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General Assembly Raised Bill No. 961
January Session, 2023
LCO No. 3682
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING CARBON -FREE SCHOOL REQUIREMENTS
FOR NEW SCHOOL CONSTRUCTION AND ESTABLISHING OTHER
SCHOOL CONSTRUCTION AND PUBLIC HEALTH REQUIREMENTS
FOR SCHOOL DISTRICTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) (a) For the purposes of this 1
section: 2
(1) "Net-zero energy" means a public school building design that 3
maximizes such building's energy efficiency and on-site renewable 4
energy production in an effort to produce as much energy as such 5
building will use. 6
(2) "Net-zero energy buildings" means a public school building that 7
is constructed without fossil fuel infrastructure. 8
(3) "Renewable energy source" means energy produced by a zero-9
emission Class I renewable energy source. 10
(4) "Class I renewable energy source" has the same meaning as 11
provided in section 16-1 of the general statutes. 12 Raised Bill No. 961
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(5) "Fossil fuel infrastructure" means piping for the combustion of 13
fuels in a building, in connection with a building or otherwise within 14
the property lines of the premises of a building, and that extends from a 15
supply tank or from the point of delivery behind a gas meter or the 16
customer-side gas meter. 17
(6) "Superintendent" means a superintendent, as described in section 18
10-157 of the general statutes. 19
(7) "Workforce development program" means an apprenticeship 20
program that is registered with the United States Department of Labor 21
or a federally recognized state apprenticeship agency that actively trains 22
employees, has functioning training facilities and regularly graduates 23
apprentices to journeyperson status who are placed in employment or 24
preapprenticeship training that enables students to qualify for training 25
in such an apprenticeship program. 26
(8) "Cost-effective" means improvements that generate savings equal 27
to or greater than the initial cost of such improvements over the useful 28
life of such improvements. 29
(9) "Solar power feasibility study" means a report that determines if a 30
proposed solar power system is cost-effective and that is created by a 31
qualified professional who estimates the costs, savings and greenhouse 32
gas emissions reductions for a solar power system designed for a 33
building's available rooftops, parking lots or other areas while including 34
a financial plan with sources and uses of funding, including federal 35
incentives. 36
(10) "Energy efficiency feasibility study" means a report created by a 37
qualified professional that estimates the costs, savings and greenhouse 38
gas emissions reductions for energy-efficiency improvements identified 39
by an energy audit and that includes a financial plan with sources and 40
uses of funding including federal incentives. 41
(11) "Energy audit" means an inspection or survey of a building's 42
current energy systems and an analysis of current energy consumption 43 Raised Bill No. 961
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and production. 44
(12) "Improvements" means new solar power systems and energy 45
efficiency improvements as identified by a solar power feasibility study 46
and energy efficiency feasibility study. 47
(13) "Qualified professional" means a trained and certified energy 48
professional. 49
(14) "Journeyperson" means a person who has completed a trade 50
apprenticeship or is recognized or classified as a skilled person and who 51
possesses a valid journeyperson card or occupational license. 52
(15) "Project labor agreement" means an agreement that: (A) Binds all 53
contractors and subcontractors on the covered project to the project 54
labor agreement through the inclusion of specifications in all relevant 55
solicitation provisions and contract documents; (B) allows all 56
contractors and subcontractors to compete for contracts and 57
subcontracts on the project without regard to whether such contractors 58
or subcontractors are otherwise parties to collective bargaining 59
agreements; (C) establishes uniform terms and conditions of 60
employment for all construction labor employed on such projects; (D) 61
guarantees against strikes, lockouts and similar job disruptions; (E) sets 62
forth mutually binding procedures for resolving labor disputes arising 63
during the project labor agreement; (F) requires contractors to partner 64
with a preapprenticeship program; and (G) includes any other 65
provisions as negotiated by the parties to promote successful delivery 66
of the covered project. 67
(16) "Environmental justice community" has the same meaning as 68
provided in section 22a-20a of the general statutes. 69
(17) "Extension" and "replacement" have the same meanings as 70
provided in section 10-282 of the general statutes. 71
(b) On and after July 1, 2024, any new construction, replacement or 72
extension of a public school building shall be net-zero energy. The 73 Raised Bill No. 961
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Commissioner of Administrative Services shall require applications 74
submitted for such construction, replacement and extensions, on and 75
after July 1, 2023, for grants for such school construction projects under 76
section 10-283 of the general statutes to demonstrate how the project will 77
achieve net-zero energy to the greatest extent practicable. 78
(c) Each public school district shall commission a solar power 79
