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General Assembly Bill No. 1210
July Special Session, 2019
LCO No. 11167
Referred to Committee on No Committee
Introduced by:
SEN. LOONEY, 11
th
Dist.
SEN. DUFF, 25
th
Dist.
REP. ARESIMOWICZ, 30
th
Dist.
REP. RITTER M., 1
st
Dist.
AN ACT CONCERNING AU THORIZATION OF STATE GRANT
COMMITMENTS FOR SCHO OL BUILDING PROJECTS .
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective from passage) The Commissioner of 1
Administrative Services, having reviewed applications for state grants 2
for public school building projects in accordance with section 10-283 of 3
the general statutes, as amended by this act, on the basis of priorities 4
for such projects and standards for school construction established by 5
the State Board of Education, and having prepared a listing of all such 6
eligible projects ranked in order of priority, as determined by said 7
commissioner together with the amount of the estimated grant with 8
respect to each eligible project, and having submitted such listing of 9
eligible projects, prior to December 15, 2018, to a committee of the 10
General Assembly established under section 10-283a of the general 11
statutes for the purpose of reviewing such listing, is hereby authorized 12
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to enter into grant commitments on behalf of the state in accordance 13
with said section 10-283 with respect to the priority listing of such 14
projects and in such estimated amounts as approved by said 15
committee prior to February 1, 2019, as follows: 16
Estimated Grant Commitments. 17
T1 School District Estimated Estimated
T2 School Project Costs Grant
T3 Project Number
T4
T5 BRIDGEPORT
T6 Bassick High School
T7 19DASY015180N0619 $115,000,000 $90,769,500
T8
T9 ENFIELD
T10 John F. Kennedy Middle School
T11 19DASY049140RN0619 $84,373,294 $59,365,050
T12
T13 NORWALK
T14 Norwalk High School
T15 19DASY103249ACV0619 $4,228,203 $1,404,186
T16
T17 SIMSBURY
T18 Henry James Memorial School
T19 19DASY128109ACV0619 $23,965,620 $8,301,691
T20
T21 FAIRFIELD
T22 Fairfield Ludlow High School
T23 19DASY051147A0619 $122,764 $31,133
T24
T25 FAIRFIELD
T26 Fairfield Warde High School
T27 19DASY051148A0619 $222,486 $56,422
T28
T29 MIDDLETOWN
T30 Middletown High School (Vo-Ag Center)
T31 19DASY083119VE0619 $123,690 $98,952
T32
T33 NEWINGTON
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T34 Transition Academy at Town Hall
T35 19DASY094107N0619 $1,001,341 $472,032
Sec. 2. Subdivision (2) of subsection (a) of section 10-283 of the 18
general statutes is repealed and the following is substituted in lieu 19
thereof (Effective from passage): 20
(2) The Commissioner of [Education] Administrative Services shall 21
assign each school building project to a category on the basis of 22
whether such project is primarily required to: (A) Create new facilities 23
or alter existing facilities to provide for mandatory instructional 24
programs pursuant to this chapter, for physical education facilities in 25
compliance with Title IX of the Elementary and Secondary Education 26
Act of 1972 where such programs or such compliance cannot be 27
provided within existing facilities or for the correction of code 28
violations which cannot be reasonably addressed within existing 29
program space; (B) create new facilities or alter existing facilities to 30
enhance mandatory instructional programs pursuant to this chapter or 31
provide comparable facilities among schools to all students at the same 32
grade level or levels within the school district unless such project is 33
otherwise explicitly included in another category pursuant to this 34
section; and (C) create new facilities or alter existing facilities to 35
provide supportive services, provided in no event shall such 36
supportive services include swimming pools, auditoriums, outdoor 37
athletic facilities, tennis courts, elementary school playgrounds, site 38
improvement or garages or storage, parking or general recreation 39
areas. All applications submitted prior to July first shall be reviewed 40
promptly by the Commissioner of Administrative Services. The 41
Commissioner of Administrative Services shall estimate the amount of 42
the grant for which such project is eligible, in accordance with the 43
provisions of section 10-285a, as amended by this act, provided an 44
application for a school building project determined by the 45
Commissioner of Education to be a project that will assist the state in 46
meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. 47
v. William A. O'Neill, et al., as extended, or the goals of the 2013 48
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stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., 49
as extended, shall have until September first to submit an application 50
for such a project and may have until December first of the same year 51
to secure and report all local and state approvals required to complete 52
the grant application. The Commissioner of Administrative Services 53
