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