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Sub. H. B. No. 113 As Reported by the House Alternative Energy CommitteeAs Reported by the House Alternative Energy Committee
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Foley, Blessing
Cosponsors:
Representatives Celeste, Skindell, Morgan, Harris, Evans, Snitchler, Pillich, Mecklenborg, Murray, Phillips, Combs, Grossman, Harwood, Newcomb, McGregor, Chandler, Oelslager, Yates, Ujvagi, Weddington, Stewart, Yuko, Stebelton, Adams, J., Bacon, Hagan
A BILL
To amend sections 133.06, 133.20, 3313.372, 3313.46,
and 4928.62 and to enact section 3313.377 of the
Revised Code to
authorize school boards, for
on-site renewable energy
generation measures and
in the same manner as for
energy conservation
measures, to enter into
installment contracts
subject to specified terms
of payment, to provide
that energy conservation
installment contracts
are subject to those same
terms, and to establish
a two-tiered, three-year renewable energy schools
pilot program that creates a process for schools
to obtain a
supply of electricity generated from
wind, geothermal, or solar resources.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 133.06, 133.20, 3313.372, 3313.46,
and 4928.62 be
amended and section 3313.377 of the Revised Code
be enacted to read as follows:
Sec. 133.06. (A) A school district shall not incur,
without
a vote of the electors, net indebtedness that exceeds an
amount
equal to one-tenth of one per cent of its tax valuation,
except as
provided in divisions (G) and (H)
of this section and
in
division
(C) of section 3313.372 of the Revised Code, or as
prescribed in
section 3318.052 of the Revised Code, or as provided in division
(J) of this section.
(B) Except as provided in divisions (E), (F), and (I) of
this
section, a school district shall not incur net indebtedness
that
exceeds an amount equal to nine per cent of its tax
valuation.
(C) A school district shall not submit to a vote of the
electors the question of the issuance of securities in an amount
that will make the district's net indebtedness after the issuance
of the securities exceed an amount equal to four per cent of its
tax valuation, unless the superintendent of public instruction,
acting under policies adopted by the state board of education,
and
the tax commissioner, acting under written policies of the
commissioner, consent to the submission. A request for the
consents shall be made at least one hundred five days prior to the
election
at which the question is to be submitted.
The superintendent of public instruction shall certify to the
district the superintendent's and the tax commissioner's decisions
within thirty days after receipt of the request for consents.
If the electors do not approve the issuance of securities at
the election for which the superintendent of public instruction
and tax commissioner consented to the submission of the question,
the school district may submit the same question to the electors
on the date that the next special election may be held under
section 3501.01 of the Revised Code without submitting a new
request for consent. If the school district seeks to submit the
same question at any other subsequent election, the district shall
first submit a new request for consent in accordance with this
division.
(D) In calculating the net indebtedness of a school
district,
none of the following shall be considered:
(1) Securities issued to acquire school buses and other
equipment used in transporting pupils or issued pursuant to
division (D) of section 133.10 of the Revised Code;
(2) Securities issued under division (F) of this section,
under section 133.301 of the Revised Code, and, to the extent in
excess of the limitation stated in division (B) of this section,
under division (E) of this section;
(3) Indebtedness resulting from the dissolution of a joint
vocational school district under section 3311.217 of the Revised
Code, evidenced by outstanding securities of that joint
vocational
school district;
(4) Loans, evidenced by any securities, received under
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the
Revised Code;
(5) Debt incurred under section 3313.374 of the Revised
Code;
(6) Debt incurred pursuant to division (B)(5) of
section
3313.37 of the Revised Code to acquire computers and related
hardware;
(7) Debt incurred under section
3318.042 of the
Revised
Code.
(E) A school district may become a special needs district
as
to certain securities as provided in division (E) of this
section.
(1) A board of education, by resolution, may declare its
school district to be a special needs district by determining
both
of the following:
(a) The student population is not being adequately
serviced
by the existing permanent improvements of the district.
(b) The district cannot obtain sufficient funds by the
issuance of securities within the limitation of division (B) of
this section to provide additional or improved needed permanent
improvements in time to meet the needs.
