15 | 16 | | |
---|
16 | 17 | | |
---|
17 | 18 | | |
---|
18 | 19 | | AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE |
---|
19 | 20 | | DEPARTMENT OF ADMINISTRATIVE SERVICES REGARDING THE |
---|
20 | 21 | | SCHOOL BUILDING PROJECTS STATUTES. |
---|
21 | 22 | | Be it enacted by the Senate and House of Representatives in General |
---|
22 | 23 | | Assembly convened: |
---|
23 | 24 | | |
---|
24 | 25 | | Section 1. Subsections (a) and (b) of section 10-283 of the general 1 |
---|
25 | 26 | | statutes are repealed and the following is substituted in lieu thereof 2 |
---|
26 | 27 | | (Effective from passage): 3 |
---|
27 | 28 | | (a) (1) Each town or regional school district shall be eligible to apply 4 |
---|
28 | 29 | | for and accept grants for a school building project as provided in this 5 |
---|
29 | 30 | | chapter. Any town desiring a grant for a public school building project 6 |
---|
30 | 31 | | may, by vote of its legislative body, authorize the board of education of 7 |
---|
31 | 32 | | such town to apply to the Commissioner of Administrative Services and 8 |
---|
32 | 33 | | to accept or reject such grant for the town. Any regional school board 9 |
---|
33 | 34 | | may vote to authorize the supervising agent of the regional school 10 |
---|
34 | 35 | | district to apply to the Commissioner of Administrative Services for and 11 |
---|
35 | 36 | | to accept or reject such grant for the district. Applications for such grants 12 |
---|
36 | 37 | | under this chapter shall be made by the superintendent of schools of 13 |
---|
41 | 44 | | |
---|
42 | 45 | | manner prescribed by the Commissioner of Administrative Services. 15 |
---|
43 | 46 | | [The application form shall require the superintendent of schools to 16 |
---|
44 | 47 | | affirm that the school district considered the maximization of natural 17 |
---|
45 | 48 | | light, the use and feasibility of wireless connectivity technology and, on 18 |
---|
46 | 49 | | and after July 1, 2014, the school safety infrastructure criteria, described 19 |
---|
47 | 50 | | in section 10-292r, in projects for new construction and alteration or 20 |
---|
48 | 51 | | renovation of a school building.] The Commissioner of Administrative 21 |
---|
49 | 52 | | Services shall review, in consultation with the Commissioner of 22 |
---|
50 | 53 | | Education, each grant application for a school building project for 23 |
---|
51 | 54 | | compliance with educational specifications. The Commissioner of 24 |
---|
52 | 55 | | Education shall evaluate, if appropriate, whether the project will assist 25 |
---|
53 | 56 | | the state in meeting its obligations pursuant to the decision in Sheff v. 26 |
---|
54 | 57 | | O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, 27 |
---|
55 | 58 | | as determined by the Commissioner of Education. The Commissioner of 28 |
---|
56 | 59 | | Administrative Services shall consult with the Commissioner of 29 |
---|
57 | 60 | | Education in reviewing grant applications submitted for purposes of 30 |
---|
58 | 61 | | subsection (a) of section 10-65 or section 10-76e on the basis of the 31 |
---|
59 | 62 | | educational needs of the applicant. The Commissioner of 32 |
---|
60 | 63 | | Administrative Services shall review each grant application for a school 33 |
---|
61 | 64 | | building project for compliance with standards for school building 34 |
---|
62 | 65 | | projects pursuant to regulations, adopted in accordance with section 10-35 |
---|
63 | 66 | | 287c, and, on and after July 1, 2014, the school safety infrastructure 36 |
---|
64 | 67 | | criteria, described in section 10-292r. Notwithstanding the provisions of 37 |
---|
65 | 68 | | this chapter, the Board of Trustees of the Community-Technical 38 |
---|
66 | 69 | | Colleges on behalf of Quinebaug Valley Community College and Three 39 |
---|
67 | 70 | | Rivers Community College and the following entities that will operate 40 |
---|
68 | 71 | | an interdistrict magnet school that will assist the state in meeting its 41 |
---|
69 | 72 | | obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 42 |
---|
70 | 73 | | (1996), or any related stipulation or order in effect, as determined by the 43 |
---|
