Connecticut 2023 2023 Regular Session

Connecticut Senate Bill SB00961 Introduced / Fiscal Note

Filed 03/28/2023

                    OFFICE OF FISCAL ANALYSIS 
Legislative Office Building, Room 5200 
Hartford, CT 06106  (860) 240-0200 
http://www.cga.ct.gov/ofa 
sSB-961 
AN ACT CONCERNING CARBON -FREE SCHOOL REQUIREMENTS 
FOR NEW SCHOOL CONSTRUCTION AND ESTABLISHING 
OTHER SCHOOL CONSTRUCTION AND PUBLIC HEALTH 
REQUIREMENTS FOR SCHOOL DISTRICTS.  
 
Primary Analyst: DD 	3/27/23 
Contributing Analyst(s): RDP, DD, EMG, MT, CW   
 
 
 
 
OFA Fiscal Note 
 
State Impact: 
Agency Affected Fund-Effect FY 24 $ FY 25 $ 
Treasurer, Debt Serv. GF - Cost Significant Significant 
Department of Administrative 
Services;  CGB;  Public Health, 
Dept. 
Various - Cost See Below See Below 
Note: Various=Various; GF=General Fund 
  
Municipal Impact: 
Municipalities Effect FY 24 $ FY 25 $ 
Local and Regional School 
Districts 
STATE 
MANDATE
1
 
- Cost 
None Significant 
  
Explanation 
The bill results in significant costs to local and regional school 
districts and to the state. The costs to local and regional school districts 
are due to several new requirements relating to school building 
construction and maintenance. The costs to the state include a 
significant increase in debt service due to the expansion of the state’s 
bond-funded school construction reimbursement program, the fund 
                                                
1
 State mandate is defined in Sec. 2-32b(2) of the Connecticut General Statutes, "state 
mandate" means any state initiated constitutional, statutory or executive action that 
requires a local government to establish, expand or modify its activities in such a way 
as to necessitate additional expenditures from local revenues.  2023SB-00961-R000240-FN.DOCX 	Page 2 of 7 
 
 
capitalization requirements specified in the bill, and administrative 
costs associated with various programs established or expanded in the 
bill. These costs are detailed below. 
Local and Regional School Districts Impact 
 The bill results in significant costs to local and regional school 
districts by establishing several new mandates relating to school 
building construction and maintenance. The bill requires districts to do 
the following: 
• Ensure that new construction, replacement, or extension of a 
school building after July 1, 2024 is net-zero energy. To the 
extent that this requires such projects to use more expensive 
materials, additional equipment, or more labor than otherwise 
would have occurred, the bill increases the cost of these 
projects. Some costs associated with these provisions may be 
partially offset by increased School Construction 
reimbursements. The bill also establishes a low-or-no-interest 
loan program administered by the Connecticut Green Bank to 
assist with these costs. 
• Conduct a solar power feasibility study in FY 24 and an energy 
efficiency study by FY 25 for each district building. The bill 
requires districts to take additional steps, depending on the 
results of the studies. It is anticipated that districts do not 
currently have the resources to conduct such studies and will 
have to hire consultants to complete them. Consultant costs 
can be significant, over $100,000 per district. Subsequent steps 
required based on the results of the studies will also result in 
increased school construction and maintenance costs. The 
costs of these required studies may be defrayed by financing 
offered by the Connecticut Green Bank. 
• Test each cooking and drinking water tap in each school for 
lead and remediate any sources of lead contamination. The 
impact of this will vary widely by district, the number of taps  2023SB-00961-R000240-FN.DOCX 	Page 3 of 7 
 
 
tested, and the extent to which lead contamination is 
discovered. The timing and magnitude of the costs will be 
dependent on the regulations adopted by DPH.  Larger 
districts with older infrastructure will likely incur significant 
costs. 
• Sets temperature parameters for occupied classrooms in all 
schools beginning January 1, 2025. To the extent that this 
requires districts to install air conditioning systems or upgrade 
existing HVAC systems, there are significant costs in FY 24 
and FY 25. Additionally, there may be increased operating 
costs beginning in FY 25. 
• Include in any grant for new public school construction 
submitted to the Department of Administrative Services 
beginning January 1, 2024 (1) the installation of a school 
kitchen with a dishwasher, and (2) indication of how solid 
waste, including recycling and food scraps, will be sorted and 
collected. To the extent that new public school construction 
projects do not currently include these provisions, the bill 
increases the costs of such projects.  
• Establish project-labor agreements for projects that exceed $10 
million and that are at least partially financed with loans from 
the Connecticut Green Bank. The impact of this provision on 
affected school construction projects will depend on the terms 
of the project-labor agreements.  
Costs in the bill to local and regional school districts are potentially, 
partially offset by savings associated with reduced energy needs.  
State Impact 
Public Schools Solar and Energy Efficiency Fund Capitalization and 
Implementation 
The bill establishes the Public Schools Solar and Energy Efficiency 
Fund within the Connecticut Green Bank. The bill stipulates that such  2023SB-00961-R000240-FN.DOCX 	Page 4 of 7 
 
