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2020 Tennessee Code
Title 49 - Education
Chapter 17 - Energy Efficient Schools Initiative (Eesi) of 2008
§ 49-17-103. Creation of Energy Efficient Schools Council

Universal Citation: TN Code § 49-17-103 (2020)
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    1. There is created the energy efficient schools council. The council shall consist of twelve (12) members, including the commissioner of education, the commissioner of environment and conservation and the commissioner of economic and community development, or their designees, who shall serve as ex-officio members. The remaining members shall be appointed as follows:
      1. The governor shall appoint three (3) members as follows:
        1. One (1) member representing local governments, who shall serve an initial term of two (2) years;
        2. One (1) member representing school systems, who shall serve an initial term of three (3) years; and
        3. One (1) member representing the interests of the industries that provide natural gas and oil heating to school buildings;
      2. The speaker of the senate shall appoint three (3) members as follows:
        1. One (1) member who may be appointed from lists of qualified persons submitted by interested contractor groups, including, but not limited to, the board for licensing contractors, as provided for in title 62, chapter 6, who shall serve an initial term of two (2) years;
        2. One (1) member representing local school systems in this state, who shall serve an initial term of three (3) years; and
        3. One (1) member representing the Oak Ridge National Laboratory, who shall be an ex-officio, nonvoting member; and
      3. The speaker of the house of representatives shall appoint three (3) members as follows:
        1. One (1) member who may be appointed from lists of qualified persons submitted by interested architectural and engineering groups, including, but not limited to, the board of examiners for architects and engineers, as provided for in title 62, chapter 2;
        2. One (1) member representing local governments in this state, who shall serve an initial term of three (3) years; and
        3. One (1) member representing the Tennessee Valley authority, who shall be an ex-officio, nonvoting member.
    2. In making the appointments as provided in subdivisions (a)(1)(B)(i) and (C)(i), the appointing authorities shall consult with the interested contractor, architectural and engineering groups, including, but not limited to, the specific industries represented on the council to determine qualified persons to fill the positions.
    3. In making the appointments as provided in subdivision (a)(1), it is the legislative intent that the appointing authorities coordinate so that the membership of the council reflects the racial and social demographic makeup of this state.
  2. Each member shall serve a four-year term, unless otherwise provided in this chapter, and may be appointed for successive terms.
  3. The members of the council shall receive no compensation for their services; provided, that each member of the commission shall be eligible for reimbursement of expenses and mileage in accordance with the regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
  4. The council shall elect one (1) member to serve as president. The president will serve for a term of one (1) year. The council shall also elect a vice president and secretary, as well as any other officers as it deems necessary to perform the business of the entity.
  5. The purposes of the council are to:
    1. Approve the design and technology guidelines as established by the technical advisory committee as provided in subsection (j);
    2. Award grants or loans to school systems, charter schools, and the achievement school district for qualifying capital outlay projects, including projects where a provider has warranted predetermined energy use objectives under the criteria established by the technical advisory committee and approved by the council;
    3. Cause to be conducted verification of energy efficiencies achieved using the methodologies established by the technical advisory committee as provided in subsection (j);
    4. To the extent feasible, establish and support ongoing energy management programs; and
    5. Establish compensation policies for members of the technical advisory committee, unless otherwise prohibited in this chapter.
  6. The council shall have the authority to appoint a full-time executive director, who shall serve at the pleasure of the council. Other staff shall be employed on recommendation of the executive director with the approval of the council. Any employees under this section shall not have preferred service status, but council employees shall be subject to personnel policies applicable to state employees generally, such as leave, compensation, classification and travel requests.
  7. The council has the authority to raise funds, including, but not limited to, corporate funding and federal funding, to promote its activities and support ongoing programs; provided, that the council does not have the authority to borrow money without the express, prior approval of the state funding board.
    1. Except as prohibited by law, the council shall have all other power and authority necessary and convenient to effect the purposes of this chapter.
    2. All members of the council shall be subject to the conflict of interest provisions set forth in §§ 12-4-101 and 12-4-102.
  9. For administrative purposes, the energy efficient schools council shall be attached to the department of education for all administrative matters relating to receipts, disbursements, expense accounts, budget, audit and other related items. The autonomy of the council and its authority are not affected by this subsection (i), and neither the commissioner nor any other departmental official or employee shall have or exercise any administrative or supervisory control over the council.
    1. The council shall establish a technical advisory committee.
    2. The purpose of the technical advisory committee is as follows:
      1. Establish energy efficient design and technology guidelines for all kindergarten through grade twelve (K-12) school facilities, including, but not limited to, lighting and HVAC guidelines, as well as establishing criteria whereby projects that have been warranted for a predetermined energy use shall be eligible;
      2. Establish methodology guidelines for post-audit verification of energy efficiencies achieved, if any, by qualifying capital outlay projects awarded by the council;
      3. Establish guidelines for commissioning verification controls to monitor on an ongoing basis the efficiency and effectiveness of qualifying capital outlay projects awarded by the council, including recommendations for utilization of energy managers where feasible; and
      4. Any additional duties required by the council in furtherance of the council's goals.
    3. The technical advisory committee shall be composed of seven (7) members as follows:
      1. The council members representing the interests of the Oak Ridge National Laboratory and the Tennessee Valley authority shall serve as ex-officio members and shall serve as co-chairs; and
      2. The council shall appoint the remaining five (5) members as follows:
        1. One (1) member shall have obtained a professional engineer certification, preferably with a background in mechanical engineering, but may be either active or retired;
        2. Two (2) members shall have a background in sustainable building design, including, but not limited to, persons with LEED AP certification or background in Green Globes design and management;
        3. One (1) member representing the Tennessee Valley Public Power Association; and
        4. One (1) member shall have obtained a professional engineering certification and be experienced in performance-based energy accountable construction processes.
    4. The members appointed under subdivision (j)(3)(B) shall serve at the pleasure of the council, except for the ex-officio members who shall be appointed as provided in this chapter, and shall be provided access to staff resources serving the council.
    5. Non-ex-officio members shall be entitled to receive compensation determined by the council as provided in this chapter.
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