Connecticut 2022 Regular Session

Connecticut Senate Bill SB00428 Compare Versions

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Version 2 (New)

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7		-	General Assembly Substitute Bill No. 428
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	5	+	LCO No. 3193 1 of 12
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	7	+	General Assembly Raised Bill No. 428
8	8		February Session, 2022
	9	+	LCO No. 3193
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	11	+
	12	+	Referred to Committee on EDUCATION
	13	+
	14	+
	15	+	Introduced by:
	16	+	(ED)
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14	21		AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
15	22		DEPARTMENT OF ADMINISTRATIVE SERVICES RELATING TO
16	23		SCHOOL CONSTRUCTION.
17	24		Be it enacted by the Senate and House of Representatives in General
18	25		Assembly convened:
19	26
20		-	Section 1. (NEW) (Effective July 1, 2022) (a) For the fiscal year ending 1
21		-	June 30, 2023, and each fiscal year thereafter, the Department of 2
22		-	Administrative Services shall administer a heating, ventilation and air 3
23		-	conditioning system grant program to reimburse local and regional 4
24		-	boards of education for costs associated with projects for the installation, 5
25		-	replacement or upgrading of heating, ventilation and air conditioning 6
26		-	systems or other improvements to indoor air quality in school buildings. 7
27		-	(b) (1) A local or regional board of education or a regional educational 8
28		-	service center may apply, at such time and in such manner as the 9
29		-	Commissioner of Administrative Services prescribes, for a grant for 10
30		-	projects for the installation, replacement or upgrading of heating, 11
31		-	ventilation and air conditioning systems or other improvements to 12
32		-	indoor air quality in school buildings. 13
33		-	(2) The commissioner shall develop eligibility criteria for the 14
34		-	awarding of grants under the program. Such criteria shall include, but 15
35		-	need not be limited to, (A) the age and condition of the current heating, 16
36		-	ventilation and air conditioning system or equipment being replaced or 17 Substitute Bill No. 428
	27	+	Section 1. Subsection (c) of section 10-286 of the general statutes is 1
	28	+	repealed and the following is substituted in lieu thereof (Effective July 1, 2
	29	+	2022): 3
	30	+	(c) In the computation of grants pursuant to this section for any 4
	31	+	school building project authorized by the General Assembly pursuant 5
	32	+	to section 10-283, as amended by this act, (1) after January 1, 1993, any 6
	33	+	maximum square footage per pupil limit established pursuant to this 7
	34	+	chapter or any regulation adopted by the State Board of Education or 8
	35	+	the Department of Administrative Services pursuant to this chapter 9
	36	+	shall be increased by twenty-five per cent for a building constructed 10
	37	+	prior to [1950] 1959; (2) after January 1, 2004, any maximum square 11
	38	+	footage per pupil limit established pursuant to this chapter or any 12
	39	+	regulation adopted by the Department of Administrative Services 13
	40	+	pursuant to this chapter shall be increased by up to one per cent to 14 Raised Bill No. 428
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43		-	upgraded in the school, (B) current air quality issues at the school, (C) 18
44		-	the age and condition of the overall school building, (D) the school 19
45		-	district's master plan, (E) the availability of maintenance records, (F) a 20
46		-	contract or plans for the routine maintenance and cleaning of the 21
47		-	heating, ventilation and air conditioning system, and (G) the local or 22
48		-	regional board of education's or regional educational service center's 23
49		-	ability to finance the remainder of the costs for such project after 24
50		-	receiving a grant under the program. The commissioner shall utilize 25
51		-	such eligibility criteria when determining whether to award a grant to 26
52		-	an applicant under the program. 27
53		-	(c) (1) A local board of education may receive a grant equal to a 28
54		-	percentage of its eligible expenses. The percentage shall be determined 29
55		-	by its ranking. Such ranking shall be determined as follows: (A) Each 30
56		-	town shall be ranked in descending order from one to one hundred 31
57		-	sixty-nine according to the adjusted equalized net grand list per capita, 32
58		-	as defined in section 10-261 of the general statutes, of the town two, 33
59		-	three and four years prior to the fiscal year in which application is made, 34
60		-	(B) based upon such ranking, a percentage of not less than twenty or 35
61		-	more than eighty shall be assigned to each town on a continuous scale, 36
62		-	and (C) the town ranked first shall be assigned a percentage of twenty 37
63		-	and the town ranked last shall be assigned a percentage of eighty. 38
64		-	(2) A regional board of education may receive a grant equal to a 39
65		-	percentage of its eligible expenses. The percentage shall be determined 40
66		-	by its ranking. Such ranking shall be determined as follows: (A) 41
67		-	Multiplying the total population, as defined in section 10-261 of the 42
68		-	general statutes, of each town in the district by such town's ranking, as 43
69		-	determined in subdivision (1) of this subsection, (B) adding together the 44
70		-	figures determined under subparagraph (A) of this subdivision, and (C) 45
71		-	dividing the total computed under subparagraph (B) of this subdivision 46
72		-	by the total population of all towns in the district. The ranking of each 47
73		-	regional board of education shall be rounded to the next higher whole 48
74		-	number and each such board shall receive the same reimbursement 49
75		-	percentage as would a town with the same rank plus ten per cent, except 50 Substitute Bill No. 428
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	46	+	accommodate a heating, ventilation or air conditioning system, if 15
	47	+	needed; (3) for the period from July 1, 2006, to June 30, 2009, inclusive, 16
	48	+	for projects with total authorized project costs greater than ten million 17
	49	+	dollars, if total construction change orders or other change directives 18
	50	+	otherwise eligible for grant assistance under this chapter exceed five per 19
	51	+	cent of the authorized total project cost, only fifty per cent of the amount 20
	52	+	of such change order or other change directives in excess of five per cent 21
	53	+	shall be eligible for grant assistance; and (4) after July 1, 2009, for projects 22
	54	+	with total authorized project costs greater than ten million dollars, if 23
	55	+	total construction change orders or other change directives otherwise 24
	56	+	eligible for grant assistance exceed five per cent of the total authorized 25
	57	+	project cost, such change order or other change directives in excess of 26
	58	+	five per cent shall be ineligible for grant assistance. 27
	59	+	Sec. 2. Subdivision (2) of subsection (a) of section 10-283 of the 2022 28
	60	+	supplement to the general statutes is repealed and the following is 29
	61	+	substituted in lieu thereof (Effective July 1, 2022): 30
	62	+	(2) The Commissioner of Administrative Services shall assign each 31
	63	+	school building project to a category on the basis of whether such project 32
	64	+	is primarily required to: (A) Create new facilities or alter existing 33
	65	+	facilities to provide for mandatory instructional programs pursuant to 34
	66	+	this chapter, for physical education facilities in compliance with Title IX 35
	67	+	of the Elementary and Secondary Education Act of 1972 where such 36
	68	+	programs or such compliance cannot be provided within existing 37
	69	+	facilities or for the correction of code violations which cannot be 38
	70	+	reasonably addressed within existing program space; (B) create new 39
	71	+	facilities or alter existing facilities to enhance mandatory instructional 40
	72	+	programs pursuant to this chapter or provide comparable facilities 41
	73	+	among schools to all students at the same grade level or levels within 42
	74	+	the school district unless such project is otherwise explicitly included in 43
	75	+	another category pursuant to this section; and (C) create new facilities 44
	76	+	or alter existing facilities to provide supportive services, provided in no 45
	77	+	event shall such supportive services include swimming pools, 46
	78	+	auditoriums, outdoor athletic facilities, tennis courts, elementary school 47
	79	+	playgrounds, site improvement or garages or storage, parking or 48 Raised Bill No. 428
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82		-	that no such percentage shall exceed eighty-five per cent. 51
83		-	(3) A regional educational service center may receive a grant equal to 52
84		-	a percentage of its eligible expenses. The percentage shall be determined 53
85		-	by its ranking. Such ranking shall be determined by (A) multiplying the 54
86		-	population of each member town in the regional educational service 55
87		-	center by such town's ranking, as determined in subdivision (1) of this 56
88		-	subsection, (B) adding together the figures for each town determined 57
89		-	under subparagraph (A) of this subdivision, and (C) dividing the total 58
90		-	computed under subparagraph (B) of this subdivision by the total 59
91		-	population of all member towns in the regional educational service 60
92		-	center. The ranking of each regional educational service center shall be 61
93		-	rounded to the next higher whole number and each such center shall 62
94		-	receive the same reimbursement percentage as would a town with the 63
95		-	same rank. 64
96		-	(4) The percentage determined pursuant to this subsection shall be 65
97		-	increased by five percentage points for any local or regional board of 66
98		-	education or regional educational service center if the commissioner, in 67
99		-	consultation with the Commission on Human Rights and 68
100		-	Opportunities, has determined that such board or center has exceeded 69
