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General Assembly Substitute Bill No. 428
February Session, 2022
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
DEPARTMENT OF ADMINISTRATIVE SERVICES RELATING TO
SCHOOL CONSTRUCTION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2022) (a) For the fiscal year ending 1
June 30, 2023, and each fiscal year thereafter, the Department of 2
Administrative Services shall administer a heating, ventilation and air 3
conditioning system grant program to reimburse local and regional 4
boards of education for costs associated with projects for the installation, 5
replacement or upgrading of heating, ventilation and air conditioning 6
systems or other improvements to indoor air quality in school buildings. 7
(b) (1) A local or regional board of education or a regional educational 8
service center may apply, at such time and in such manner as the 9
Commissioner of Administrative Services prescribes, for a grant for 10
projects for the installation, replacement or upgrading of heating, 11
ventilation and air conditioning systems or other improvements to 12
indoor air quality in school buildings. 13
(2) The commissioner shall develop eligibility criteria for the 14
awarding of grants under the program. Such criteria shall include, but 15
need not be limited to, (A) the age and condition of the current heating, 16
ventilation and air conditioning system or equipment being replaced or 17 Substitute Bill No. 428
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upgraded in the school, (B) current air quality issues at the school, (C) 18
the age and condition of the overall school building, (D) the school 19
district's master plan, (E) the availability of maintenance records, (F) a 20
contract or plans for the routine maintenance and cleaning of the 21
heating, ventilation and air conditioning system, and (G) the local or 22
regional board of education's or regional educational service center's 23
ability to finance the remainder of the costs for such project after 24
receiving a grant under the program. The commissioner shall utilize 25
such eligibility criteria when determining whether to award a grant to 26
an applicant under the program. 27
(c) (1) A local board of education may receive a grant equal to a 28
percentage of its eligible expenses. The percentage shall be determined 29
by its ranking. Such ranking shall be determined as follows: (A) Each 30
town shall be ranked in descending order from one to one hundred 31
sixty-nine according to the adjusted equalized net grand list per capita, 32
as defined in section 10-261 of the general statutes, of the town two, 33
three and four years prior to the fiscal year in which application is made, 34
(B) based upon such ranking, a percentage of not less than twenty or 35
more than eighty shall be assigned to each town on a continuous scale, 36
and (C) the town ranked first shall be assigned a percentage of twenty 37
and the town ranked last shall be assigned a percentage of eighty. 38
(2) A regional board of education may receive a grant equal to a 39
percentage of its eligible expenses. The percentage shall be determined 40
by its ranking. Such ranking shall be determined as follows: (A) 41
Multiplying the total population, as defined in section 10-261 of the 42
general statutes, of each town in the district by such town's ranking, as 43
determined in subdivision (1) of this subsection, (B) adding together the 44
figures determined under subparagraph (A) of this subdivision, and (C) 45
dividing the total computed under subparagraph (B) of this subdivision 46
by the total population of all towns in the district. The ranking of each 47
regional board of education shall be rounded to the next higher whole 48
number and each such board shall receive the same reimbursement 49
percentage as would a town with the same rank plus ten per cent, except 50 Substitute Bill No. 428
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that no such percentage shall exceed eighty-five per cent. 51
(3) A regional educational service center may receive a grant equal to 52
a percentage of its eligible expenses. The percentage shall be determined 53
by its ranking. Such ranking shall be determined by (A) multiplying the 54
population of each member town in the regional educational service 55
center by such town's ranking, as determined in subdivision (1) of this 56
subsection, (B) adding together the figures for each town determined 57
under subparagraph (A) of this subdivision, and (C) dividing the total 58
computed under subparagraph (B) of this subdivision by the total 59
population of all member towns in the regional educational service 60
center. The ranking of each regional educational service center shall be 61
rounded to the next higher whole number and each such center shall 62
receive the same reimbursement percentage as would a town with the 63
same rank. 64
(4) The percentage determined pursuant to this subsection shall be 65
increased by five percentage points for any local or regional board of 66
education or regional educational service center if the commissioner, in 67
consultation with the Commission on Human Rights and 68
Opportunities, has determined that such board or center has exceeded 69
the requirements regarding minority business enterprises, as defined in 70
section 4a-60g of the general statutes, for the installation, replacement 71
or upgrading of heating, ventilation and air conditioning systems or 72
other improvements to indoor air quality in school buildings for which 73
a grant has been awarded under this section. 74
(5) The percentage determined pursuant to this subsection shall be 75
increased by five percentage points for any local or regional board of 76
