Senate Bill No. 1210
July Special Session, Public Act No. 19-1
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
Administrative Services, having reviewed applications for state grants
for public school building projects in accordance with section 10-283 of
the general statutes, as amended by this act, on the basis of priorities
for such projects and standards for school construction established by
the State Board of Education, and having prepared a listing of all such
eligible projects ranked in order of priority, as determined by said
commissioner together with the amount of the estimated grant with
respect to each eligible project, and having submitted such listing of
eligible projects, prior to December 15, 2018, to a committee of the
General Assembly established under section 10-283a of the general
statutes for the purpose of reviewing such listing, is hereby authorized
to enter into grant commitments on behalf of the state in accordance
with said section 10-283 with respect to the priority listing of such
projects and in such estimated amounts as approved by said
committee prior to February 1, 2019, as follows:
Estimated Grant Commitments. Senate Bill No. 1210
July Sp. Sess., Public Act No. 19-1 2 of 15
School District Estimated Estimated
School Project Costs Grant
Project Number
BRIDGEPORT
Bassick High School
19DASY015180N0619 $115,000,000 $90,769,500
ENFIELD
John F. Kennedy Middle School
19DASY049140RN0619 $84,373,294 $59,365,050
NORWALK
Norwalk High School
19DASY103249ACV0619 $4,228,203 $1,404,186
SIMSBURY
Henry James Memorial School
19DASY128109ACV0619 $23,965,620 $8,301,691
FAIRFIELD
Fairfield Ludlow High School
19DASY051147A0619 $122,764 $31,133
FAIRFIELD
Fairfield Warde High School
19DASY051148A0619 $222,486 $56,422
MIDDLETOWN
Middletown High School (Vo-Ag Center)
19DASY083119VE0619 $123,690 $98,952
NEWINGTON
Transition Academy at Town Hall
19DASY094107N0619 $1,001,341 $472,032
Sec. 2. Subdivision (2) of subsection (a) of section 10-283 of the
general statutes is repealed and the following is substituted in lieu Senate Bill No. 1210
July Sp. Sess., Public Act No. 19-1 3 of 15
thereof (Effective from passage):
(2) The Commissioner of [Education] Administrative Services shall
assign each school building project to a category on the basis of
whether such project is primarily required to: (A) Create new facilities
or alter existing facilities to provide for mandatory instructional
programs pursuant to this chapter, for physical education facilities in
compliance with Title IX of the Elementary and Secondary Education
Act of 1972 where such programs or such compliance cannot be
provided within existing facilities or for the correction of code
violations which cannot be reasonably addressed within existing
program space; (B) create new facilities or alter existing facilities to
enhance mandatory instructional programs pursuant to this chapter or
provide comparable facilities among schools to all students at the same
grade level or levels within the school district unless such project is
otherwise explicitly included in another category pursuant to this
section; and (C) create new facilities or alter existing facilities to
provide supportive services, provided in no event shall such
supportive services include swimming pools, auditoriums, outdoor
athletic facilities, tennis courts, elementary school playgrounds, site
improvement or garages or storage, parking or general recreation
areas. All applications submitted prior to July first shall be reviewed
promptly by the Commissioner of Administrative Services. The
Commissioner of Administrative Services shall estimate the amount of
the grant for which such project is eligible, in accordance with the
provisions of section 10-285a, as amended by this act, provided an
application for a school building project determined by the
Commissioner of Education to be a project that will assist the state in
meeting the goals of the 2008 stipulation and order for Milo Sheff, et al.
