Connecticut 2022 Regular Session

Connecticut House Bill HB05476 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05476-R01-
4		-	HB.docx
5		-	1 of 13
6	3
7		-	General Assembly Substitute Bill No. 5476
	4	+	LCO No. 3267 1 of 13
	5	+
	6	+	General Assembly Raised Bill No. 5476
8	7		February Session, 2022
	8	+	LCO No. 3267
	9	+
	10	+
	11	+	Referred to Committee on FINANCE, REVENUE AND
	12	+	BONDING
	13	+
	14	+
	15	+	Introduced by:
	16	+	(FIN)
	17	+
9	18
10	19
11	20
12	21		AN ACT CONCERNING THE PROVISION OF PARTIAL FEE
13	22		REDUCTIONS BY MUNICIPAL STORMWATER AUTHORITIES AND
14	23		THE INCLUSION OF HEATING, VENTILATING AND AIR
15	24		CONDITIONING SYSTEMS IN SCHOOL BUILDING PROJECT GRANT
16	25		PAYMENTS.
17	26		Be it enacted by the Senate and House of Representatives in General
18	27		Assembly convened:
19	28
20	29		Section 1. Section 22a-498 of the 2022 supplement to the general 1
21	30		statutes is repealed and the following is substituted in lieu thereof 2
22	31		(Effective July 1, 2022): 3
23	32		(a) Any municipality may, by ordinance adopted by its legislative 4
24	33		body, designate any existing board or commission or establish a new 5
25	34		board or commission as the stormwater authority for such municipality. 6
26	35		If a new board or commission is created, such municipality shall, by 7
27	36		ordinance, determine the number of members thereof, their 8
28	37		compensation, if any, whether such members shall be elected or 9
29	38		appointed, the method of their appointment, if appointed, and removal 10
30	39		and their terms of office, which shall be so arranged that not more than 11
31		-	one-half of such terms shall expire within any one year. 12
	40	+	one-half of such terms shall expire within any one year. 12 Raised Bill No. 5476
	41	+
	42	+
	43	+
	44	+	LCO No. 3267 2 of 13
	45	+
32	46		(b) The purposes of the stormwater authority shall be to: (1) Develop 13
33	47		a stormwater management program, including, but not limited to, (A) a 14
34	48		program for construction and post-construction site stormwater runoff 15
35	49		control, including control detention and prevention of stormwater 16
36		-	runoff from development sites; or (B) a program for control and 17 Substitute Bill No. 5476
37		-
38		-
39		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05476-
40		-	R01-HB.docx }
41		-	2 of 13
42		-
	50	+	runoff from development sites; or (B) a program for control and 17
43	51		abatement of stormwater pollution from existing land uses, and the 18
44	52		detection and elimination of connections to the stormwater system that 19
45	53		threaten the public health, welfare or the environment; (2) provide 20
46	54		public education and outreach in the municipality relating to 21
47	55		stormwater management activities and to establish procedures for 22
48	56		public participation; (3) provide for the administration of the 23
49	57		stormwater management program; (4) establish geographic boundaries 24
50	58		of the stormwater authority district; and (5) recommend to the 25
51	59		legislative body of the municipality in which such district is located the 26
52	60		imposition of a fee upon the interests in real property within such 27
53	61		district, subject to the fifteen per cent limitation on, or alternative 28
54	62		election to exempt, properties owned by hospitals described in 29
55	63		subdivision (3) of subsection (c) of this section, the revenues from which 30
56	64		shall be used in carrying out any of the powers of such district. In 31
57	65		accomplishing the purposes of this section, the stormwater authority 32
58	66		may plan, layout, acquire, construct, reconstruct, repair, maintain, 33
59	67		supervise and manage stormwater control systems. 34
60	68		(c) (1) Any stormwater authority created by a municipality pursuant 35
61	69		to subsection (a) of this section may levy fees, approved by the 36
62	70		legislative body of the municipality in accordance with the provisions 37
63	71		of subdivision (3) of this subsection, on property owners of the 38
64	72		municipality, except as specified in subdivision (2) of this subsection, 39
65	73		for the purposes described in subsection (b) of this section. In 40
66	74		establishing fees for properties in its district, the stormwater authority 41
67	75		shall consider criteria, including, but not limited to, [the following: The] 42
68	76		the area of the property containing impervious surfaces from which 43
69	77		stormwater runoff is generated [,] and land use types that result in 44