101		-	the requirements regarding minority business enterprises, as defined in 70
102		-	section 4a-60g of the general statutes, for the installation, replacement 71
103		-	or upgrading of heating, ventilation and air conditioning systems or 72
104		-	other improvements to indoor air quality in school buildings for which 73
105		-	a grant has been awarded under this section. 74
106		-	(5) The percentage determined pursuant to this subsection shall be 75
107		-	increased by five percentage points for any local or regional board of 76
108		-	education or regional educational service center that has entered into a 77
109		-	contract with a minority business enterprise, as defined in section 4a-78
110		-	60g of the general statutes, for at least a ten-year period, for the routine 79
111		-	maintenance and cleaning of the heating, ventilation and air 80
112		-	conditioning system for which a grant has been awarded under this 81
113		-	section. 82 Substitute Bill No. 428
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	85	+	general recreation areas. All applications submitted prior to July first 49
	86	+	shall be reviewed promptly by the Commissioner of Administrative 50
	87	+	Services. The Commissioner of Administrative Services shall estimate 51
	88	+	the amount of the grant for which such project is eligible, in accordance 52
	89	+	with the provisions of section 10-285a, provided an application for a 53
	90	+	school building project determined by the Commissioner of Education 54
	91	+	to be a project that will assist the state in meeting its obligations 55
	92	+	pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any 56
	93	+	related stipulation or order in effect, as determined by the 57
	94	+	Commissioner of Education, shall have until September first to submit 58
	95	+	an application for such a project and may have until December first of 59
	96	+	the same year to secure and report all local and state approvals required 60
	97	+	to complete the grant application. The Commissioner of Administrative 61
	98	+	Services shall annually prepare a listing of all such eligible school 62
	99	+	building projects listed by category together with the amount of the 63
	100	+	estimated grants for such projects and shall submit the same to the 64
	101	+	Governor, the Secretary of the Office of Policy and Management and the 65
	102	+	General Assembly on or before the fifteenth day of December, except as 66
	103	+	provided in section 10-283a, with a request for authorization to enter 67
	104	+	into grant commitments. On or before December thirty-first annually, 68
	105	+	the Secretary of the Office of Policy and Management may submit 69
	106	+	comments and recommendations regarding each eligible project on 70
	107	+	such listing of eligible school building projects to the school construction 71
	108	+	committee, established pursuant to section 10-283a. Each such listing 72
	109	+	shall include a report on the following factors for each eligible project: 73
	110	+	(i) An enrollment projection and the capacity of the school, (ii) a 74
	111	+	substantiation of the estimated total project costs, (iii) the readiness of 75
	112	+	such eligible project to begin construction, (iv) efforts made by the local 76
	113	+	or regional board of education to redistrict, reconfigure, merge or close 77
	114	+	schools under the jurisdiction of such board prior to submitting an 78
	115	+	application under this section, (v) enrollment and capacity information 79
	116	+	for all of the schools under the jurisdiction of such board for the five 80
	117	+	years prior to application for a school building project grant, (vi) 81
	118	+	enrollment projections and capacity information for all of the schools 82
	119	+	under the jurisdiction of such board for the eight years following the 83 Raised Bill No. 428
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120		-	(d) If there are not sufficient funds to provide grants to all local and 83
121		-	regional boards of education and regional educational service centers, 84
122		-	based on the percentage determined pursuant to subsection (c) of this 85
123		-	section, the commissioner shall give priority to applicants on behalf of 86
124		-	schools with the greatest need for heating, ventilation and air 87
125		-	conditioning systems or other improvements to indoor air quality in 88
126		-	school buildings, as determined by the commissioner based on the 89
127		-	eligibility criteria developed pursuant to subdivision (2) of subsection 90
128		-	(b) of this section. 91
129		-	(e) The following expenses shall not be eligible for reimbursement 92
130		-	under this section: (1) Routine maintenance and cleaning of the heating, 93
131		-	ventilation and air conditioning system, (2) work that is otherwise 94
132		-	eligible for a school building project grant under chapter 173 of the 95
133		-	general statutes, and (3) work performed at or on a public school 96
134		-	administrative or service facility that is not located or housed within a 97
135		-	public school building. 98
136		-	(f) No grant funds received under this section by a local or regional 99
137		-	board of education or a regional educational service center shall be used 100
138		-	to supplant local matching requirements for federal or state funding 101
139		-	otherwise received by such district for a project for the installation, 102
140		-	replacement or upgrading of heating, ventilation and air conditioning 103
141		-	systems or other improvements to indoor air quality in school buildings. 104
142		-	(g) Any project for the installation, replacement or upgrading of 105
143		-	heating, ventilation and air conditioning systems or other 106
144		-	improvements to indoor air quality in school buildings for which a grant 107
145		-	is awarded under this section shall be completed by the end of the next 108
146		-	calendar year, unless the duration of such project is extended by the 109
147		-	commissioner upon a showing of good cause by the local or regional 110
148		-	board of education or regional educational service center. 111
149		-	(h) Any local or regional board of education or regional educational 112
150		-	service center that receives a grant under this section shall (1) be 113
151		-	responsible for the routine maintenance and cleaning of the heating, 114 Substitute Bill No. 428
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	125	+	date such application is submitted, and (vii) the state's education 84
	126	+	priorities relating to reducing racial and economic isolation for the 85
	127	+	school district. On and after July 1, 2022, each such listing shall include 86
	128	+	an addendum that contains all grants approved pursuant to subsection 87
	129	+	(b) of this section during the prior fiscal year. For the period beginning 88
	130	+	July 1, 2006, and ending June 30, 2012, no project, other than a project 89
	131	+	for a technical education and career school, may appear on the separate 90
	132	+	schedule of authorized projects which have changed in cost more than 91
	133	+	twice. On and after July 1, 2012, no project, other than a project for a 92
	134	+	technical education and career school, may appear on the separate 93
	135	+	schedule of authorized projects which have changed in cost more than 94
	136	+	once, except the Commissioner of Administrative Services may allow a 95
	137	+	project to appear on such separate schedule of authorized projects a 96
	138	+	second time if the town or regional school district for such project can 97
	139	+	demonstrate that exigent circumstances require such project to appear a 98
	140	+	second time on such separate schedule of authorized projects. 99
	141	+	Notwithstanding any provision of this chapter, no projects which have 100
	142	+	changed in scope or cost to the degree determined by the Commissioner 101
	143	+	of Administrative Services, in consultation with the Commissioner of 102
	144	+	Education, shall be eligible for reimbursement under this chapter unless 103
	145	+	it appears on such list. The percentage determined pursuant to section 104
	146	+	10-285a at the time a school building project on such schedule was 105
	147	+	originally authorized shall be used for purposes of the grant for such 106
	148	+	project. On and after July 1, 2006, a project that was not previously 107
	149	+	authorized as an interdistrict magnet school shall not receive a higher 108
	150	+	percentage for reimbursement than that determined pursuant to section 109
	151	+	10-285a at the time a school building project on such schedule was 110
	152	+	originally authorized. The General Assembly shall annually authorize 111
	153	+	the Commissioner of Administrative Services to enter into grant 112
	154	+	commitments on behalf of the state in accordance with the 113
	155	+	commissioner's categorized listing for such projects as the General 114
	156	+	Assembly shall determine. The Commissioner of Administrative 115
	157	+	Services may not enter into any such grant commitments except 116
	158	+	pursuant to such legislative authorization. Any regional school district 117
	159	+	which assumes the responsibility for completion of a public school 118 Raised Bill No. 428
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158		-	ventilation and air conditioning system, and (2) provide training to 115
159		-	school personnel and building maintenance staff concerning the proper 116
160		-	use and maintenance of the heating, ventilation and air conditioning 117
161		-	system. 118
162		-	Sec. 2. Subsection (c) of section 10-286 of the general statutes is 119
163		-	repealed and the following is substituted in lieu thereof (Effective July 1, 120
164		-	2022): 121
165		-	(c) In the computation of grants pursuant to this section for any 122
166		-	school building project authorized by the General Assembly pursuant 123
167		-	to section 10-283, as amended by this act, (1) after January 1, 1993, any 124
168		-	maximum square footage per pupil limit established pursuant to this 125
169		-	chapter or any regulation adopted by the State Board of Education or 126
170		-	the Department of Administrative Services pursuant to this chapter 127