education or regional educational service center that has entered into a 77
contract with a minority business enterprise, as defined in section 4a-78
60g of the general statutes, for at least a ten-year period, for the routine 79
maintenance and cleaning of the heating, ventilation and air 80
conditioning system for which a grant has been awarded under this 81
section. 82 Substitute Bill No. 428
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(d) If there are not sufficient funds to provide grants to all local and 83
regional boards of education and regional educational service centers, 84
based on the percentage determined pursuant to subsection (c) of this 85
section, the commissioner shall give priority to applicants on behalf of 86
schools with the greatest need for heating, ventilation and air 87
conditioning systems or other improvements to indoor air quality in 88
school buildings, as determined by the commissioner based on the 89
eligibility criteria developed pursuant to subdivision (2) of subsection 90
(b) of this section. 91
(e) The following expenses shall not be eligible for reimbursement 92
under this section: (1) Routine maintenance and cleaning of the heating, 93
ventilation and air conditioning system, (2) work that is otherwise 94
eligible for a school building project grant under chapter 173 of the 95
general statutes, and (3) work performed at or on a public school 96
administrative or service facility that is not located or housed within a 97
public school building. 98
(f) No grant funds received under this section by a local or regional 99
board of education or a regional educational service center shall be used 100
to supplant local matching requirements for federal or state funding 101
otherwise received by such district for a project for the installation, 102
replacement or upgrading of heating, ventilation and air conditioning 103
systems or other improvements to indoor air quality in school buildings. 104
(g) Any project for the installation, replacement or upgrading of 105
heating, ventilation and air conditioning systems or other 106
improvements to indoor air quality in school buildings for which a grant 107
is awarded under this section shall be completed by the end of the next 108
calendar year, unless the duration of such project is extended by the 109
commissioner upon a showing of good cause by the local or regional 110
board of education or regional educational service center. 111
(h) Any local or regional board of education or regional educational 112
service center that receives a grant under this section shall (1) be 113
responsible for the routine maintenance and cleaning of the heating, 114 Substitute Bill No. 428
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ventilation and air conditioning system, and (2) provide training to 115
school personnel and building maintenance staff concerning the proper 116
use and maintenance of the heating, ventilation and air conditioning 117
system. 118
Sec. 2. Subsection (c) of section 10-286 of the general statutes is 119
repealed and the following is substituted in lieu thereof (Effective July 1, 120
2022): 121
(c) In the computation of grants pursuant to this section for any 122
school building project authorized by the General Assembly pursuant 123
to section 10-283, as amended by this act, (1) after January 1, 1993, any 124
maximum square footage per pupil limit established pursuant to this 125
chapter or any regulation adopted by the State Board of Education or 126
the Department of Administrative Services pursuant to this chapter 127
shall be increased by twenty-five per cent for a building constructed 128
prior to [1950] 1959; (2) after January 1, 2004, any maximum square 129
footage per pupil limit established pursuant to this chapter or any 130
regulation adopted by the Department of Administrative Services 131
pursuant to this chapter shall be increased by up to one per cent to 132
accommodate a heating, ventilation or air conditioning system, if 133
needed; (3) for the period from July 1, 2006, to June 30, 2009, inclusive, 134
for projects with total authorized project costs greater than ten million 135
dollars, if total construction change orders or other change directives 136
otherwise eligible for grant assistance under this chapter exceed five per 137
cent of the authorized total project cost, only fifty per cent of the amount 138
of such change order or other change directives in excess of five per cent 139
shall be eligible for grant assistance; and (4) after July 1, 2009, for projects 140
with total authorized project costs greater than ten million dollars, if 141
total construction change orders or other change directives otherwise 142
eligible for grant assistance exceed five per cent of the total authorized 143
project cost, such change order or other change directives in excess of 144
five per cent shall be ineligible for grant assistance. 145
Sec. 3. Subdivisions (1) and (2) of subsection (a) of section 10-283 of 146
the 2022 supplement to the general statutes are repealed and the 147 Substitute Bill No. 428
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following is substituted in lieu thereof (Effective July 1, 2022): 148
(a) (1) Each town or regional school district shall be eligible to apply 149
for and accept grants for a school building project as provided in this 150
chapter. Any town desiring a grant for a public school building project 151
may, by vote of its legislative body, authorize the board of education of 152
such town to apply to the Commissioner of Administrative Services and 153
to accept or reject such grant for the town. Any regional school board 154
may vote to authorize the supervising agent of the regional school 155
district to apply to the Commissioner of Administrative Services for and 156