shall annually prepare a listing of all such eligible school building 54
projects listed by category together with the amount of the estimated 55
grants for such projects and shall submit the same to the Governor, the 56
Secretary of the Office of Policy and Management and the General 57
Assembly on or before the fifteenth day of December, except as 58
provided in section 10-283a, with a request for authorization to enter 59
into grant commitments. On or before December thirty-first annually, 60
the Secretary of the Office of Policy and Management [shall] may 61
submit comments and recommendations regarding each eligible 62
project on such listing of eligible school building projects to the school 63
construction committee, established pursuant to section 10-283a. Each 64
such listing shall include a report on the following factors for each 65
eligible project: (i) An enrollment projection and the capacity of the 66
school, (ii) a substantiation of the estimated total project costs, (iii) the 67
readiness of such eligible project to begin construction, (iv) efforts 68
made by the local or regional board of education to redistrict, 69
reconfigure, merge or close schools under the jurisdiction of such 70
board prior to submitting an application under this section, (v) 71
enrollment and capacity information for all of the schools under the 72
jurisdiction of such board for the five years prior to application for a 73
school building project grant, (vi) enrollment projections and capacity 74
information for all of the schools under the jurisdiction of such board 75
for the eight years following the date such application is submitted, 76
and (vii) the state's education priorities relating to reducing racial and 77
economic isolation for the school district. For the period beginning July 78
1, 2006, and ending June 30, 2012, no project, other than a project for a 79
technical education and career school, may appear on the separate 80
schedule of authorized projects which have changed in cost more than 81
twice. On and after July 1, 2012, no project, other than a project for a 82
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technical education and career school, may appear on the separate 83
schedule of authorized projects which have changed in cost more than 84
once, except the Commissioner of Administrative Services may allow a 85
project to appear on such separate schedule of authorized projects a 86
second time if the town or regional school district for such project can 87
demonstrate that exigent circumstances require such project to appear 88
a second time on such separate schedule of authorized projects. 89
Notwithstanding any provision of this chapter, no projects which have 90
changed in scope or cost to the degree determined by the 91
Commissioner of Administrative Services, in consultation with the 92
Commissioner of Education, shall be eligible for reimbursement under 93
this chapter unless it appears on such list. The percentage determined 94
pursuant to section 10-285a, as amended by this act, at the time a 95
school building project on such schedule was originally authorized 96
shall be used for purposes of the grant for such project. On and after 97
July 1, 2006, a project that was not previously authorized as an 98
interdistrict magnet school shall not receive a higher percentage for 99
reimbursement than that determined pursuant to section 10-285a, as 100
amended by this act, at the time a school building project on such 101
schedule was originally authorized. The General Assembly shall 102
annually authorize the Commissioner of Administrative Services to 103
enter into grant commitments on behalf of the state in accordance with 104
the commissioner's categorized listing for such projects as the General 105
Assembly shall determine. The Commissioner of Administrative 106
Services may not enter into any such grant commitments except 107
pursuant to such legislative authorization. Any regional school district 108
which assumes the responsibility for completion of a public school 109
building project shall be eligible for a grant pursuant to subdivision (5) 110
or (6), as the case may be, of subsection (a) of section 10-286 when such 111
project is completed and accepted by such regional school district. 112
Sec. 3. (NEW) (Effective from passage) Any school building committee 113
established by a town or regional school district to undertake a school 114
building project, as defined in section 10-282 of the general statutes, 115
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shall include at least one member who has experience in the 116
construction industry. 117
Sec. 4. Subsection (c) of section 10-286h of the general statutes is 118
repealed and the following is substituted in lieu thereof (Effective from 119
passage): 120
(c) Eligible local or regional boards of education, for purposes of a 121
diversity school, shall be eligible for [reimbursement of eighty per cent 122