171		-	shall be increased by twenty-five per cent for a building constructed 128
172		-	prior to [1950] 1959; (2) after January 1, 2004, any maximum square 129
173		-	footage per pupil limit established pursuant to this chapter or any 130
174		-	regulation adopted by the Department of Administrative Services 131
175		-	pursuant to this chapter shall be increased by up to one per cent to 132
176		-	accommodate a heating, ventilation or air conditioning system, if 133
177		-	needed; (3) for the period from July 1, 2006, to June 30, 2009, inclusive, 134
178		-	for projects with total authorized project costs greater than ten million 135
179		-	dollars, if total construction change orders or other change directives 136
180		-	otherwise eligible for grant assistance under this chapter exceed five per 137
181		-	cent of the authorized total project cost, only fifty per cent of the amount 138
182		-	of such change order or other change directives in excess of five per cent 139
183		-	shall be eligible for grant assistance; and (4) after July 1, 2009, for projects 140
184		-	with total authorized project costs greater than ten million dollars, if 141
185		-	total construction change orders or other change directives otherwise 142
186		-	eligible for grant assistance exceed five per cent of the total authorized 143
187		-	project cost, such change order or other change directives in excess of 144
188		-	five per cent shall be ineligible for grant assistance. 145
189		-	Sec. 3. Subdivisions (1) and (2) of subsection (a) of section 10-283 of 146
190		-	the 2022 supplement to the general statutes are repealed and the 147 Substitute Bill No. 428
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	165	+	building project shall be eligible for a grant pursuant to subdivision (5) 119
	166	+	or (6), as the case may be, of subsection (a) of section 10-286 when such 120
	167	+	project is completed and accepted by such regional school district. 121
	168	+	Sec. 3. Subsection (b) of section 10-283 of the 2022 supplement to the 122
	169	+	general statutes is repealed and the following is substituted in lieu 123
	170	+	thereof (Effective July 1, 2022): 124
	171	+	(b) [(1)] Notwithstanding the application date requirements of this 125
	172	+	section, at any time within the limit of available grant authorization and 126
	173	+	within the limit of appropriated funds, the Commissioner of 127
	174	+	Administrative Services, in consultation with the Commissioner of 128
	175	+	Education, may approve applications for grants and make payments for 129
	176	+	such grants, for any of the following reasons: (A) To assist school 130
	177	+	building projects to remedy damage from fire and catastrophe, (B) to 131
	178	+	correct safety, health and other code violations, (C) to replace roofs, 132
	179	+	including the replacement or installation of skylights as part of the roof 133
	180	+	replacement project, (D) to remedy a certified school indoor air quality 134
	181	+	emergency, (E) to install insulation for exterior walls and attics, or (F) to 135
	182	+	purchase and install a limited use and limited access elevator, windows, 136
	183	+	photovoltaic panels, wind generation systems, building management 137
	184	+	systems [, a public school administrative or service facility] or portable 138
	185	+	classroom buildings, provided portable classroom building projects 139
	186	+	shall not create a new facility or cause an existing facility to be modified 140
	187	+	so that the portable buildings comprise a substantial percentage of the 141
	188	+	total facility area, as determined by the commissioner. [, or (G) for school 142
	189	+	security projects, including, but not limited to, making improvements to 143
	190	+	existing school security infrastructure or installing new school security 144
	191	+	infrastructure.] 145
	192	+	[(2) Not later than seven calendar days following the discovery of a 146
	193	+	reason described in subparagraphs (A) to (F), inclusive, of subdivision 147
	194	+	(1) of this subsection, the superintendent of schools of a town or regional 148
	195	+	school district shall notify the Commissioner of Administrative Services 149
	196	+	in writing of such reason in order to be eligible for a grant under this 150
	197	+	subsection. Such superintendent shall submit an application to the 151 Raised Bill No. 428
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197		-	following is substituted in lieu thereof (Effective July 1, 2022): 148
198		-	(a) (1) Each town or regional school district shall be eligible to apply 149
199		-	for and accept grants for a school building project as provided in this 150
200		-	chapter. Any town desiring a grant for a public school building project 151
201		-	may, by vote of its legislative body, authorize the board of education of 152
202		-	such town to apply to the Commissioner of Administrative Services and 153
203		-	to accept or reject such grant for the town. Any regional school board 154
204		-	may vote to authorize the supervising agent of the regional school 155
205		-	district to apply to the Commissioner of Administrative Services for and 156
206		-	to accept or reject such grant for the district. Applications for such grants 157
207		-	under this chapter shall be made by the superintendent of schools of 158
208		-	such town or regional school district on the form provided and in the 159
209		-	manner prescribed by the Commissioner of Administrative Services. 160
210		-	The application form shall require the superintendent of schools to 161
211		-	affirm that the school district considered the maximization of natural 162
212		-	light, the use and feasibility of wireless connectivity technology and, on 163
213		-	and after July 1, 2014, the school safety infrastructure criteria, 164
214		-	[developed by the School Safety Infrastructure Council, pursuant to] 165
215		-	described in section 10-292r, as amended by this act, in projects for new 166
216		-	construction and alteration or renovation of a school building. The 167
217		-	Commissioner of Administrative Services shall review each grant 168
218		-	application for a school building project for compliance with 169
219		-	educational requirements and on the basis of categories for building 170
220		-	projects established by the Commissioner of Administrative Services in 171
221		-	accordance with this section. The Commissioner of Education shall 172
222		-	evaluate, if appropriate, whether the project will assist the state in 173
223		-	meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 174
224		-	Conn. 1 (1996), or any related stipulation or order in effect, as 175
225		-	determined by the Commissioner of Education. The Commissioner of 176
226		-	Administrative Services shall consult with the Commissioner of 177
227		-	Education in reviewing grant applications submitted for purposes of 178
228		-	subsection (a) of section 10-65 or section 10-76e on the basis of the 179
229		-	educational needs of the applicant. The Commissioner of 180
230		-	Administrative Services shall review each grant application for a school 181 Substitute Bill No. 428
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	203	+	commissioner not later than six months following such notification in 152
	204	+	order to receive a grant under this subsection.] 153
	205	+	Sec. 4. Subsection (d) of section 10-287 of the 2022 supplement to the 154
	206	+	general statutes is repealed and the following is substituted in lieu 155
	207	+	thereof (Effective July 1, 2022): 156
	208	+	(d) (1) Each town or regional school district shall submit a final grant 157
	209	+	application to the Department of Administrative Services within one 158
	210	+	year from the date of completion and acceptance of the school building 159
	211	+	project by the town or regional school district. If a town or regional 160
	212	+	school district fails to submit a final grant application within said period 161
	213	+	of time, the commissioner may withhold ten per cent of the state 162
	214	+	reimbursement for such project. 163
	215	+	(2) (A) On and after July 1, 2022, each town or regional school district 164
	216	+	shall submit a notice of project completion within three years from the 165
	217	+	date of the issuance of a certificate of occupancy for the school building 166
	218	+	project by the town or regional school district. If a town or regional 167
	219	+	school district fails to submit such notice of project completion within 168
	220	+	said period of time, the commissioner shall deem such project 169
	221	+	completed and conduct an audit of such project in accordance with the 170
	222	+	provisions of this chapter. 171
	223	+	(B) For any school building project authorized by the General 172
	224	+	Assembly prior to July 1, 2022, the commissioner shall deem as complete 173
	225	+	any such project in which a certificate of occupancy has been granted, 174
	226	+	but for which a notice of project completion has not been submitted by 175
	227	+	the town or regional school district on or before July 1, 2025. 176
	228	+	Sec. 5. Subsection (b) of section 10-292q of the general statutes is 177
	229	+	repealed and the following is substituted in lieu thereof (Effective July 1, 178
	230	+	2022): 179
	231	+	(b) The School Building Projects Advisory Council shall (1) develop 180
	232	+	model blueprints for new school building projects that are in accordance 181
	233	+	with industry standards for school buildings and the school safety 182 Raised Bill No. 428
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237		-	building project for compliance with standards for school building 182
238		-	projects pursuant to regulations, adopted in accordance with section 10-183
239		-	287c, and, on and after July 1, 2014, the school safety infrastructure 184
240		-	criteria, [developed by the School Safety Infrastructure Council 185
241		-	pursuant to] described in section 10-292r, as amended by this act. 186
242		-	Notwithstanding the provisions of this chapter, the Board of Trustees of 187
243		-	the Community-Technical Colleges on behalf of Quinebaug Valley 188
244		-	Community College and Three Rivers Community College and the 189