to accept or reject such grant for the district. Applications for such grants 157
under this chapter shall be made by the superintendent of schools of 158
such town or regional school district on the form provided and in the 159
manner prescribed by the Commissioner of Administrative Services. 160
The application form shall require the superintendent of schools to 161
affirm that the school district considered the maximization of natural 162
light, the use and feasibility of wireless connectivity technology and, on 163
and after July 1, 2014, the school safety infrastructure criteria, 164
[developed by the School Safety Infrastructure Council, pursuant to] 165
described in section 10-292r, as amended by this act, in projects for new 166
construction and alteration or renovation of a school building. The 167
Commissioner of Administrative Services shall review each grant 168
application for a school building project for compliance with 169
educational requirements and on the basis of categories for building 170
projects established by the Commissioner of Administrative Services in 171
accordance with this section. The Commissioner of Education shall 172
evaluate, if appropriate, whether the project will assist the state in 173
meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 174
Conn. 1 (1996), or any related stipulation or order in effect, as 175
determined by the Commissioner of Education. The Commissioner of 176
Administrative Services shall consult with the Commissioner of 177
Education in reviewing grant applications submitted for purposes of 178
subsection (a) of section 10-65 or section 10-76e on the basis of the 179
educational needs of the applicant. The Commissioner of 180
Administrative Services shall review each grant application for a school 181 Substitute Bill No. 428
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building project for compliance with standards for school building 182
projects pursuant to regulations, adopted in accordance with section 10-183
287c, and, on and after July 1, 2014, the school safety infrastructure 184
criteria, [developed by the School Safety Infrastructure Council 185
pursuant to] described in section 10-292r, as amended by this act. 186
Notwithstanding the provisions of this chapter, the Board of Trustees of 187
the Community-Technical Colleges on behalf of Quinebaug Valley 188
Community College and Three Rivers Community College and the 189
following entities that will operate an interdistrict magnet school that 190
will assist the state in meeting its obligations pursuant to the decision in 191
Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order 192
in effect, as determined by the Commissioner of Education, may apply 193
for and shall be eligible to receive grants for school building projects 194
pursuant to section 10-264h for such a school: (A) The Board of Trustees 195
of the Community-Technical Colleges on behalf of a regional 196
community-technical college, (B) the Board of Trustees of the 197
Connecticut State University System on behalf of a state university, (C) 198
the Board of Trustees for The University of Connecticut on behalf of the 199
university, (D) the board of governors for an independent institution of 200
higher education, as defined in subsection (a) of section 10a-173, or the 201
equivalent of such a board, on behalf of the independent institution of 202
higher education, (E) cooperative arrangements pursuant to section 10-203
158a, and (F) any other third-party not-for-profit corporation approved 204
by the Commissioner of Education. 205
(2) The Commissioner of Administrative Services shall assign each 206
school building project to a category on the basis of whether such project 207
is primarily required to: (A) Create new facilities or alter existing 208
facilities to provide for mandatory instructional programs pursuant to 209
this chapter, for physical education facilities in compliance with Title IX 210
of the Elementary and Secondary Education Act of 1972 where such 211
programs or such compliance cannot be provided within existing 212
facilities or for the correction of code violations which cannot be 213
reasonably addressed within existing program space; (B) create new 214
facilities or alter existing facilities to enhance mandatory instructional 215 Substitute Bill No. 428
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programs pursuant to this chapter or provide comparable facilities 216
among schools to all students at the same grade level or levels within 217
the school district unless such project is otherwise explicitly included in 218
another category pursuant to this section; and (C) create new facilities 219
or alter existing facilities to provide supportive services, provided in no 220
event shall such supportive services include swimming pools, 221
auditoriums, outdoor athletic facilities, tennis courts, elementary school 222
playgrounds, site improvement or garages or storage, parking or 223
general recreation areas. All applications submitted prior to July first 224
shall be reviewed promptly by the Commissioner of Administrative 225
Services. The Commissioner of Administrative Services shall estimate 226
the amount of the grant for which such project is eligible, in accordance 227
with the provisions of section 10-285a, provided an application for a 228
school building project determined by the Commissioner of Education 229
to be a project that will assist the state in meeting its obligations 230
pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any 231
related stipulation or order in effect, as determined by the 232
Commissioner of Education, shall have until September first to submit 233
an application for such a project and may have until December first of 234