v. William A. O'Neill, et al., as extended, or the goals of the 2013
stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al.,
as extended, shall have until September first to submit an application
for such a project and may have until December first of the same year Senate Bill No. 1210
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to secure and report all local and state approvals required to complete
the grant application. The Commissioner of Administrative Services
shall annually prepare a listing of all such eligible school building
projects listed by category together with the amount of the estimated
grants for such projects and shall submit the same to the Governor, the
Secretary of the Office of Policy and Management and the General
Assembly on or before the fifteenth day of December, except as
provided in section 10-283a, with a request for authorization to enter
into grant commitments. On or before December thirty-first annually,
the Secretary of the Office of Policy and Management [shall] may
submit comments and recommendations regarding each eligible
project on such listing of eligible school building projects to the school
construction committee, established pursuant to section 10-283a. Each
such listing shall include a report on the following factors for each
eligible project: (i) An enrollment projection and the capacity of the
school, (ii) a substantiation of the estimated total project costs, (iii) the
readiness of such eligible project to begin construction, (iv) efforts
made by the local or regional board of education to redistrict,
reconfigure, merge or close schools under the jurisdiction of such
board prior to submitting an application under this section, (v)
enrollment and capacity information for all of the schools under the
jurisdiction of such board for the five years prior to application for a
school building project grant, (vi) enrollment projections and capacity
information for all of the schools under the jurisdiction of such board
for the eight years following the date such application is submitted,
and (vii) the state's education priorities relating to reducing racial and
economic isolation for the school district. For the period beginning July
1, 2006, and ending June 30, 2012, no project, other than a project for a
technical education and career school, may appear on the separate
schedule of authorized projects which have changed in cost more than
twice. On and after July 1, 2012, no project, other than a project for a
technical education and career school, may appear on the separate
schedule of authorized projects which have changed in cost more than Senate Bill No. 1210
July Sp. Sess., Public Act No. 19-1 5 of 15
once, except the Commissioner of Administrative Services may allow a
project to appear on such separate schedule of authorized projects a
second time if the town or regional school district for such project can
demonstrate that exigent circumstances require such project to appear
a second time on such separate schedule of authorized projects.
Notwithstanding any provision of this chapter, no projects which have
changed in scope or cost to the degree determined by the
Commissioner of Administrative Services, in consultation with the
Commissioner of Education, shall be eligible for reimbursement under
this chapter unless it appears on such list. The percentage determined
pursuant to section 10-285a, as amended by this act, at the time a
school building project on such schedule was originally authorized
shall be used for purposes of the grant for such project. On and after
July 1, 2006, a project that was not previously authorized as an
interdistrict magnet school shall not receive a higher percentage for
reimbursement than that determined pursuant to section 10-285a, as
amended by this act, at the time a school building project on such
schedule was originally authorized. The General Assembly shall
annually authorize the Commissioner of Administrative Services to
enter into grant commitments on behalf of the state in accordance with
the commissioner's categorized listing for such projects as the General
Assembly shall determine. The Commissioner of Administrative
Services may not enter into any such grant commitments except
pursuant to such legislative authorization. Any regional school district
which assumes the responsibility for completion of a public school
building project shall be eligible for a grant pursuant to subdivision (5)
or (6), as the case may be, of subsection (a) of section 10-286 when such
project is completed and accepted by such regional school district.
Sec. 3. (NEW) (Effective from passage) Any school building committee
established by a town or regional school district to undertake a school
building project, as defined in section 10-282 of the general statutes,
shall include at least one member who has experience in the Senate Bill No. 1210
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construction industry.
Sec. 4. Subsection (c) of section 10-286h of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(c) Eligible local or regional boards of education, for purposes of a
diversity school, shall be eligible for [reimbursement of eighty per cent
of the] a school building project grant with a reimbursement
percentage determined in accordance with the provisions of subsection
(j) of section 10-285a, as amended by this act. Such grant shall be used
for the reasonable cost of any capital expenditure for the purchase,
construction, extension, replacement, leasing or major alteration of
diversity school facilities, including any expenditure for the purchase
of equipment, in accordance with this section. To be eligible for
reimbursement under this section, a diversity school construction
project shall meet the requirements for a school building project
established in this chapter, except that the Commissioner of
Administrative Services may waive any requirement in this chapter for
good cause.
Sec. 5. Section 10-285a of the general statutes is amended by adding
subsection (j) as follows (Effective from passage):
(NEW) (j) The percentage determined pursuant to this section for a
school building project grant for a diversity school, approved pursuant
to section 10-286h, as amended by this act, shall be increased by ten
percentage points.
Sec. 6. Subsection (b) of section 10-287 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July
1, 2020):
(b) (1) All orders and contracts for school building construction
receiving state assistance under this chapter, except as provided in Senate Bill No. 1210
July Sp. Sess., Public Act No. 19-1 7 of 15
[subdivision] subdivisions (2) to (4), inclusive, of this subsection, shall
be awarded to the lowest responsible qualified bidder only after a
public invitation to bid, which shall be advertised in a newspaper
having circulation in the town in which construction is to take place,
except for (A) school building projects for which the town or regional
school district is using a state contract pursuant to subsection (d) of
section 10-292, and (B) change orders, those contracts or orders costing
less than ten thousand dollars and those of an emergency nature, as
determined by the Commissioner of Administrative Services, in which
cases the contractor or vendor may be selected by negotiation,
provided no local fiscal regulations, ordinances or charter provisions
conflict.