245		-	following entities that will operate an interdistrict magnet school that 190
246		-	will assist the state in meeting its obligations pursuant to the decision in 191
247		-	Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order 192
248		-	in effect, as determined by the Commissioner of Education, may apply 193
249		-	for and shall be eligible to receive grants for school building projects 194
250		-	pursuant to section 10-264h for such a school: (A) The Board of Trustees 195
251		-	of the Community-Technical Colleges on behalf of a regional 196
252		-	community-technical college, (B) the Board of Trustees of the 197
253		-	Connecticut State University System on behalf of a state university, (C) 198
254		-	the Board of Trustees for The University of Connecticut on behalf of the 199
255		-	university, (D) the board of governors for an independent institution of 200
256		-	higher education, as defined in subsection (a) of section 10a-173, or the 201
257		-	equivalent of such a board, on behalf of the independent institution of 202
258		-	higher education, (E) cooperative arrangements pursuant to section 10-203
259		-	158a, and (F) any other third-party not-for-profit corporation approved 204
260		-	by the Commissioner of Education. 205
261		-	(2) The Commissioner of Administrative Services shall assign each 206
262		-	school building project to a category on the basis of whether such project 207
263		-	is primarily required to: (A) Create new facilities or alter existing 208
264		-	facilities to provide for mandatory instructional programs pursuant to 209
265		-	this chapter, for physical education facilities in compliance with Title IX 210
266		-	of the Elementary and Secondary Education Act of 1972 where such 211
267		-	programs or such compliance cannot be provided within existing 212
268		-	facilities or for the correction of code violations which cannot be 213
269		-	reasonably addressed within existing program space; (B) create new 214
270		-	facilities or alter existing facilities to enhance mandatory instructional 215 Substitute Bill No. 428
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	238	+
	239	+	infrastructure criteria, developed pursuant to section 10-292r, as 183
	240	+	amended by this act, (2) conduct studies, research and analyses, [and] 184
	241	+	(3) make recommendations for improvements to the school building 185
	242	+	projects processes to the Governor and the joint standing committee of 186
	243	+	the General Assembly having cognizance of matters relating to 187
	244	+	appropriations and the budgets of state agencies, education and finance, 188
	245	+	revenue and bonding, and (4) periodically review and update, as 189
	246	+	necessary, the school safety infrastructure criteria developed pursuant 190
	247	+	to section 10-292r, as amended by this act. 191
	248	+	Sec. 6. Section 10-292r of the general statutes is repealed and the 192
	249	+	following is substituted in lieu thereof (Effective July 1, 2022): 193
	250	+	[(a) There is established a School Safety Infrastructure Council. The 194
	251	+	council shall consist of: (1) The Commissioner of Administrative 195
	252	+	Services, or the commissioner's designee; (2) the Commissioner of 196
	253	+	Emergency Services and Public Protection, or the commissioner's 197
	254	+	designee; (3) the Commissioner of Education, or the commissioner's 198
	255	+	designee; (4) one appointed by the president pro tempore of the Senate, 199
	256	+	who shall be a person with expertise in building security, preferably 200
	257	+	school building security; (5) one appointed by the speaker of the House 201
	258	+	of Representatives, who shall be a licensed professional engineer who is 202
	259	+	a structural engineer; (6) one appointed by the majority leader of the 203
	260	+	Senate, who shall be a public school administrator certified by the State 204
	261	+	Board of Education; (7) one appointed by the majority leader of the 205
	262	+	House of Representatives, who shall be a firefighter, emergency medical 206
	263	+	technician or a paramedic; (8) one appointed by the minority leader of 207
	264	+	the Senate, who shall be a school resource officer; (9) one appointed by 208
	265	+	the minority leader of the House of Representatives, who shall be a 209
	266	+	public school teacher certified by the State Board of Education; and (10) 210
	267	+	two appointed by the Governor, one of whom shall be a licensed 211
	268	+	building official and one of whom shall be a licensed architect. The 212
	269	+	Commissioner of Administrative Services shall serve as the chairperson 213
	270	+	of the council. The administrative staff of the Department of 214
	271	+	Administrative Services shall serve as staff for the council and assist 215
	272	+	with all ministerial duties.] 216 Raised Bill No. 428
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277		-	~~programs pursuant to this chapter or provide comparable facilities 216~~
278		-	~~among schools to all students at the same grade level or levels within 217~~
279		-	the school ~~district unless such project is otherwise explicitly included in 218~~
280		-	~~another category~~ pursuant to ~~this section;~~ ~~and (C) create new facilities 219~~
281		-	~~or alter existing facilities to provide supportive services~~, ~~provided in no 220~~
282		-	~~event shall such supportive services include swimming pools~~, ~~221~~
283		-	~~auditoriums, outdoor athletic facilities,~~ ~~tennis courts,~~ ~~elementary~~ school ~~222~~
284		-	~~playgrounds~~, ~~site improvement or garages or storage,~~ ~~parking or 223~~
285		-	~~general recreation areas~~. ~~All applications submitted prior to July first 224~~
286		-	shall ~~be reviewed promptly by the Commissioner of Administrative 225~~
287		-	~~Services. The Commissioner of Administrative Services shall estimate 226~~
288		-	~~the amount~~ of ~~the grant for which such project is eligible~~, ~~in accordance 227~~
289		-	~~with the provisions of section 10-285a~~, ~~provided an application for a 228~~
290		-	~~school building project determined by the Commissioner of Education 229~~
291		-	~~to be a project that will assist~~ the ~~state in meeting its obligations 230~~
292		-	~~pursuant to~~ the ~~decision in Sheff v.~~ ~~O'Neill, 238 Conn. 1 (1996), or any 231~~
293		-	~~related stipulation or order in effect~~, ~~as determined by the 232~~
294		-	~~Commissioner of Education,~~ ~~shall have until September first to submit 233~~
295		-	~~an application for such a project~~ and ~~may have until December first of 234~~
296		-	the ~~same year to secure~~ and ~~report all local and state approvals required 235~~
297		-	to ~~complete the grant application. The Commissioner~~ of ~~Administrative 236~~
298		-	~~Services shall~~ annually ~~prepare a listing of all such eligible school 237~~
299		-	building projects ~~listed by category together with the amount of the 238~~
300		-	~~estimated grants for such projects and~~ shall submit ~~the same~~ to the ~~239~~
301		-	~~Governor,~~ the ~~Secretary~~ of ~~the Office of Policy~~ and ~~Management and the 240~~
302		-	~~General Assembly on or before~~ the ~~fifteenth day of December,~~ ~~except as 241~~
303		-	~~provided in~~ section 10-~~283a~~, ~~with a request for authorization to enter 242~~
304		-	~~into grant commitments.~~ ~~On or before December thirty-first~~ ~~annually, 243~~
305		-	~~the Secretary~~ of ~~the Office of Policy~~ and ~~Management may submit 244~~
306		-	~~comments and recommendations regarding each eligible project on 245~~
307		-	~~such listing~~ of ~~eligible school building projects~~ to the ~~school construction 246~~
308		-	~~committee, established pursuant to section 10-283a. Each such listing 247~~
309		-	~~shall include a report on the following factors for each eligible project~~: ~~248~~
310		-	(i) ~~An enrollment projection~~ and ~~the capacity of the~~ school~~, (ii) a 249~~
311		-	~~substantiation of the estimated total project costs~~, ~~(iii) the readiness of 250 Substitute~~ Bill No. 428
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	277	+
	278	+	[(b)] (a) The [School Safety Infrastructure Council] School Building 217
	279	+	Projects Advisory Council, established pursuant to section 10-292q, as 218
	280	+	amended by this act, shall [develop] periodically review and update, as 219
	281	+	necessary, school safety infrastructure criteria for school building 220
	282	+	projects awarded grants pursuant to this chapter and the school security 221
	283	+	infrastructure competitive grant program, pursuant to section 84 of 222
	284	+	public act 13-3*. Such school safety infrastructure criteria shall conform 223
	285	+	to industry standards for school building safety infrastructure and shall 224
	286	+	address areas including, but not be limited to, (1) entryways to school 225
	287	+	buildings and classrooms, such as, reinforcement of entryways, ballistic 226
	288	+	glass, solid core doors, double door access, computer-controlled 227
	289	+	electronic locks, remote locks on all entrance and exits and buzzer 228
	290	+	systems, (2) the use of cameras throughout the school building and at 229
	291	+	all entrances and exits, including the use of closed-circuit television 230
	292	+	monitoring, (3) penetration resistant vestibules, and (4) other security 231
	293	+	infrastructure improvements and devices as they become industry 232
	294	+	standards. [The council shall meet at least annually to review and 233
	295	+	update, if necessary, the school safety infrastructure criteria and make 234
	296	+	such criteria available to local and regional boards of education.] 235
	297	+	[(c)] (b) [Not later than January 1, 2014, and annually thereafter, the 236
	298	+	School Safety Infrastructure Council] The School Building Projects 237
	299	+	Advisory Council shall submit any updates made to the school safety 238
	300	+	infrastructure criteria to the Commissioners of Emergency Services and 239
	301	+	Public Protection and Education [, the School Building Projects 240
	302	+	Advisory Council, established pursuant to section 10-292q,] and the 241
	303	+	joint standing committees of the General Assembly having cognizance 242
