Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S251 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 453 FILED ON: 1/16/2023
3	3	SENATE . . . . . . . . . . . . . . No. 251
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Brendan P. Crighton
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act modernizing school construction.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Brendan P. CrightonThird EssexMichael J. BarrettThird Middlesex1/27/2023Peter Capano11th Essex2/14/2023 1 of 5
16	16	SENATE DOCKET, NO. 453 FILED ON: 1/16/2023
17	17	SENATE . . . . . . . . . . . . . . No. 251
18	18	By Mr. Crighton, a petition (accompanied by bill, Senate, No. 251) of Brendan P. Crighton,
19	19	Michael J. Barrett and Peter Capano for legislation to modernize school construction. Education.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 306 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act modernizing school construction.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 35BB of chapter 10 of the General Laws, as appearing in the 2020
31	31	2Official Edition, is hereby amended by striking out, in lines 7 and 8, the figure “1” and inserting
32	32	3in place thereof, in each instance, the following figure:- 2.
33	33	4 SECTION 2. Chapter 70 of the General Laws is hereby amended by adding the following
34	34	5section:-
35	35	6 Section 18. A school district with a disproportionate share of school buildings: (i) in need
36	36	7of major renovation or potential replacement; (ii) with environments that are not conducive to
37	37	8teaching and learning; (iii) in need of major repairs; or (iv) in need of replacement, as determined
38	38	9by the Massachusetts School Building Authority, may, for a period of time until the debt service
39	39	10obligations for school construction projects in said schools are paid, use not more than 1 per cent 2 of 5
40	40	11of the total amount of state school aid allocated to said school district under this chapter for costs
41	41	12associated with the renovation or replacement of said school buildings.
42	42	13 SECTION 3. Section 2 of chapter 70B of the General Laws, as appearing in the 2020
43	43	14Official Edition, is hereby amended by striking out, in lines 29 and 30, the figure “1” and
44	44	15inserting in place thereof, in each instance, the following figure:- 2.
45	45	16 SECTION 4. Subsection (b) of section 9 of said chapter 70B, as so appearing, is hereby
46	46	17amended by striking out the words “may also take into account” and inserting in place thereof
47	47	18the following words:- shall provide flexibility for.
48	48	19 SECTION 5. Said section 9 of said chapter 70B, as so appearing, is hereby amended by
49	49	20inserting after the word “section”, in line 49, the following words:-; provided, however, that the
50	50	21reimbursement dollar amount per square foot shall be not less than the average of the actual
51	51	22construction cost per square foot of all approved school projects from the previous 3 fiscal years.
52	52	23 SECTION 6. Section 10 of said chapter 70B, as so appearing, is hereby amended by
53	53	24striking out, in line 3, the figure “80” and inserting in place thereof the following figure:- 100.
54	54	25 SECTION 7. Said section 10 of said chapter 70B, as so appearing, is hereby further
55	55	26amended by striking out, in line 8, the words “Incentive Percentage (C)” and inserting in place
56	56	27thereof the following words:- Incentive Percentage (C) + School Integration Percentage (D).
57	57	28 SECTION 8. Clause (3) of paragraph (B) of subsection (a) of said section 10 of said
58	58	29chapter 70B, as so appearing, is hereby amended by striking out the figures in the chart titled
59	59	30“Poverty” and inserting in place thereof the following figures:-
60	60	31 0-99% 0.00 3 of 5
61	61	32 100-102% 1.42
62	62	33 103-105% 2.83
63	63	34 106-108% 4.25
64	64	35 109-111% 5.67
65	65	36 112-114% 7.08
66	66	37 115-117% 8.50
67	67	38 118-120% 9.92
68	68	39 121-123% 11.33
69	69	40 124-126% 12.75
70	70	41 127-129% 14.17
71	71	42 130-132% 15.58
72	72	43 133-135% 17.00
73	73	44 136-138% 18.42
74	74	45 139-141% 19.83
75	75	46 142-144% 21.25
76	76	47 145-147% 22.67
77	77	48 148-150% 24.08 4 of 5
78	78	49 151-153% 25.50
79	79	50 154-156% 26.92
80	80	51 157-159% 28.33
81	81	52 160-162% 29.75
82	82	53 163-165% 31.17
83	83	54 166-168% 32.58
84	84	55 169-171% 34.00
85	85	56 172-174% 35.42
86	86	57 175-177% 36.83
87	87	58 178-180% 38.25
88	88	59 181-183% 39.67
89	89	60 184-186% 41.08
90	90	61 187-189% 42.50
91	91	62 190-192% 43.92
92	92	63 193-195% 45.33
93	93	64 196-198% 46.75
94	94	65 199%+ 48.17 5 of 5
95	95	66 SECTION 9. Said subsection (a) of said section 10 of said chapter 70B, as so appearing,
96	96	67is hereby further amended by adding the following paragraph:-
97	97	68 (D) School integration percentage points shall be awarded by the authority. New project
98	98	69applications that present clear and convincing evidence, as determined by the authority, that the
99	99	70proposed school building project is likely to significantly improve inter-district or intra-district
100	100	71racial integration of students shall receive 10 percentage points.
101	101	72 SECTION 10. For the purposes of developing program and cost standards pursuant to
102	102	73subsection (b) of section 9 of chapter 70B of the General Laws, the Massachusetts School
103	103	74Building Authority shall not find a proposed project for the Accelerated Repair Program to be
104	104	75ineligible on the basis of estimated total budget unless the estimated total budget is less than
105	105	76$100,000.
106	106	77 SECTION 11. For the purposes of promulgating net school spending regulations pursuant
107	107	78to section (2) of chapter 70 of the General Laws, the department of elementary and secondary
108	108	79education shall allow extraordinary maintenance projects to qualify as net school spending up to
109	109	80a total cost per project per school of $500,000.