(2) All orders and contracts for architectural [or construction
management] services shall be awarded from a pool of not more than
the four most responsible qualified proposers after a public selection
process. Such process shall, at a minimum, involve requests for
qualifications, followed by requests for proposals, including fees, from
the proposers meeting the qualifications criteria of the request for
qualifications process. Public advertisements shall be required in a
newspaper having circulation in the town in which construction is to
take place, except for school building projects for which the town or
regional school district is using a state contract pursuant to subsection
(d) of section 10-292. Following the qualification process, the awarding
authority shall evaluate the proposals to determine the four most
responsible qualified proposers using those criteria previously listed in
the requests for qualifications and requests for proposals for selecting
architectural [or construction management] services specific to the
project or school district. Such evaluation criteria shall include due
consideration of the proposer's pricing for the project, experience with
work of similar size and scope as required for the order or contract,
organizational and team structure, including any subcontractors to be
utilized by the proposer, for the order or contract, past performance Senate Bill No. 1210
July Sp. Sess., Public Act No. 19-1 8 of 15
data, including, but not limited to, adherence to project schedules and
project budgets and the number of change orders for projects, the
approach to the work required for the order or contract and
documented contract oversight capabilities, and may include criteria
specific to the project. Final selection by the awarding authority is
limited to the pool of the four most responsible qualified proposers
and shall include consideration of all criteria included within the
request for proposals. As used in this subdivision, "most responsible
qualified proposer" means the proposer who is qualified by the
awarding authority when considering price and the factors necessary
for faithful performance of the work based on the criteria and scope of
work included in the request for proposals.
(3) (A) All orders and contracts for construction management
services shall be awarded from a pool of not more than the four most
responsible qualified proposers after a public selection process. Such
process shall, at a minimum, involve requests for qualifications,
followed by requests for proposals, including fees, from the proposers
meeting the qualifications criteria of the request for qualifications
process. Public advertisements shall be required in a newspaper
having circulation in the town in which construction is to take place,
except for school building projects for which the town or regional
school district is using a state contract pursuant to subsection (d) of
section 10-292. Following the qualification process, the awarding
authority shall evaluate the proposals to determine the four most
responsible qualified proposers using those criteria previously listed in
the requests for qualifications and requests for proposals for selecting
construction management services specific to the project or school
district. Such evaluation criteria shall include due consideration of the
proposer's pricing for the project, experience with work of similar size
and scope as required for the order or contract, organizational and
team structure for the order or contract, past performance data,
including, but not limited to, adherence to project schedules and Senate Bill No. 1210
July Sp. Sess., Public Act No. 19-1 9 of 15
project budgets and the number of change orders for projects, the
approach to the work required for the order or contract, including
whether the proposer intends to self-perform any project element and
the benefit to the awarding authority that will result from such self-
performance, and documented contract oversight capabilities, and may
include criteria specific to the project. Final selection by the awarding
authority is limited to the pool of the four most responsible qualified
proposers and shall include consideration of all criteria included
within the request for proposals. As used in this subdivision, "most
responsible qualified proposer" means the proposer who is qualified
by the awarding authority when considering price and the factors
necessary for faithful performance of the work based on the criteria
and scope of work included in the request for proposals.
(B) Upon the written approval of the Commissioner of
Administrative Services, an awarding authority may permit a
construction manager to self-perform a portion of the construction
work if the awarding authority and the commissioner determine that
the construction manager can self-perform the work more cost-
effectively than a subcontractor. All work not performed by the
construction manager shall be performed by trade subcontractors
selected by a process approved by the awarding authority and the
commissioner. The construction manager's contract shall include a
guaranteed maximum price for the cost of construction. Such
guaranteed maximum price shall be determined not later than ninety
days after the selection of the trade subcontractors. Construction shall
not begin prior to the determination of the guaranteed maximum
price, except work relating to site preparation and demolition may
commence prior to such determination.