71 | 74 | | Commissioner of Education, may apply for and shall be eligible to 44 |
---|
72 | 75 | | receive grants for school building projects pursuant to section 10-264h 45 |
---|
73 | 76 | | for such a school: (A) The Board of Trustees of the Community-46 |
---|
74 | 77 | | Technical Colleges on behalf of a regional community-technical college, 47 |
---|
75 | 78 | | (B) the Board of Trustees of the Connecticut State University System on 48 |
---|
81 | 86 | | of Connecticut on behalf of the university, (D) the board of governors 50 |
---|
82 | 87 | | for an independent institution of higher education, as defined in 51 |
---|
83 | 88 | | subsection (a) of section 10a-173, or the equivalent of such a board, on 52 |
---|
84 | 89 | | behalf of the independent institution of higher education, (E) 53 |
---|
85 | 90 | | cooperative arrangements pursuant to section 10-158a, and (F) any other 54 |
---|
86 | 91 | | third-party not-for-profit corporation approved by the Commissioner of 55 |
---|
87 | 92 | | Education. 56 |
---|
88 | 93 | | (2) All applications submitted prior to July first shall be reviewed 57 |
---|
89 | 94 | | promptly by the Commissioner of Administrative Services. The 58 |
---|
90 | 95 | | Commissioner of Administrative Services shall estimate the amount of 59 |
---|
91 | 96 | | the grant for which such project is eligible, in accordance with the 60 |
---|
92 | 97 | | provisions of section 10-285a, provided an application for a school 61 |
---|
93 | 98 | | building project determined by the Commissioner of Education to be a 62 |
---|
94 | 99 | | project that will assist the state in meeting its obligations pursuant to the 63 |
---|
95 | 100 | | decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation 64 |
---|
96 | 101 | | or order in effect, as determined by the Commissioner of Education, 65 |
---|
97 | 102 | | shall have until September first to submit an application for such a 66 |
---|
98 | 103 | | project and may have until December first of the same year to secure 67 |
---|
99 | 104 | | and report all local and state approvals required to complete the grant 68 |
---|
100 | 105 | | application. The Commissioner of Administrative Services shall 69 |
---|
101 | 106 | | annually prepare a listing of all such eligible school building projects 70 |
---|
102 | 107 | | with the amount of the estimated grants for such projects and shall 71 |
---|
103 | 108 | | submit the same to the Governor, the Secretary of the Office of Policy 72 |
---|
104 | 109 | | and Management and the General Assembly on or before the fifteenth 73 |
---|
105 | 110 | | day of December, except as provided in section 10-283a, with a request 74 |
---|
106 | 111 | | for authorization to enter into grant commitments. On or before 75 |
---|
107 | 112 | | December thirty-first annually, the Secretary of the Office of Policy and 76 |
---|
108 | 113 | | Management may submit comments and recommendations regarding 77 |
---|
109 | 114 | | each eligible project on such listing of eligible school building projects 78 |
---|
110 | 115 | | to the school construction committee, established pursuant to section 10-79 |
---|
111 | 116 | | 283a. Each such listing shall include a report on the following factors for 80 |
---|
112 | 117 | | each eligible project: [(i)] (A) An enrollment projection and the capacity 81 |
---|
119 | 126 | | substantiation of the estimated total project costs, [(iii)] (C) the readiness 84 |
---|
120 | 127 | | of such eligible project to begin construction, [(iv)] (D) efforts made by 85 |
---|
121 | 128 | | the local or regional board of education to redistrict, reconfigure, merge 86 |
---|
122 | 129 | | or close schools under the jurisdiction of such board prior to submitting 87 |
---|
123 | 130 | | an application under this section, [(v)] (E) enrollment and capacity 88 |
---|
124 | 131 | | information for all of the schools under the jurisdiction of such board 89 |
---|
125 | 132 | | for the five years prior to application for a school building project grant, 90 |
---|
126 | 133 | | [(vi)] (F) enrollment projections and capacity information for all of the 91 |
---|
127 | 134 | | schools under the jurisdiction of such board for the eight years following 92 |
---|