70	78		higher or lower concentrations of stormwater pollution. [and the grand 45
71		-	list valuation of the property.] In establishing fees for property in its 46
	79	+	list valuation of the property.] In establishing fees for property in its 46 Raised Bill No. 5476
	80	+
	81	+
	82	+
	83	+	LCO No. 3267 3 of 13
	84	+
72	85		district, the stormwater authority shall [offer] provide for: 47
73	86		(A) A partial fee reduction, in the form of a credit proportional to the 48
74	87		reduction in stormwater runoff, for any property in its district whose 49
75		-	owner maintains and operates a stormwater management system that 50 Substitute Bill No. 5476
76		-
77		-
78		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05476-
79		-	R01-HB.docx }
80		-	3 of 13
81		-
	88	+	owner maintains and operates a stormwater management system that 50
82	89		complies with state and local stormwater management standards that 51
83	90		were in effect at the time such system was approved and which system 52
84	91		effectively reduces, retains or treats stormwater onsite and is approved 53
85	92		by the stormwater authority; 54
86	93		(B) An additional partial fee reduction, in the form of a credit 55
87	94		proportional to the reduction in stormwater runoff, for any property 56
88	95		[owner] in its district [who] whose owner has installed and is operating 57
89	96		and maintaining current stormwater best management practices that 58
90	97		reduce, retain [,] or treat stormwater onsite and that are approved by the 59
91	98		stormwater authority; [.] and 60
92	99		(C) An additional partial fee reduction, in the form of a credit 61
93	100		proportional to the reduction in stormwater runoff, for any property in 62
94	101		its district whose owner has installed and is operating and maintaining 63
95	102		infrastructure that reduces, retains or treats stormwater onsite and 64
96	103		which infrastructure exceeds any requirements that may be applicable 65
97	104		to the property under any provision of the general statutes, regulation 66
98		-	adopted by the Commissioner of Energy and ~~Environmental Protection~~ 67
99		-	or local stormwater control ordinance. 68
	105	+	adopted by the Commissioner of the Department of Energy and 67
	106	+	Environmental Protection or local stormwater control ordinance. 68
100	107		(2) In the case of land classified as, and consisting of, farm, forest or 69
101	108		open space land, or property owned by the state government, or any of 70
102	109		its political subdivisions or respective agencies, the stormwater 71
103	110		authority may only [levee] levy such fees on areas of such land that 72
104	111		contain impervious surfaces from which stormwater discharges to a 73
105	112		municipal separate storm sewer system. 74
106	113		(3) Each stormwater authority shall present its budget annually to the 75
107	114		legislative body of the municipality for approval. Such budget shall 76
108	115		include the specific programs the authority proposes to undertake 77
109		-	during the fiscal year for which the budget is presented, the projected 78
	116	+	during the fiscal year for which the budget is presented, the projected 78 Raised Bill No. 5476
	117	+
	118	+
	119	+
	120	+	LCO No. 3267 4 of 13
	121	+
110	122		expenditures for such programs for the fiscal year and the amount of the 79
111	123		fee or fees the authority proposes to levy to pay for such expenditures. 80
112	124		In no event shall the aggregate amount of the fees proposed for the fiscal 81
113		-	year exceed the aggregate amount of such projected expenditures for 82 Substitute Bill No. 5476
114		-
115		-
116		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05476-
117		-	R01-HB.docx }
118		-	4 of 13
119		-
	125	+	year exceed the aggregate amount of such projected expenditures for 82
120	126		the fiscal year and in no event shall more than fifteen per cent of the 83
121	127		aggregate amount of the fees proposed for any fiscal year prior to July 84
122	128		1, 2026, be generated from properties located in the municipality that 85
123	129		are owned by hospitals that are parties to the settlement agreement with 86
124	130		the state approved pursuant to special act 19-1 of the December 2019 87
125	131		special session. The legislative body of the municipality shall ensure that 88
126	132		the aggregate amount of the fees approved comply with such fifteen per 89
127	133		cent limitation. For each such fiscal year prior to July 1, 2026, the 90
128	134		authority shall, not later than thirty days after the conclusion of the fiscal 91
