a guaranteed
6 25 energy savings contract, installment payment contract, or a
6 26 lease-purchase agreement for the purchase and installation of
6 27 energy conservation measures.
6 28 EXPLANATION
6 29 This bill provides for the creation of a school energy
6 30 conservation program designed to facilitate the ability of
6 31 school corporations to undertake energy conservation measures
6 32 involving school building improvements, repairs, or
6 33 alterations, or to add equipment, fixtures, or furnishings, by
6 34 means of contracting with a service provider that guarantees
6 35 energy or operational cost savings.
7 1 The bill provides a definition of an energy conservation
7 2 measure to be undertaken by a school corporation, which
7 3 includes insulation, caulking or weather stripping, adding
7 4 energy control systems, adding, modifying, or replacing
7 5 heating, ventilating, or air conditioning systems, replacement
7 6 or modification of lighting fixtures, adding energy recovery
7 7 systems, or additional energy conservation measures that
7 8 provide long-term operating cost reductions. The bill
7 9 provides that a school corporation which seeks to undertake
7 10 one or more energy conservation measures can enter into a
7 11 guaranteed energy savings contract with a qualified provider.
7 12 The bill defines a guaranteed energy savings contract to
7 13 include a contract with a qualified provider for the
7 14 performance of energy audits and preliminary analyses, the
7 15 evaluation, recommendation, and implementation of energy
7 16 conservation measures, and postimplementation data collection
7 17 and recordkeeping. More than one school corporation can enter
7 18 into a guaranteed energy savings contract with a qualified
7 19 provider, if each school corporation adheres to the provisions
7 20 in the bill. The bill defines a qualified provider as a
7 21 person or business which is experienced in the design,
7 22 implementation, and installation of energy conservation
7 23 measures, and which person or business submits a proposal to
7 24 enter into a guaranteed energy savings contract with a school
7 25 corporation. The bill specifies procedures for public notice
7 26 regarding a request for proposals from qualified providers,
7 27 evaluation procedures and criteria regarding the requests
7 28 submitted, and procedures regarding the awarding of a contract
7 29 by the school corporation. The bill defines "school
7 30 corporation" as a school district, an area education agency,
7 31 or a community college.
7 32 The bill provides that a guaranteed energy savings contract
7 33 shall contain a written guarantee from the qualified provider
7 34 that the anticipated energy or operational cost savings to the
7 35 school corporation will at least equal the cost of the energy
8 1 conservation measures undertaken by the school corporation
8 2 within 10 years, and that the provider agrees to reimburse the
8 3 school corporation for any energy savings shortfall. The
8 4 provider is required to provide a bond to the school
8 5 corporation for faithful performance of the contract.
8 6 The bill provides that a school corporation may enter into
8 7 an installment payment contract or lease-purchase agreement
8 8 with a qualified provider for the purchase and installation of
8 9 an energy conservation measure, if approved by the governing
8 10 body of a school corporation. The bill provides that a school
8 11 district may use funds from either its general fund or debt
8 12 service fund for qualified provider payments. The bill
8 13 further provides that a school district is authorized to issue
8 14 school bonds pursuant to Code section 298.21, subsections 2
8 15 and 3, and obtain third-party financing, and utilize energy
8 16 savings resulting from implementation of the guaranteed energy
8 17 savings contract for principal and interest repayment, and
8 18 enter into energy loan fund financing arrangements with the
8 19 department of natural resources pursuant to Code section
8 20 473.20. The bill additionally provides that state aid
8 21 payments to a school district pursuant to Code section 257.16,
8 22 and other amounts available for distribution to or
8 23 reimbursement of a school district, will not be reduced as a
8 24 result of energy savings realized from a guaranteed energy
8 25 savings contract, installment payment contract, or a lease-
8 26 purchase agreement for the purchase and installation of energy
8 27 conservation measures.
8 28 LSB 2541SC 79
8 29 rn/pj/5
Text: SSB01188 Text: SSB01190 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
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