Proposed Amendments to Part 151 (School Construction Program)
P.A. 96-37, effective August 25, 2009, adds Section 5-200 to the School Construction Law to establish a grant program for energy efficiency purposes. Under the law, School Energy Efficiency grants are limited to $250,000 per grant each fiscal year, although a school district may receive more than one grant a year. Of the amount appropriated for the grant program, 20 percent must be awarded to City of Chicago School District 299. In order to receive a grant, a school district must provide a local match in an amount equal to the amount of the grant received. This match can be from local funds or eligible federal or other funds.
As of this time, no money has been appropriated for the grant program; however, it is anticipated that funding could become available before the end of the school year. For this reason, it is proposed that new Subpart C be added to Part 151 (School Construction Program) to set forth the process for requesting grant funds, eligibility requirements for energy efficiency projects, restrictions on the use of the funds, and the manner in which districts will account for the grant funds received. Moving forward with the rulemaking now will enable requirements to be in place, should grant money become available, by March or April when school districts typically begin their bidding process for summer projects.
The statutory requirements for the School Energy Efficiency Project Grants are nearly identical to those for the School Maintenance Project Grants; therefore the applicable requirements from Subpart B are being repeated in Subpart C. These requirements are familiar to school districts and other eligible applicants. In particular, energy efficiency grant applications will be funded in the same manner as school maintenance grants in years in which the appropriation is insufficient to fund all approvable applications (see Section 151.230). Agency staff also will be shifting to an electronic application process, and that change is reflected in the proposal for both school maintenance and energy efficiency project grants.
In defining allowable energy efficiency projects in Section 151.210, agency staff consulted Section 19b-1.1 of the School Code, which addresses School Energy Conservation and Saving Measures. A list of the types of projects that could be conducted under the energy efficient program is included as an example for applicants, but is not meant to be exhaustive.
Other changes in Part 151 result from the enactment of P. A. 96-731, effective August 25, 2009. This law limits eligibility for school construction and school maintenance grants to only school districts, Type 40 area vocational centers, and cooperative high schools. Corresponding changes have been made in Sections 151.20 and 151.100. (Type 40 area vocational centers are career centers that are designated by the agency and are jointly owned and operated by member school districts. Currently, there are 13 such centers in operation.)
Initial Review by State Board of Education: October 2009