of the] a school building project grant with a reimbursement 123
percentage determined in accordance with the provisions of subsection 124
(j) of section 10-285a, as amended by this act. Such grant shall be used 125
for the reasonable cost of any capital expenditure for the purchase, 126
construction, extension, replacement, leasing or major alteration of 127
diversity school facilities, including any expenditure for the purchase 128
of equipment, in accordance with this section. To be eligible for 129
reimbursement under this section, a diversity school construction 130
project shall meet the requirements for a school building project 131
established in this chapter, except that the Commissioner of 132
Administrative Services may waive any requirement in this chapter for 133
good cause. 134
Sec. 5. Section 10-285a of the general statutes is amended by adding 135
subsection (j) as follows (Effective from passage): 136
(NEW) (j) The percentage determined pursuant to this section for a 137
school building project grant for a diversity school, approved pursuant 138
to section 10-286h, as amended by this act, shall be increased by ten 139
percentage points. 140
Sec. 6. Subsection (b) of section 10-287 of the general statutes is 141
repealed and the following is substituted in lieu thereof (Effective July 142
1, 2020): 143
(b) (1) All orders and contracts for school building construction 144
receiving state assistance under this chapter, except as provided in 145
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[subdivision] subdivisions (2) to (4), inclusive, of this subsection, shall 146
be awarded to the lowest responsible qualified bidder only after a 147
public invitation to bid, which shall be advertised in a newspaper 148
having circulation in the town in which construction is to take place, 149
except for (A) school building projects for which the town or regional 150
school district is using a state contract pursuant to subsection (d) of 151
section 10-292, and (B) change orders, those contracts or orders costing 152
less than ten thousand dollars and those of an emergency nature, as 153
determined by the Commissioner of Administrative Services, in which 154
cases the contractor or vendor may be selected by negotiation, 155
provided no local fiscal regulations, ordinances or charter provisions 156
conflict. 157
(2) All orders and contracts for architectural [or construction 158
management] services shall be awarded from a pool of not more than 159
the four most responsible qualified proposers after a public selection 160
process. Such process shall, at a minimum, involve requests for 161
qualifications, followed by requests for proposals, including fees, from 162
the proposers meeting the qualifications criteria of the request for 163
qualifications process. Public advertisements shall be required in a 164
newspaper having circulation in the town in which construction is to 165
take place, except for school building projects for which the town or 166
regional school district is using a state contract pursuant to subsection 167
(d) of section 10-292. Following the qualification process, the awarding 168
authority shall evaluate the proposals to determine the four most 169
responsible qualified proposers using those criteria previously listed in 170
the requests for qualifications and requests for proposals for selecting 171
architectural [or construction management] services specific to the 172
project or school district. Such evaluation criteria shall include due 173
consideration of the proposer's pricing for the project, experience with 174
work of similar size and scope as required for the order or contract, 175
organizational and team structure, including any subcontractors to be 176
utilized by the proposer, for the order or contract, past performance 177
data, including, but not limited to, adherence to project schedules and 178
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project budgets and the number of change orders for projects, the 179
approach to the work required for the order or contract and 180
documented contract oversight capabilities, and may include criteria 181
specific to the project. Final selection by the awarding authority is 182
limited to the pool of the four most responsible qualified proposers 183
and shall include consideration of all criteria included within the 184
request for proposals. As used in this subdivision, "most responsible 185
qualified proposer" means the proposer who is qualified by the 186
awarding authority when considering price and the factors necessary 187
for faithful performance of the work based on the criteria and scope of 188
work included in the request for proposals. 189
(3) (A) All orders and contracts for construction management 190
services shall be awarded from a pool of not more than the four most 191
responsible qualified proposers after a public selection process. Such 192
process shall, at a minimum, involve requests for qualifications, 193
followed by requests for proposals, including fees, from the proposers 194