(2) The board of education shall certify a copy of that
resolution to the superintendent of public instruction with a
statistical report showing all of the following:
(a) A history of and a projection of the growth of the
student population;
(b) The history of and a projection of the growth of the
tax
valuation;
(d) The estimated cost of permanent improvements proposed
to
meet such projected needs.
(3) The superintendent of public instruction shall certify
the district as an approved special needs district if the
superintendent finds both of the following:
(a) The district does not have available sufficient
additional funds from state or federal sources to meet the
projected needs.
(b) The projection of the potential average growth of tax
valuation during the next five years, according to the
information
certified to the superintendent and any other
information the
superintendent obtains, indicates a likelihood of
potential
average growth of tax valuation of the district during
the next
five years of an average of not less than three per cent
per year.
The findings and certification of the superintendent
shall be
conclusive.
(4) An approved special needs district may incur net
indebtedness by the issuance of securities in accordance with the
provisions of this chapter in an amount that does not exceed an
amount equal to the greater of the following:
(a) Nine per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage by which the tax valuation has increased over the
tax valuation on the first day of the sixtieth month preceding
the
month in which its board determines to submit to the electors
the
question of issuing the proposed securities;
(b) Nine per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage, determined by the superintendent of public
instruction, by which that tax valuation is projected to increase
during the next ten years.
(F) A school district may issue securities for emergency
purposes, in a principal amount that does not exceed an amount
equal to three per cent of its tax valuation, as provided in this
division.
(1) A board of education, by resolution, may declare an
emergency if it determines both of the following:
(a) School buildings or other necessary school facilities
in
the district have been wholly or partially destroyed, or
condemned
by a constituted public authority, or that such
buildings or
facilities are partially constructed, or so
constructed or planned
as to require additions and improvements
to them before the
buildings or facilities are usable for their
intended purpose, or
that corrections to permanent improvements
are necessary to remove
or prevent health or safety hazards.
(b) Existing fiscal and net indebtedness limitations make
adequate replacement, additions, or improvements impossible.
(2) Upon the declaration of an emergency, the board of
education may, by resolution, submit to the electors of the
district pursuant to section 133.18 of the Revised Code the
question of issuing securities for the purpose of paying the
cost,
in excess of any insurance or condemnation proceeds
received by
the district, of permanent improvements to respond to
the
emergency need.
(3) The procedures for the election shall be as provided
in
section 133.18 of the Revised Code, except that:
(a) The form of the ballot shall describe the emergency
existing, refer to this division as the authority under which the
emergency is declared, and state that the amount of the proposed
securities exceeds the limitations prescribed by division (B) of
this section;
(b) The resolution required by division (B) of section
133.18
of the Revised Code shall be certified to the county
auditor and
the board of elections at least seventy-five days
prior to the
election;
(c) The county auditor shall advise and, not later than
sixty-five days before the election, confirm that advice by
certification to, the board of education of the information
required by division (C) of section 133.18 of the Revised Code;
(d) The board of education shall then certify its
resolution
and the information required by division (D) of
section 133.18 of
the Revised Code to the board of elections not
less than sixty
days prior to the election.
(4) Notwithstanding division (B) of section 133.21 of the
Revised Code, the first principal payment of securities issued
under this division may be set at any date not later than sixty
months after the earliest possible principal payment otherwise
provided for in that division.
(G)(1) The board of education may contract with an architect,
professional engineer, or other person experienced in the design
and implementation of energy conservation measures, as defined in
section 3313.372 of the Revised Code, for an
analysis
and
recommendations pertaining to installations,
modifications of
installations, or remodeling that would
significantly reduce
energy consumption in buildings owned by the
district. The report
shall include estimates of all costs of
such installations,
modifications, or remodeling, including costs
of design,
engineering, installation, maintenance, repairs, and
debt service,
and estimates of the amounts by which energy
consumption and
resultant operational and maintenance costs, as defined by the
Ohio school facilities
commission, would be reduced.
