Illinois Compiled Statutes
105 ILCS 5/ - School Code.
Article 19b - School Energy Conservation And Saving Measures

(105 ILCS 5/Art. 19b heading)

 
(105 ILCS 5/19b-1) (from Ch. 122, par. 19b-1)
Sec. 19b-1.
Definitions.
In this Article words and phrases have the
meanings set forth in the following Sections preceding Section 19b-2.

(Source: P.A. 87-1106.)
 
(105 ILCS 5/19b-1.05)
Sec. 19b-1.05.
Area vocational center.
"Area vocational center" means an
area vocational center created by joint agreement between school districts.

(Source: P.A. 92-767, eff. 8-6-02.)
 
(105 ILCS 5/19b-1.1) (from Ch. 122, par. 19b-1.1)
Sec. 19b-1.1. Energy conservation measure. "Energy conservation
measure" means any improvement, repair, alteration, or betterment of any
building or facility owned or operated by a school district or area
vocational center or any
equipment, fixture, or furnishing to be added to or used in any
such building or facility, subject to the building code authorized in Section 2-3.12 of this Code,
that is designed to reduce
energy consumption or operating costs, and may include, without limitation,
one or more of the following:
(Source: P.A. 95-612, eff. 9-11-07.)
 
(105 ILCS 5/19b-1.2) (from Ch. 122, par. 19b-1.2)
Sec. 19b-1.2. Guaranteed energy savings contract. "Guaranteed energy
savings contract" means a contract for: (i) the implementation of an
energy audit, data collection, and other related analyses preliminary to
the undertaking of energy conservation measures; (ii) the evaluation and
recommendation of
energy conservation measures; (iii) the implementation of one or more
energy conservation measures; and (iv) the implementation of project
monitoring and data collection to verify post-installation energy
consumption and energy-related operating costs. The contract shall provide
that all payments, except
obligations on termination of the contract before its expiration, are to be
made over time and that the savings are guaranteed to the extent necessary
to pay the costs of
the energy conservation measures. Energy saving may include energy reduction and offsetting sources of renewable energy funds including renewable energy credits and carbon credits.

(Source: P.A. 96-1197, eff. 7-22-10.)
 
(105 ILCS 5/19b-1.3) (from Ch. 122, par. 19b-1.3)
Sec. 19b-1.3.
Qualified provider.
"Qualified provider" means a person
or business whose employees are experienced and trained in the design,
implementation, or installation of
energy conservation measures. The minimum training required for any person
or employee under this Section shall be the satisfactory completion of at
least 40 hours of course instruction dealing with energy conservation
measures. A qualified provider to whom the contract is
awarded shall give a sufficient bond to the school district or area
vocational center for its
faithful performance.

(Source: P.A. 92-767, eff. 8-6-02.)
 
(105 ILCS 5/19b-1.4) (from Ch. 122, par. 19b-1.4)
Sec. 19b-1.4. Request for proposals. "Request for proposals" means a
competitive selection achieved by
negotiated procurement. The request for proposals shall be submitted to the administrators of the Capital Development Board Procurement Bulletin for publication and
through at least one public notice, at least 30 days before the request
date in a newspaper published in the district or vocational center area, or
if no newspaper is
published in the district or vocational center area, in a newspaper of
general
circulation in the
area of the district or vocational center, from a school district or area
vocational center that will administer the
program, requesting innovative solutions and proposals for energy
conservation measures. Proposals submitted shall be sealed. The request
for proposals shall include all of the following:
(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
 
(105 ILCS 5/19b-2) (from Ch. 122, par. 19b-2)
Sec. 19b-2. Evaluation of proposal. Before entering into a guaranteed
energy savings contract under Section 19b-3, a school district or area
vocational center shall submit
a request for proposals. The school district or area vocational center
shall evaluate any sealed
proposal from a qualified provider. The evaluation shall analyze the estimates
of all costs of installations, modifications or remodeling, including, without
limitation, costs of a pre-installation energy audit or analysis, design,
engineering, installation, maintenance, repairs, debt
service, conversions to a different energy or fuel source, or
post-installation project monitoring, data collection, and reporting. The
evaluation shall include a detailed analysis of whether either the energy
consumed or the operating costs, or both, will be reduced. If technical
assistance is not available by a licensed architect or registered
professional engineer on the school district or area vocational center
staff, then the evaluation of
the proposal shall be done by a registered professional engineer or
architect, who is retained by the school district or area vocational
center. A licensed architect or registered professional engineer evaluating a proposal under this Section must not have any financial or contractual relationship with a qualified provider or other source that would constitute a conflict of interest. The school district or area vocational center may
pay a reasonable fee for evaluation of the proposal or include the fee as
part of the payments made under Section 19b-4.

(Source: P.A. 95-612, eff. 9-11-07.)
 
