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H. B. No. 549 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representatives Blessing, Foley
Cosponsors:
Representatives Stebelton, Hagan, R., Harwood, Mecklenborg, McGregor, J., Combs, Koziura, Setzer, Webster, Evans, Peterson, Yuko, Ujvagi
A BILL
To amend section 3313.372 of the Revised Code to
authorize school boards, for on-site energy
generation measures and in the same manner as for
energy conservation measures, to enter into
installment contracts subject to specified terms
of payment and to provide that energy conservation
installment contracts are subject to those same
terms.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3313.372 of the Revised Code be
amended to read as follows:
Sec. 3313.372. (A) As used in this section, "energy
conservation measure" or "energy generation measure" means an
installation or modification of an
installation in, or remodeling
of, a building, or installation of equipment on, in, or proximate
to a building, to reduce energy
consumption or generate
electricity. It includes:
(1) Insulation of the building structure and systems
within
the building;
(2) Storm windows and doors, multiglazed windows and
doors,
heat absorbing or heat reflective glazed and coated window
and
door systems, additional glazing, reductions in glass area,
and
other window and door system modifications that reduce energy
consumption;
(3) Automatic energy control systems;
(4) Heating, ventilating, or air conditioning system
modifications or replacements;
(5) Caulking and weatherstripping;
(6) Replacement or modification of lighting fixtures to
increase the energy efficiency of the system without increasing
the overall illumination of a facility, unless such increase in
illumination is necessary to conform to the applicable state or
local building code for the proposed lighting system;
(7) Energy recovery systems;
(8) Cogeneration systems or other systems that produce or
generate steam or forms of
energy such as heat, as well as
electricity, for use primarily
within a building or complex of
buildings on the premises or in conjunction with a net metering
system;
(9) Any other modification, installation, or remodeling
approved by the Ohio school facilities commission as an energy
conservation
measure.
(B) A board of education of a city, exempted village,
local,
or joint vocational school district may enter into an
installment
payment contract for the purchase and installation of
energy
conservation measures or energy generation measures. The
provisions of such installment
payment contracts dealing with
interest charges and financing
terms shall not be subject to the
competitive bidding
requirements of section 3313.46 of the Revised
Code, and shall be
on the following terms:
(1) Not less than one-fifteenth one-thirtieth of the costs
thereof shall be
paid within two years from the date of purchase.
(2) The remaining balance of the costs thereof shall be
paid
within fifteen thirty years from the date of purchase.
An installment payment contract entered into by a
board of
education under this section shall require the board to
contract
in accordance with division (A) of section 3313.46 of the Revised
Code
for the installation, modification, or remodeling of energy
conservation measures or purchase and installation of energy
generation measures unless division (A) of section 3313.46 of the
Revised
Code does not apply pursuant to division (B)(3) of that
section. An installment payment contract entered into under this
chapter may provide for the seller to retain title to energy
generation equipment for part or all of the term of the contract.
(C) The board may issue the notes of the school district
signed by the president and the treasurer of the board and
specifying the terms of the purchase and securing the deferred
payments provided in this section, payable at the times provided
and bearing interest at a rate not exceeding the rate determined
as provided in section 9.95 of the Revised Code. The notes may
contain an option for prepayment and shall not be subject to
Chapter 133. of the Revised Code. In the resolution authorizing
the notes,
the board may provide, without the vote of the electors
of the district, for
annually levying and collecting taxes in
amounts sufficient to pay the
interest on and retire the notes,
except that the total net indebtedness
of the district without a
vote of the electors incurred under this and
all other sections of
the Revised Code, except section 3318.052 of the Revised Code,
shall not exceed one per cent of the
district's tax valuation.
Revenues derived from local
taxes or otherwise, for the purpose of
conserving or generating energy or for
defraying the current
operating expenses of the district, may be
applied to the payment
of interest and the retirement of such
notes. The notes may be
sold at private sale or given to the
contractor under the
installment payment contract authorized by
division (B) of this
section.
(D) Debt incurred under this section shall not be included
in
the calculation of the net indebtedness of a school district
under
section 133.06 of the Revised Code.
(E) No school district board shall enter into an installment
payment contract under division (B) of this section unless it
first
obtains a report of the costs of the energy conservation or
generation measures and the
savings thereof as described under
division (G) of section 133.06
of the Revised Code as a
requirement for issuing energy securities, makes a
finding that
the
amount spent on such measures is not likely to exceed the
amount of money it
would save in energy costs and resultant
operational and maintenance costs as
described in that division,
except that that finding shall cover the ensuing
fifteen thirty
years, and the Ohio school facilities commission determines that
the district board's findings are reasonable and approves the
contract as
described in that division.
The district board shall monitor the savings and maintain a
report of those
savings, which shall be available to the
commission in the same manner as
required by division (G) of
section 133.06 of the Revised Code in the case of
energy
securities.
Section 2. That existing section 3313.372 of the Revised Code
is hereby repealed.
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