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OLR Bill Analysis
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.
SUMMARY
This bill requires, beginning July 1, 2024, public school building new
construction, replacement, or extension to be “net-zero energy,”
meaning that the building design maximizes energy efficiency and on-
site renewable energy production to try to produce as much energy as
the building will use.
It requires school districts and superintendents to commission solar
power and energy efficiency feasibility studies, respectively, to
determine the cost-effectiveness of solar power systems and energy
efficiency improvements. If determined to be cost effective, the bill
requires energy efficiency projects to be in-service by January 1, 2028,
and solar projects to be permitted and contracted for by the same date.
The bill additionally (1) establishes a low- to no-interest loan program
for these projects; (2) creates a fund within the Connecticut Green Bank
to fund these loans; and (3) capitalizes the fund with $500 million,
principally from the Green Bank, of which 80% (i.e., $400 million) must
be for loan issuance with the remainder for things like school district
credit enhancement, audit and feasibility study grants, and training.
Under the bill, school districts must measure and report annually on
energy consumption, solar generation, and greenhouse gas (GHG)
emissions. The bill correspondingly expands the Green Bank’s authority
and responsibilities to, among other things, administer the loan
program, supervise the feasibility studies and energy audits prescribed
by the bill, and hire certain experts to fulfill its new role. 2023SB-00961-R000240-BA.DOCX
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The bill also separately requires the following:
1. each public school district to include climate change impacts
(e.g., flooding, sea level rise, increased storm surge) as risks in its
real property asset assessment and management;
2. beginning January 1, 2025, occupied classrooms in public schools
to be heated to between 65 and 72 degrees during cold weather
periods and cooled to between 78 and 72 degrees during hot
weather periods; and
3. beginning January 1, 2024, any grant for new public school
construction submitted to the Department of Administrative
Services (DAS) to (1) include a requirement for installing a school
kitchen with a dishwasher and (2) indicate how solid waste,
including recycling and food scraps, will be sorted and collected
(and, before the school construction begins, the school district
must create a waste management plan to implement waste
prevention, recycling, and composting).
Lastly, the bill requires the Department of Public Health (DPH) to (1)
adopt certain lead testing, remediation, and notification requirements
for public schools and (2) create a poster on the effects of idling cars,
which public schools must post in certain locations.
EFFECTIVE DATE: Upon passage
NET-ZERO ENERGY REQU IREMENTS
To meet the bill’s net-zero requirement, the bill requires the DAS
commissioner to require grant applications for new public school
construction, replacement, or extensions, beginning July 1, 2023, to
show how the project will achieve net-zero energy to the greatest extent
practicable.
The bill establishes several requirements for public school districts
and superintendents to attain the net-zero requirement, both in terms of
solar power and energy efficiency (see below). The bill also requires that
school districts be able to retain, to the greatest extent possible, any 2023SB-00961-R000240-BA.DOCX
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energy cost savings achieved from undertaking new solar power system
projects or energy efficiency improvements.
Solar Power
The bill requires each school district to commission a solar power
feasibility study for each building it owns and submit the study’s results
to the Connecticut Green Bank by July 1, 2024.
Under the bill, this feasibility study is a report determining whether
a proposed solar power system is cost-effective (i.e., the savings from an
improvement equal or exceed the improvement’s initial cost over its
useful life) and may consider the costs to repair, upgrade, or replace a
building’s roof. The study must (1) be created by a trained and certified
energy professional (i.e., a “qualified professional”) who estimates the
costs, savings, and GHG emissions reductions for a solar power system
on a building’s available rooftops, parking lots, and other areas and (2)
include a financial plan with funding sources and uses, including
federal incentives.
If a proposed solar power system is determined to be cost effective,
the superintendent must secure the relevant permits and contracts for it
by January 1, 2028. The bill requires superintendents to prioritize
projects based on their GHG emissions reductions and cost-
effectiveness, undertaking projects with the best combination of the two
factors first.