meeting the qualifications criteria of the request for qualifications 195
process. Public advertisements shall be required in a newspaper 196
having circulation in the town in which construction is to take place, 197
except for school building projects for which the town or regional 198
school district is using a state contract pursuant to subsection (d) of 199
section 10-292. Following the qualification process, the awarding 200
authority shall evaluate the proposals to determine the four most 201
responsible qualified proposers using those criteria previously listed in 202
the requests for qualifications and requests for proposals for selecting 203
construction management services specific to the project or school 204
district. Such evaluation criteria shall include due consideration of the 205
proposer's pricing for the project, experience with work of similar size 206
and scope as required for the order or contract, organizational and 207
team structure for the order or contract, past performance data, 208
including, but not limited to, adherence to project schedules and 209
project budgets and the number of change orders for projects, the 210
approach to the work required for the order or contract, including 211
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whether the proposer intends to self-perform any project element and 212
the benefit to the awarding authority that will result from such self-213
performance, and documented contract oversight capabilities, and may 214
include criteria specific to the project. Final selection by the awarding 215
authority is limited to the pool of the four most responsible qualified 216
proposers and shall include consideration of all criteria included 217
within the request for proposals. As used in this subdivision, "most 218
responsible qualified proposer" means the proposer who is qualified 219
by the awarding authority when considering price and the factors 220
necessary for faithful performance of the work based on the criteria 221
and scope of work included in the request for proposals. 222
(B) Upon the written approval of the Commissioner of 223
Administrative Services, an awarding authority may permit a 224
construction manager to self-perform a portion of the construction 225
work if the awarding authority and the commissioner determine that 226
the construction manager can self-perform the work more cost-227
effectively than a subcontractor. All work not performed by the 228
construction manager shall be performed by trade subcontractors 229
selected by a process approved by the awarding authority and the 230
commissioner. The construction manager's contract shall include a 231
guaranteed maximum price for the cost of construction. Such 232
guaranteed maximum price shall be determined not later than ninety 233
days after the selection of the trade subcontractors. Construction shall 234
not begin prior to the determination of the guaranteed maximum 235
price, except work relating to site preparation and demolition may 236
commence prior to such determination. 237
(4) All orders and contracts for any other consultant services, 238
including, but not limited to, consultant services rendered by an 239
owner's representatives, construction administrators, program 240
managers, environmental professionals, planners and financial 241
specialists, shall comply with the public selection process described in 242
subdivision (2) of this subsection. No costs associated with an order or 243
contract for such consultant services shall be eligible for state financial 244
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assistance under this chapter unless such order or contract receives 245
prior approval from the Commissioner of Administrative Services. 246
Sec. 7. Subdivision (1) of subsection (b) of section 10-283 of the 247
general statutes is repealed and the following is substituted in lieu 248
thereof (Effective from passage): 249
(b) (1) Notwithstanding the application date requirements of this 250
section, at any time within the limit of available grant authorization 251
and within the limit of appropriated funds, the Commissioner of 252
Administrative Services, in consultation with the Commissioner of 253
Education, may approve applications for grants and make payments 254
for such grants, for any of the following reasons: (A) To assist school 255
building projects to remedy damage from fire and catastrophe, (B) to 256
correct safety, health and other code violations, (C) to replace roofs, 257
including the replacement or installation of skylights as part of the roof 258
replacement project, (D) to remedy a certified school indoor air quality 259
emergency, (E) to install insulation for exterior walls and attics, [or] (F) 260
to purchase and install a limited use and limited access elevator, 261
windows, photovoltaic panels, wind generation systems, building 262
management systems, a public school administrative or service facility 263
