H. B. No. 549 As Introduced

(C) The board may issue the notes of the school district

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signed by the president and the treasurer of the board and

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specifying the terms of the purchase and securing the deferred

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payments provided in this section, payable at the times provided

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and bearing interest at a rate not exceeding the rate determined

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as provided in section 9.95 of the Revised Code. The notes may

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contain an option for prepayment and shall not be subject to

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Chapter 133. of the Revised Code. In the resolution authorizing

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the notes, the board may provide, without the vote of the electors

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of the district, for annually levying and collecting taxes in

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amounts sufficient to pay the interest on and retire the notes,

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except that the total net indebtedness of the district without a

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vote of the electors incurred under this and all other sections of

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the Revised Code, except section 3318.052 of the Revised Code,

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shall not exceed one per cent of the district's tax valuation.

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Revenues derived from local taxes or otherwise, for the purpose of

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conserving or generating energy or for defraying the current

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operating expenses of the district, may be applied to the payment

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of interest and the retirement of such notes. The notes may be

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sold at private sale or given to the contractor under the

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installment payment contract authorized by division (B) of this

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section.

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Sec. 3313.372. (A) As used in this section, "energy	11
conservation measure" or "energy generation measure" means an	12
installation or modification of an installation in, or remodeling	13
of, a building, or installation of equipment on, in, or proximate	14
to a building, to reduce energy consumption or generate	15
electricity. It includes:	16

(1) Insulation of the building structure and systems within	17
the building;	18

(2) Storm windows and doors, multiglazed windows and doors,	19
heat absorbing or heat reflective glazed and coated window and	20
door systems, additional glazing, reductions in glass area, and	21
other window and door system modifications that reduce energy	22
consumption;	23

(4) Heating, ventilating, or air conditioning system	25
modifications or replacements;	26

(6) Replacement or modification of lighting fixtures to	28
increase the energy efficiency of the system without increasing	29
the overall illumination of a facility, unless such increase in	30
illumination is necessary to conform to the applicable state or	31
local building code for the proposed lighting system;	32

Section 1. That section 3313.372 of the Revised Code be	9
amended to read as follows:	10

(8) Cogeneration systems or other systems that produce or	34
generate steam or forms of energy such as heat, as well as	35
electricity, for use ~~primarily within a building or complex of~~	36
~~buildings~~on the premises or in conjunction with a net metering	37
system;	38

(9) Any other modification, installation, or remodeling	39
approved by the Ohio school facilities commission as an energy	40
conservation measure.	41

(B) A board of education of a city, exempted village, local,	42
or joint vocational school district may enter into an installment	43
payment contract for the purchase and installation of energy	44
conservation measures or energy generation measures. The	45
provisions of such installment payment contracts dealing with	46
interest charges and financing terms shall not be subject to the	47
competitive bidding requirements of section 3313.46 of the Revised	48
Code, and shall be on the following terms:	49

(1) Not less than ~~one-fifteenth~~one-thirtieth of the costs	50
thereof shall be paid within two years from the date of purchase.	51

(2) The remaining balance of the costs thereof shall be paid	52
within ~~fifteen~~thirty years from the date of purchase.	53

An installment payment contract entered into by a board of	54
education under this section shall require the board to contract	55
in accordance with division (A) of section 3313.46 of the Revised	56
Code for the installation, modification, or remodeling of energy	57
conservation measures or purchase and installation of energy	58
generation measures unless division (A) of section 3313.46 of the	59
Revised Code does not apply pursuant to division (B)(3) of that	60
section. An installment payment contract entered into under this	61
chapter may provide for the seller to retain title to energy	62
generation equipment for part or all of the term of the contract.	63

(D) Debt incurred under this section shall not be included in	86
the calculation of the net indebtedness of a school district under	87
section 133.06 of the Revised Code.	88

(E) No school district board shall enter into an installment	89
payment contract under division (B) of this section unless it	90
first obtains a report of the costs of the energy conservation or	91
generation measures and the savings thereof as described under	92
division (G) of section 133.06 of the Revised Code as a	93
requirement for issuing energy securities, makes a finding that	94
the amount spent on such measures is not likely to exceed the	95
amount of money it would save in energy costs and resultant	96
operational and maintenance costs as described in that division,	97
except that that finding shall cover the ensuing ~~fifteen~~thirty	98
years, and the Ohio school facilities commission determines that	99
the district board's findings are reasonable and approves the	100
contract as described in that division.	101

The district board shall monitor the savings and maintain a	102
report of those savings, which shall be available to the	103
commission in the same manner as required by division (G) of	104
section 133.06 of the Revised Code in the case of energy	105
securities.	106

Section 2. That existing section 3313.372 of the Revised Code	107
is hereby repealed.	108