If the feasibility study determines that a solar power system is not
cost-effective (i.e., because of roof repair, upgrade, or replacement
costs), the bill requires the (1) superintendent to make a good faith effort
to ensure that the building’s next scheduled roof replacement or major
roof repair project will allow the roof to support a solar power system
and (2) school district to determine if the replacement or repair will
allow for the system. And when it is determined that a roof can support
a system, the bill requires the superintendent to have it installed within
two years after this determination.
Energy Efficiency 2023SB-00961-R000240-BA.DOCX
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The bill establishes a process for energy efficiency projects similar to
its process for determining if solar power projects are feasible and for
pursuing those projects.
Under the bill, each superintendent must commission an energy
efficiency feasibility study for each building owned by their respective
school district and submit the study results to the Connecticut Green
Bank by July 1, 2025. An “energy efficiency feasibility study” is a report
created by a qualified professional (see Solar Power, above) that (1)
includes a financial plan with sources and uses of funding, including
federal incentives and (2) estimates costs, savings, and GHG emissions
reductions for energy efficiency improvements identified in an energy
audit (i.e., an inspection or survey of a building’s energy systems and
an analysis of current energy consumption and production). The energy
audit must also identify opportunities for improvements that would
yield energy cost savings and GHG emissions reductions.
If a feasibility study determines that energy efficiency improvements
are cost-effective, the bill requires the superintendent to begin making
the improvements and have them in service by July 1, 2028.
However, if improvements will only be cost-effective upon the
replacement of older equipment at the end of the equipment’s useful
life, the bill requires the superintendent to arrange for the equipment’s
replacement with energy-efficient equipment when the older
equipment no longer works. Superintendents must monitor conditions
and expiration dates of the older equipment and make the necessary
preparations to replace it when it expires or breaks down, including to
upgrade circuit panels to allow for the installation of a heat pump.
The bill exempts from these requirements replacements done on an
emergency basis and for cases of financial hardship.
Labor Costs
The bill requires school districts that undertake the solar power
system and energy efficiency improvement projects to pay each
associated construction employee wages and benefits of at least the 2023SB-00961-R000240-BA.DOCX
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prevailing wage and fringe benefits required in state law for the
corresponding classification of the employee’s work.
Maintenance Worker Training
The bill requires superintendents to make training available to
current maintenance workers on how to operate and manage a solar
power or energy efficiency system installed under the bill’s provisions.
DAS SCHOOL CONSTRUCT ION NOTICE
The bill requires each school district intending to undertake solar
power and energy improvement projects to notify DAS’ Office of School
Construction Grants and Review. The district must show the cost-
effectiveness of a project and identify available local and federal
government funding sources for it.
The bill allows DAS’s office to challenge a proposed project, but it
must do so within 30 days after receiving notice of it. If unchallenged,
the proposal is deemed approved.
Under the bill, these projects’ energy improvements are presumed to
be eligible for capital reimbursement consistent with the district’s
existing reimbursement formula. When calculating the amount of
project expenses that are eligible for reimbursement, the bill requires the
district to subtract any government funds other than education aid.
NET-ZERO SCHOOLS LOA N PROGRAM
The bill establishes a “Net-Zero Schools Loan Program” to make low-
or no-interest loans to public school districts for energy efficiency or
renewable energy projects that yield energy cost savings. It provides
$400 million for the program from a new “Public Schools Solar and
Energy Efficiency Fund” the bill establishes (see below).
Under the bill, program loans must be for a fixed period and allow
them to satisfy non-federal match requirements for federal grants.
Eligible Projects
Under the bill, program-eligible projects include things like: 2023SB-00961-R000240-BA.DOCX
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1. installing on-site Class I renewable energy sources (e.g., solar or
wind), energy efficient lighting or building control upgrades,
insulation or building envelope upgrades;
2. making heating, ventilation, and air condition repairs or
replacements;
3. planting and maintaining native shade tree species that reduce
energy consumption; and
4. renovating for strategic daylighting.
Eligible program costs include the reasonable costs to construct, alter,
or renovate public school buildings; associated site preparation and
development; site or building equipment and furnishing; architectural,
engineering, or construction management charges; commissioning of
building systems and training staff to maintain them; and associated
ordinary and reasonable legal fees.