or portable classroom buildings, provided portable classroom building 264
projects shall not create a new facility or cause an existing facility to be 265
modified so that the portable buildings comprise a substantial 266
percentage of the total facility area, as determined by the 267
commissioner, or (G) for school security projects, including, but not 268
limited to, making improvements to existing school security 269
infrastructure or installing new school security infrastructure. 270
Sec. 8. (Effective from passage) (a) Notwithstanding the provisions of 271
section 10-285a of the general statutes, as amended by this act, or any 272
regulation adopted by the State Board of Education or the Department 273
of Administrative Services pursuant to said section 10-285a concerning 274
the reimbursement percentage that a local board of education may be 275
eligible to receive for a school building project, the town of Hartford 276
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may use the reimbursement rate of ninety-five per cent for the 277
renovation project at Martin Luther King Jr. Elementary School (Project 278
Number 064-0310 RNV) for the purpose of implementing the District 279
Model for Excellence Restructuring Recommendations and School 280
Closures approved by the board of education for the Hartford school 281
district on January 23, 2018. 282
(b) Notwithstanding the provisions of section 10-283 of the general 283
statutes, as amended by this act, or any regulation adopted by the State 284
Board of Education or the Department of Administrative Services 285
pursuant to said section 10-283 concerning ineligible costs, the town of 286
Hartford shall be eligible to receive reimbursement for certain 287
ineligible costs for the renovation project at Martin Luther King Jr. 288
Elementary School (Project Number 064-0310 RNV), provided such 289
ineligible costs do not exceed two million dollars and such project 290
meets all other provisions of chapter 173 of the general statutes or any 291
regulation adopted by the State Board of Education or the Department 292
of Administrative Services. 293
Sec. 9. (Effective from passage) (a) Notwithstanding the provisions of 294
section 10-283 of the general statutes, as amended by this act, or any 295
regulation adopted by the State Board of Education or the Department 296
of Administrative Services pursuant to said section 10-283 requiring a 297
completed grant application be submitted prior to June 30, 2018, the 298
code violation project at Burns Latino Studies Academy (Project 299
Number 064-0312 CV) in the town of Hartford with costs not to exceed 300
forty-seven million seven hundred thousand dollars shall be included 301
in subdivision (1) of section 1 of this act and shall subsequently be 302
considered for a grant commitment from the state, provided the town 303
of Hartford files an application for such school building project prior 304
to October 1, 2019, and meets all other provisions of chapter 173 of the 305
general statutes or any regulation adopted by the State Board of 306
Education or the Department of Administrative Services pursuant to 307
said chapter 173 and is eligible for grant assistance pursuant to said 308
chapter 173. 309
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(b) Notwithstanding the provisions of section 10-285a of the general 310
statutes, as amended by this act, or any regulation adopted by the State 311
Board of Education or the Department of Administrative Services 312
pursuant to said section 10-285a concerning the reimbursement 313
percentage that a local board of education may be eligible to receive for 314
a school building project, the town of Hartford may use the 315
reimbursement rate of ninety-five per cent for the code violation 316
project at Burns Latino Studies Academy (Project Number 064-0312 317
CV) for the purpose of implementing the District Model for Excellence 318
Restructuring Recommendations and School Closures approved by the 319
board of education for the Hartford school district on January 23, 2018. 320
(c) Notwithstanding the provisions of section 10-283 of the general 321
statutes, as amended by this act, or any regulation adopted by the State 322
Board of Education or the Department of Administrative Services 323
pursuant to said section 10-283 requiring that the description of a 324
project type for a school building project be made at the time of 325
application for a school building project grant and the provisions of 326
subdivision (18) of section 10-282 of the general statutes, or any 327
regulation adopted by the State Board of Education or the Department 328
of Administrative Services pursuant to said section 10-282 concerning 329
the definition of renovation, the town of Hartford may change the 330
description of the code violation project at Burns Latino Studies 331
Academy (Project Number 064-0312 CV) to a renovation project and 332
subsequently qualify as a renovation, as defined in subdivision (18) of 333
said section 10-282. 334