the same year to secure and report all local and state approvals required 235
to complete the grant application. The Commissioner of Administrative 236
Services shall annually prepare a listing of all such eligible school 237
building projects listed by category together with the amount of the 238
estimated grants for such projects and shall submit the same to the 239
Governor, the Secretary of the Office of Policy and Management and the 240
General Assembly on or before the fifteenth day of December, except as 241
provided in section 10-283a, with a request for authorization to enter 242
into grant commitments. On or before December thirty-first annually, 243
the Secretary of the Office of Policy and Management may submit 244
comments and recommendations regarding each eligible project on 245
such listing of eligible school building projects to the school construction 246
committee, established pursuant to section 10-283a. Each such listing 247
shall include a report on the following factors for each eligible project: 248
(i) An enrollment projection and the capacity of the school, (ii) a 249
substantiation of the estimated total project costs, (iii) the readiness of 250 Substitute Bill No. 428
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such eligible project to begin construction, (iv) efforts made by the local 251
or regional board of education to redistrict, reconfigure, merge or close 252
schools under the jurisdiction of such board prior to submitting an 253
application under this section, (v) enrollment and capacity information 254
for all of the schools under the jurisdiction of such board for the five 255
years prior to application for a school building project grant, (vi) 256
enrollment projections and capacity information for all of the schools 257
under the jurisdiction of such board for the eight years following the 258
date such application is submitted, and (vii) the state's education 259
priorities relating to reducing racial and economic isolation for the 260
school district. On and after July 1, 2022, each such listing shall include 261
an addendum that contains all grants approved pursuant to subsection 262
(b) of this section during the prior fiscal year. For the period beginning 263
July 1, 2006, and ending June 30, 2012, no project, other than a project 264
for a technical education and career school, may appear on the separate 265
schedule of authorized projects which have changed in cost more than 266
twice. On and after July 1, 2012, no project, other than a project for a 267
technical education and career school, may appear on the separate 268
schedule of authorized projects which have changed in cost more than 269
once, except the Commissioner of Administrative Services may allow a 270
project to appear on such separate schedule of authorized projects a 271
second time if the town or regional school district for such project can 272
demonstrate that exigent circumstances require such project to appear a 273
second time on such separate schedule of authorized projects. 274
Notwithstanding any provision of this chapter, no projects which have 275
changed in scope or cost to the degree determined by the Commissioner 276
of Administrative Services, in consultation with the Commissioner of 277
Education, shall be eligible for reimbursement under this chapter unless 278
it appears on such list. The percentage determined pursuant to section 279
10-285a at the time a school building project on such schedule was 280
originally authorized shall be used for purposes of the grant for such 281
project. On and after July 1, 2006, a project that was not previously 282
authorized as an interdistrict magnet school shall not receive a higher 283
percentage for reimbursement than that determined pursuant to section 284
10-285a at the time a school building project on such schedule was 285 Substitute Bill No. 428
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originally authorized. The General Assembly shall annually authorize 286
the Commissioner of Administrative Services to enter into grant 287
commitments on behalf of the state in accordance with the 288
commissioner's categorized listing for such projects as the General 289
Assembly shall determine. The Commissioner of Administrative 290
Services may not enter into any such grant commitments except 291
pursuant to such legislative authorization. Any regional school district 292
which assumes the responsibility for completion of a public school 293
building project shall be eligible for a grant pursuant to subdivision (5) 294
or (6), as the case may be, of subsection (a) of section 10-286 when such 295
project is completed and accepted by such regional school district. 296
Sec. 4. Subsection (b) of section 10-283 of the 2022 supplement to the 297
general statutes is repealed and the following is substituted in lieu 298
thereof (Effective July 1, 2022): 299
(b) [(1)] Notwithstanding the application date requirements of this 300
section, at any time within the limit of available grant authorization and 301
within the limit of appropriated funds, the Commissioner of 302
Administrative Services, in consultation with the Commissioner of 303
Education, may approve applications for grants and make payments for 304
such grants, for any of the following reasons: (A) To assist school 305
building projects to remedy damage from fire and catastrophe, (B) to 306
correct safety, health and other code violations, (C) to replace roofs, 307
including the replacement or installation of skylights as part of the roof 308
replacement project, (D) to remedy a certified school indoor air quality 309
emergency, (E) to install insulation for exterior walls and attics, or (F) to 310
purchase and install a limited use and limited access elevator, windows, 311