	304	+	of matters relating to public safety and education, in accordance with 243
	305	+	the provisions of section 11-4a. 244
	306	+	Sec. 7. Subsection (b) of section 10-287 of the 2022 supplement to the 245
	307	+	general statutes is repealed and the following is substituted in lieu 246
	308	+	thereof (Effective July 1, 2022): 247
	309	+	(b) (1) All orders and contracts for school building construction 248
	310	+	receiving state assistance under this chapter, except as provided in 249 Raised Bill No. 428
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318		-	such eligible project to begin construction, (iv) efforts made by the local 251
319		-	or regional board of education to redistrict, reconfigure, merge or close 252
320		-	schools under the jurisdiction of such board prior to submitting an 253
321		-	application under this section, (v) enrollment and capacity information 254
322		-	for all of the schools under the jurisdiction of such board for the five 255
323		-	years prior to application for a school building project grant, (vi) 256
324		-	enrollment projections and capacity information for all of the schools 257
325		-	under the jurisdiction of such board for the eight years following the 258
326		-	date such application is submitted, and (vii) the state's education 259
327		-	priorities relating to reducing racial and economic isolation for the 260
328		-	school district. On and after July 1, 2022, each such listing shall include 261
329		-	an addendum that contains all grants approved pursuant to subsection 262
330		-	(b) of this section during the prior fiscal year. For the period beginning 263
331		-	July 1, 2006, and ending June 30, 2012, no project, other than a project 264
332		-	for a technical education and career school, may appear on the separate 265
333		-	schedule of authorized projects which have changed in cost more than 266
334		-	twice. On and after July 1, 2012, no project, other than a project for a 267
335		-	technical education and career school, may appear on the separate 268
336		-	schedule of authorized projects which have changed in cost more than 269
337		-	once, except the Commissioner of Administrative Services may allow a 270
338		-	project to appear on such separate schedule of authorized projects a 271
339		-	second time if the town or regional school district for such project can 272
340		-	demonstrate that exigent circumstances require such project to appear a 273
341		-	second time on such separate schedule of authorized projects. 274
342		-	Notwithstanding any provision of this chapter, no projects which have 275
343		-	changed in scope or cost to the degree determined by the Commissioner 276
344		-	of Administrative Services, in consultation with the Commissioner of 277
345		-	Education, shall be eligible for reimbursement under this chapter unless 278
346		-	it appears on such list. The percentage determined pursuant to section 279
347		-	10-285a at the time a school building project on such schedule was 280
348		-	originally authorized shall be used for purposes of the grant for such 281
349		-	project. On and after July 1, 2006, a project that was not previously 282
350		-	authorized as an interdistrict magnet school shall not receive a higher 283
351		-	percentage for reimbursement than that determined pursuant to section 284
352		-	10-285a at the time a school building project on such schedule was 285 Substitute Bill No. 428
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	315	+
	316	+	subdivisions (2) to (4), inclusive, of this subsection, shall be awarded to 250
	317	+	the lowest responsible qualified bidder only after a public invitation to 251
	318	+	bid, [which shall be advertised in a newspaper having circulation in the 252
	319	+	town in which construction is to take place,] except for (A) school 253
	320	+	building projects for which the town or regional school district is using 254
	321	+	a state contract pursuant to subsection (d) of section 10-292, and (B) 255
	322	+	change orders, those contracts or orders costing less than ten thousand 256
	323	+	dollars and those of an emergency nature, as determined by the 257
	324	+	Commissioner of Administrative Services, in which cases the contractor 258
	325	+	or vendor may be selected by negotiation, provided no local fiscal 259
	326	+	regulations, ordinances or charter provisions conflict. 260
	327	+	(2) All orders and contracts for architectural services shall be 261
	328	+	awarded from a pool of not more than the four most responsible 262
	329	+	qualified proposers after a public selection process. Such process shall, 263
	330	+	at a minimum, involve requests for qualifications, followed by requests 264
	331	+	for proposals, including fees, from the proposers meeting the 265
	332	+	qualifications criteria of the request for qualifications process. [Public 266
	333	+	advertisements shall be required in a newspaper having circulation in 267
	334	+	the town in which construction is to take place, except for school 268
	335	+	building projects for which the town or regional school district is using 269
	336	+	a state contract pursuant to subsection (d) of section 10-292.] Following 270
	337	+	the qualification process, the awarding authority shall evaluate the 271
	338	+	proposals to determine the four most responsible qualified proposers 272
	339	+	using those criteria previously listed in the requests for qualifications 273
	340	+	and requests for proposals for selecting architectural services specific to 274
	341	+	the project or school district. Such evaluation criteria shall include due 275
	342	+	consideration of the proposer's pricing for the project, experience with 276
	343	+	work of similar size and scope as required for the order or contract, 277
	344	+	organizational and team structure, including any subcontractors to be 278
	345	+	utilized by the proposer, for the order or contract, past performance 279
	346	+	data, including, but not limited to, adherence to project schedules and 280
	347	+	project budgets and the number of change orders for projects, the 281
	348	+	approach to the work required for the order or contract and documented 282
	349	+	contract oversight capabilities, and may include criteria specific to the 283 Raised Bill No. 428
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359		-	originally authorized. The General Assembly shall annually authorize 286
360		-	the Commissioner of Administrative Services to enter into grant 287
361		-	commitments on behalf of the state in accordance with the 288
362		-	commissioner's categorized listing for such projects as the General 289
363		-	Assembly shall determine. The Commissioner of Administrative 290
364		-	Services may not enter into any such grant commitments except 291
365		-	pursuant to such legislative authorization. Any regional school district 292
366		-	which assumes the responsibility for completion of a public school 293
367		-	building project shall be eligible for a grant pursuant to subdivision (5) 294
368		-	or (6), as the case may be, of subsection (a) of section 10-286 when such 295
369		-	project is completed and accepted by such regional school district. 296
370		-	Sec. 4. Subsection (b) of section 10-283 of the 2022 supplement to the 297
371		-	general statutes is repealed and the following is substituted in lieu 298
372		-	thereof (Effective July 1, 2022): 299
373		-	(b) [(1)] Notwithstanding the application date requirements of this 300
374		-	section, at any time within the limit of available grant authorization and 301
375		-	within the limit of appropriated funds, the Commissioner of 302
376		-	Administrative Services, in consultation with the Commissioner of 303
377		-	Education, may approve applications for grants and make payments for 304
378		-	such grants, for any of the following reasons: (A) To assist school 305
379		-	building projects to remedy damage from fire and catastrophe, (B) to 306
380		-	correct safety, health and other code violations, (C) to replace roofs, 307
381		-	including the replacement or installation of skylights as part of the roof 308
382		-	replacement project, (D) to remedy a certified school indoor air quality 309
383		-	emergency, (E) to install insulation for exterior walls and attics, or (F) to 310
384		-	purchase and install a limited use and limited access elevator, windows, 311
385		-	photovoltaic panels, wind generation systems, building management 312
386		-	systems [, a public school administrative or service facility] or portable 313
387		-	classroom buildings, provided portable classroom building projects 314
388		-	shall not create a new facility or cause an existing facility to be modified 315
389		-	so that the portable buildings comprise a substantial percentage of the 316
390		-	total facility area, as determined by the commissioner. [, or (G) for school 317
391		-	security projects, including, but not limited to, making improvements to 318 Substitute Bill No. 428
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	354	+
	355	+	project. Final selection by the awarding authority is limited to the pool 284
	356	+	of the four most responsible qualified proposers and shall include 285
	357	+	consideration of all criteria included within the request for proposals. 286
	358	+	As used in this subdivision, "most responsible qualified proposer" 287
	359	+	means the proposer who is qualified by the awarding authority when 288
	360	+	considering price and the factors necessary for faithful performance of 289
	361	+	the work based on the criteria and scope of work included in the request 290
	362	+	for proposals. 291
	363	+	(3) (A) All orders and contracts for construction management services 292
	364	+	shall be awarded from a pool of not more than the four most responsible 293
	365	+	qualified proposers after a public selection process. Such process shall, 294
	366	+	at a minimum, involve requests for qualifications, followed by requests 295
	367	+	for proposals, including fees, from the proposers meeting the 296
	368	+	qualifications criteria of the request for qualifications process. [Public 297
	369	+	advertisements shall be required in a newspaper having circulation in 298