Sec. 10. (Effective from passage) (a) Notwithstanding the provisions of 335
section 10-283 of the general statutes, as amended by this act, or any 336
regulation adopted by the State Board of Education or the Department 337
of Administrative Services pursuant to said section 10-283 requiring a 338
completed grant application be submitted prior to June 30, 2018, the 339
renovation project at Bulkeley High School (Project Number 064-0313 340
RNV) in the town of Hartford with costs not to exceed one hundred 341
forty-nine million dollars shall be included in subdivision (1) of section 342
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1 of this act and shall subsequently be considered for a grant 343
commitment from the state, provided the town of Hartford files an 344
application for such school building project prior to October 1, 2019, 345
and meets all other provisions of chapter 173 of the general statutes or 346
any regulation adopted by the State Board of Education or the 347
Department of Administrative Services pursuant to said chapter 173 348
and is eligible for grant assistance pursuant to said chapter 173. 349
(b) Notwithstanding the provisions of section 10-285a of the general 350
statutes, as amended by this act, or any regulation adopted by the State 351
Board of Education or the Department of Administrative Services 352
pursuant to said section 10-285a concerning the reimbursement 353
percentage that a local board of education may be eligible to receive for 354
a school building project, the town of Hartford may use the 355
reimbursement rate of ninety-five per cent for the renovation project at 356
Bulkeley High School (Project Number 064-0313 RNV) for the purpose 357
of implementing the District Model for Excellence Restructuring 358
Recommendations and School Closures approved by the board of 359
education for the Hartford school district on January 23, 2018. 360
Sec. 11. (Effective from passage) Notwithstanding the provisions of 361
section 10-285a of the general statutes, as amended by this act, or any 362
regulation adopted by the State Board of Education or the Department 363
of Administrative Services pursuant to said section 10-285a concerning 364
the reimbursement percentage that a local board of education may be 365
eligible to receive for a school building project, the town of Hartford 366
may use the reimbursement rate of ninety-five per cent for any school 367
building project related to the implementation of the District Model for 368
Excellence Restructuring Recommendations and School Closures 369
approved by the board of education for the Hartford school district on 370
January 23, 2018, provided the town of Hartford files an application for 371
such school building project prior to June 30, 2022, and meets all other 372
provisions of chapter 173 of the general statutes or any regulation 373
adopted by the State Board of Education or the Department of 374
Administrative Services pursuant to said chapter 173 and is eligible for 375
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grant assistance pursuant to said chapter 173. 376
Sec. 12. (Effective from passage) (a) Except as otherwise provided in 377
subsection (b) of this section, notwithstanding the provisions of section 378
10-285a of the general statutes, as amended by this act, or any 379
regulation adopted by the State Board of Education or the Department 380
of Administrative Services pursuant to said section 10-285a concerning 381
the reimbursement percentage that a local board of education may be 382
eligible to receive for a school building project, the town of Tolland 383
may use the reimbursement rate of eighty-nine per cent for the 384
renovation project at Birch Grove Primary School (Project Number 142-385
0083) to address the emergency situation at said school relating to the 386
presence of pyrrhotite in the foundation. 387
(b) Notwithstanding the provisions of section 10-285a of the general 388
statutes, as amended by this act, or any regulation adopted by the State 389
Board of Education or the Department of Administrative Services 390
pursuant to said section 10-285a concerning the reimbursement 391
percentage that a local board of education may be eligible to receive for 392
a school building project, the town of Tolland may use the 393
reimbursement rate of one hundred per cent for the portable 394
classrooms project at Birch Grove Primary School (Project Number 395
142-0081) to address the emergency situation at said school relating to 396
the presence of pyrrhotite in the foundation. 397
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 from passage 10-283(a)(2)
Sec. 3 from passage New section
Sec. 4 from passage 10-286h(c)
Sec. 5 from passage 10-285a
Sec. 6 July 1, 2020 10-287(b)
Sec. 7 from passage 10-283(b)(1)
Sec. 8 from passage New section
Sec. 9 from passage New section
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Sec. 10 from passage New section
Sec. 11 from passage New section
Sec. 12 from passage New section