photovoltaic panels, wind generation systems, building management 312
systems [, a public school administrative or service facility] or portable 313
classroom buildings, provided portable classroom building projects 314
shall not create a new facility or cause an existing facility to be modified 315
so that the portable buildings comprise a substantial percentage of the 316
total facility area, as determined by the commissioner. [, or (G) for school 317
security projects, including, but not limited to, making improvements to 318 Substitute Bill No. 428
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existing school security infrastructure or installing new school security 319
infrastructure.] 320
[(2) Not later than seven calendar days following the discovery of a 321
reason described in subparagraphs (A) to (F), inclusive, of subdivision 322
(1) of this subsection, the superintendent of schools of a town or regional 323
school district shall notify the Commissioner of Administrative Services 324
in writing of such reason in order to be eligible for a grant under this 325
subsection. Such superintendent shall submit an application to the 326
commissioner not later than six months following such notification in 327
order to receive a grant under this subsection.] 328
Sec. 5. Subsection (d) of section 10-287 of the 2022 supplement to the 329
general statutes is repealed and the following is substituted in lieu 330
thereof (Effective July 1, 2022): 331
(d) (1) Each town or regional school district shall submit a final grant 332
application to the Department of Administrative Services within one 333
year from the date of completion and acceptance of the school building 334
project by the town or regional school district. If a town or regional 335
school district fails to submit a final grant application within said period 336
of time, the commissioner may withhold ten per cent of the state 337
reimbursement for such project. 338
(2) (A) On and after July 1, 2022, each town or regional school district 339
shall submit a notice of project completion within three years from the 340
date of the issuance of a certificate of occupancy for the school building 341
project by the town or regional school district. If a town or regional 342
school district fails to submit such notice of project completion within 343
said period of time, the commissioner shall deem such project 344
completed and conduct an audit of such project in accordance with the 345
provisions of this chapter. 346
(B) For any school building project authorized by the General 347
Assembly prior to July 1, 2022, the commissioner shall deem as complete 348
any such project in which a certificate of occupancy has been granted, 349 Substitute Bill No. 428
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but for which a notice of project completion has not been submitted by 350
the town or regional school district on or before July 1, 2025. 351
Sec. 6. Subsection (b) of section 10-292q of the general statutes is 352
repealed and the following is substituted in lieu thereof (Effective July 1, 353
2022): 354
(b) The School Building Projects Advisory Council shall (1) develop 355
model blueprints for new school building projects that are in accordance 356
with industry standards for school buildings and the school safety 357
infrastructure criteria, developed pursuant to section 10-292r, as 358
amended by this act, (2) conduct studies, research and analyses, [and] 359
(3) make recommendations for improvements to the school building 360
projects processes to the Governor and the joint standing committee of 361
the General Assembly having cognizance of matters relating to 362
appropriations and the budgets of state agencies, education and finance, 363
revenue and bonding, and (4) periodically review and update, as 364
necessary, the school safety infrastructure criteria developed pursuant 365
to section 10-292r, as amended by this act. 366
Sec. 7. Section 10-292r of the general statutes is repealed and the 367
following is substituted in lieu thereof (Effective July 1, 2022): 368
[(a) There is established a School Safety Infrastructure Council. The 369
council shall consist of: (1) The Commissioner of Administrative 370
Services, or the commissioner's designee; (2) the Commissioner of 371
Emergency Services and Public Protection, or the commissioner's 372
designee; (3) the Commissioner of Education, or the commissioner's 373
designee; (4) one appointed by the president pro tempore of the Senate, 374
who shall be a person with expertise in building security, preferably 375
school building security; (5) one appointed by the speaker of the House 376
of Representatives, who shall be a licensed professional engineer who is 377
a structural engineer; (6) one appointed by the majority leader of the 378
Senate, who shall be a public school administrator certified by the State 379
Board of Education; (7) one appointed by the majority leader of the 380
House of Representatives, who shall be a firefighter, emergency medical 381 Substitute Bill No. 428
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technician or a paramedic; (8) one appointed by the minority leader of 382
the Senate, who shall be a school resource officer; (9) one appointed by 383
the minority leader of the House of Representatives, who shall be a 384
public school teacher certified by the State Board of Education; and (10) 385
two appointed by the Governor, one of whom shall be a licensed 386
building official and one of whom shall be a licensed architect. The 387
Commissioner of Administrative Services shall serve as the chairperson 388
of the council. The administrative staff of the Department of 389
Administrative Services shall serve as staff for the council and assist 390