Program Funding
The bill allocates the loan program funding as follows:
1. 60% of the initial funding for the program must be for all school
districts in the state and allotted according to a Connecticut
Green Bank-determined formula, which must consider need
determined by any solar power or energy efficiency feasibility
study;
2. 40% of the program’s initial funding must be allocated, on a
competitive basis, for school districts in environmental justice
communities (see BACKGROUND); and
3. after the program’s third year operating, any amount that has not
been loaned is available to any school district on a competitive
basis.
Labor Costs
Under the bill, each loan program recipient must pay construction
employees hired for the loan-funded school improvements wages and 2023SB-00961-R000240-BA.DOCX
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benefits that are at least equal to the state’s prevailing wage and fringe
benefit rates for the corresponding classification in which they are
employed. Loan recipients must also negotiate a project labor
agreement in good faith if a project’s total cost exceeds $10 million. The
bill specifies that improvements at the same building may not be
segmented to avoid these requirements.
Under the bill, a “project labor agreement” is an agreement that:
1. binds all contractors and subcontractors on a covered project to
the agreement by including specifications in all relevant
solicitation provisions and contract documents;
2. allows contractors and subcontractors to compete for project
contracts and subcontracts regardless of whether they are parties
to collective bargaining agreements;
3. sets uniform employment terms and conditions f or all
construction labor hired on the projects;
4. guarantees against strikes, lockouts, and similar disruptions;
5. includes mutually binding procedures for resolving labor
disputes;
6. requires contractors to partner with a preapprenticeship
program; and
7. includes any other negotiated provisions to promote successful
delivery of the covered project.
Apprentice and Workforce Development Requirement
The bill requires that the contractors hired for a project receiving a
program loan be enrolled in an apprenticeship program registered with
the federal Department of Labor (U.S. DOL) or a federally recognized
state apprenticeship agency. They must also partner with a workforce
development program in which the following individuals are given
opportunities for skill development that will enable them to qualify for
higher paying jobs: 2023SB-00961-R000240-BA.DOCX
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1. employees who are residents of the same municipality as the
school project and
2. individuals with employment barriers such as prior incarceration
or who have been traditionally underrepresented in the relevant
job.
A “workforce development program” under the bill is an
apprenticeship program registered with the U.S. DOL or a federally
recognized state agency that actively trains employees, has functioning
training facilities, and regularly graduates apprentices to journeyperson
status who are placed in jobs or preapprenticeship training.
PUBLIC SCHOOLS SOLAR AND ENERGY EFFICIEN CY FUND
The bill establishes a 30-year nonlapsing “Public Schools Solar and
Energy Efficiency Fund” within the Connecticut Green Bank to make
loans to public schools for projects authorized under the bill. It
capitalizes the fund with $400 million from the Green Bank and $100
million from bonds of the state or capital funds. (The bill does not
specify the mechanism by which the Green Bank will produce these
funds.)
From this $500 million, $400 million must be used for the Net-Zero
Schools Loan Program the bill establishes (see above); $75 million must
be used to enhance public school districts’ creditworthiness; and $25
million must be allocated to the Green Bank for audit and feasibility
study grants, program oversight, public education, school district
official training, and technical assistance for project development. The
bill specifies that these funds supplement and do not replace other
funding for school districts to construct school facility improvements.
Under the bill, this fund consists of any funds required to be
deposited into it (e.g., appropriated funds, repayment of all loans
related to loans made from the fund, fund investment gains, and
donations or gifts). After the 30 years, the fund’s unspent balance reverts
to the General Fund.
ANNUAL SCHOOL DISTRICT REPORTING 2023SB-00961-R000240-BA.DOCX
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Under the bill, each public school district must annually measure and
report to the Connecticut Green Bank on its energy consumption, solar
generation, and subsequent GHG emissions using Energy Star Portfolio
Manager or an equivalent platform. The Green Bank must then make
this data publicly available online.
