Bill Text: IL HB3381 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the School Code. Provides that a duty of the regional superintendent of schools is to inspect and approve school building plans and specifications for energy conservation measures. In the Article concerning school energy conservation and saving measures, makes changes concerning definitions, the evaluation and submission of guaranteed energy savings contract proposals, performance reviews, the award of a contract, the written guarantee, installment payment contracts and lease purchase agreements, cost savings, available funds, an energy savings template, qualified providers, and the Smart Energy Design Assistance Center.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-07 - Filed with the Clerk by Rep. Joyce Mason [HB3381 Detail]

Download: Illinois-2025-HB3381-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3381 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
105 ILCS 5/3-14.20 from Ch. 122, par. 3-14.20
105 ILCS 5/19b-1.1 from Ch. 122, par. 19b-1.1
105 ILCS 5/19b-1.2 from Ch. 122, par. 19b-1.2
105 ILCS 5/19b-1.3 from Ch. 122, par. 19b-1.3
105 ILCS 5/19b-1.4 from Ch. 122, par. 19b-1.4
105 ILCS 5/19b-1.5 new
105 ILCS 5/19b-2 from Ch. 122, par. 19b-2
105 ILCS 5/19b-2.1 new
105 ILCS 5/19b-3 from Ch. 122, par. 19b-3
105 ILCS 5/19b-4 from Ch. 122, par. 19b-4
105 ILCS 5/19b-5 from Ch. 122, par. 19b-5
105 ILCS 5/19b-7 from Ch. 122, par. 19b-7
105 ILCS 5/19b-8 from Ch. 122, par. 19b-8
105 ILCS 5/19b-90 new
Amends the School Code. Provides that a duty of the regional superintendent of schools is to inspect and approve school building plans and specifications for energy conservation measures. In the Article concerning school energy conservation and saving measures, makes changes concerning definitions, the evaluation and submission of guaranteed energy savings contract proposals, performance reviews, the award of a contract, the written guarantee, installment payment contracts and lease purchase agreements, cost savings, available funds, an energy savings template, qualified providers, and the Smart Energy Design Assistance Center.
LRB104 10706 LNS 20785 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
HB3381 LRB104 10706 LNS 20785 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
3-14.20, 19b-1.1, 19b-1.2, 19b-1.3, 19b-1.4, 19b-2, 19b-3,
19b-4, 19b-5, 19b-7, and 19b-8 and by adding Sections 19b-1.5,
19b-2.1, and 19b-90 as follows:
(105 ILCS 5/3-14.20) (from Ch. 122, par. 3-14.20)
Sec. 3-14.20. Building plans and specifications. To
inspect the building plans and specifications, including but
not limited to plans and specifications for the heating,
ventilating, lighting, seating, water supply, toilets, energy
conservation measures resulting in building construction,
renovations, or modifications, and safety against fire of
public school rooms and buildings submitted to the regional
superintendent of schools him by school boards, and to approve
all those which comply substantially with the building code
authorized in Section 2-3.12.
If a municipality or, in the case of an unincorporated
area, a county or, if applicable, a fire protection district
wishes to be notified of plans and specifications received by
a regional office of education for any future construction or
alteration of a public school facility located within that

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entity's jurisdiction, then the entity must register this wish
with the regional superintendent of schools. Within 10 days
after the regional superintendent of schools receives the
plans and specifications from a school board and prior to the
bidding process, he or she shall notify, in writing, the
registered municipality and, if applicable, the registered
fire protection district where the school that is being
constructed or altered lies that plans and specifications have
been received. In the case of an unincorporated area, the
registered county shall be notified. If the municipality, fire
protection district, or county requests a review of the plans
and specifications, then the school board shall submit a copy
of the plans and specifications. The municipality and, if
applicable, the fire protection district or the county may
comment in writing on the plans and specifications based on
the building code authorized in Section 2-3.12, referencing
the specific code where a discrepancy has been identified, and
respond back to the regional superintendent of schools within
15 days after a copy of the plans and specifications have been
received or, if needed for plan review, such additional time
as agreed to by the regional superintendent of schools. This
review must be at no cost to the school district.
If such plans and specifications are not approved or
denied approval by the regional superintendent of schools
within 3 months after the date on which they are submitted to
him or her, the school board may submit such plans and