If the board finds after receiving the report that the
amount
of money the district would spend on such installations,
modifications, or remodeling is not likely to exceed the amount
of
money it would save in energy and resultant operational and
maintenance costs over the ensuing fifteen years, the board
may
submit to the
commission a copy of its findings and a request
for
approval to incur
indebtedness
to finance the making or
modification of installations or the
remodeling of buildings for
the purpose of significantly reducing
energy consumption.
If the commission determines that the board's
findings are
reasonable, it shall approve the board's request. Upon receipt
of
the commission's approval, the district may
issue securities
without a vote of the electors in a principal amount not to
exceed
nine-tenths of one per cent of its tax valuation for the
purpose
of making such installations, modifications, or
remodeling, but
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.
So long as any securities issued under division (G)(1)
of
this
section remain outstanding, the board of education shall
monitor
the
energy consumption and resultant operational and
maintenance
costs of
buildings in which installations or
modifications have
been made or remodeling has been done pursuant
to division (G)(1) of
this section and shall maintain and annually
update a
report
documenting the reductions in energy
consumption
and resultant
operational and maintenance cost savings
attributable to such
installations,
modifications, or remodeling.
The report shall be
certified by
an architect or engineer
independent of any person
that provided
goods or services to the
board in connection with
the energy
conservation measures that are
the subject of the
report. The resultant
operational and
maintenance cost savings
shall be certified by the school
district
treasurer. The report
shall be made available to the commission
upon request.
(2) If the board determines that the amount of money the
district would spend on renewable energy generation measures as
defined in section 3313.372 of the Revised Code is not likely to
exceed the amount of money it would save in energy and resultant
operational and maintenance costs over the ensuing thirty years,
the board may choose one of the following options:
(a) Elect not to incur indebtedness to finance renewable
energy generation measures;
(b) Submit to the commission a request for
approval to incur
indebtedness to finance renewable
energy generation measures.
If the board elects to submit a request and the commission
determines that the request is
reasonable, the commission shall
approve the board's request. Upon receipt of
the commission's
approval, the district may issue securities
without a vote of the
electors in a principal amount not to exceed
nine-tenths of one
per cent of its tax valuation for the purpose
of renewable energy
generation measures, but
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 valuation.
(H) With the consent of the superintendent of public
instruction, a school district may incur without a vote of the
electors net indebtedness that exceeds the amounts stated in
divisions (A) and (G) of this section for the purpose of
paying
costs of permanent improvements, if and to the extent that both
of
the following conditions are satisfied:
(1) The fiscal officer of the school district estimates
that
receipts of the school district from payments made under or
pursuant
to agreements
entered into pursuant to
section 725.02,
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41,
5709.62,
5709.63,
5709.632, 5709.73, 5709.78, or 5709.82
of the Revised
Code, or distributions under division (C) of
section 5709.43 of
the Revised Code, or any combination thereof,
are, after
accounting for any appropriate coverage requirements,
sufficient
in time and amount, and are committed by the
proceedings, to pay
the debt charges on the securities issued to
evidence that
indebtedness and payable from those receipts, and
the taxing
authority of the district confirms the fiscal
officer's estimate,
which confirmation is approved by the
superintendent of public
instruction;
(2) The fiscal officer of the school district certifies,
and
the taxing authority of the district confirms, that the
district,
at the time of the certification and confirmation,
reasonably
expects to have sufficient revenue available for the
purpose of
operating such permanent improvements for their
intended purpose
upon acquisition or completion thereof, and the
superintendent of
public instruction approves the taxing
authority's confirmation.
The maximum maturity of securities issued under division
(H)
of this section shall be the lesser of twenty years or the
maximum
maturity calculated under section 133.20 of the Revised
Code.
(I) A school district may incur net indebtedness by the
issuance of securities in accordance with the provisions of this
chapter in excess of the limit specified in division (B)
or (C) of
this
section when necessary to raise the school district portion
of the
basic project cost and any additional funds necessary to
participate in a project under Chapter 3318. of the Revised
Code,
including the cost of items designated by the Ohio school
facilities commission as required locally funded initiatives and
the cost for site acquisition.
The school facilities commission
shall notify the
superintendent
of public instruction whenever a
school district
will exceed
either limit pursuant to this
division.