The bill also requires (1) each superintendent to publish annual
reports on the state of solar power and energy efficiency systems in each
public school in his or her school district and (2) the Green Bank to
publicize any shortcomings of the systems and work with th e
superintendent to overcome obstacles to making improvements.
It allows any consumer, employee, or taxpayer of the state (e.g., labor
unions) to request a report on the state of solar and energy efficiency
projects in a public school building from the superintendent, which
must be published in a report within 30 days after the request.
NEW GREEN BANK RESPO NSIBILITIES
The bill correspondingly expands the Connecticut Green Bank’s
authority and responsibilities by requiring it to do the following:
1. supervise a program giving technical assistance to school
districts seeking to develop solar power system and energy
efficiency projects under the bill’s provisions;
2. supervise a program giving technical assistance, project
development, public education, and training for public school
district officials who are involved in developing solar power and
energy efficiency projects;
3. administer the bill’s new Net-Zero Schools Loan Program (see
above);
4. supervise energy audits and the solar power and energy
efficiency feasibility studies the bill requires;
5. evaluate the program’s success and recommend improvements
to it; and 2023SB-00961-R000240-BA.DOCX
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6. hire a staff of engineers, policy analysts, financial experts, and
community liaisons, or other experts needed to perform its
responsibilities.
DPH REQUIREMENTS
Lead Testing
Under the bill, the DPH commissioner must adopt regulations by
January 1, 2024, requiring all public school districts to (1) periodically
test water samples for lead from all taps used for drinking or cooking in
each school facility and (2) remediate lead contamination sources when
there is lead (presumably, only if the source is part of school district
property).
The bill requires DPH to (1) publish these lead water test results on a
publicly accessible website and (2) share the results with the school
districts’ water utility if it is served by a public system.
Vehicle Idling
The bill requires DPH, by January 1, 2024, to develop an
informational poster on the health impacts of idling vehicle emissions.
It requires public schools, by February 1, 2024, to (1) display the poster
in the school lobby or another visible space and (2) post anti-idling signs
in student pick-up and drop-off areas and other locations where
vehicles frequently idle.
BACKGROUND
Environmental Justice Communities
By law, an “environmental justice community” is (a) any U.S. census
block group, as determined by the most recent census, for which at least
30% of the population consists of low-income people who are not
institutionalized and have an income below 200% of the federal poverty
level or (b) a distressed municipality (CGS § 22a-20a).
The Department of Economic and Community Development
annually designates distressed municipalities, based on high
unemployment and poverty, aging housing stock, and low or declining
rates of job, population, and per capita income growth (CGS § 32-9p). 2023SB-00961-R000240-BA.DOCX
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The current (2022) distressed municipalities are Ansonia, Bridgeport,
Bristol, Chaplin, Derby, East Hartford, East Haven, Griswold, Groton,
Hartford, Meriden, Montville, New Britain, New London, North
Stonington, Norwich, Plainfield, Putnam, Sprague, Sterling, Torrington,
Waterbury, West Haven, Winchester, and Windham.
Towns with current applicable census blocks (that are not also
distressed municipalities) are Bethel, Bloomfield, Branford, Brooklyn,
Canaan, Clinton, Columbia, Coventry, Cromwell, Danbury, East
Haddam, East Lyme, East Windsor, Ellington, Enfield, Essex, Fairfield,
Farmington, Glastonbury, Greenwich, Haddam, Hamden, Killingly,
Ledyard, Lisbon, Manchester, Mansfield, Middletown, Milford,
Naugatuck, New Fairfield, New Haven, New Milford, Newington,
North Canaan, Norwalk, Plainville, Portland, Preston, Ridgefield,
Rocky Hill, Sharon, Shelton, Simsbury, Southington, Stafford, Stamford,
Stonington, Stratford, Thomaston, Thompson, Vernon, Wallingford,
Waterford, Watertown, West Hartford, Wethersfield, Willington,
Windsor Locks, and Windsor.
COMMITTEE ACTION
Environment Committee
Joint Favorable Substitute
Yea 22 Nay 10 (03/10/2023)