with all ministerial duties.] 391
[(b)] (a) The [School Safety Infrastructure Council] School Building 392
Projects Advisory Council, established pursuant to section 10-292q, as 393
amended by this act, shall [develop] periodically review and update, as 394
necessary, school safety infrastructure criteria for school building 395
projects awarded grants pursuant to this chapter and the school security 396
infrastructure competitive grant program, pursuant to section 84 of 397
public act 13-3. Such school safety infrastructure criteria shall conform 398
to industry standards for school building safety infrastructure and shall 399
address areas including, but not be limited to, (1) entryways to school 400
buildings and classrooms, such as, reinforcement of entryways, ballistic 401
glass, solid core doors, double door access, computer-controlled 402
electronic locks, remote locks on all entrance and exits and buzzer 403
systems, (2) the use of cameras throughout the school building and at 404
all entrances and exits, including the use of closed-circuit television 405
monitoring, (3) penetration resistant vestibules, and (4) other security 406
infrastructure improvements and devices as they become industry 407
standards. [The council shall meet at least annually to review and 408
update, if necessary, the school safety infrastructure criteria and make 409
such criteria available to local and regional boards of education.] 410
[(c) Not later than January 1, 2014, and annually thereafter, the School 411
Safety Infrastructure Council] (b) The School Building Projects Advisory 412
Council shall submit any updates made to the school safety 413
infrastructure criteria to the Commissioners of Emergency Services and 414 Substitute Bill No. 428
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Public Protection and Education [, the School Building Projects 415
Advisory Council, established pursuant to section 10-292q,] and the 416
joint standing committees of the General Assembly having cognizance 417
of matters relating to public safety and education, in accordance with 418
the provisions of section 11-4a. 419
Sec. 8. Subsection (b) of section 10-287 of the 2022 supplement to the 420
general statutes is repealed and the following is substituted in lieu 421
thereof (Effective July 1, 2022): 422
(b) (1) All orders and contracts for school building construction 423
receiving state assistance under this chapter, except as provided in 424
subdivisions (2) to (4), inclusive, of this subsection, shall be awarded to 425
the lowest responsible qualified bidder only after a public invitation to 426
bid, [which shall be advertised in a newspaper having circulation in the 427
town in which construction is to take place,] except for (A) school 428
building projects for which the town or regional school district is using 429
a state contract pursuant to subsection (d) of section 10-292, and (B) 430
change orders, those contracts or orders costing less than ten thousand 431
dollars and those of an emergency nature, as determined by the 432
Commissioner of Administrative Services, in which cases the contractor 433
or vendor may be selected by negotiation, provided no local fiscal 434
regulations, ordinances or charter provisions conflict. 435
(2) All orders and contracts for architectural services shall be 436
awarded from a pool of not more than the four most responsible 437
qualified proposers after a public selection process. Such process shall, 438
at a minimum, involve requests for qualifications, followed by requests 439
for proposals, including fees, from the proposers meeting the 440
qualifications criteria of the request for qualifications process. [Public 441
advertisements shall be required in a newspaper having circulation in 442
the town in which construction is to take place, except for school 443
building projects for which the town or regional school district is using 444
a state contract pursuant to subsection (d) of section 10-292.] Following 445
the qualification process, the awarding authority shall evaluate the 446
proposals to determine the four most responsible qualified proposers 447 Substitute Bill No. 428
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using those criteria previously listed in the requests for qualifications 448
and requests for proposals for selecting architectural services specific to 449
the project or school district. Such evaluation criteria shall include due 450
consideration of the proposer's pricing for the project, experience with 451
work of similar size and scope as required for the order or contract, 452
organizational and team structure, including any subcontractors to be 453
utilized by the proposer, for the order or contract, past performance 454
data, including, but not limited to, adherence to project schedules and 455
project budgets and the number of change orders for projects, the 456
approach to the work required for the order or contract and documented 457
contract oversight capabilities, and may include criteria specific to the 458
project. Final selection by the awarding authority is limited to the pool 459
of the four most responsible qualified proposers and shall include 460
consideration of all criteria included within the request for proposals. 461
As used in this subdivision, "most responsible qualified proposer" 462
means the proposer who is qualified by the awarding authority when 463
considering price and the factors necessary for faithful performance of 464
the work based on the criteria and scope of work included in the request 465
for proposals. 466
(3) (A) All orders and contracts for construction management services 467
shall be awarded from a pool of not more than the four most responsible 468
qualified proposers after a public selection process. Such process shall, 469