feasibility study for each building owned by the district and submit the 80
study results to the Public Schools Solar and Energy Efficiency Board 81
established pursuant to subsection (n) of this section not later than July 82
1, 2024. 83
(d) If the proposed solar power system is determined to be cost-84
effective, the superintendent shall secure the relevant permits and 85
contracts for such project not later than January 1, 2028. Any cost of 86
repairing, upgrading or replacing the building's roof may be included 87
in the determination of a solar power system's cost-effectiveness. 88
(e) Each superintendent shall prioritize projects by greenhouse gas 89
emissions reductions and cost-effectiveness and first undertake the 90
project that offers the best combination of such factors. 91
(f) If the solar power feasibility study determines that the solar power 92
system is not cost-effective due to the costs of repairing, upgrading or 93
replacing the building's roof, the superintendent shall make a good faith 94
effort to ensure that the next scheduled roof replacement or major roof 95
repair project for such building will allow the roof to support a solar 96
power system. When implementing such roof replacements or major 97
roof repair projects, the school district shall determine whether the 98
replacement or repair will allow the roof to support a solar power 99
system. Whenever the roof of such a building can support a solar power 100
system or major roof repair, the superintendent shall cause a solar 101
power system to be installed not later than two years after the date of 102
such determination. 103
(g) Any school district that undertakes improvements pursuant to 104
this section shall enter into a project labor agreement for such 105 Raised Bill No. 961
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improvements. 106
(h) Any energy cost savings generated pursuant to an improvement 107
undertaken pursuant to this section shall, to the extent possible, be 108
retained by the school district undertaking such improvement. 109
(i) No later than July 1, 2025, each superintendent shall commission 110
an energy efficiency feasibility study for each building owned by the 111
school district and submit the report to the Public Schools Solar and 112
Energy Efficiency Board established pursuant to subsection (n) of this 113
section. Such study shall include an energy audit to identify 114
opportunities for improvements that would result in energy cost 115
savings and greenhouse gas emissions reductions. 116
(j) Whenever energy efficiency improvements are determined to be 117
cost-effective pursuant to an energy efficiency feasibility study 118
conducted pursuant to subsection (i) of this section, the superintendent 119
shall begin the process to make such improvements and place such 120
energy-efficient improvements in service not later than July 1, 2028. If 121
such study determines that such improvements will only be cost-122
effective as a replacement of older equipment at the end of such 123
equipment's useful life, the superintendent shall make arrangements to 124
replace such older equipment with energy-efficient equipment when 125
such older equipment becomes inoperative. Each superintendent shall 126
monitor conditions and expiration dates of such older equipment and 127
make necessary preparations to replace such equipment upon its 128
expiration or breakdown, including the upgrading of circuit panels to 129
allow for a heat pump to be installed. The requirements of this 130
subsection shall not apply to emergency replacements and instances of 131
economic hardship. 132
(k) Any school district that undertakes an improvement pursuant to 133
subsection (j) of this section shall enter into a project labor agreement for 134
such projects. 135
(l) Any energy cost savings associated with an improvement 136
undertaken pursuant to subsection (j) of this section shall, to the extent 137 Raised Bill No. 961
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possible, be retained by the school district that undertakes such 138
improvement. 139
(m) (1) For any existing maintenance workers at a public school 140
building, the superintendent shall make available training on the 141
operations and management of such solar power system or energy 142
efficiency system. 143
(2) For any such project described in this section that receives a loan 144
from the Net-Zero Schools Loan Program established in subsection (p) 145
of this section, contractors shall be enrolled in an apprenticeship 146
program that is registered with the United States Department of Labor 147
or a federally recognized state apprenticeship agency and shall partner 148
with a workforce development program in which newly hired 149
employees and already hired employees that are residents located in the 150
same municipality as the school project, and individuals with barriers 151
to employment, including people who have been incarcerated and 152
people who have been traditionally underrepresented in the relevant 153
employment, are given the opportunities for skill development that will 154
enable such persons to qualify for higher paying jobs in their field. 155
(n) There is established the Public Schools Solar and Energy 156
Efficiency Board to be located within the Connecticut Green Bank. Such 157
board shall consist of: (1) A chairperson appointed by the Governor, (2) 158
two members appointed by the president pro tempore of the Senate, one 159