	370	+	the town in which construction is to take place, except for school 299
	371	+	building projects for which the town or regional school district is using 300
	372	+	a state contract pursuant to subsection (d) of section 10-292.] Following 301
	373	+	the qualification process, the awarding authority shall evaluate the 302
	374	+	proposals to determine the four most responsible qualified proposers 303
	375	+	using those criteria previously listed in the requests for qualifications 304
	376	+	and requests for proposals for selecting construction management 305
	377	+	services specific to the project or school district. Such evaluation criteria 306
	378	+	shall include due consideration of the proposer's pricing for the project, 307
	379	+	experience with work of similar size and scope as required for the order 308
	380	+	or contract, organizational and team structure for the order or contract, 309
	381	+	past performance data, including, but not limited to, adherence to 310
	382	+	project schedules and project budgets and the number of change orders 311
	383	+	for projects, the approach to the work required for the order or contract, 312
	384	+	[including on and after July 1, 2022, whether the proposer intends to 313
	385	+	self-perform any project element and the benefit to the awarding 314
	386	+	authority that will result from such self-performance,] and documented 315
	387	+	contract oversight capabilities, and may include criteria specific to the 316
	388	+	project. Final selection by the awarding authority is limited to the pool 317 Raised Bill No. 428
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398		-	existing school security infrastructure or installing new school security 319
399		-	infrastructure.] 320
400		-	[(2) Not later than seven calendar days following the discovery of a 321
401		-	reason described in subparagraphs (A) to (F), inclusive, of subdivision 322
402		-	(1) of this subsection, the superintendent of schools of a town or regional 323
403		-	school district shall notify the Commissioner of Administrative Services 324
404		-	in writing of such reason in order to be eligible for a grant under this 325
405		-	subsection. Such superintendent shall submit an application to the 326
406		-	commissioner not later than six months following such notification in 327
407		-	order to receive a grant under this subsection.] 328
408		-	Sec. 5. Subsection (d) of section 10-287 of the 2022 supplement to the 329
409		-	general statutes is repealed and the following is substituted in lieu 330
410		-	thereof (Effective July 1, 2022): 331
411		-	(d) (1) Each town or regional school district shall submit a final grant 332
412		-	application to the Department of Administrative Services within one 333
413		-	year from the date of completion and acceptance of the school building 334
414		-	project by the town or regional school district. If a town or regional 335
415		-	school district fails to submit a final grant application within said period 336
416		-	of time, the commissioner may withhold ten per cent of the state 337
417		-	reimbursement for such project. 338
418		-	(2) (A) On and after July 1, 2022, each town or regional school district 339
419		-	shall submit a notice of project completion within three years from the 340
420		-	date of the issuance of a certificate of occupancy for the school building 341
421		-	project by the town or regional school district. If a town or regional 342
422		-	school district fails to submit such notice of project completion within 343
423		-	said period of time, the commissioner shall deem such project 344
424		-	completed and conduct an audit of such project in accordance with the 345
425		-	provisions of this chapter. 346
426		-	(B) For any school building project authorized by the General 347
427		-	Assembly prior to July 1, 2022, the commissioner shall deem as complete 348
428		-	any such project in which a certificate of occupancy has been granted, 349 Substitute Bill No. 428
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	394	+	of the four most responsible qualified proposers and shall include 318
	395	+	consideration of all criteria included within the request for proposals. 319
	396	+	As used in this subdivision, "most responsible qualified proposer" 320
	397	+	means the proposer who is qualified by the awarding authority when 321
	398	+	considering price and the factors necessary for faithful performance of 322
	399	+	the work based on the criteria and scope of work included in the request 323
	400	+	for proposals. 324
	401	+	(B) [On and after July 1, 2022, upon the written approval of the 325
	402	+	Commissioner of Administrative Services, an awarding authority may 326
	403	+	permit a construction manager to self-perform a portion of the 327
	404	+	construction work if the awarding authority and the commissioner 328
	405	+	determine that the construction manager can self-perform the work 329
	406	+	more cost-effectively than a subcontractor. All work not performed by 330
	407	+	the construction manager shall be performed by trade subcontractors 331
	408	+	selected by a process approved by the awarding authority and the 332
	409	+	commissioner.] The construction manager's contract shall include a 333
	410	+	guaranteed maximum price for the cost of construction. Such 334
	411	+	guaranteed maximum price shall be determined not later than ninety 335
	412	+	days after the selection of the trade [subcontractors. Construction] 336
	413	+	subcontractor bids. Each construction manager shall invite bids and 337
	414	+	give notice of opportunities to bid on project elements on the State 338
	415	+	Contracting Portal. Each bid shall be kept sealed until opened publicly 339
	416	+	at the time and place set forth in the notice soliciting such bid. The 340
	417	+	construction manager shall, after consultation and approval by the town 341
	418	+	or regional school district, award any related contracts for project 342
	419	+	elements to the responsible qualified contractor submitting the lowest 343
	420	+	bid in compliance with the bid requirements, provided that (i) the 344
	421	+	construction manager shall not be eligible to submit a bid for any such 345
	422	+	project element, and (ii) construction shall not begin prior to the 346
	423	+	determination of the guaranteed maximum price, except work relating 347
	424	+	to site preparation and demolition may commence prior to such 348
	425	+	determination. 349
	426	+	(4) All orders and contracts for any other consultant services, 350
	427	+	including, but not limited to, consultant services rendered by an owner's 351 Raised Bill No. 428
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435		-	but for which a notice of project completion has not been submitted by 350
436		-	the town or regional school district on or before July 1, 2025. 351
437		-	Sec. 6. Subsection (b) of section 10-292q of the general statutes is 352
438		-	repealed and the following is substituted in lieu thereof (Effective July 1, 353
439		-	2022): 354
440		-	(b) The School Building Projects Advisory Council shall (1) develop 355
441		-	model blueprints for new school building projects that are in accordance 356
442		-	with industry standards for school buildings and the school safety 357
443		-	infrastructure criteria, developed pursuant to section 10-292r, as 358
444		-	amended by this act, (2) conduct studies, research and analyses, [and] 359
445		-	(3) make recommendations for improvements to the school building 360
446		-	projects processes to the Governor and the joint standing committee of 361
447		-	the General Assembly having cognizance of matters relating to 362
448		-	appropriations and the budgets of state agencies, education and finance, 363
449		-	revenue and bonding, and (4) periodically review and update, as 364
450		-	necessary, the school safety infrastructure criteria developed pursuant 365
451		-	to section 10-292r, as amended by this act. 366
452		-	Sec. 7. Section 10-292r of the general statutes is repealed and the 367
453		-	following is substituted in lieu thereof (Effective July 1, 2022): 368
454		-	[(a) There is established a School Safety Infrastructure Council. The 369
455		-	council shall consist of: (1) The Commissioner of Administrative 370
456		-	Services, or the commissioner's designee; (2) the Commissioner of 371
457		-	Emergency Services and Public Protection, or the commissioner's 372
458		-	designee; (3) the Commissioner of Education, or the commissioner's 373
459		-	designee; (4) one appointed by the president pro tempore of the Senate, 374
460		-	who shall be a person with expertise in building security, preferably 375
461		-	school building security; (5) one appointed by the speaker of the House 376
462		-	of Representatives, who shall be a licensed professional engineer who is 377
463		-	a structural engineer; (6) one appointed by the majority leader of the 378
464		-	Senate, who shall be a public school administrator certified by the State 379
465		-	Board of Education; (7) one appointed by the majority leader of the 380
466		-	House of Representatives, who shall be a firefighter, emergency medical 381 Substitute Bill No. 428
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473		-	technician or a paramedic; (8) one appointed by the minority leader of 382
474		-	the Senate, who shall be a school resource officer; (9) one appointed by 383
475		-	the minority leader of the House of Representatives, who shall be a 384
476		-	public school teacher certified by the State Board of Education; and (10) 385
477		-	two appointed by the Governor, one of whom shall be a licensed 386
478		-	building official and one of whom shall be a licensed architect. The 387
479		-	Commissioner of Administrative Services shall serve as the chairperson 388
480		-	of the council. The administrative staff of the Department of 389
481		-	Administrative Services shall serve as staff for the council and assist 390
482		-	with all ministerial duties.] 391
483		-	[(b)] (a) The [School Safety Infrastructure Council] School Building 392
484		-	Projects Advisory Council, established pursuant to section 10-292q, as 393