(J) A school district whose portion of the basic project
cost
of its classroom facilities project under sections 3318.01 to
3318.20 of the Revised Code is greater than or equal to one
hundred million dollars may incur without a vote of the
electors
net indebtedness in an amount up to two per cent of its
tax
valuation through the issuance of general obligation
securities in
order to generate all or part of the amount of its
portion of the
basic project cost if the controlling board has approved the
school facilities commission's conditional approval of the project
under section 3318.04 of the Revised Code. The school district
board and the Ohio
school facilities commission shall include the
dedication of the
proceeds of such securities in the agreement
entered into under
section 3318.08 of the Revised Code. No state
moneys shall be released for a project to which this section
applies until the proceeds of any bonds issued under this section
that are dedicated for the payment of the school district portion
of the project are first deposited into the school district's
project construction fund.
Sec. 133.20. (A) This section applies to bonds that are
general obligation Chapter 133. securities. If the bonds are
payable as to principal by provision for annual installments, the
period of limitations on their last maturity, referred to as
their
maximum maturity, shall be measured from a date twelve
months
prior to the first date on which provision for payment of
principal is made. If the bonds are payable as to principal by
provision for semiannual installments, the period of limitations
on their last maturity shall be measured from a date six months
prior to the first date on which provision for payment of
principal is made.
(B) Bonds issued for the following permanent improvements
or
for permanent improvements for the following purposes shall
have
maximum maturities not exceeding the number of years stated:
(a) The clearance and preparation of real property for
redevelopment as an urban redevelopment project;
(b) Acquiring, constructing, widening, relocating,
enlarging,
extending, and improving a publicly owned railroad or
line of
railway or a light or heavy rail rapid transit system,
including
related bridges, overpasses, underpasses, and tunnels,
but not
including rolling stock or equipment;
(c) Pursuant to section 307.675 of the Revised Code,
constructing or repairing a bridge using long life expectancy
material for the bridge deck, and purchasing, installing, and
maintaining any performance equipment to monitor the physical
condition of a bridge so constructed or repaired. Additionally,
the average maturity of the bonds shall not exceed the expected
useful life of the bridge deck as determined by the county
engineer under that section.
(a) General waterworks or water system permanent
improvements, including buildings, water mains, or other
structures and facilities in connection therewith;
(b) Sewers or sewage treatment or disposal works or
facilities, including fireproof buildings or other structures in
connection therewith;
(c) Storm water drainage, surface water, and flood
prevention
facilities.
(a) An arena, a convention center, or a combination of an
arena and convention center under section 307.695 of the Revised
Code;
(a) Municipal recreation, excluding recreational
equipment;
(b) Urban redevelopment projects;
(c) Acquisition of real property;
(d) Street or alley lighting purposes or relocating
overhead
wires, cables, and appurtenant equipment underground;
(e) Renewable energy generation measures as
authorized by
section 133.06 of the Revised Code.
(5) Twenty years: constructing, reconstructing, widening,
opening, improving, grading, draining, paving, extending, or
changing the line of roads, highways, expressways, freeways,
streets, sidewalks, alleys, or curbs and gutters, and related
bridges, viaducts, overpasses, underpasses, grade crossing
eliminations, service and access highways, and tunnels.
(a) Resurfacing roads, highways, streets, or alleys;
(b) Alarm, telegraph, or other communications systems for
police or fire departments or other emergency services;
(c) Passenger buses used for mass transportation;
(d) Energy conservation measures as authorized by section
133.06
of the Revised Code.
(b) Fire department apparatus and equipment;
(c) Road rollers and other road construction and servicing
vehicles;
(d) Furniture, equipment, and furnishings;
(e) Landscape planting and other site improvements;
(f) Playground, athletic, and recreational equipment and
apparatus;
(g) Energy conservation measures as authorized by section
505.264 of the Revised Code.
(8) Five years: New motor vehicles other than those
described
in any other division of this section and those for
which
provision is made in other provisions of the Revised Code.