129	135		year, (A) conduct a review to ensure that not more than fifteen per cent 92
130	136		of the aggregate fees received for such fiscal year were generated from 93
131	137		real property located in the municipality that is owned by one or more 94
132	138		hospitals that are parties to the settlement agreement described in this 95
133	139		subdivision, (B) in the event that the fees received from all such 96
134	140		hospitals together exceed fifteen per cent of the aggregate fees received 97
135	141		for such fiscal year, the stormwater authority shall rebate any amounts 98
136	142		received in excess of fifteen per cent, proportionately, to such hospitals, 99
137	143		and (C) provide the results of the stormwater authority's review, in 100
138	144		writing to each hospital, regardless of whether a rebate is due. As an 101
139	145		alternative to imposing the fee on properties located in the municipality 102
140	146		that are owned by hospitals that are parties to such settlement 103
141	147		agreement described in this subdivision, the legislative body may 104
142	148		approve exemption of such properties from the fee until July 1, 2026. 105
143	149		The legislative body of the municipality may approve fee amounts that 106
144	150		are less than the amounts proposed by the authority but in no event shall 107
145	151		the legislative body of the municipality approve fee amounts that are 108
146	152		greater than the amounts proposed by the authority. 109
147	153		(d) Any person aggrieved by the action of a stormwater authority 110
148	154		under this section shall have the same rights and remedies for appeal 111
149		-	and relief as are provided in the general statutes for taxpayers claiming 112
	155	+	and relief as are provided in the general statutes for taxpayers claiming 112 Raised Bill No. 5476
	156	+
	157	+
	158	+
	159	+	LCO No. 3267 5 of 13
	160	+
150	161		to be aggrieved by the doings of the assessors or board of assessment 113
151	162		appeals. 114
152		-	(e) The authority may adopt municipal regulations to implement the 115 Substitute Bill No. 5476
153		-
154		-
155		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05476-
156		-	R01-HB.docx }
157		-	5 of 13
158		-
	163	+	(e) The authority may adopt municipal regulations to implement the 115
159	164		stormwater management program. 116
160	165		(f) The authority may, subject to the commissioner's approval, enter 117
161	166		into contracts with any municipal or regional entity to accomplish the 118
162	167		purposes of this section. 119
163	168		(g) For purposes of this section and sections 22a-498a and 22a-498b, 120
164	169		"municipality" means any town, city, borough, consolidated town and 121
165	170		city or consolidated town or borough. "Municipality" does not include 122
166	171		any local school district, regional school district, metropolitan district, 123
167	172		district, as defined in section 7-324, or any other municipal corporation 124
168	173		or authority authorized to issue bonds, notes or other obligations under 125
169	174		the provisions of the general statutes or any special act. 126
170	175		Sec. 2. Section 10-283 of the 2022 supplement to the general statutes 127
171	176		is repealed and the following is substituted in lieu thereof (Effective July 128
172	177		1, 2022): 129
173	178		(a) (1) Each town or regional school district shall be eligible to apply 130
174	179		for and accept grants for a school building project as provided in this 131
175	180		chapter. Any town desiring a grant for a public school building project 132
176	181		may, by vote of its legislative body, authorize the board of education of 133
177	182		such town to apply to the Commissioner of Administrative Services and 134
178	183		to accept or reject such grant for the town. Any regional school board 135
179	184		may vote to authorize the supervising agent of the regional school 136
180	185		district to apply to the Commissioner of Administrative Services for and 137
181	186		to accept or reject such grant for the district. Applications for such grants 138
182	187		under this chapter shall be made by the superintendent of schools of 139
183	188		such town or regional school district on the form provided and in the 140
184	189		manner prescribed by the Commissioner of Administrative Services. 141
185	190		The application form shall require the superintendent of schools to 142
186	191		affirm that the school district considered the maximization of natural 143
187		-	light, the use and feasibility of wireless connectivity technology and, on 144