128 | 135 | | the date such application is submitted, including who conducted the 93 |
---|
129 | 136 | | enrollment projection for the school and the cost of conducting such 94 |
---|
130 | 137 | | enrollment projection, [(vii)] (G) the state's education priorities relating 95 |
---|
131 | 138 | | to reducing racial and economic isolation for the school district, and 96 |
---|
132 | 139 | | [(viii)] (H) an estimation of the total ineligible costs and an itemization 97 |
---|
133 | 140 | | of such ineligible costs for such project. On and after July 1, 2022, each 98 |
---|
134 | 141 | | such listing shall include an addendum that contains all grants 99 |
---|
135 | 142 | | approved pursuant to subsection (b) of this section during the prior 100 |
---|
136 | 143 | | fiscal year. For the period beginning July 1, 2006, and ending June 30, 101 |
---|
137 | 144 | | 2012, no project may appear on the separate schedule of authorized 102 |
---|
138 | 145 | | projects which have changed in cost more than twice. On and after July 103 |
---|
139 | 146 | | 1, 2012, no project [, other than a project for a technical education and 104 |
---|
140 | 147 | | career school,] may appear on the separate schedule of authorized 105 |
---|
141 | 148 | | projects which have changed in cost more than once, except the 106 |
---|
142 | 149 | | Commissioner of Administrative Services may allow a project to appear 107 |
---|
143 | 150 | | on such separate schedule of authorized projects a second time if the 108 |
---|
144 | 151 | | town or regional school district for such project can demonstrate that 109 |
---|
145 | 152 | | exigent circumstances require such project to appear a second time on 110 |
---|
146 | 153 | | such separate schedule of authorized projects. Notwithstanding any 111 |
---|
147 | 154 | | provision of this chapter, no projects which have changed in scope or 112 |
---|
148 | 155 | | cost to the degree determined by the Commissioner of Administrative 113 |
---|
149 | 156 | | Services, in consultation with the Commissioner of Education, shall be 114 |
---|
150 | 157 | | eligible for reimbursement under this chapter unless it appears on such 115 |
---|
158 | 167 | | 1, 2006, a project that was not previously authorized as an interdistrict 119 |
---|
159 | 168 | | magnet school shall not receive a higher percentage for reimbursement 120 |
---|
160 | 169 | | than that determined pursuant to section 10-285a at the time a school 121 |
---|
161 | 170 | | building project on such schedule was originally authorized. The 122 |
---|
162 | 171 | | General Assembly shall annually authorize the Commissioner of 123 |
---|
163 | 172 | | Administrative Services to enter into grant commitments on behalf of 124 |
---|
164 | 173 | | the state in accordance with the commissioner's categorized listing for 125 |
---|
165 | 174 | | such projects as the General Assembly shall determine. The 126 |
---|
166 | 175 | | Commissioner of Administrative Services may not enter into any such 127 |
---|
167 | 176 | | grant commitments except pursuant to such legislative authorization. 128 |
---|
168 | 177 | | Any regional school district which assumes the responsibility for 129 |
---|
169 | 178 | | completion of a public school building project shall be eligible for a 130 |
---|
170 | 179 | | grant pursuant to subdivision (5) or (6), as the case may be, of subsection 131 |
---|
171 | 180 | | (a) of section 10-286 when such project is completed and accepted by 132 |
---|
172 | 181 | | such regional school district. 133 |
---|
173 | 182 | | (3) (A) All final calculations completed by the Department of 134 |
---|
174 | 183 | | Administrative Services for school building projects shall include a 135 |
---|
175 | 184 | | computation of the state grant for the school building project amortized 136 |
---|
176 | 185 | | on a straight line basis over a twenty-year period for school building 137 |
---|
177 | 186 | | projects with costs equal to or greater than two million dollars and over 138 |
---|
178 | 187 | | a ten-year period for school building projects with costs less than two 139 |
---|
179 | 188 | | million dollars. Any town or regional school district which abandons, 140 |
---|