(C) Bonds issued for any permanent improvements not within
the categories set forth in division (B) of this section shall
have maximum maturities of from five to thirty years as the
fiscal
officer estimates is the estimated life or period of
usefulness of
those permanent improvements. Bonds issued under
section 133.51
of
the Revised Code for purposes other than
permanent improvements
shall have the maturities, not to
exceed
forty years, that the
taxing authority shall specify. Bonds issued for energy
conservation measures under section 307.041 of the Revised Code
shall have maximum maturities not exceeding the lesser of the
average life of
the energy conservation measures as detailed in
the energy
conservation report prepared under that section or
thirty years.
(D) Securities issued under section 505.265
of the
Revised
Code shall mature not later than December 31, 2035.
(E) A securities issue for one purpose may include
permanent
improvements within two or more categories under
divisions (B) and
(C) of this section. The maximum maturity of
such a bond issue
shall not exceed the average number of years of
life or period of
usefulness of the permanent improvements as
measured by the
weighted average of the amounts expended or
proposed to be
expended for the categories of permanent
improvements.
Sec. 3313.372. (A) As used in this section, "energy:
(1) "Energy
conservation measure" means an
installation or
modification of an
installation in, or remodeling
of, a building,
to reduce energy
consumption. It includes:
(1)(a) Insulation of the building structure and systems
within
the building;
(2)(b) 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)(c) Automatic energy control systems;
(4)(d) Heating, ventilating, or air conditioning system
modifications or replacements;
(5)(e) Caulking and weatherstripping;
(6)(f) 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)(g) Energy recovery systems;
(8)(h) 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)(i) Any other modification, installation, or remodeling
approved by the Ohio school facilities commission as an energy
conservation
measure.
(2) "Renewable 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 generate electricity from renewable energy
resources as defined in section 4928.01 of the Revised Code.
(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 renewable 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 In the case of the purchase and installation of
energy conservation measures, not less than one-fifteenth of the
costs thereof shall be paid within two years from the date of
purchase. The remaining balance of the costs thereof shall be paid
within fifteen years from the date of purchase.
(2) In the case of the purchase and installation of renewable
energy generation measures, not less than one-fifteenth
one-thirtieth of the costs
thereof shall be
paid within two years
from the date of purchase. The
(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 renewable
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
renewable 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)(1) No school district board shall enter into an
installment
payment contract under division (B) of this section
for the purchase and installation of energy conservation measures
unless it
first
obtains a report of the costs of the energy
conservation measures and the
savings thereof as described under
division (G)(1) 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
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.
(2) No school district board shall enter into an installment
payment contract under division (B) of this section for the
purchase and installation of renewable energy generation measures
unless the commission, as required by division (G)(2) of section
133.06 of the Revised Code, determines that the board's request to
enter
into the contract is reasonable and approves the contract
as
described in division (B) of this section.
Sec. 3313.377. (A) As used in this section, "renewable energy
system" means a system providing solar-sourced electricity or
electricity produced from wind energy or geothermal energy.
(B)(1) There is hereby established the renewable energy
schools
pilot program. Under the pilot program, within three
years after
the effective date of this section, school districts
in the state
with student enrollment of five thousand or more
shall install one
or more renewable energy systems on district
property in
accordance with the following:
(a) School districts with student enrollment of five thousand
to ten thousand students shall install a renewable energy system
equal to a minimum total of two hundred fifty kilowatts for the
district.
(b) School districts with student enrollment of more than ten
thousand students shall install a renewable energy system equal to
a minimum total of five hundred kilowatts for the district.
To meet this requirement, a renewable energy system may be
installed on or proximate to schools or other buildings or
facilities belonging to the district. The board of education of
each district participating in the pilot program shall designate
the particular schools, buildings, or other facilities that shall
install renewable energy systems.
(2) For use in the schools' curriculum, each district
participating in the pilot program shall set up a renewable energy
educational installation or demonstration module at every school
at which a renewable energy system is installed. Provision for
such installation or module shall be included as a condition of
the contract the district enters into pursuant to division (C) of
this section. If the district installs a renewable energy system
on a district building or facility other than a school, then the
district shall determine the location for the installation or
module.