	192	+	light, the use and feasibility of wireless connectivity technology and, on 144 Raised Bill No. 5476
	193	+
	194	+
	195	+
	196	+	LCO No. 3267 6 of 13
	197	+
188	198		and after July 1, 2014, the school safety infrastructure criteria, developed 145
189	199		by the School Safety Infrastructure Council, pursuant to section 10-292r, 146
190		-	in projects for new construction and alteration or renovation of a school 147 Substitute Bill No. 5476
191		-
192		-
193		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05476-
194		-	R01-HB.docx }
195		-	6 of 13
196		-
	200	+	in projects for new construction and alteration or renovation of a school 147
197	201		building. The Commissioner of Administrative Services shall review 148
198	202		each grant application for a school building project for compliance with 149
199	203		educational requirements and on the basis of categories for building 150
200	204		projects established by the Commissioner of Administrative Services in 151
201	205		accordance with this section. The Commissioner of Education shall 152
202	206		evaluate, if appropriate, whether the project will assist the state in 153
203	207		meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 154
204	208		Conn. 1 (1996), or any related stipulation or order in effect, as 155
205	209		determined by the Commissioner of Education. The Commissioner of 156
206	210		Administrative Services shall consult with the Commissioner of 157
207	211		Education in reviewing grant applications submitted for purposes of 158
208	212		subsection (a) of section 10-65 or section 10-76e on the basis of the 159
209	213		educational needs of the applicant. The Commissioner of 160
210	214		Administrative Services shall review each grant application for a school 161
211	215		building project for compliance with standards for school building 162
212	216		projects pursuant to regulations, adopted in accordance with section 10-163
213	217		287c, and, on and after July 1, 2014, the school safety infrastructure 164
214	218		criteria, developed by the School Safety Infrastructure Council pursuant 165
215	219		to section 10-292r. Notwithstanding the provisions of this chapter, the 166
216	220		Board of Trustees of the Community-Technical Colleges on behalf of 167
217	221		Quinebaug Valley Community College and Three Rivers Community 168
218	222		College and the following entities that will operate an interdistrict 169
219	223		magnet school that will assist the state in meeting its obligations 170
220	224		pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any 171
221	225		related stipulation or order in effect, as determined by the 172
222	226		Commissioner of Education, may apply for and shall be eligible to 173
223	227		receive grants for school building projects pursuant to section 10-264h 174
224	228		for such a school: (A) The Board of Trustees of the Community-175
225	229		Technical Colleges on behalf of a regional community-technical college, 176
226	230		(B) the Board of Trustees of the Connecticut State University System on 177
227	231		behalf of a state university, (C) the Board of Trustees for The University 178
228		-	of Connecticut on behalf of the university, (D) the board of governors 179
	232	+	of Connecticut on behalf of the university, (D) the board of governors 179 Raised Bill No. 5476
	233	+
	234	+
	235	+
	236	+	LCO No. 3267 7 of 13
	237	+
229	238		for an independent institution of higher education, as defined in 180
230	239		subsection (a) of section 10a-173, or the equivalent of such a board, on 181
231		-	behalf of the independent institution of higher education, (E) 182 Substitute Bill No. 5476
232		-
233		-
234		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05476-
235		-	R01-HB.docx }
236		-	7 of 13
237		-
	240	+	behalf of the independent institution of higher education, (E) 182
238	241		cooperative arrangements pursuant to section 10-158a, and (F) any other 183
239	242		third-party not-for-profit corporation approved by the Commissioner of 184
240	243		Education. 185
241	244		(2) The Commissioner of Administrative Services shall assign each 186
242	245		school building project to a category on the basis of whether such project 187
243	246		is primarily required to: (A) Create new facilities or alter existing 188
244	247		facilities to provide for mandatory instructional programs pursuant to 189
245	248		this chapter, for physical education facilities in compliance with Title IX 190
246	249		of the Elementary and Secondary Education Act of 1972 where such 191
