HB 255 (BR 431) - R. Adkins, C. Rollins II, J. Arnold Jr., L. Belcher, R. Bunch, H. Collins, L. Combs, W. Coursey, R. Crimm, J. DeCesare, M. Denham, T. Edmonds, K. Flood, D. Floyd, D. Graham, J. Greer, K. Hall, R. Henderson, D. Horlander, B. Housman, J. Jenkins, D. Keene, M. King, M. Marzian, T. McKee, C. Miller, R. Nelson, F. Nesler, S. Overly, R. Palumbo, S. Riggs, T. Riner, A. Simpson, K. Sinnette, R. Smart, W. Stone, T. Thompson, J. Wayne, S. Westrom, B. Yonts
AN ACT relating to the promotion of energy efficiency and making an appropriation therefor.
Create new sections of KRS Chapter 157 to establish the Kentucky Green Schools Authority as an independent agency attached to the Finance and Administration Cabinet for the purpose of promoting energy efficiency in school buildings through technical assistance, expertise, and financing to undertake guaranteed energy savings performance contract projects; define terms; establish the green schools fund as a revolving fund to be used to provide financing; establish financing program terms; grant revenue bond issuance powers to the authority; provide that authority revenue bonds are not general obligation bonds of the Commonwealth; amend KRS 45A.345, 45A.352, and 45A.353 to conform; amend KRS 45A.840 and 45A.850 to include the authority as a bond issuing agency and allow for procurement of bond counsel services; amend various other sections to conform; amend KRS 12.020 to attach the authority to the Finance and Administration Cabinet; amend KRS 42.584 to conform; amend KRS 103.200 to make technical corrections; amend KRS 103.210 and 103.240 to clarify that industrial revenue bonds may be issued to assist with increasing energy efficiency in manufacturing facilities; amend KRS 103.286 to reserve 10% of the state private activity bond cap for small or medium-sized manufacturing facility energy efficiency bond projects issued by the Kentucky Economic Development Finance Authority (KEDFA); create a new section of KRS 103.200 to 103.285 to provide that KEDFA shall have the sole authority to review and issue these types of bonds; state terms for review and approval of bond proposals; amend KRS 152.712 to direct the Department for Energy Development and Independence to provide technical assistance to local governments, area development districts, housing authorities, and school districts regarding methods to maximize energy conservation and efficiency; create a new section of KRS Chapter 152 to establish a pilot program for assisting school districts with obtaining LEED certification for existing buildings; reallocate an existing bond authorization to the green schools fund.
HB 255 - AMENDMENTS
HCS - Retain original provisions with the following changes: clarify that financial assistance arrangements between the Green Schools Authority and school districts are energy conservation assistance agreements as defined; amend membership of the authority to include the dean of the J.B. School of Engineering and a member of the Kentucky Chapter of the U.S. Green Building Council; allow the Energy and Environment Cabinet to contract with the Kentucky Pollution Prevention Center to administer the provisions of the bill as they relate to duties of the cabinet; allow for the authority to use any moneys not received from bond proceeds to provide grants to school districts to employ energy managers; make conforming changes to certain defined terms; explicitly allow a school district to replace or upgrade classroom education technology, or modular classrooms, with more efficient units as part of a guaranteed energy savings performance contract; update statutory reference to certain measurement and verification protocols to reflect the current protocol terminology; amend criteria to be used by the commissioner of education in review of proposed school projects; amend industrial revenue bond provisions to allow any issuer to issue bonds for small or medium-sized manufacturer facility energy efficiency projects, rather than solely KEDFA, if said project will be performed by an accredited energy service company and will realize cost savings sufficient to pay for the project cost within a seven (7) year payback period; amend provisions of the school district LEED certification pilot project to require school district officials to be present at the initial energy audit.
HFA (1, B. Farmer) - Exempt projects undertaken by a school district with financing provided by the Green Schools Authority from prevailing wage requirements.
HFA (2, B. Farmer) - Exempt projects undertaken by a school district with financing provided by the Green Schools Authority from prevailing wage requirements.
HFA (3, B. Farmer) - Mandate that insurance is required for Green Schools Authority financing, not optional.
HFA (4, B. Farmer) - Mandate that insurance is required for Green Schools Authority financing, not optional.
SCS - Delete original provisions; provide a sales tax refund for the purchase of building materials to repair or replace a building damaged or destroyed during a disaster; require the commissioner of education to waive up to 10 instructional days for a school district located in a county in which a disaster has been declared; allow a school district located in a county in which a disaster has been declared to substitute attendance data for school year 2010-2011 for attendance data for school year 2011-2012 for the purpose of calculating support education excellence in Kentucky funds; require that certified and classified personnel of a school district located in a county in which a disaster has been declared to make up any student instructional days waived by participating in instructional activities or professional development or by being assigned additional work responsibilities; apply retroactively to the disaster occurring on February 29, 2012 to March 3, 2012; declare an EMERGENCY.
SCA (1/Title, B. Leeper) - Make title amendment.
Jan 12-introduced in House
Jan 17-to Education (H)
Jan 18-posting waived
Jan 31-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 1-2nd reading, to Rules; floor amendment (1) filed to Committee Substitute, floor amendment (2) filed
Feb 8-posted for passage in the Regular Orders of the Day for Thursday, February 9, 2012
Feb 15-floor amendment (3) filed to Committee Substitute, floor amendment (4) filed
Feb 16-floor amendments (1) and (2) withdrawn
Feb 27-3rd reading, passed 96-1 with Committee Substitute
Feb 28-received in Senate
Mar 5-to Appropriations & Revenue (S)
Mar 26-taken from Appropriations & Revenue (S); 1st reading; returned to Appropriations & Revenue (S)
Mar 27-taken from Appropriations & Revenue (S); 2nd reading; returned to Appropriations & Revenue (S)
Mar 30-reported favorably, to Rules with Committee Substitute, committee amendment (1-title) ; placed in the Orders of the Day; 3rd reading, passed 37-0 with Committee Substitute, committee amendment (1-title) ; received in House; to Rules (H); posted for passage for concurrence in Senate Committee Substitute, committee amendment (1-title) ; House concurred in Senate Committee Substitute, committee amendment (1-title) ; passed 80-0; enrolled, signed by Speaker of the House
Apr 12-enrolled, signed by President of the Senate; delivered to Governor
Apr 16-signed by Governor (Acts ch. 145)