(3)(a) In order to meet the electricity requirement of
division (B)(1) of this section, the board shall submit a request
for proposals to be published in a newspaper of general
circulation in the district once each week for a period of at
least two consecutive weeks prior to the date specified by the
board for receiving proposals. The request for proposal shall
include a general description of the district's proposed contract
to install renewable energy systems at one or more schools in the
district. In addition, the proposal shall indicate whether the
district intends to meet the electricity requirement of division
(B)(1) of this section through direct ownership of a renewable
energy system pursuant to an installment payment contract under
section 3313.372 of the Revised Code or through hosting a system
through a third-party provider contract pursuant to division (C)
of this section. Respondents to the proposal shall be among those
listed as eligible renewable energy installers by the Ohio energy
office within the department of development for the advanced
energy program and shall describe how their proposal meets the
electricity requirement of division (B)(1) of this section in a
manner that would be economic for the district regarding the
reasonably forecasted retail rate of electricity payable by the
district over a thirty-year period.
(b) When selecting a proposal for the district's pilot
program contract, the district shall take into consideration the
amount of the system components that would be manufactured in the
state and give preference to the proposal that includes the most
components manufactured in the state.
(c) If, within ninety days, no proposals have been received
that allow the district to enter into a contract so that
compliance with the electricity requirement of this section would
be economic as described in division (B)(3)(a) of this section,
with the result that the district is unable to comply with the
electricity requirement in division (B)(1) of this section, the
district may comply as close as possible to the requirement of
division (B)(1) of this section or may withdraw the request for
proposal and elect not to participate in the program.
(C)(1) To comply with division (B) of this section, the board
of education of a district participating in the pilot program
pursuant to this section shall provide for the installation,
operation, and maintenance of a renewable energy system on the
property of each designated school, building, or other facility.
The board may provide for such
system either by its direct
ownership of the system or by hosting
the system pursuant to a
contract with a third-party provider,
other than the school, that
shall own the system and install,
operate, and maintain the
system. In the case of direct ownership
of the system, the board
may enter into an installment payment
contract for renewable
energy generation measures pursuant to
section 3313.372 of the
Revised Code. In the case of a board
hosting
the system pursuant
to a contract with a third-party
provider, the
board shall enter
into a power purchase agreement
with the
third-party provider to
supply the designated school, building, or other facility
with the
electricity generated by the renewable energy system
installed at
the
school, building, or other facility.
(2) No board shall enter into a contract pursuant to this
section if the contract is in force for a period that is longer
than the period for which a renewable energy system installed in
the district is under written warranty of the manufacturer or
distributor of the system.
(3) If a board enters into a contract pursuant to this
section, the contract shall include a provision for the
termination of the contract.
(4) If a board enters into a contract with a third-party
provider pursuant to this section, the contract shall include a
provision describing the terms under which a district may purchase
the renewable energy system from the third-party provider.
(D) No school district shall purchase renewable energy
resource credits to meet the electricity requirement of division
(B)(1) of this
section.
(E) Not later than the thirtieth day of June in the years
2010, 2011, and 2012, each third-party provider that has
contracted with a district pursuant to division (C) of this
section shall submit to the Ohio energy office within the
department of development an annual status report of its
participation in the pilot program. Not later than the
thirty-first day of December in the years 2010, 2011, and 2012,
the office shall submit a report that provides the status of the
pilot program to the speaker of the house of representatives, the
minority leader of the house of representatives, the president of
the senate, and the minority leader of the senate. At a minimum
the report shall include the following:
(1) The number of school districts in the state that are
participating in the pilot program;
(2) The number of renewable energy systems installed within
each district;
(3) The total nameplate generating capacity of the renewable
energy systems installed within each district;
(4) Each district's estimated energy savings for the report
year.
The office may include in its report recommendations
regarding the pilot program, including recommendations as to
whether the pilot program should be expanded to permit more
districts to participate.
The general assembly shall conduct an evaluation of the pilot
program at the end of the three-year period. When conducting the
evaluation, the general assembly shall consider the office's
annual reports and the recommendations, if any, made by the
office.
