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Rhode Island House Bill H6008

Rhode Island 2023 Regular Session

Rhode Island House Bill H6008 Compare Versions

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55 2023 -- H 6008
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77 LC001764
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO EDUCATION -- FOUNDATION LEVEL SCHOOL SUPPORT
1616 Introduced By: Representatives Handy, McNamara, Cortvriend, Boylan, Tanzi, Edwards,
1717 Hull, Speakman, Fogarty, and Henries
1818 Date Introduced: March 01, 2023
1919 Referred To: House Finance
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Sections 16-7-36, 16-7-39, 16-7-40 and 16-7-41.1 of the General Laws in 1
2424 Chapter 16-7 entitled "Foundation Level School Support [See Title 16 Chapter 97 — The Rhode 2
2525 Island Board of Education Act]" are hereby amended to read as follows: 3
2626 16-7-36. Definitions. 4
2727 The following words and phrases used in §§ 16-7-35 to 16-7-47 have the following 5
2828 meanings: 6
2929 (1) “Adjusted equalized weighted assessed valuation” means the equalized weighted 7
3030 assessed valuation for a community as determined by the division of property valuation within the 8
3131 department of revenue in accordance with § 16-7-21; provided, however, that in the case of a 9
3232 regional school district the commissioner of elementary and secondary education shall apportion 10
3333 the adjusted equalized weighted assessed valuation of the member cities or towns among the 11
3434 regional school district and the member cities or towns according to the proportion that the number 12
3535 of pupils of the regional school district bears to the number of pupils of the member cities or towns. 13
3636 (2) “Approved project” means a project which has complied with the administrative 14
3737 regulations governing §§ 16-7-35 through 16-7-47, and which has been authorized to receive state 15
3838 school housing reimbursement by the commissioner of elementary and secondary education. 16
3939 (3) “Commissioning agent” means a person or entity who ensures that systems are 17
4040 designed, installed, functionally tested, and capable of being operated and maintained to perform 18
4141 in conformity with the design intent of a project. 19
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4545 (4) “Community” means any city, town, or regional school district established pursuant to 1
4646 law; provided, however, that the member towns of the Chariho regional high school district, created 2
4747 by P.L. 1958, ch. 55, as amended, shall constitute separate and individual communities for the 3
4848 purposes of distributing the foundation level school support for school housing for all grades 4
4949 financed in whole or in part by the towns irrespective of any regionalization. 5
5050 (5) “Facilities condition index” means the cost to fully repair the building divided by the 6
5151 cost to replace the building as determined by the school building authority. 7
5252 (6) “Functional utilization” means the ratio of the student population within a school 8
5353 facility to the capacity of the school facility to adequately serve students as defined by the school 9
5454 building authority. 10
5555 (7) “Maintenance expenditures” means amounts spent for repairs or replacements for the 11
5656 purpose of keeping a school facility open and safe for use, including repairs, maintenance, and 12
5757 replacements to a school facility’s heating, lighting, ventilation, security, and other fixtures to keep 13
5858 the facility or fixtures in effective working condition. Maintenance shall not include contracted or 14
5959 direct custodial or janitorial services, expenditures for the cleaning of a school facility or its 15
6060 fixtures, the care and upkeep of grounds, recreational facilities, or parking lots, or the cleaning of 16
6161 or repairs and replacements to movable furnishings or equipment. 17
6262 (8) “Owner’s program manager” means owner’s program manager as defined in § 37-2-7. 18
6363 (9) “Prime contractor” means the construction contractor who is responsible for the 19
6464 completion of a project. 20
6565 (10) “Reference year” means the year next prior to the school year immediately preceding 21
6666 that in which aid is to be paid. 22
6767 (11) “Subject to inflation” means the base amount multiplied by the percentage of increase 23
6868 in the Producer Price Index (PPI) Data for Nonresidential Building Construction (NAICS 236222) 24
6969 as published by the United States Department of Labor, Bureau of Labor Statistics determined as 25
7070 of September 30 of the prior calendar year. 26
7171 (12) "Zero energy capable" means the building: 27
7272 (i) Meets the latest Northeast Collaborative for High Performance Schools (NE-CHPS) 28
7373 standard of a zero energy capable school building whereby the actual annual energy delivered other 29
7474 than as described in subsection (12)(ii) of this section, must be less than or equal to the renewable 30
7575 energy generated onsite; or 31
7676 (ii) The actual annual energy delivered must be less than or equal to the sum of: 32
7777 (A) The renewable energy generated onsite; 33
7878 (B) The renewable energy generated offsite through a power purchase agreement; and 34
7979
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8282 (C) The value of purchased NE-GIS certificates that meet the standard for a new renewable 1
8383 energy resource as defined in § 39-26-2. 2
8484 16-7-39. Computation of school housing-aid ratio. 3
8585 For each community, the percent of state aid for school housing costs shall be computed in 4
8686 the following manner: 5
8787 (1) The adjusted equalized weighted assessed valuation for the district is divided by the 6
8888 resident average daily membership for the district (grades twelve (12) and below); (2) The adjusted 7
8989 equalized weighted assessed valuation for the state is divided by the resident average daily 8
9090 membership for the state (grades twelve (12) and below); (1) is then divided by (2) and the resultant 9
9191 ratio is multiplied by a factor currently set at sixty-two percent (62%) which represents the 10
9292 approximate average district share of school support; the resulting product is then subtracted from 11