 
fund be "capitalized with four hundred million dollars from the 
Connecticut Green Bank and one hundred million dollars from the 
issuance of bonds of the state or capital funds." The $400 million figure 
from the Connecticut Green Bank is well in excess of the net assets of the 
Green Bank and would not be achievable without an identifiable 
revenue source. Likewise, no bonds of the state are authorized for the 
purpose specified in the bill, either under current law or within the bill 
itself. 
To the extent the fund is capitalized, the bill specifies various 
eligibility requirements and uses, which would partially determine, 
along with local district participation, the recipients of such loans and 
grants. It also specifies that any "unspent balance" of the Public Schools 
Solar and Energy Efficiency fund, presumably including any repayment 
of loans, "shall revert to the General Fund" in FY 53 (thirty years after 
bill passage). This represents a potential revenue gain to the General 
Fund in FY 53. 
Administration of the fund and associated programs is expected to 
require at least 10 employees at a total cost of salary plus fringe of at 
least $2 million from the resources of the Green Bank annually, as the 
bill does not specify that administrative costs of the program could be 
paid from the resources of the fund. It is not anticipated these costs 
would be incurred until and unless capitalization funds are provided. 
School Construction Program 
The school construction program is funded using General Obligation 
(GO) bonds, in two large tracts: priority list projects (i.e., larger projects 
approved in legislation) and non-priority list projects.  Non-priority list 
projects currently include emergency items, such as fire or catastrophe 
damage, leaking roofs, and code violations, as well as installation of 
photovoltaic panels and wind generation systems.   
Non-priority list projects are generally allowed at the discretion of 
the Commissioner of Administrative Services within available resources 
of the program.  The bill states that specified project applications must  2023SB-00961-R000240-FN.DOCX 	Page 5 of 7 
 
 
be challenged by the Department of Administrative Services (DAS) 
within 30 days of receipt or be deemed approved. The bill requires 
school districts to pursue solar panel installations, which is expected to 
lead to a significant expansion in the number and amount of local 
district photovoltaic panel projects seeking reimbursement through the 
non-priority list portion of the school construction program. 
The increase in school building project application processing will 
increase the administrative costs of the school construction program, as 
a result of DAS needing to hire at least 5 employees, at a total cost of at 
least $ 725,000 annually for salary plus fringe from the General Fund. 
Priority list projects must be approved through legislation prior to 
state reimbursement. The bill requires that school building projects 
classified as new construction, replacement and extensions must be net-
zero energy beginning in FY 25, regardless of whether those projects are 
part of the school construction reimbursement program. It also requires 
demonstration of efforts to be net-zero in applications received for the 
school construction reimbursement program beginning in FY 24. To the 
extent the net-zero requirements increase eligible construction costs for 
school building projects, there will be an increase in state 
reimbursements under the school building projects program. 
The bill also includes several requirements regarding specified types 
of school construction projects, including use of project labor 
agreements, prevailing wage mandates, participation in workforce 
development programs, hiring of municipality-specific labor, and 
development of a solid waste management plan and presence of a 
kitchen and dishwasher. To the extent any of these requirements 
increase project cost, there would be a commensurate increase in state 
reimbursements and state debt service costs. 
Specific costs for eligible projects, including the marginal increase 
from the requirements of the bill, can only be determined as project 
expenses are incurred by municipalities and state reimbursements are 
sought and offered. The costs of future priority list projects will be 
shown when projects are considered in future legislation.  2023SB-00961-R000240-FN.DOCX 	Page 6 of 7 
 
 
As of March 1, 2023, the unallocated bond balance available under 
the school construction authorization is $836 million. The bill is 
expected to result in an increase in the use of GO bond funds for both 
non-priority list and priority list reimbursable expenses, which would 
expedite anticipated debt service from existing bond authorizations. 
The bill does not change GO bond authorizations relevant to the 
school construction program.  However, those funds are necessary to 
support both priority list and non-priority list projects.  The most recent 
estimate by the DAS indicated approximately $2.5 billion worth of 
outstanding long-term liability for current grant commitments, to be 
paid over the next several years.
2
  The expanded use of current 
authorizations through the non-priority list program will necessitate 
increased bond authorizations for the program in the future, which will 
increase long-term debt service costs. Likewise, expected cost increases 
for new construction, replacement, and extension projects are expected 
to lead to greater reimbursement levels, which will be paid through 
increased bond authorizations resulting in an increase in long-term debt 
service costs to the state and increased revenue to participating 
municipalities. 
Other Impacts 
The bill requires the Department of Public Health (DPH) to adopt 
certain regulations and publish water test results from each public 
school on a website, results in a one-time consultant cost of up to $75,000 
in FY 24 to draft regulations, develop procedures for test result 
reporting by schools, and establish procedures to track test result data. 
The bill also requires DPH to develop an informational poster on the 
health impacts of emissions from idling vehicles which does not result 
in fiscal impact to the agency. 
The Out Years 
The annualized ongoing fiscal impact identified above would 
                                                
2
Source: 2022 Series F General Obligation Bonds Official Statement  2023SB-00961-R000240-FN.DOCX 	Page 7 of 7 
 
 
continue into the future subject to inflation.