at a minimum, involve requests for qualifications, followed by requests 470
for proposals, including fees, from the proposers meeting the 471
qualifications criteria of the request for qualifications process. [Public 472
advertisements shall be required in a newspaper having circulation in 473
the town in which construction is to take place, except for school 474
building projects for which the town or regional school district is using 475
a state contract pursuant to subsection (d) of section 10-292.] Following 476
the qualification process, the awarding authority shall evaluate the 477
proposals to determine the four most responsible qualified proposers 478
using those criteria previously listed in the requests for qualifications 479
and requests for proposals for selecting construction management 480
services specific to the project or school district. Such evaluation criteria 481 Substitute Bill No. 428
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shall include due consideration of the proposer's pricing for the project, 482
experience with work of similar size and scope as required for the order 483
or contract, organizational and team structure for the order or contract, 484
past performance data, including, but not limited to, adherence to 485
project schedules and project budgets and the number of change orders 486
for projects, the approach to the work required for the order or contract, 487
[including on and after July 1, 2022, whether the proposer intends to 488
self-perform any project element and the benefit to the awarding 489
authority that will result from such self-performance,] and documented 490
contract oversight capabilities, and may include criteria specific to the 491
project. Final selection by the awarding authority is limited to the pool 492
of the four most responsible qualified proposers and shall include 493
consideration of all criteria included within the request for proposals. 494
As used in this subdivision, "most responsible qualified proposer" 495
means the proposer who is qualified by the awarding authority when 496
considering price and the factors necessary for faithful performance of 497
the work based on the criteria and scope of work included in the request 498
for proposals. 499
(B) [On and after July 1, 2022, upon the written approval of the 500
Commissioner of Administrative Services, an awarding authority may 501
permit a construction manager to self-perform a portion of the 502
construction work if the awarding authority and the commissioner 503
determine that the construction manager can self-perform the work 504
more cost-effectively than a subcontractor. All work not performed by 505
the construction manager shall be performed by trade subcontractors 506
selected by a process approved by the awarding authority and the 507
commissioner.] The construction manager's contract shall include a 508
guaranteed maximum price for the cost of construction. Such 509
guaranteed maximum price shall be determined not later than ninety 510
days after the selection of the trade [subcontractors. Construction] 511
subcontractor bids. Each construction manager shall invite bids and 512
give notice of opportunities to bid on project elements on the State 513
Contracting Portal. Each bid shall be kept sealed until opened publicly 514
at the time and place set forth in the notice soliciting such bid. The 515 Substitute Bill No. 428
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construction manager shall, after consultation and approval by the town 516
or regional school district, award any related contracts for project 517
elements to the responsible qualified contractor submitting the lowest 518
bid in compliance with the bid requirements, provided that (i) the 519
construction manager shall not be eligible to submit a bid for any such 520
project element, and (ii) construction shall not begin prior to the 521
determination of the guaranteed maximum price, except work relating 522
to site preparation and demolition may commence prior to such 523
determination. 524
(4) All orders and contracts for any other consultant services, 525
including, but not limited to, consultant services rendered by an owner's 526
representatives, construction administrators, program managers, 527
environmental professionals, planners and financial specialists, shall 528
comply with the public selection process described in subdivision (2) of 529
this subsection. No costs associated with an order or contract for such 530
consultant services shall be eligible for state financial assistance under 531
this chapter unless such order or contract receives prior approval from 532
the Commissioner of Administrative Services. 533
Sec. 9. Subsection (a) of section 10-265h of the general statutes is 534
repealed and the following is substituted in lieu thereof (Effective July 1, 535
2022): 536
(a) The Commissioner of Administrative Services, in consultation 537
with the Commissioner of Education, shall establish, within available 538
bond authorizations, a grant program to assist alliance districts, as 539
defined in section 10-262u, in paying for general improvements to 540
school buildings. For purposes of this section "general improvements to 541
school buildings" means work that (1) is generally not eligible for 542
reimbursement pursuant to chapter 173, and (2) is to (A) replace 543
windows, doors, boilers and other heating and ventilation system 544
components, internal communications and technology systems, lockers, 545
floors, cafeteria equipment and ceilings, including the installation of 546
new drop ceilings, (B) upgrade restrooms including the replacement of 547
fixtures and related water supplies and drainage, (C) upgrade and 548 Substitute Bill No. 428