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specifications directly to the State Superintendent of
Education for approval or denial.
(Source: P.A. 94-225, eff. 7-14-05.)
(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, according to plans and
specifications designed and approved subject to the building
code authorized in Section 2-3.12 of this Code, that is
proposed designed to reduce energy consumption or operating
costs, and may include, without limitation, one or more of the
following:
(1) Insulation of the building structure or systems
within the building.
(2) Storm windows or doors, caulking or
weatherstripping, multiglazed windows or doors, heat
absorbing or heat reflective glazed and coated window or
door systems, additional glazing, reductions in glass
area, or other window and door system modifications that
reduce energy operating costs consumption.
(3) Automated or computerized energy control systems.
(4) Heating, ventilating, or air conditioning system

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modifications or replacements.
(5) Replacement or modification of lighting fixtures
to increase the energy efficiency of the lighting system
without increasing the overall illumination of a facility,
unless an increase in illumination is necessary to conform
to the applicable State or local building code for the
lighting system after the proposed modifications are made.
(6) Energy recovery systems.
(7) (Blank). Energy conservation measures that provide
long-term operating cost reductions.
"Energy conservation measure" does not include new
construction or building additions beyond the square footage
and footprint of existing buildings or structures, except
areas required for the primary use of mechanical and
electrical upgrades or as necessary for the sole use of an
energy unit installation, such as geothermal or solar array
equipment. "Energy conservation measure" does not include new
or additional spaces, such as classrooms, gymnasiums, or
administrative or common areas, or site renovations, such as
parking lots, playgrounds, athletic fields, or track and field
areas. New construction or additions shall be designed and
constructed in accordance with applicable energy conservation
laws and codes and may not be included in the calculations of
any energy savings with respect to a guaranteed energy savings
contract.
(Source: P.A. 95-612, eff. 9-11-07.)

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(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, an investment grade
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. A contract may be
subject to change orders in the ordinary course of a
construction project but may not be amended to include
projects not originally included in the request for proposals
required by Section 19b-1.4 of this Code.
(Source: P.A. 96-1197, eff. 7-22-10.)
(105 ILCS 5/19b-1.3) (from Ch. 122, par. 19b-1.3)

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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
person or business may not engage in the practice of
architecture, engineering, or structural engineering unless
the person is licensed or the business is registered in
accordance with the Illinois Architecture Practice Act of
1989, the Professional Engineering Practice Act of 1989, or
the Structural Engineering Practice Act of 1989 and the rules
adopted pursuant to those Acts. A person or business may not
engage in the practice of plumbing unless the person is
licensed in accordance with the Illinois Plumbing License Law.
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

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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:
(1) The name and address of the school district or
area vocation center.
(2) The name, address, title, and phone number of a
contact person.
(3) Notice indicating that the school district or area
vocational center is requesting qualified providers to
propose energy conservation measures through a guaranteed
energy savings contract.
(4) The date, time, and place where proposals must be
received.
(5) The evaluation criteria for assessing the
proposals.
(6) Any other stipulations and clarifications the
school district or area vocational center may require.
(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)

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(105 ILCS 5/19b-1.5 new)
Sec. 19b-1.5. Energy operating cost. "Energy operating
cost" means any expenditure paid by a school district or area
vocational center to a third party for the furnishing of heat,
cold, power, electricity, water, or light to any building or
facility owned or operated by a school district or area
vocational center. "Energy operating cost" shall be directly
related to the energy consumption costs of a structure paid to
a utility provider. "Energy operating cost" does not include
calculations related to general maintenance and custodial
costs, including, but not limited to, window cleaning, floor
waxing, carpet vacuuming and cleaning, the mowing of lawns,
trash removal, playground maintenance, parking lot
maintenance, and similar costs.
(105 ILCS 5/19b-2) (from Ch. 122, par. 19b-2)
Sec. 19b-2. Evaluation of proposal; performance review.
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,

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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 energy operating
costs, or both, will be reduced and shall be submitted to the
administrators of the Capital Development Board for
publication in the Illinois Procurement Bulletin. 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 or reviewing
contract performance under this Section must certify in
writing that he or she does 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 the review of contract
performance or include the fee as part of the payments made
under Section 19b-4.
Performance reviews shall be conducted by the school board
of the school district or the governing board of the area
vocational center at least once every 4 years or at shorter