180 | 189 | | sells, leases, demolishes or otherwise redirects the use of such a school 141 |
---|
181 | 190 | | building project to other than a public school use or a public use during 142 |
---|
182 | 191 | | such amortization period shall refund to the state the unamortized 143 |
---|
183 | 192 | | balance of the state grant remaining as of the date the abandonment, 144 |
---|
184 | 193 | | sale, lease, demolition or redirection occurs. The amortization period for 145 |
---|
185 | 194 | | a project shall begin on the date the project was accepted as complete by 146 |
---|
186 | 195 | | the local or regional board of education. [A town or regional school 147 |
---|
187 | 196 | | district required to make a refund to the state pursuant to this 148 |
---|
196 | 207 | | of the priority list under section 10-283a, containing such request shall 153 |
---|
197 | 208 | | constitute approval of such request.] This subdivision shall not apply to 154 |
---|
198 | 209 | | projects to correct safety, health and other code violations or to remedy 155 |
---|
199 | 210 | | certified school indoor air quality emergencies approved pursuant to 156 |
---|
200 | 211 | | subsection (b) of this section or projects subject to the provisions of 157 |
---|
201 | 212 | | section 10-285c. 158 |
---|
202 | 213 | | (B) If the board of governors for an independent institution of higher 159 |
---|
203 | 214 | | education, as defined in subsection (a) of section 10a-173, or the 160 |
---|
204 | 215 | | equivalent of such a board, on behalf of the independent institution of 161 |
---|
205 | 216 | | higher education, that operates an interdistrict magnet school makes 162 |
---|
206 | 217 | | private use of any portion of a school building in which such operator 163 |
---|
207 | 218 | | received a school building project grant pursuant to this chapter, such 164 |
---|
208 | 219 | | operator shall annually submit a report to the Commissioner of 165 |
---|
209 | 220 | | Education that demonstrates that such operator provides an equal to or 166 |
---|
210 | 221 | | greater than in-kind or supplemental benefit of such institution's 167 |
---|
211 | 222 | | facilities to students enrolled in such interdistrict magnet school that 168 |
---|
212 | 223 | | outweighs the private use of such school building. If the commissioner 169 |
---|
213 | 224 | | finds that the private use of such school building exceeds the in-kind or 170 |
---|
214 | 225 | | supplemental benefit to magnet school students, the commissioner may 171 |
---|
215 | 226 | | require such institution to refund to the state the unamortized balance 172 |
---|
216 | 227 | | of the state grant. 173 |
---|
217 | 228 | | (b) (1) Notwithstanding the application date requirements of this 174 |
---|
218 | 229 | | section, at any time within the limit of available grant authorization and 175 |
---|
219 | 230 | | within the limit of appropriated funds, the Commissioner of 176 |
---|
220 | 231 | | Administrative Services, in consultation with the Commissioner of 177 |
---|
221 | 232 | | Education, may approve applications for grants and make payments for 178 |
---|
222 | 233 | | such grants, for any of the following reasons: (A) To assist school 179 |
---|
223 | 234 | | building projects to remedy damage from fire and catastrophe, (B) to 180 |
---|
224 | 235 | | correct safety, health and other code violations, (C) to replace roofs, 181 |
---|
234 | 247 | | management systems or portable classroom buildings, provided 187 |
---|
235 | 248 | | portable classroom building projects shall not create a new facility or 188 |
---|
236 | 249 | | cause an existing facility to be modified so that the portable buildings 189 |
---|
237 | 250 | | comprise a substantial percentage of the total facility area, as 190 |
---|
238 | 251 | | determined by the commissioner, or (G) to upgrade heating, ventilation 191 |
---|
239 | 252 | | and air conditioning systems or make other improvements to indoor air 192 |
---|
240 | 253 | | quality in school buildings subject to subdivision (2) of this subsection. 193 |
---|
241 | 254 | | (2) The commissioner shall not award a grant under subparagraph 194 |
---|
242 | 255 | | (G) of subdivision (1) of this subsection to any applicant that, on or after 195 |