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replace lighting, including energy efficient upgrades to lighting systems 549
and controls to increase efficiency, and reduce consumption levels and 550
cost, (D) upgrade entryways, driveways, parking areas, play areas and 551
athletic fields, (E) upgrade equipment, including, but not limited to, the 552
following equipment purchased on or after November 1, 2017: Cabinets, 553
computers, laptops and related equipment and accessories, (F) repair 554
roofs, including the installation of energy efficient fixtures and systems 555
and environmental enhancements, or (G) install or upgrade security 556
equipment that is consistent with the school safety infrastructure 557
[standards, developed by the School Safety Infrastructure Council, 558
pursuant to] criteria described in section 10-292r, as amended by this 559
act, including, but not limited to, video surveillance devices and fencing, 560
provided "general improvements to school buildings" may include 561
work not specified in this subdivision if the alliance district provides 562
justification for such work acceptable to the Commissioner of 563
Administrative Services, but shall not include routine maintenance such 564
as painting, cleaning, equipment repair or other minor repairs or work 565
done at the administrative facilities of a board of education. 566
Sec. 10. Subsection (a) of section 10-284 of the general statutes is 567
repealed and the following is substituted in lieu thereof (Effective July 1, 568
2022): 569
(a) The Commissioner of Administrative Services shall have 570
authority to receive and review applications for state grants under this 571
chapter, and to approve any such application, or to disapprove any such 572
application if (1) it does not comply with the requirements of the State 573
Fire Marshal or the Department of Public Health, (2) it is not 574
accompanied by a life-cycle cost analysis approved by the 575
Commissioner of Administrative Services, (3) it does not comply with 576
the provisions of sections 10-290d and 10-291, (4) it does not meet (A) 577
the standards or requirements established in regulations adopted in 578
accordance with section 10-287c, or (B) school building categorization 579
requirements described in section 10-283, as amended by this act, (5) the 580
estimated construction cost exceeds the per square foot cost for schools 581 Substitute Bill No. 428
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established in regulations adopted by the Commissioner of 582
Administrative Services for the county in which the project is proposed 583
to be located, (6) on and after July 1, 2014, the application does not 584
comply with the school safety infrastructure criteria [developed by the 585
School Safety Infrastructure Council, pursuant to] described in section 586
10-292r, as amended by this act, except the Commissioner of 587
Administrative Services may waive any of the provisions of the school 588
safety infrastructure criteria if the commissioner determines that the 589
application demonstrates that the applicant has made a good faith effort 590
to address such criteria and that compliance with such criteria would be 591
infeasible, unreasonable or excessively expensive, (7) the Commissioner 592
of Education determines that the proposed educational specifications 593
for or theme of the project for which the applicant requests a state grant 594
duplicates a program offered by a technical education and career school 595
or an interdistrict magnet school in the same region, or (8) on and after 596
July 1, 2018, a regional educational service center is designated as the 597
project manager in the application. 598
Sec. 11. Subsection (a) of section 10-292 of the 2022 supplement to the 599
general statutes is repealed and the following is substituted in lieu 600
thereof (Effective July 1, 2022): 601
(a) Upon receipt by the Commissioner of Administrative Services of 602
the final plans for any phase of a school building project as provided in 603
section 10-291, said commissioner shall promptly review such plans and 604
check them to the extent appropriate for the phase of development or 605
construction for which final plans have been submitted to determine 606
whether they conform with the requirements of the Fire Safety Code, 607
the Department of Public Health, the life-cycle cost analysis approved 608
by the Commissioner of Administrative Services, the State Building 609
Code and the state and federal standards for design and construction of 610
public buildings to meet the needs of persons with disabilities and the 611
school safety infrastructure criteria, [developed by the School Safety 612
Infrastructure Council, pursuant to] described in section 10-292r, as 613
amended by this act, and if acceptable a final written approval of such 614 Substitute Bill No. 428
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phase shall be sent to the town or regional board of education and the 615
school building committee. No phase of a school building project, 616
subject to the provisions of subsection (c) or (d) of this section, shall go 617
out for bidding purposes prior to such written approval. 618
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 New section
Sec. 2 July 1, 2022 10-286(c)
Sec. 3 July 1, 2022 10-283(a)(1) and (2)
Sec. 4 July 1, 2022 10-283(b)
Sec. 5 July 1, 2022 10-287(d)
Sec. 6 July 1, 2022 10-292q(b)
Sec. 7 July 1, 2022 10-292r
Sec. 8 July 1, 2022 10-287(b)
Sec. 9 July 1, 2022 10-265h(a)
Sec. 10 July 1, 2022 10-284(a)
Sec. 11 July 1, 2022 10-292(a)
Statement of Legislative Commissioners:
In Section 3, added Subsec. (a)(1) for consistency, and added new
Sections 9 to 11, inclusive, for consistency.
ED Joint Favorable Subst.