(4) All orders and contracts for any other consultant services,
including, but not limited to, consultant services rendered by an
owner's representatives, construction administrators, program Senate Bill No. 1210
July Sp. Sess., Public Act No. 19-1 10 of 15
managers, environmental professionals, planners and financial
specialists, shall comply with the public selection process described in
subdivision (2) of this subsection. No costs associated with an order or
contract for such consultant services shall be eligible for state financial
assistance under this chapter unless such order or contract receives
prior approval from the Commissioner of Administrative Services.
Sec. 7. Subdivision (1) of subsection (b) of section 10-283 of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(b) (1) Notwithstanding the application date requirements of this
section, at any time within the limit of available grant authorization
and within the limit of appropriated funds, the Commissioner of
Administrative Services, in consultation with the Commissioner of
Education, may approve applications for grants and make payments
for such grants, for any of the following reasons: (A) To assist school
building projects to remedy damage from fire and catastrophe, (B) to
correct safety, health and other code violations, (C) to replace roofs,
including the replacement or installation of skylights as part of the roof
replacement project, (D) to remedy a certified school indoor air quality
emergency, (E) to install insulation for exterior walls and attics, [or] (F)
to purchase and install a limited use and limited access elevator,
windows, photovoltaic panels, wind generation systems, building
management systems, a public school administrative or service facility
or portable classroom buildings, provided portable classroom building
projects shall not create a new facility or cause an existing facility to be
modified so that the portable buildings comprise a substantial
percentage of the total facility area, as determined by the
commissioner, or (G) for school security projects, including, but not
limited to, making improvements to existing school security
infrastructure or installing new school security infrastructure.
Sec. 8. (Effective from passage) (a) Notwithstanding the provisions of Senate Bill No. 1210
July Sp. Sess., Public Act No. 19-1 11 of 15
section 10-285a of the general statutes, as amended by this act, or any
regulation adopted by the State Board of Education or the Department
of Administrative Services pursuant to said section 10-285a concerning
the reimbursement percentage that a local board of education may be
eligible to receive for a school building project, the town of Hartford
may use the reimbursement rate of ninety-five per cent for the
renovation project at Martin Luther King Jr. Elementary School (Project
Number 064-0310 RNV) for the purpose of implementing the District
Model for Excellence Restructuring Recommendations and School
Closures approved by the board of education for the Hartford school
district on January 23, 2018.
(b) Notwithstanding the provisions of section 10-283 of the general
statutes, as amended by this act, or any regulation adopted by the State
Board of Education or the Department of Administrative Services
pursuant to said section 10-283 concerning ineligible costs, the town of
Hartford shall be eligible to receive reimbursement for certain
ineligible costs for the renovation project at Martin Luther King Jr.
Elementary School (Project Number 064-0310 RNV), provided such
ineligible costs do not exceed two million dollars and such project
meets all other provisions of chapter 173 of the general statutes or any
regulation adopted by the State Board of Education or the Department
of Administrative Services.
Sec. 9. (Effective from passage) (a) Notwithstanding the provisions of
section 10-283 of the general statutes, as amended by this act, or any
regulation adopted by the State Board of Education or the Department
of Administrative Services pursuant to said section 10-283 requiring a
completed grant application be submitted prior to June 30, 2018, the
code violation project at Burns Latino Studies Academy (Project
Number 064-0312 CV) in the town of Hartford with costs not to exceed
forty-seven million seven hundred thousand dollars shall be included
in subdivision (1) of section 1 of this act and shall subsequently be Senate Bill No. 1210
July Sp. Sess., Public Act No. 19-1 12 of 15
considered for a grant commitment from the state, provided the town
of Hartford files an application for such school building project prior
to October 1, 2019, and meets all other provisions of chapter 173 of the
general statutes or any regulation adopted by the State Board of
Education or the Department of Administrative Services pursuant to
said chapter 173 and is eligible for grant assistance pursuant to said
chapter 173.
(b) Notwithstanding the provisions of section 10-285a of the general
statutes, as amended by this act, or any regulation adopted by the State
Board of Education or the Department of Administrative Services
pursuant to said section 10-285a concerning the reimbursement
percentage that a local board of education may be eligible to receive for
a school building project, the town of Hartford may use the
reimbursement rate of ninety-five per cent for the code violation
project at Burns Latino Studies Academy (Project Number 064-0312
CV) for the purpose of implementing the District Model for Excellence
Restructuring Recommendations and School Closures approved by the
board of education for the Hartford school district on January 23, 2018.
