Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H441 Compare Versions

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22 HOUSE DOCKET, NO. 1719 FILED ON: 1/18/2023
33 HOUSE . . . . . . . . . . . . . . . No. 441
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Daniel Cahill
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act modernizing school construction.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Daniel Cahill10th Essex1/18/2023 1 of 5
1616 HOUSE DOCKET, NO. 1719 FILED ON: 1/18/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 441
1818 By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 441) of Daniel
1919 Cahill relative to school construction. Education.
2020 The Commonwealth of Massachusetts
2121 _______________
2222 In the One Hundred and Ninety-Third General Court
2323 (2023-2024)
2424 _______________
2525 An Act modernizing school construction.
2626 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2727 of the same, as follows:
2828 1 SECTION 1. Section 35BB of chapter 10 of the General Laws, as appearing in the 2020
2929 2Official Edition, is hereby amended by striking out, in lines 7 and 8, the figure “1” and inserting
3030 3in place thereof, in each instance, the following figure:- 2.
3131 4 SECTION 2. Chapter 70 of the General Laws is hereby amended by adding the following
3232 5section:-
3333 6 Section 18. A school district with a disproportionate share of school buildings: (i) in need
3434 7of major renovation or potential replacement; (ii) with environments that are not conducive to
3535 8teaching and learning; (iii) in need of major repairs; or (iv) in need of replacement, as determined
3636 9by the Massachusetts School Building Authority, may, for a period of time until the debt service
3737 10obligations for school construction projects in said schools are paid, use not more than 1 percent
3838 11of the total amount of state school aid allocated to said school district under this chapter for costs
3939 12associated with the renovation or replacement of said school buildings. 2 of 5
4040 13 SECTION 3. Section 2 of chapter 70B of the General Laws, as appearing in the 2020
4141 14Official Edition, is hereby amended by striking out, in lines 29 and 30, the figure “1” and
4242 15inserting in place thereof, in each instance, the following figure:- 2.
4343 16 SECTION 4. Subsection (b) of section 9 of said chapter 70B, as so appearing, is hereby
4444 17amended by striking out the words “may also take into account” and inserting in place thereof
4545 18the following words:- shall provide flexibility for.
4646 19 SECTION 5. Said section 9 of said chapter 70B, as so appearing, is hereby amended by
4747 20inserting after the word “section”, in line 49, the following words:-; provided, however, that the
4848 21reimbursement dollar amount per square foot shall be not less than the average of the actual
4949 22construction cost per square foot of all approved school projects from the previous 3 fiscal years.
5050 23 SECTION 6. Section 10 of said chapter 70B, as so appearing, is hereby amended by
5151 24striking out, in line 3, the figure “80” and inserting in place thereof the following figure:- 100.
5252 25 SECTION 7. Said section 10 of said chapter 70B, as so appearing, is hereby further
5353 26amended by striking out, in line 8, the words “Incentive Percentage (C)” and inserting in place
5454 27thereof the following words:- Incentive Percentage (C) + School Integration Percentage (D).
5555 28 SECTION 8. Clause (3) of paragraph (B) of subsection (a) of said section 10 of said
5656 29chapter 70B, as so appearing, is hereby amended by striking out the figures in the chart titled
5757 30“Poverty” and inserting in place thereof the following figures:-
5858 31 0-99%0.00
5959 32 100-102%1.42
6060 33 103-105%2.83 3 of 5
6161 34 106-108%4.25
6262 35 109-111%5.67
6363 36 112-114%7.08
6464 37 115-117%8.50
6565 38 118-120%9.92
6666 39 121-123%11.33
6767 40 124-126%12.75
6868 41 127-129%14.17
6969 42 130-132%15.58
7070 43 133-135%17.00
7171 44 136-138%18.42
7272 45 139-141%19.83
7373 46 142-144%21.25
7474 47 145-147%22.67
7575 48 148-150%24.08
7676 49 151-153%25.50
7777 50 154-156%26.92 4 of 5
7878 51 157-159%28.33
7979 52 160-162%29.75
8080 53 163-165%31.17
8181 54 166-168%32.58
8282 55 169-171%34.00
8383 56 172-174%35.42
8484 57 175-177%36.83
8585 58 178-180%38.25
8686 59 181-183%39.67
8787 60 184-186%41.08
8888 61 187-189%42.50
8989 62 190-192%43.92
9090 63 193-195%45.33
9191 64 196-198%46.75
9292 65 199%+48.17
9393 66 SECTION 9. Said subsection (a) of said section 10 of said chapter 70B, as so appearing,
9494 67is hereby further amended by adding the following paragraph:- 5 of 5
9595 68 (D) School integration percentage points shall be awarded by the authority. New project
9696 69applications that present clear and convincing evidence, as determined by the authority, that the
9797 70proposed school building project is likely to significantly improve inter-district or intra-district
9898 71racial integration of students shall receive 10 percentage points.
9999 72 SECTION 10. For the purposes of developing program and cost standards pursuant to
100100 73subsection (b) of section 9 of chapter 70B of the General Laws, the Massachusetts School
101101 74Building Authority shall not find a proposed project for the Accelerated Repair Program to be
102102 75ineligible on the basis of estimated total budget unless the estimated total budget is less than
103103 76$100,000.
104104 77 SECTION 11. For the purposes of promulgating net school spending regulations pursuant
105105 78to section (2) of chapter 70 of the General Laws, the department of elementary and secondary
106106 79education shall allow extraordinary maintenance projects to qualify as net school spending up to
107107 80a total cost per project per school of $500,000.