485		-	amended by this act, shall [develop] periodically review and update, as 394
486		-	necessary, school safety infrastructure criteria for school building 395
487		-	projects awarded grants pursuant to this chapter and the school security 396
488		-	infrastructure competitive grant program, pursuant to section 84 of 397
489		-	public act 13-3. Such school safety infrastructure criteria shall conform 398
490		-	to industry standards for school building safety infrastructure and shall 399
491		-	address areas including, but not be limited to, (1) entryways to school 400
492		-	buildings and classrooms, such as, reinforcement of entryways, ballistic 401
493		-	glass, solid core doors, double door access, computer-controlled 402
494		-	electronic locks, remote locks on all entrance and exits and buzzer 403
495		-	systems, (2) the use of cameras throughout the school building and at 404
496		-	all entrances and exits, including the use of closed-circuit television 405
497		-	monitoring, (3) penetration resistant vestibules, and (4) other security 406
498		-	infrastructure improvements and devices as they become industry 407
499		-	standards. [The council shall meet at least annually to review and 408
500		-	update, if necessary, the school safety infrastructure criteria and make 409
501		-	such criteria available to local and regional boards of education.] 410
502		-	[(c) Not later than January 1, 2014, and annually thereafter, the School 411
503		-	Safety Infrastructure Council] (b) The School Building Projects Advisory 412
504		-	Council shall submit any updates made to the school safety 413
505		-	infrastructure criteria to the Commissioners of Emergency Services and 414 Substitute Bill No. 428
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511		-
512		-	Public Protection and Education [, the School Building Projects 415
513		-	Advisory Council, established pursuant to section 10-292q,] and the 416
514		-	joint standing committees of the General Assembly having cognizance 417
515		-	of matters relating to public safety and education, in accordance with 418
516		-	the provisions of section 11-4a. 419
517		-	Sec. 8. Subsection (b) of section 10-287 of the 2022 supplement to the 420
518		-	general statutes is repealed and the following is substituted in lieu 421
519		-	thereof (Effective July 1, 2022): 422
520		-	(b) (1) All orders and contracts for school building construction 423
521		-	receiving state assistance under this chapter, except as provided in 424
522		-	subdivisions (2) to (4), inclusive, of this subsection, shall be awarded to 425
523		-	the lowest responsible qualified bidder only after a public invitation to 426
524		-	bid, [which shall be advertised in a newspaper having circulation in the 427
525		-	town in which construction is to take place,] except for (A) school 428
526		-	building projects for which the town or regional school district is using 429
527		-	a state contract pursuant to subsection (d) of section 10-292, and (B) 430
528		-	change orders, those contracts or orders costing less than ten thousand 431
529		-	dollars and those of an emergency nature, as determined by the 432
530		-	Commissioner of Administrative Services, in which cases the contractor 433
531		-	or vendor may be selected by negotiation, provided no local fiscal 434
532		-	regulations, ordinances or charter provisions conflict. 435
533		-	(2) All orders and contracts for architectural services shall be 436
534		-	awarded from a pool of not more than the four most responsible 437
535		-	qualified proposers after a public selection process. Such process shall, 438
536		-	at a minimum, involve requests for qualifications, followed by requests 439
537		-	for proposals, including fees, from the proposers meeting the 440
538		-	qualifications criteria of the request for qualifications process. [Public 441
539		-	advertisements shall be required in a newspaper having circulation in 442
540		-	the town in which construction is to take place, except for school 443
541		-	building projects for which the town or regional school district is using 444
542		-	a state contract pursuant to subsection (d) of section 10-292.] Following 445
543		-	the qualification process, the awarding authority shall evaluate the 446
544		-	proposals to determine the four most responsible qualified proposers 447 Substitute Bill No. 428
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550		-
551		-	using those criteria previously listed in the requests for qualifications 448
552		-	and requests for proposals for selecting architectural services specific to 449
553		-	the project or school district. Such evaluation criteria shall include due 450
554		-	consideration of the proposer's pricing for the project, experience with 451
555		-	work of similar size and scope as required for the order or contract, 452
556		-	organizational and team structure, including any subcontractors to be 453
557		-	utilized by the proposer, for the order or contract, past performance 454
558		-	data, including, but not limited to, adherence to project schedules and 455
559		-	project budgets and the number of change orders for projects, the 456
560		-	approach to the work required for the order or contract and documented 457
561		-	contract oversight capabilities, and may include criteria specific to the 458
562		-	project. Final selection by the awarding authority is limited to the pool 459
563		-	of the four most responsible qualified proposers and shall include 460
564		-	consideration of all criteria included within the request for proposals. 461
565		-	As used in this subdivision, "most responsible qualified proposer" 462
566		-	means the proposer who is qualified by the awarding authority when 463
567		-	considering price and the factors necessary for faithful performance of 464
568		-	the work based on the criteria and scope of work included in the request 465
569		-	for proposals. 466
570		-	(3) (A) All orders and contracts for construction management services 467
571		-	shall be awarded from a pool of not more than the four most responsible 468
572		-	qualified proposers after a public selection process. Such process shall, 469
573		-	at a minimum, involve requests for qualifications, followed by requests 470
574		-	for proposals, including fees, from the proposers meeting the 471
575		-	qualifications criteria of the request for qualifications process. [Public 472
576		-	advertisements shall be required in a newspaper having circulation in 473
577		-	the town in which construction is to take place, except for school 474
578		-	building projects for which the town or regional school district is using 475
579		-	a state contract pursuant to subsection (d) of section 10-292.] Following 476
580		-	the qualification process, the awarding authority shall evaluate the 477
581		-	proposals to determine the four most responsible qualified proposers 478
582		-	using those criteria previously listed in the requests for qualifications 479
583		-	and requests for proposals for selecting construction management 480
584		-	services specific to the project or school district. Such evaluation criteria 481 Substitute Bill No. 428
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590		-
591		-	shall include due consideration of the proposer's pricing for the project, 482
592		-	experience with work of similar size and scope as required for the order 483
593		-	or contract, organizational and team structure for the order or contract, 484
594		-	past performance data, including, but not limited to, adherence to 485
595		-	project schedules and project budgets and the number of change orders 486
596		-	for projects, the approach to the work required for the order or contract, 487
597		-	[including on and after July 1, 2022, whether the proposer intends to 488
598		-	self-perform any project element and the benefit to the awarding 489
599		-	authority that will result from such self-performance,] and documented 490
600		-	contract oversight capabilities, and may include criteria specific to the 491
601		-	project. Final selection by the awarding authority is limited to the pool 492
602		-	of the four most responsible qualified proposers and shall include 493
603		-	consideration of all criteria included within the request for proposals. 494
604		-	As used in this subdivision, "most responsible qualified proposer" 495
605		-	means the proposer who is qualified by the awarding authority when 496
606		-	considering price and the factors necessary for faithful performance of 497
607		-	the work based on the criteria and scope of work included in the request 498
608		-	for proposals. 499
609		-	(B) [On and after July 1, 2022, upon the written approval of the 500
610		-	Commissioner of Administrative Services, an awarding authority may 501
611		-	permit a construction manager to self-perform a portion of the 502
612		-	construction work if the awarding authority and the commissioner 503
613		-	determine that the construction manager can self-perform the work 504
614		-	more cost-effectively than a subcontractor. All work not performed by 505
615		-	the construction manager shall be performed by trade subcontractors 506
616		-	selected by a process approved by the awarding authority and the 507
617		-	commissioner.] The construction manager's contract shall include a 508
618		-	guaranteed maximum price for the cost of construction. Such 509
619		-	guaranteed maximum price shall be determined not later than ninety 510
620		-	days after the selection of the trade [subcontractors. Construction] 511
621		-	subcontractor bids. Each construction manager shall invite bids and 512
622		-	give notice of opportunities to bid on project elements on the State 513
623		-	Contracting Portal. Each bid shall be kept sealed until opened publicly 514
624		-	at the time and place set forth in the notice soliciting such bid. The 515 Substitute Bill No. 428
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630		-
631		-	construction manager shall, after consultation and approval by the town 516
632		-	or regional school district, award any related contracts for project 517