Sec. 3313.46. (A) In addition to any other law governing
the bidding for
contracts by the board of education of any school
district, when any such
board determines to build, repair,
enlarge, improve, or demolish
any school building,
the cost of
which will exceed twenty-five thousand dollars, except in
cases of
urgent necessity, or for the security and protection of
school
property, and except as otherwise provided in division (D)
of
section 713.23 and in section 125.04 of the Revised Code, all of
the
following shall apply:
(1) The board shall cause to be prepared the plans,
specifications, and related information as required in divisions
(A), (B), and (D) of section 153.01 of the Revised Code unless the
board
determines that other information is sufficient to inform
any bidders of the
board's requirements. However, if the board
determines that such other
information is sufficient for bidding a
project, the board shall not engage in
the construction of any
such project involving the practice of professional
engineering,
professional surveying, or architecture, for which plans,
specifications, and estimates have not been made by, and the
construction
thereof inspected by, a licensed professional
engineer, licensed professional
surveyor, or registered architect.
(2) The board shall advertise for bids once each week for a
period of
not less than two
consecutive weeks in a
newspaper of
general circulation in the district
before
the date specified by
the board
for
receiving bids. The board may
also cause notice to
be inserted in trade papers or other
publications designated by
it or to be distributed by electronic
means, including posting
the notice on the board's internet web
site. If the board posts
the notice on its web site, it may
eliminate the second notice
otherwise required to be published in
a newspaper of general
circulation within the school district,
provided that the first
notice published in such newspaper meets
all of the following
requirements:
(a) It is published at least two weeks before the opening of
bids.
(b) It includes a statement that the notice is posted on the
board of education's internet web site.
(c) It includes the internet address of the board's internet
web site.
(d) It includes instructions describing how the notice may be
accessed on the board's internet web site.
(3) Unless the board extends the time for the opening of
bids
they shall be opened at the time and place specified by the board
in the
advertisement for the bids.
(4) Each bid shall contain the name of every person
interested therein. Each bid shall meet the requirements of
section 153.54
of the Revised Code.
(5) When both labor and materials are embraced in the work
bid for, the board may require that each be separately stated in
the bid, with the price thereof, or may require that bids be
submitted without such separation.
(6) None but the lowest responsible bid shall be accepted.
The board may reject all the bids, or accept any bid for both
labor and material for such improvement or repair, which is the
lowest in the aggregate. In all other respects, the award of
contracts for improvement or repair, but not for purchases made
under section 3327.08 of the Revised Code, shall be pursuant to
section 153.12 of the Revised Code.
(7) The contract shall be between the board and the
bidders.
The board shall pay the contract price for the work
pursuant to
sections 153.13 and 153.14 of the Revised Code. The
board shall
approve and retain the estimates referred to in
section 153.13 of
the Revised Code and make them available to the
auditor of state
upon request.
(8) When two or more bids are equal, in the whole, or in
any
part thereof, and are lower than any others, either may be
accepted, but in no case shall the work be divided between such
bidders.
(9) When there is reason to believe there is collusion or
combination among the bidders, or any number of them, the bids of
those concerned therein shall be rejected.
(B) Division (A) of this section does not apply to the board
of education of
any school district in any of the following
situations:
(1) The acquisition of educational materials used in
teaching.
(2) If the board determines and declares by resolution
adopted by two-thirds
of all its members that any item is
available and can be acquired only from a
single source.
(3) If the board declares by resolution adopted by two-thirds
of all its
members that division (A) of this section does not
apply to any installation,
modification, or remodeling involved in
any of either of the following:
(a) An energy conservation measure
undertaken through an
installment
payment contract under section 3313.372 of
the
Revised Code or
undertaken pursuant to division (G)(1) of section
133.06 of
the
Revised Code;
(b) A renewable energy generation measure, including a
renewable
energy system under section 3313.377 of the Revised
Code,
undertaken through an installment payment contract under
section
3313.372 of the Revised Code or undertaken pursuant to
division
(G)(2) of section 133.06 of the Revised Code.
(4) The acquisition of computer software for instructional
purposes and computer hardware for instructional purposes
pursuant
to division (B)(4) of section 3313.37 of the
Revised
Code.