247	250		programs or such compliance cannot be provided within existing 192
248	251		facilities or for the correction of code violations which cannot be 193
249	252		reasonably addressed within existing program space; (B) create new 194
250	253		facilities or alter existing facilities to enhance mandatory instructional 195
251	254		programs pursuant to this chapter or provide comparable facilities 196
252	255		among schools to all students at the same grade level or levels within 197
253	256		the school district unless such project is otherwise explicitly included in 198
254	257		another category pursuant to this section; and (C) create new facilities 199
255	258		or alter existing facilities to provide supportive services, provided in no 200
256	259		event shall such supportive services include swimming pools, 201
257	260		auditoriums, outdoor athletic facilities, tennis courts, elementary school 202
258	261		playgrounds, site improvement or garages or storage, parking or 203
259	262		general recreation areas. All applications submitted prior to July first 204
260	263		shall be reviewed promptly by the Commissioner of Administrative 205
261	264		Services. The Commissioner of Administrative Services shall estimate 206
262	265		the amount of the grant for which such project is eligible, in accordance 207
263	266		with the provisions of section 10-285a, provided an application for a 208
264	267		school building project determined by the Commissioner of Education 209
265	268		to be a project that will assist the state in meeting its obligations 210
266	269		pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any 211
267	270		related stipulation or order in effect, as determined by the 212
268		-	Commissioner of Education, shall have until September first to submit 213
	271	+	Commissioner of Education, shall have until September first to submit 213 Raised Bill No. 5476
	272	+
	273	+
	274	+
	275	+	LCO No. 3267 8 of 13
	276	+
269	277		an application for such a project and may have until December first of 214
270	278		the same year to secure and report all local and state approvals required 215
271		-	to complete the grant application. The Commissioner of Administrative 216 Substitute Bill No. 5476
272		-
273		-
274		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05476-
275		-	R01-HB.docx }
276		-	8 of 13
277		-
	279	+	to complete the grant application. The Commissioner of Administrative 216
278	280		Services shall annually prepare a listing of all such eligible school 217
279	281		building projects listed by category together with the amount of the 218
280	282		estimated grants for such projects and shall submit the same to the 219
281	283		Governor, the Secretary of the Office of Policy and Management and the 220
282	284		General Assembly on or before the fifteenth day of December, except as 221
283	285		provided in section 10-283a, with a request for authorization to enter 222
284	286		into grant commitments. On or before December thirty-first annually, 223
285	287		the Secretary of the Office of Policy and Management may submit 224
286	288		comments and recommendations regarding each eligible project on 225
287	289		such listing of eligible school building projects to the school construction 226
288	290		committee, established pursuant to section 10-283a. Each such listing 227
289	291		shall include a report on the following factors for each eligible project: 228
290	292		(i) An enrollment projection and the capacity of the school, (ii) a 229
291	293		substantiation of the estimated total project costs, (iii) the readiness of 230
292	294		such eligible project to begin construction, (iv) efforts made by the local 231
293	295		or regional board of education to redistrict, reconfigure, merge or close 232
294	296		schools under the jurisdiction of such board prior to submitting an 233
295	297		application under this section, (v) enrollment and capacity information 234
296	298		for all of the schools under the jurisdiction of such board for the five 235
297	299		years prior to application for a school building project grant, (vi) 236
298	300		enrollment projections and capacity information for all of the schools 237
299	301		under the jurisdiction of such board for the eight years following the 238
300	302		date such application is submitted, and (vii) the state's education 239
301	303		priorities relating to reducing racial and economic isolation for the 240
302	304		school district. For the period beginning July 1, 2006, and ending June 241
303	305		30, 2012, no project, other than a project for a technical education and 242