(c) Notwithstanding the provisions of section 10-283 of the general
statutes, as amended by this act, or any regulation adopted by the State
Board of Education or the Department of Administrative Services
pursuant to said section 10-283 requiring that the description of a
project type for a school building project be made at the time of
application for a school building project grant and the provisions of
subdivision (18) of section 10-282 of the general statutes, or any
regulation adopted by the State Board of Education or the Department
of Administrative Services pursuant to said section 10-282 concerning
the definition of renovation, the town of Hartford may change the
description of the code violation project at Burns Latino Studies
Academy (Project Number 064-0312 CV) to a renovation project and
subsequently qualify as a renovation, as defined in subdivision (18) of Senate Bill No. 1210
July Sp. Sess., Public Act No. 19-1 13 of 15
said section 10-282.
Sec. 10. (Effective from passage) (a) Notwithstanding the provisions of
section 10-283 of the general statutes, as amended by this act, or any
regulation adopted by the State Board of Education or the Department
of Administrative Services pursuant to said section 10-283 requiring a
completed grant application be submitted prior to June 30, 2018, the
renovation project at Bulkeley High School (Project Number 064-0313
RNV) in the town of Hartford with costs not to exceed one hundred
forty-nine million dollars shall be included in subdivision (1) of section
1 of this act and shall subsequently be considered for a grant
commitment from the state, provided the town of Hartford files an
application for such school building project prior to October 1, 2019,
and meets all other provisions of chapter 173 of the general statutes or
any regulation adopted by the State Board of Education or the
Department of Administrative Services pursuant to said chapter 173
and is eligible for grant assistance pursuant to said chapter 173.
(b) Notwithstanding the provisions of section 10-285a of the general
statutes, as amended by this act, or any regulation adopted by the State
Board of Education or the Department of Administrative Services
pursuant to said section 10-285a concerning the reimbursement
percentage that a local board of education may be eligible to receive for
a school building project, the town of Hartford may use the
reimbursement rate of ninety-five per cent for the renovation project at
Bulkeley High School (Project Number 064-0313 RNV) for the purpose
of implementing the District Model for Excellence Restructuring
Recommendations and School Closures approved by the board of
education for the Hartford school district on January 23, 2018.
Sec. 11. (Effective from passage) Notwithstanding the provisions of
section 10-285a of the general statutes, as amended by this act, or any
regulation adopted by the State Board of Education or the Department
of Administrative Services pursuant to said section 10-285a concerning Senate Bill No. 1210
July Sp. Sess., Public Act No. 19-1 14 of 15
the reimbursement percentage that a local board of education may be
eligible to receive for a school building project, the town of Hartford
may use the reimbursement rate of ninety-five per cent for any school
building project related to the implementation of the District Model for
Excellence Restructuring Recommendations and School Closures
approved by the board of education for the Hartford school district on
January 23, 2018, provided the town of Hartford files an application for
such school building project prior to June 30, 2022, and meets all other
provisions of chapter 173 of the general statutes or any regulation
adopted by the State Board of Education or the Department of
Administrative Services pursuant to said chapter 173 and is eligible for
grant assistance pursuant to said chapter 173.
Sec. 12. (Effective from passage) (a) Except as otherwise provided in
subsection (b) of this section, notwithstanding the provisions of section
10-285a of the general statutes, as amended by this act, or any
regulation adopted by the State Board of Education or the Department
of Administrative Services pursuant to said section 10-285a concerning
the reimbursement percentage that a local board of education may be
eligible to receive for a school building project, the town of Tolland
may use the reimbursement rate of eighty-nine per cent for the
renovation project at Birch Grove Primary School (Project Number 142-
0083) to address the emergency situation at said school relating to the
presence of pyrrhotite in the foundation.
(b) Notwithstanding the provisions of section 10-285a of the general
statutes, as amended by this act, or any regulation adopted by the State
Board of Education or the Department of Administrative Services
pursuant to said section 10-285a concerning the reimbursement
percentage that a local board of education may be eligible to receive for
a school building project, the town of Tolland may use the
reimbursement rate of one hundred per cent for the portable
classrooms project at Birch Grove Primary School (Project Number Senate Bill No. 1210
July Sp. Sess., Public Act No. 19-1 15 of 15
142-0081) to address the emergency situation at said school relating to
the presence of pyrrhotite in the foundation.
Approved July 23, 2019