of whom shall be a representative of organized labor, and (3) two 160
members appointed by the House, one of whom shall be a 161
representative of organized labor. Each such member shall be appointed 162
not later than January 1, 2024, and shall serve for a term of eighteen 163
months. Each appointed member may be reappointed to consecutive 164
terms. The board shall: (A) Supervise a program that provides technical 165
assistance to school districts that seek to develop solar power system 166
and energy efficiency projects for public schools pursuant to this section, 167
(B) administer the Net-Zero Schools Loan Program established pursuant 168
to subsection (p) of this section, (C) supervise a program that offers 169
technical assistance, project development, public education and training 170 Raised Bill No. 961
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for officials of public school districts involved in developing solar power 171
and energy efficiency projects, (D) supervise energy audits, solar power 172
feasibility studies and energy efficiency feasibility studies undertaken 173
pursuant to this section, (E) evaluate the success of the overall program 174
and make recommendations concerning improvements to the program, 175
and (F) employ a staff of engineers, policy analysts, financial experts, 176
community liaisons or other experts as needed to perform the board's 177
responsibilities. 178
(o) (1) There is established the Public Schools Solar and Energy 179
Efficiency Fund within the Connecticut Green Bank to be administered 180
by the Public Schools Solar and Energy Efficiency Board. Such fund shall 181
be a nonlapsing fund that shall be available in perpetuity for the 182
purpose of providing loans to school districts in furtherance of the 183
provisions of this section. Such fund shall not be subject to any provision 184
of the general statutes that requires that at the end of a fiscal year, the 185
unspent balance of an appropriation to such fund revert to the General 186
Fund. Such fund shall consist of any funds required to be deposited in 187
such account, including, but not limited to, any funds appropriated to 188
the fund, repayment of all funds related to loans made from the fund, 189
investment gains from the fund and any funds donated or gifted to the 190
fund. 191
(2) Such fund shall be capitalized with two hundred million dollars 192
from the Connecticut Green Bank, one hundred million from the 193
issuance of bonds of the state or capital funds and two hundred million 194
dollars from a suitable federal source such as the Greenhouse Gas 195
Reduction Fund. From such funding: Four hundred forty million dollars 196
shall be allocated to the Net-Zero Schools Loan Program established 197
pursuant to subsection (p) of this section. Fifty-six million dollars of 198
such fund shall be allocated to grants for audits and feasibility studies. 199
Four million dollars of such fund shall be allocated to the Public Schools 200
Solar and Energy Efficiency Board for program oversight, public 201
education, training of school district officials and providing technical 202
assistance for project development. Resources expended from such fund 203
shall be supplemental to and not in lieu of any other funding that is 204 Raised Bill No. 961
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designated for public school districts for school facility improvements 205
construction. 206
(p) There is established the Net-Zero Schools Loan Program to 207
provide low-interest or no-interest loans to public school districts in the 208
state for energy efficiency or renewable energy projects that generate 209
energy cost savings. 210
(1) Eligible projects under such program include, but are not limited 211
to, the installation of on-site renewable energy sources, energy-efficient 212
lighting upgrades, building control upgrades, insulation or building 213
envelope upgrades, heating, ventilating and air conditioning repair or 214
replacement, planting and maintenance of native species of shade trees 215
that reduce energy consumption and renovations for strategic 216
daylighting. 217
(2) Eligible project costs under such program shall include: The 218
reasonable costs of construction, alterations or renovations of public 219
school buildings, associated site preparation and development, 220
equipment and furnishing for the site or public school building, 221
architectural, engineering or construction management charges, 222
commissioning of building systems and training staff to maintain public 223
school building systems; and any associated ordinary and reasonable 224
legal fees. 225
(3) Any loan provided to a public school district under such program 226
shall be for a fixed loan period. Loans may be used to satisfy non-federal 227
match requirements for federal grants. 228
(4) (A) Sixty per cent of the initial amount of funding for the Net-Zero 229
Schools Loan Program shall be allotted to all public school districts in 230
the state according to a formula to be determined by the Public Schools 231
Solar and Energy Efficiency Board. Such formula shall consider need as 232
determined by any feasibility study conducted pursuant to this section. 233
(B) Forty per cent of the initial amount of funding for such loan 234
program shall be allotted to public school districts located in 235 Raised Bill No. 961
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environmental justice communities on a competitive basis. 236
(5) After the third year of operation of such loan program, any 237