---|
243 | 256 | | July 1, 2026, has not certified compliance with the uniform inspection 196 |
---|
244 | 257 | | and evaluation of an existing heating, ventilation and air conditioning 197 |
---|
245 | 258 | | system pursuant to subsection (d) of section 10-220. The following 198 |
---|
246 | 259 | | expenses shall not be eligible for reimbursement under this subsection: 199 |
---|
247 | 260 | | Routine maintenance and cleaning of the heating, ventilation and air 200 |
---|
248 | 261 | | conditioning system, and work performed at or on a public school 201 |
---|
249 | 262 | | administrative or service facility that is not located or housed within a 202 |
---|
250 | 263 | | public school building. Recipients of a grant under subparagraph (G) of 203 |
---|
251 | 264 | | subdivision (1) of this subsection shall be responsible for the routine 204 |
---|
252 | 265 | | maintenance and cleaning of the heating, ventilation and air 205 |
---|
253 | 266 | | conditioning system and provide training to school personnel and 206 |
---|
254 | 267 | | building maintenance staff concerning the proper use and maintenance 207 |
---|
255 | 268 | | of the heating, ventilation and air conditioning system. 208 |
---|
256 | 269 | | Sec. 2. Subdivision (4) of subsection (b) of section 10-287 of the general 209 |
---|
257 | 270 | | statutes is repealed and the following is substituted in lieu thereof 210 |
---|
258 | 271 | | (Effective from passage): 211 |
---|
259 | 272 | | (4) All orders and contracts for any other consultant services, 212 |
---|
260 | 273 | | including, but not limited to, consultant services rendered by an owner's 213 |
---|
271 | 286 | | the Commissioner of Administrative Services in writing or through a 220 |
---|
272 | 287 | | written electronic communication.] 221 |
---|
273 | 288 | | Sec. 3. Section 10-287d of the general statutes is repealed and the 222 |
---|
274 | 289 | | following is substituted in lieu thereof (Effective from passage): 223 |
---|
275 | 290 | | For the purposes of funding (1) grants to projects that have received 224 |
---|
276 | 291 | | approval of the Department of Administrative Services pursuant to 225 |
---|
277 | 292 | | section 10-287, subsection (a) of section 10-65 and section 10-76e, and (2) 226 |
---|
278 | 293 | | grants to assist school building projects to remedy safety and health 227 |
---|
279 | 294 | | violations and damage from fire and catastrophe, [and (3) technical 228 |
---|
280 | 295 | | education and career school projects pursuant to section 10-283b,] the 229 |
---|
281 | 296 | | State Treasurer is authorized and directed, subject to and in accordance 230 |
---|
282 | 297 | | with the provisions of section 3-20, to issue bonds of the state from time 231 |
---|
283 | 298 | | to time in one or more series in an aggregate amount not exceeding 232 |
---|
284 | 299 | | thirteen billion eight hundred sixty-two million one hundred sixty 233 |
---|
285 | 300 | | thousand dollars. Bonds of each series shall bear such date or dates and 234 |
---|
286 | 301 | | mature at such time or times not exceeding thirty years from their 235 |
---|
287 | 302 | | respective dates and be subject to such redemption privileges, with or 236 |
---|
288 | 303 | | without premium, as may be fixed by the State Bond Commission. They 237 |
---|
289 | 304 | | shall be sold at not less than par and accrued interest and the full faith 238 |
---|
290 | 305 | | and credit of the state is pledged for the payment of the interest thereon 239 |
---|
291 | 306 | | and the principal thereof as the same shall become due, and accordingly 240 |
---|
292 | 307 | | and as part of the contract of the state with the holders of said bonds, 241 |
---|
293 | 308 | | appropriation of all amounts necessary for punctual payment of such 242 |
---|
294 | 309 | | principal and interest is hereby made, and the State Treasurer shall pay 243 |
---|
295 | 310 | | such principal and interest as the same become due. The State Treasurer 244 |
---|
296 | 311 | | is authorized to invest temporarily in direct obligations of the United 245 |
---|
297 | 312 | | States, United States agency obligations, certificates of deposit, 246 |
---|