304	306		career school, may appear on the separate schedule of authorized 243
305	307		projects which have changed in cost more than twice. On and after July 244
306	308		1, 2012, no project, other than a project for a technical education and 245
307	309		career school, may appear on the separate schedule of authorized 246
308	310		projects which have changed in cost more than once, except the 247
309		-	Commissioner of Administrative Services may allow a project to appear 248
	311	+	Commissioner of Administrative Services may allow a project to appear 248 Raised Bill No. 5476
	312	+
	313	+
	314	+
	315	+	LCO No. 3267 9 of 13
	316	+
310	317		on such separate schedule of authorized projects a second time if the 249
311	318		town or regional school district for such project can demonstrate that 250
312		-	exigent circumstances require such project to appear a second time on 251 Substitute Bill No. 5476
313		-
314		-
315		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05476-
316		-	R01-HB.docx }
317		-	9 of 13
318		-
	319	+	exigent circumstances require such project to appear a second time on 251
319	320		such separate schedule of authorized projects. Notwithstanding any 252
320	321		provision of this chapter, no projects which have changed in scope or 253
321	322		cost to the degree determined by the Commissioner of Administrative 254
322	323		Services, in consultation with the Commissioner of Education, shall be 255
323	324		eligible for reimbursement under this chapter unless it appears on such 256
324	325		list. The percentage determined pursuant to section 10-285a at the time 257
325	326		a school building project on such schedule was originally authorized 258
326	327		shall be used for purposes of the grant for such project. On and after July 259
327	328		1, 2006, a project that was not previously authorized as an interdistrict 260
328	329		magnet school shall not receive a higher percentage for reimbursement 261
329	330		than that determined pursuant to section 10-285a at the time a school 262
330	331		building project on such schedule was originally authorized. The 263
331	332		General Assembly shall annually authorize the Commissioner of 264
332	333		Administrative Services to enter into grant commitments on behalf of 265
333	334		the state in accordance with the commissioner's categorized listing for 266
334	335		such projects as the General Assembly shall determine. The 267
335	336		Commissioner of Administrative Services may not enter into any such 268
336	337		grant commitments except pursuant to such legislative authorization. 269
337	338		Any regional school district which assumes the responsibility for 270
338	339		completion of a public school building project shall be eligible for a 271
339	340		grant pursuant to subdivision (5) or (6), as the case may be, of subsection 272
340	341		(a) of section 10-286 when such project is completed and accepted by 273
341	342		such regional school district. 274
342	343		(3) (A) All final calculations completed by the Department of 275
343	344		Administrative Services for school building projects shall include a 276
344	345		computation of the state grant for the school building project amortized 277
345	346		on a straight line basis over a twenty-year period for school building 278
346	347		projects with costs equal to or greater than two million dollars and over 279
347	348		a ten-year period for school building projects with costs less than two 280
348	349		million dollars. Any town or regional school district which abandons, 281
349		-	sells, leases, demolishes or otherwise redirects the use of such a school 282
	350	+	sells, leases, demolishes or otherwise redirects the use of such a school 282 Raised Bill No. 5476
	351	+
	352	+
	353	+
	354	+	LCO No. 3267 10 of 13
	355	+
350	356		building project to other than a public school use during such 283
351	357		amortization period shall refund to the state the unamortized balance of 284
352		-	the state grant remaining as of the date the abandonment, sale, lease, 285 Substitute Bill No. 5476
353		-
354		-
355		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05476-
356		-	R01-HB.docx }
357		-	10 of 13
358		-
	358	+	the state grant remaining as of the date the abandonment, sale, lease, 285
359	359		demolition or redirection occurs. The amortization period for a project 286
360	360		shall begin on the date the project was accepted as complete by the local 287
361	361		or regional board of education. A town or regional school district 288