(105 ILCS 5/19b-3) (from Ch. 122, par. 19b-3)
Sec. 19b-3. Award of guaranteed energy savings contract. Sealed
proposals must be opened by a member or employee of the school board or
governing board of the area vocational center, whichever is applicable, at a
public opening at which the contents of the proposals must be announced.
Each person or entity submitting a sealed proposal must receive at least 13
days notice of the time and place of the opening. The school
district or area vocational center shall select the qualified provider that
best meets the needs of
the district or area vocational center. The school district or area
vocational center shall provide public notice of the
meeting at which it proposes to award a guaranteed energy savings contract
of the names of the parties to the proposed contract and of the purpose of
the contract. The public notice shall be made at least 10 days prior to
the meeting. After evaluating the proposals under Section 19b-2, a school
district or area vocational center may enter into a guaranteed energy
savings contract with a
qualified provider if it finds that the amount it would spend on the energy
conservation measures recommended in the proposal would not exceed the
amount to be saved in either energy or operational costs, or both, within a
20-year period from the date of installation, if the
recommendations in
the proposal are followed. Contracts let or awarded must be submitted to the administrators of the Capital Development Board Procurement Bulletin for publication.


(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
 
(105 ILCS 5/19b-4) (from Ch. 122, par. 19b-4)
Sec. 19b-4.
Guarantee.
The guaranteed energy savings contract shall
include a written guarantee of the qualified provider that either the
energy or operational cost savings, or both, will meet or exceed within 20
years the costs of the energy conservation measures. The qualified provider
shall reimburse the school district or area vocational center for any
shortfall of guaranteed energy
savings projected in the contract. A qualified provider shall provide a
sufficient bond to the school district or area vocational center for the
installation and the
faithful performance of all the measures included in the contract. The
guaranteed energy savings contract may provide for payments over a period
of time, not to exceed 20 years from the date of final installation
of the
measures.

(Source: P.A. 92-767, eff. 8-6-02.)
 
(105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)
Sec. 19b-5. Installment payment contract; lease purchase agreement. A school district or
school districts in combination or an area vocational center may enter into
an
installment payment contract or lease purchase agreement with a qualified
provider or with a third party, as authorized by law, for the funding or financing of the purchase and installation of energy conservation measures by a qualified provider.
Every school district or area vocational center may issue certificates
evidencing the indebtedness
incurred pursuant to the contracts or agreements. Any such contract or
agreement shall be valid whether or not an appropriation with respect
thereto is first included in any annual or supplemental budget adopted by
the school district or area vocational center. Each contract or agreement
entered
into by a school district or area vocational center pursuant to this
Section shall be authorized by
official action of the school board or governing board of the area vocational
center, whichever is applicable. The authority granted in this Section is in addition to any other authority granted by law.
If an energy audit is performed by an energy services contractor for a school district within the 3 years immediately preceding the solicitation, then the school district must publish as a reference document in the solicitation for energy conservation measures the following:
The solicitation must include a written disclosure that identifies any energy services contractor that participated in the preparation of the specifications issued by the school district. If no energy services contractor participated in the preparation of the specifications issued by the school district, then the solicitation must include a written disclosure that no energy services contractor participated in the preparation of the specifications for the school district. The written disclosure shall be published in the Capital Development Board Procurement Bulletin with the Request for Proposal.
(Source: P.A. 96-1197, eff. 7-22-10; 97-333, eff. 8-12-11.)
 
(105 ILCS 5/19b-6) (from Ch. 122, par. 19b-6)
Sec. 19b-6.
Term; budget and appropriations.
Guaranteed energy savings
contracts may extend beyond the fiscal year in which they become effective.
The school district or area vocational center shall include in its annual
budget and
appropriations measures for each subsequent fiscal year any amounts payable
under guaranteed energy savings contracts during that fiscal year.
Sections 2-3.12, 3-14.20, and 10-22.36 of the School Code shall apply to
this Article 19b.

(Source: P.A. 92-767, eff. 8-6-02.)
 
(105 ILCS 5/19b-7) (from Ch. 122, par. 19b-7)
Sec. 19b-7.
Operational and energy cost savings.
The school district or
area vocational center
shall document the operational and energy cost savings specified in the
guaranteed energy savings contract and designate and appropriate that
amount for an annual payment of the contract. If the annual energy savings
are less than projected under the guaranteed energy savings contract the
qualified
provider shall pay the difference as provided in Section 19b-4.

(Source: P.A. 92-767, eff. 8-6-02.)
 
(105 ILCS 5/19b-8) (from Ch. 122, par. 19b-8)
Sec. 19b-8.
Available funds.
A school district or area vocational
center may use funds
designated for operating or capital expenditures for any guaranteed energy
savings contract including purchases using installment payment contracts or
lease purchase agreements. A school district or area vocational center
that enters into such a
contract or agreement may covenant in such contract or agreement that
payments made thereunder shall be payable from the first funds legally
available in each fiscal year.

(Source: P.A. 92-767, eff. 8-6-02.)
 
(105 ILCS 5/19b-9) (from Ch. 122, par. 19b-9)
Sec. 19b-9.
Funding.
State aid and other amounts appropriated for
distribution to or reimbursement of a school district or area vocational
center shall not be reduced
as a result of energy savings realized from a guaranteed energy savings
contract or a lease purchase agreement for the purchase and installation of
energy conservation measures.