allotted portion of such fund that is not loaned to a school district shall 238
be available to any public school district in the state on a competitive 239
basis. 240
(6) Each recipient of a loan from such program shall negotiate a 241
project labor agreement. 242
(q) (1) Each public school district shall notify the Department of 243
Administrative Services' Office of School Construction Grants and 244
Review of such district's intention to undertake solar power and energy 245
improvements projects. Such school district shall demonstrate to such 246
office the cost-effectiveness of any such project and identify available 247
sources of money from local and federal governments for such project. 248
In calculating the amount of expenses eligible for reimbursement for 249
such project, the school district shall deduct any federal funds or state 250
and local funds other than education aid. Energy improvements 251
associated with any such project shall be presumed to be eligible for 252
capital reimbursement consistent with the existing reimbursement 253
formula for such district. 254
(2) The Department of Administrative Services' Office of School 255
Construction Grants and Review may challenge a proposed energy 256
improvement project not later than thirty days after receipt of 257
notification pursuant to subdivision (1) of this subsection. If no such 258
challenge is made within such period of time, the proposal shall be 259
deemed approved. 260
(r) (1) Each public school district shall measure and report annually 261
to the Public Schools Solar and Energy Efficiency Board on the district's 262
energy consumption, solar generation and subsequent greenhouse gas 263
emissions using Energy Star Portfolio Manager or an equivalent 264
platform. Such board shall make data on each public school district's 265
energy consumption, solar generation and greenhouse gas emissions 266
available on a publicly accessible Internet web site. 267 Raised Bill No. 961
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(2) Each superintendent shall publish annual reports on the state of 268
the solar power and energy efficiency systems in each public school 269
building of such school district. Such board shall publicize any 270
shortcomings concerning such solar power and energy efficiency 271
systems and work with the superintendent to overcome obstacles to 272
making improvements. Each consumer, employee or taxpayer of the 273
state, including, but not limited to, labor unions, may request a report 274
on the state of the solar and energy efficiency projects in a public school 275
building from such superintendent. Not later than thirty days after any 276
such request, the superintendent shall cause to be published a report on 277
such solar and energy efficiency projects. 278
(s) Each public school district shall include climate change impacts, 279
such as flooding, sea level rise and increased storm surges, as risks in 280
such district's real property asset assessment and management. 281
(t) Not later than January 1, 2024, the Department of Public Health 282
shall develop an informational poster on the health impacts of emissions 283
from idling vehicles. Each public school shall display such 284
informational poster in the school lobby or other visible space not later 285
than February 1, 2024. Each public school shall post anti-idling signs in 286
student pick-up and drop-off areas of such school and other areas where 287
vehicles frequently idle not later than February1, 2024. 288
(u) On and after January 1, 2025, occupied classrooms in any public 289
school shall be heated to a temperature of not less than sixty-five degrees 290
and not greater than seventy-two degrees during cold weather periods 291
and cooled to not greater than seventy-eight degrees and not less than 292
seventy degrees during hot weather periods. 293
(v) Not later than January 1, 2024, the Commissioner of Public Health 294
shall adopt regulations, in accordance with the provisions of chapter 54 295
of the general statutes, to require all public school districts to (1) 296
periodically test water samples from all taps used for drinking or 297
cooking in each school facility for the presence of lead; and (2) remediate 298
sources of lead contamination when lead is detected. Said department 299 Raised Bill No. 961
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shall publish the water test results from each public school facility on a 300
publicly accessible website. 301
(w) Notwithstanding any provision of the general statutes, any grant 302
for new public school construction submitted to the Department of 303
Administrative Services on or after January 1, 2024, shall include a 304
requirement for the installation of a school kitchen with a dishwasher 305
and shall indicate the manner in which solid waste, including recycling 306
and food scraps, will be sorted and collected at such facility. Before any 307
such new school is constructed, the applicable public school district 308
shall create a waste management plan that implements wast e 309
prevention, recycling and composting. 310
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Statement of Purpose:
To require the use of project labor agreements when certain solar and
energy efficiency projects are required of school districts and to require
certain measures by the Department of Public Health concerning air
quality and drinking water in school settings.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]