362	362		required to make a refund to the state pursuant to this subdivision may 289
363	363		request forgiveness of such refund if the building is redirected for public 290
364	364		use. The Department of Administrative Services shall include as an 291
365	365		addendum to the annual school construction priority list all those towns 292
366	366		requesting forgiveness. General Assembly approval of the priority list 293
367	367		containing such request shall constitute approval of such request. This 294
368	368		subdivision shall not apply to projects to correct safety, health and other 295
369	369		code violations or to remedy certified school indoor air quality 296
370	370		emergencies approved pursuant to subsection (b) of this section or 297
371	371		projects subject to the provisions of section 10-285c. 298
372	372		(B) If the board of governors for an independent institution of higher 299
373	373		education, as defined in subsection (a) of section 10a-173, or the 300
374	374		equivalent of such a board, on behalf of the independent institution of 301
375	375		higher education, that operates an interdistrict magnet school makes 302
376	376		private use of any portion of a school building in which such operator 303
377	377		received a school building project grant pursuant to this chapter, such 304
378	378		operator shall annually submit a report to the Commissioner of 305
379	379		Education that demonstrates that such operator provides an equal to or 306
380	380		greater than in-kind or supplemental benefit of such institution's 307
381	381		facilities to students enrolled in such interdistrict magnet school that 308
382	382		outweighs the private use of such school building. If the commissioner 309
383	383		finds that the private use of such school building exceeds the in-kind or 310
384	384		supplemental benefit to magnet school students, the commissioner may 311
385	385		require such institution to refund to the state the unamortized balance 312
386	386		of the state grant. 313
387	387		(C) Any moneys refunded to the state pursuant to subparagraphs (A) 314
388	388		and (B) of this subdivision shall be deposited in the state's tax-exempt 315
389		-	proceeds fund and used not later than sixty days after repayment to pay 316
390		-	debt service on, including redemption, defeasance or purchase of, 317
391		-	outstanding bonds of the state the interest on which is not included in 318 Substitute Bill No. 5476
	389	+	proceeds fund and used not later than sixty days after repayment to pay 316 Raised Bill No. 5476
392	390
393	391
394		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05476-
395		-	R01-HB.docx }
396		-	11 of 13
397	392
	393	+	LCO No. 3267 11 of 13
	394	+
	395	+	debt service on, including redemption, defeasance or purchase of, 317
	396	+	outstanding bonds of the state the interest on which is not included in 318
398	397		gross income pursuant to Section 103 of the Internal Revenue Code of 319
399	398		1986, or any subsequent corresponding internal revenue code of the 320
400	399		United States, as from time to time amended. 321
401	400		(b) (1) Notwithstanding the application date requirements of this 322
402	401		section, at any time within the limit of available grant authorization and 323
403	402		within the limit of appropriated funds, the Commissioner of 324
404	403		Administrative Services, in consultation with the Commissioner of 325
405	404		Education, may approve applications for grants and make payments for 326
406	405		such grants, for any of the following reasons: (A) To assist school 327
407	406		building projects to remedy damage from fire and catastrophe, (B) to 328
408	407		correct safety, health and other code violations, (C) to replace roofs, 329
409	408		including the replacement or installation of skylights as part of the roof 330
410	409		replacement project, (D) to remedy a certified school indoor air quality 331
411	410		emergency, (E) to install insulation for exterior walls and attics, (F) to 332
412	411		purchase and install a limited use and limited access elevator, windows, 333
413	412		photovoltaic panels, wind generation systems, building management 334
414	413		systems, a public school administrative or service facility or portable 335
415	414		classroom buildings, provided portable classroom building projects 336
416	415		shall not create a new facility or cause an existing facility to be modified 337
417	416		so that the portable buildings comprise a substantial percentage of the 338
418	417		total facility area, as determined by the commissioner, [or] (G) for school 339