633		-	elements to the responsible qualified contractor submitting the lowest 518
634		-	bid in compliance with the bid requirements, provided that (i) the 519
635		-	construction manager shall not be eligible to submit a bid for any such 520
636		-	project element, and (ii) construction shall not begin prior to the 521
637		-	determination of the guaranteed maximum price, except work relating 522
638		-	to site preparation and demolition may commence prior to such 523
639		-	determination. 524
640		-	(4) All orders and contracts for any other consultant services, 525
641		-	including, but not limited to, consultant services rendered by an owner's 526
642		-	representatives, construction administrators, program managers, 527
643		-	environmental professionals, planners and financial specialists, shall 528
644		-	comply with the public selection process described in subdivision (2) of 529
645		-	this subsection. No costs associated with an order or contract for such 530
646		-	consultant services shall be eligible for state financial assistance under 531
647		-	this chapter unless such order or contract receives prior approval from 532
648		-	the Commissioner of Administrative Services. 533
649		-	Sec. 9. Subsection (a) of section 10-265h of the general statutes is 534
650		-	repealed and the following is substituted in lieu thereof (Effective July 1, 535
651		-	2022): 536
652		-	(a) The Commissioner of Administrative Services, in consultation 537
653		-	with the Commissioner of Education, shall establish, within available 538
654		-	bond authorizations, a grant program to assist alliance districts, as 539
655		-	defined in section 10-262u, in paying for general improvements to 540
656		-	school buildings. For purposes of this section "general improvements to 541
657		-	school buildings" means work that (1) is generally not eligible for 542
658		-	reimbursement pursuant to chapter 173, and (2) is to (A) replace 543
659		-	windows, doors, boilers and other heating and ventilation system 544
660		-	components, internal communications and technology systems, lockers, 545
661		-	floors, cafeteria equipment and ceilings, including the installation of 546
662		-	new drop ceilings, (B) upgrade restrooms including the replacement of 547
663		-	fixtures and related water supplies and drainage, (C) upgrade and 548 Substitute Bill No. 428
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669		-
670		-	replace lighting, including energy efficient upgrades to lighting systems 549
671		-	and controls to increase efficiency, and reduce consumption levels and 550
672		-	cost, (D) upgrade entryways, driveways, parking areas, play areas and 551
673		-	athletic fields, (E) upgrade equipment, including, but not limited to, the 552
674		-	following equipment purchased on or after November 1, 2017: Cabinets, 553
675		-	computers, laptops and related equipment and accessories, (F) repair 554
676		-	roofs, including the installation of energy efficient fixtures and systems 555
677		-	and environmental enhancements, or (G) install or upgrade security 556
678		-	equipment that is consistent with the school safety infrastructure 557
679		-	[standards, developed by the School Safety Infrastructure Council, 558
680		-	pursuant to] criteria described in section 10-292r, as amended by this 559
681		-	act, including, but not limited to, video surveillance devices and fencing, 560
682		-	provided "general improvements to school buildings" may include 561
683		-	work not specified in this subdivision if the alliance district provides 562
684		-	justification for such work acceptable to the Commissioner of 563
685		-	Administrative Services, but shall not include routine maintenance such 564
686		-	as painting, cleaning, equipment repair or other minor repairs or work 565
687		-	done at the administrative facilities of a board of education. 566
688		-	Sec. 10. Subsection (a) of section 10-284 of the general statutes is 567
689		-	repealed and the following is substituted in lieu thereof (Effective July 1, 568
690		-	2022): 569
691		-	(a) The Commissioner of Administrative Services shall have 570
692		-	authority to receive and review applications for state grants under this 571
693		-	chapter, and to approve any such application, or to disapprove any such 572
694		-	application if (1) it does not comply with the requirements of the State 573
695		-	Fire Marshal or the Department of Public Health, (2) it is not 574
696		-	accompanied by a life-cycle cost analysis approved by the 575
697		-	Commissioner of Administrative Services, (3) it does not comply with 576
698		-	the provisions of sections 10-290d and 10-291, (4) it does not meet (A) 577
699		-	the standards or requirements established in regulations adopted in 578
700		-	accordance with section 10-287c, or (B) school building categorization 579
701		-	requirements described in section 10-283, as amended by this act, (5) the 580
702		-	estimated construction cost exceeds the per square foot cost for schools 581 Substitute Bill No. 428
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708		-
709		-	established in regulations adopted by the Commissioner of 582
710		-	Administrative Services for the county in which the project is proposed 583
711		-	to be located, (6) on and after July 1, 2014, the application does not 584
712		-	comply with the school safety infrastructure criteria [developed by the 585
713		-	School Safety Infrastructure Council, pursuant to] described in section 586
714		-	10-292r, as amended by this act, except the Commissioner of 587
715		-	Administrative Services may waive any of the provisions of the school 588
716		-	safety infrastructure criteria if the commissioner determines that the 589
717		-	application demonstrates that the applicant has made a good faith effort 590
718		-	to address such criteria and that compliance with such criteria would be 591
719		-	infeasible, unreasonable or excessively expensive, (7) the Commissioner 592
720		-	of Education determines that the proposed educational specifications 593
721		-	for or theme of the project for which the applicant requests a state grant 594
722		-	duplicates a program offered by a technical education and career school 595
723		-	or an interdistrict magnet school in the same region, or (8) on and after 596
724		-	July 1, 2018, a regional educational service center is designated as the 597
725		-	project manager in the application. 598
726		-	Sec. 11. Subsection (a) of section 10-292 of the 2022 supplement to the 599
727		-	general statutes is repealed and the following is substituted in lieu 600
728		-	thereof (Effective July 1, 2022): 601
729		-	(a) Upon receipt by the Commissioner of Administrative Services of 602
730		-	the final plans for any phase of a school building project as provided in 603
731		-	section 10-291, said commissioner shall promptly review such plans and 604
732		-	check them to the extent appropriate for the phase of development or 605
733		-	construction for which final plans have been submitted to determine 606
734		-	whether they conform with the requirements of the Fire Safety Code, 607
735		-	the Department of Public Health, the life-cycle cost analysis approved 608
736		-	by the Commissioner of Administrative Services, the State Building 609
737		-	Code and the state and federal standards for design and construction of 610
738		-	public buildings to meet the needs of persons with disabilities and the 611
739		-	school safety infrastructure criteria, [developed by the School Safety 612
740		-	Infrastructure Council, pursuant to] described in section 10-292r, as 613
741		-	amended by this act, and if acceptable a final written approval of such 614 Substitute Bill No. 428
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747		-
748		-	phase shall be sent to the town or regional board of education and the 615
749		-	school building committee. No phase of a school building project, 616
750		-	subject to the provisions of subsection (c) or (d) of this section, shall go 617
751		-	out for bidding purposes prior to such written approval. 618
	433	+	representatives, construction administrators, program managers, 352
	434	+	environmental professionals, planners and financial specialists, shall 353
	435	+	comply with the public selection process described in subdivision (2) of 354
	436	+	this subsection. No costs associated with an order or contract for such 355
	437	+	consultant services shall be eligible for state financial assistance under 356
	438	+	this chapter unless such order or contract receives prior approval from 357
	439	+	the Commissioner of Administrative Services. 358
752	440		This act shall take effect as follows and shall amend the following
753	441		sections:
754	442
755		-	Section 1 July 1, 2022 New section
756		-	Sec. 2 July 1, 2022 10-286(c)
757		-	Sec. 3 July 1, 2022 10-283(a)(1) and (2)
758		-	Sec. 4 July 1, 2022 10-283(b)
759		-	Sec. 5 July 1, 2022 10-287(d)
760		-	Sec. 6 July 1, 2022 10-292q(b)
761		-	Sec. 7 July 1, 2022 10-292r
762		-	Sec. 8 July 1, 2022 10-287(b)
763		-	Sec. 9 July 1, 2022 10-265h(a)
764		-	Sec. 10 July 1, 2022 10-284(a)
765		-	Sec. 11 July 1, 2022 10-292(a)
	443	+	Section 1 July 1, 2022 10-286(c)
	444	+	Sec. 2 July 1, 2022 10-283(a)(2)
	445	+	Sec. 3 July 1, 2022 10-283(b)
	446	+	Sec. 4 July 1, 2022 10-287(d)
	447	+	Sec. 5 July 1, 2022 10-292q(b)
	448	+	Sec. 6 July 1, 2022 10-292r
	449	+	Sec. 7 July 1, 2022 10-287(b)
766	450
767		-	Statement of Legislative Commissioners:
768		-	In Section 3, added Subsec. (a)(1) for consistency, and added new
769		-	Sections 9 to 11, inclusive, for consistency.
770		-
771		-	ED Joint Favorable Subst.
	451	+	Statement of Purpose:
	452	+	To (1) eliminate the provision allowing construction managers to self-
	453	+	perform on school construction contracts, (2) require the invitation of
	454	+	bids through the State Contracting Portal instead of local newspapers,
	455	+	and (3) make other revisions to the school construction grant program
	456	+	process and requirements.
	457	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	458	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	459	+	underlined.]
772	460