(Source: P.A. 92-767, eff. 8-6-02.)
 
(105 ILCS 5/19b-10)
Sec. 19b-10.
(Repealed).

(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 92-767, eff.
8-6-02.)
 
(105 ILCS 5/19b-15)
Sec. 19b-15. Applicable laws. Other State laws and related administrative requirements apply to this Article, including, but not limited to, the following laws and related administrative requirements: the Illinois Human Rights Act, the Prevailing Wage Act, the Public Construction Bond Act, the Public Works Preference Act (repealed on June 16, 2010 by Public Act 96-929), the Employment of Illinois Workers on Public Works Act, the Freedom of Information Act, the Open Meetings Act, the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural Engineering Practice Act of 1989, the Local Government Professional Services Selection Act, and the Contractor Unified License and Permit Bond Act.

(Source: P.A. 97-333, eff. 8-12-11.)
 
(105 ILCS 5/19b-20)
Sec. 19b-20. Historic preservation. In order to protect the integrity of historic buildings, no provision of this Article shall be interpreted to require the implementation of energy conservation measures that conflict with respect to any property eligible for, nominated to, or entered on the National Register of Historic Places, pursuant to the National Historic Preservation Act of 1966, or the Illinois Register of Historic Places, pursuant to the Illinois Historic Preservation Act.

(Source: P.A. 95-612, eff. 9-11-07.)

Structure Illinois Compiled Statutes

Illinois Compiled Statutes

Chapter 105 - SCHOOLS

105 ILCS 5/ - School Code.

Article 1 - Short Title - Construction - Definitions

Article 1A - State Board Of Education

Article 1B - School District Financial Oversight Panel And Emergency Financial Assistance

Article 1C - Block Grants

Article 1D - Block Grants For Districts With Over 500,000 Inhabitants

Article 1E - Downstate School Finance Authority

Article 1F - Downstate School Finance Authority for Elementary Districts

Article 1G - Mathematics and Science; Block Grant Program

Article 1H - Financial Oversight Panels

Article 2 - State Board of Education - Powers and Duties

Article 3 - Regional Superintendent of Schools

Article 3A - Educational Service Regions

Article 4 - Duties of County Board

Article 5 - Trustees of Schools

Article 6 - Regional Board of School Trustees

Article 7 - Boundary Change

Article 7A - Unit School District Conversion in Districts With Not More Than 250 Students In Grades 9 Through 12 (Repealed)

Article 7C - Transfer Of High School District Territory (Repealed)

Article 8 - Treasurers

Article 9 - Elections

Article 10 - School Boards

Article 11A - Unit School District Formation (Repealed)

Article 11B - School District Combination (Repealed)

Article 11C - Accounting Procedures

Article 11D - School District Conversion (Repealed)

Article 11E - Conversion and Formation of School Districts

Article 12 - High School Districts--Nonhigh School Districts--Community High School Districts

Article 13 - Schools For Designated Purposes

Article 13A - Alternative Public Schools

Article 13B - Alternative Learning Opportunities

Article 14 - Children With Disabilities

Article 14A - Gifted and Talented Children And Children Eligible For Accelerated Placement

Article 14B - Educationally Disadvantaged Children (Repealed)

Article 14C - Transitional Bilingual Education

Article 15 - Common School Lands

Article 16 - Gifts--Use Of Sites--Playgrounds

Article 17 - Budgets--Tax Rates--Tax Warrants

Article 18 - Common School Fund

Article 19 - Debt Limitation - Bonds - Territory Liable - Refunding Bonds

Article 19a - Revenue Bonds For Exhibition Facilities

Article 19b - School Energy Conservation And Saving Measures

Article 20 - Working Cash Fund

Article 21 - Certification Of Teachers

Article 21A - New Teacher Induction and Mentoring

Article 21B - Educator Licensure

Article 22 - General Provisions--Penalties--Liabilities

Article 23 - School Board Associations

Article 24 - Employment of Teachers--Tenure--Duties of Teachers

Article 24A - Evaluation of Certified Employees

Article 26 - Pupils--Compulsory Attendance

Article 26A - Children and Students Who Are Parents, Expectant Parents, or Victims of Domestic or Sexual Violence

Article 27 - Courses of Study--Special Instruction

Article 27A - Charter Schools

Article 28 - Instructional Materials

Article 28A - Education Purchasing Program

Article 29 - Transportation

Article 30 - Scholarships

Article 31 - Fraternities--Sororities

Article 32 - Special Charter Districts

Article 33 - Districts From 100,000 To Not More Than 500,000 Inhabitants

Article 34 - Cities Of Over 500,000 Inhabitants - Board Of Education

Article 34A - School Finance Authority

Article 34B - Bridge Note Statute (Repealed)

Article 35 - Buildings--School Building Commission (Repealed)

Article 36 - Repeal - Saving