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