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intervals at the discretion of the school district or area
vocational center to verify the outcomes of the guaranteed
energy savings contract and shall include any improvement,
repair, alteration, or betterment of any building or facility
owned or operated by the school district or area vocational
center or any equipment, fixture, or furnishing added to or
used in any such building or facility. A qualified provider
may not withhold the disclosure of information related to the
content of a proposal or the performance of the contract.
(Source: P.A. 95-612, eff. 9-11-07.)
(105 ILCS 5/19b-2.1 new)
Sec. 19b-2.1. Submission of proposals. Proposals must be
properly identified. Proposals may not be reviewed until after
the deadline for submission has passed as set forth in the
request for proposals. All qualified providers identified by
the Smart Energy Design Assistance Center (SEDAC), in
consultation with the Capital Development Board, pursuant to
subsection (b) of Section 19b-90 of this Code that submit
proposals shall be disclosed after the deadline for submission
but not before. Proposals shall identify the names of all
parties to the proposed contract, including those that may be
subcontracted during the performance of the contract. A
proposal must meet all material requirements of the request
for proposal or the proposal may be rejected as nonresponsive.
Proposals may be withdrawn prior to evaluation for any cause.

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No person or business that contracts with a school district or
area vocational center to write specifications or otherwise
provides specifications or assessments for a procurement need
under this Section shall submit a bid or proposal or receive a
contract for that procurement need. All projects procured
under this Section shall comply with Section 2-3.12 of this
Code and the Health/Life Safety Code for Public Schools set
forth in 23 Ill. Adm. Code 180, if applicable, and are subject
to review by the regional office of education.
(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 lowest
responsive and responsible 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

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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 operating or
operational costs for the reasonably projected payback period
for the improvements, as certified by resolution of the school
district or area vocational center, or 20 years, whichever is
less, 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. The final contract and any
subsequent modifications and successful proposals,
evaluations, and the performance review shall be considered
public records under the Freedom of Information Act and
subject to inspection and copying by the public.
(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 operating or operational cost
savings, or both, will meet or exceed, within the reasonably
projected payback period for the improvements, as certified by

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resolution of the school district or area vocational center,
or 20 years, whichever is less, 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 the reasonably projected payback period for the
improvements, as certified by resolution of the school
district or area vocational center, or 20 years, whichever is
less, 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

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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:
(1) an executive summary of the energy audit provided
that the school district may exclude any proprietary or
trademarked information or practices; or
(2) the energy audit provided that the school district
may redact any proprietary or trademarked information or
practices.
A school district may not withhold the disclosure of
information related to (i) the school district's energy
operating costs consumption of energy, (ii) the physical
condition of the school district's facilities, and (iii) any
limitations prescribed by the school district.

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The solicitation must include a written disclosure that
identifies any energy services contractor or qualified
provider that participated in the preparation of the
specifications issued by the school district. If no energy
services contractor or qualified provider 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 or qualified
provider 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-7) (from Ch. 122, par. 19b-7)
Sec. 19b-7. Energy operating Operational and energy cost
savings. The school district or area vocational center shall
document the operational and energy operating 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 operating cost savings are
less than projected under the guaranteed energy savings
contract, the qualified provider shall pay, within 90 days,
the difference as provided in Section 19b-4.
(Source: P.A. 92-767, eff. 8-6-02.)

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(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 energy
operating cost 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-90 new)
Sec. 19b-90. Energy savings template, qualified providers,
and Smart Energy Design Assistance Center (SEDAC).
(a) Any contract under this Section shall utilize the
template provided for such contracts through a statewide
organization representing Illinois school business officials
or follow the requirements in subsections (c) and (d) of this
Section, at the discretion of the school district or area
vocational center.
(b) The Smart Energy Design Assistance Center (SEDAC)
based at the University of Illinois at Urbana-Champaign, under
the direction of the Governor, shall assist school districts
and area vocational centers in compiling a list of qualified
energy service providers, with respect to the review of

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performance contracts.
(c) At the request of a school district or area of
vocational center, SEDAC shall establish guidelines and an
approval process for awarding energy performance contracts.
The guidelines adopted under this subsection (c) must require
that the cost-savings projected by a qualified provider be
reviewed by a licensed professional engineer who:
(1) has a minimum of 3 years of experience in energy
calculation and review;
(2) is not an officer or employee of a qualified
provider for the contract under review; and
(3) is not otherwise associated with the contract.
In conducting the review, the engineer shall focus
primarily on the proposed improvements from an engineering
perspective and the methodology and calculations related to
energy-related cost savings.
(d) At the request of a school district or area of
vocational center, SEDAC shall assist a school district or
area vocational center in identifying, evaluating, and
implementing cost-effective conservation projects at its
facilities. The assistance shall include:
(1) providing technical and analytical support,
including the procurement of energy performance
contracting services;
(2) reviewing verification procedures for energy
savings; and

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