419	418		security projects, including, but not limited to, making improvements to 340
420	419		existing school security infrastructure or installing new school security 341
421	420		infrastructure, or (H) to install, replace or repair a heating, ventilation 342
422	421		or air conditioning system. 343
423	422		(2) Not later than seven calendar days following the discovery of a 344
424	423		reason described in subparagraphs (A) to (F), inclusive, of subdivision 345
425	424		(1) of this subsection, the superintendent of schools of a town or regional 346
426	425		school district shall notify the Commissioner of Administrative Services 347
427	426		in writing of such reason in order to be eligible for a grant under this 348
428	427		subsection. Such superintendent shall submit an application to the 349
429		-	commissioner not later than six months following such notification in 350
430		-	order to receive a grant under this subsection. 351 Substitute Bill No. 5476
	428	+	commissioner not later than six months following such notification in 350 Raised Bill No. 5476
431	429
432	430
433		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05476-
434		-	R01-HB.docx }
435		-	12 of 13
436	431
	432	+	LCO No. 3267 12 of 13
	433	+
	434	+	order to receive a grant under this subsection. 351
437	435		(c) No school building project shall be added to the list prepared by 352
438	436		the Commissioner of Administrative Services pursuant to subsection (a) 353
439	437		of this section after such list is submitted to the committee of the General 354
440	438		Assembly appointed pursuant to section 10-283a unless (1) the project 355
441	439		is for a school placed on probation by the New England Association of 356
442	440		Schools and Colleges and the project is necessary to preserve 357
443	441		accreditation, (2) the project is necessary to replace a school building for 358
444	442		which a state agency issued a written notice of its intent to take the 359
445	443		school property for public purpose, (3) it is a school building project 360
446	444		determined by the Commissioner of Education to be a project that will 361
447	445		assist the state in meeting its obligations pursuant to the decision in 362
448	446		Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order 363
449	447		in effect, as determined by the Commissioner of Education. The 364
450	448		provisions of this subsection shall not apply to projects previously 365
451	449		authorized by the General Assembly that require special legislation to 366
452	450		correct procedural deficiencies. 367
453	451		(d) No school building project shall be added to the list prepared by 368
454	452		the Commissioner of Administrative Services pursuant to subsection (a) 369
455	453		of this section, unless the applicant, prior to submitting an application, 370
456	454		has (1) secured funding authorization for the local share of the project 371
457	455		costs and such authorization has become effective pursuant to the 372
458	456		general statutes and local ordinance or charter, or (2) scheduled and 373
459	457		prepared a referendum, if required, the results of which shall be 374
460	458		submitted on or before the fifteenth day of November in the year of 375
461	459		application. The reimbursement percentage for a project covered by this 376
462	460		subsection shall reflect the rates in effect during the fiscal year in which 377
463	461		such local funding authorization is secured. 378
464	462		This act shall take effect as follows and shall amend the following
465	463		sections:
466	464
467	465		Section 1 July 1, 2022 22a-498
468	466		Sec. 2 July 1, 2022 10-283
469		-	~~Substitute~~ Bill No. 5476
	467	+	Raised Bill No. 5476
470	468
471	469
472		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05476-
473		-	R01-HB.docx }
474		-	13 of 13
475	470
476		-	Statement of Legislative Commissioners:
477		-	In Section 1(c)(1)(C), "the Department of" was deleted for consistency
478		-	with standard drafting conventions.
	471	+	LCO No. 3267 13 of 13
479	472
480		-	FIN Joint Favorable Subst. -LCO
	473	+	Statement of Purpose:
	474	+	To (1) establish partial fee reductions for properties with certain
	475	+	stormwater management systems, and (2) include heating, ventilating
	476	+	and air conditioning systems in the projects eligible for school building
	477	+	project grants.
	478	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	479	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	480	+	underlined.]
481	481