(C) No resolution adopted pursuant to division (B)(2) or (3)
of this section
shall have any effect on whether sections 153.12
to 153.14 and 153.54 of the
Revised Code apply to the board of
education of any school district with
regard to any item.
Sec. 4928.62. (A) There is hereby created the advanced
energy
program, which shall be administered by
the director of
development. Under the program, the director may
authorize the use
of moneys in the advanced energy fund for financial, technical,
and related assistance for advanced energy projects in this state
or for economic development assistance, in furtherance of the
purposes set forth in section 4928.63 of the Revised Code. To the
extent
feasible given approved applications for assistance, the
assistance shall be
distributed among the certified territories of
electric distribution utilities
and participating electric
cooperatives, and among the service areas of
participating
municipal electric utilities, in amounts proportionate to the
remittances of each utility and cooperative under divisions (B)(1)
and (3) of section
4928.61 of the Revised Code.
The director
shall not authorize financial assistance for an
advanced energy project under the program unless
the director
first determines that the project will create new jobs or preserve
existing jobs in this state or use innovative technologies or
materials.
(B) In carrying out sections 4928.61 to 4928.63 of the
Revised Code, the
director may do all of the
following to further
the public interest in advanced energy projects and economic
development:
(1) Award grants, contracts, loans, loan participation
agreements, linked deposits, and energy production incentives;
(2) Acquire in the name of the director any property of any
kind
or character in accordance with this section, by purchase,
purchase at
foreclosure, or exchange, on such terms and in such
manner as the director
considers proper;
(3) Make and enter into all contracts and agreements
necessary
or incidental to the performance of the director's
duties and the exercise
of the director's powers under sections
4928.61 to 4928.63 of the Revised Code;
(4) Employ or enter into contracts with financial
consultants,
marketing consultants, consulting engineers,
architects, managers,
construction experts, attorneys, technical
monitors, energy evaluators, or
other employees or agents as the
director considers necessary, and
fix their compensation;
(5) Adopt rules prescribing the application procedures for
financial assistance under the advanced energy program; the terms
and conditions of any
grants, contracts, loans, loan participation
agreements, linked deposits, and energy production incentives;
criteria
pertaining to the eligibility of participating lending
institutions; and any
other matters necessary for the
implementation of the program;
(6) Do all things necessary and appropriate for the operation
of
the program.
(C) The department of development may hold ownership to any
unclaimed energy efficiency and renewable energy emission
allowances provided for in Chapter 3745-14 of the Administrative
Code or otherwise, that result from advanced energy projects that
receive funding from the advanced energy fund, and it may use the
allowances to further the public interest in advanced energy
projects or for economic development.
(D) Financial statements, financial data, and trade secrets
submitted to or received by the director from an applicant or
recipient of
financial assistance under sections 4928.61 to
4928.63
of the Revised Code, or any information taken from those
statements, data, or trade secrets for any purpose, are not public
records for the purpose of section 149.43 of the Revised Code.
(E) Nothing in the amendments of sections 4928.61, 4928.62,
and 4928.63 of the Revised Code by Sub. H.B. 251 of the 126th
general assembly shall affect any pending or effected assistance,
pending or effected purchases or exchanges of property made, or
pending or effected contracts or agreements entered into pursuant
to division (A) or (B) of this section as the section existed
prior to the effective date of those amendments, January 4, 2007,
or shall affect the exemption provided under division (C) of this
section as the section existed prior to that effective date.
(F) Any assistance a school district receives for an advanced
energy project, including a geothermal heating, ventilating, and
air conditioning system, and renewable energy generation measures
under sections 3313.372 and 3313.377 of the Revised Code, shall be
in addition to any assistance provided under Chapter 3318. of the
Revised Code and. Any assistance for an advanced energy project
under this division shall not be included as part of the district
or state portion of the basic project cost under that chapter
Chapter 3318. of the Revised Code.
Section 2. That existing sections 133.06, 133.20, 3313.372,
3313.46, and 4928.62 of the Revised Code
are hereby repealed.
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