9393 one hundred percent (100%) to yield the housing aid share ratio, provided that in no case shall the 12
9494 ratio be less than thirty percent (30%). Provided, that effective July 1, 2010, and annually at the 13
9595 start of each fiscal year thereafter, the thirty percent (30%) floor on said housing-aid share shall be 14
9696 increased by five percent (5%) increments each year until said floor on the housing-aid share ratio 15
9797 reaches a minimum of not less than forty percent (40%). This provision shall apply only to school 16
9898 housing projects completed after June 30, 2010, that received approval from the board of regents 17
9999 prior to June 30, 2012. Provided further, for the fiscal year beginning July 1, 2012, and for 18
100100 subsequent fiscal years, the minimum housing aid share shall be thirty-five percent (35%) for all 19
101101 projects receiving council on elementary and secondary education approval after June 30, 2012. 20
102102 The resident average daily membership shall be determined in accordance with § 16-7-22(1). 21
103103 (2) No district shall receive a combined total of more than twenty (20) incentive percentage 22
104104 points for projects that commence construction by December 30, 2023, and five (5) incentive points 23
105105 for projects that commence construction thereafter; provided further, these caps shall be in addition 24
106106 to amounts received under §§ 16-7-40(a)(1) and, 16-7-40(a)(2), 16-7-40(j)(1) and 16-7-40(j)(2). 25
107107 Furthermore, a district’s share shall not be decreased by more than half of its regular share 26
108108 irrespective of the number of incentive points received nor shall a district’s state share increase by 27
109109 more than half of its regular share, including amounts received under §§ 16-7-40(a)(1) and 16-7-28
110110 40(a)(2), irrespective of the number of incentive points received. 29
111111 16-7-40. Increased school housing ratio. 30
112112 (a)(1) In the case of regional school districts, the school housing aid ratio shall be increased 31
113113 by two percent (2%) for each grade so consolidated. 32
114114 (2) Regional school districts undertaking renovation project(s) shall receive an increased 33
115115 share ratio of four percent (4%) for those specific project(s) only, in addition to the combined share 34
116116
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119119 ratio calculated in § 16-7-39 and this subsection. 1
120120 (b) In the case of projects undertaken by districts specifically for the purposes of school 2
121121 safety and security, the school housing aid share ratio shall be increased by five percent (5%) for 3
122122 these specific projects only, in the calculation of school housing aid. The increased share ratio shall 4
123123 continue to be applied for as long as the project(s) receives state housing aid. In order to qualify for 5
124124 the increased share ratio, seventy-five percent (75%) of the project costs must be specifically 6
125125 directed to school safety and security measures. The council on elementary and secondary 7
126126 education shall promulgate rules and regulations for the administration and operation of this 8
127127 section. 9
128128 (c) For purposes of addressing health and safety deficiencies as defined by the school 10
129129 building authority, including the remediation of hazardous materials, the school housing aid ratio 11
130130 shall be increased by five percent (5%) so long as the construction of the project commences by 12
131131 December 30, 2023, is completed by December 30, 2028, and a two hundred fifty million dollar 13
132132 ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to 14
133133 qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum 15
134134 of five hundred thousand dollars ($500,000) must be specifically directed to this purpose. 16
135135 (d) For purposes of educational enhancement, including projects devoted to the 17
136136 enhancement of early childhood education and career and technical education, the school housing 18
137137 aid ratio shall be increased by five percent (5%) so long as construction of the project commences 19
138138 by December 30, 2023, is completed by December 30, 2028, and a two hundred fifty million dollar 20
139139 ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to 21
140140 qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum 22
141141 of five hundred thousand dollars ($500,000) must be specifically directed to these purposes. 23
142142 (e) For replacement of a facility that has a facilities condition index of sixty-five percent 24
143143 (65%) or higher, the school housing ratio shall be increased by five percent (5%) so long as 25
144144 construction of the project commences by December 30, 2023, is completed by December 30, 2028, 26
145145 does not receive a bonus pursuant to subsection (f) or subsection (g), and a two hundred fifty million 27
146146 dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order 28
147147 to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum 29
148148 of five hundred thousand dollars ($500,000) must be specifically directed to this purpose. 30
149149 (f) For any new construction or renovation that increases the functional utilization of any 31
150150 facility from less than sixty percent (60%) to more than eighty percent (80%), including the 32
151151 consolidation of school buildings within or across districts, the school housing aid ratio shall be 33
152152 increased by five percent (5%) so long as construction of the project commences by December 30, 34
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156156 2023, is completed by December 30, 2028, and a two hundred fifty million dollar ($250,000,000) 1
157157 general obligation bond is approved on the November 2018 ballot. In order to qualify for the 2
158158 increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred 3
159159 thousand dollars ($500,000) must be specifically directed to this purpose. 4
160160 (g) For any new construction or renovation that decreases the functional utilization of any 5
161161 facility from more than one hundred twenty percent (120%) to between eighty-five percent (85%) 6
162162 to one hundred five percent (105%), the school housing ratio shall be increased by five percent 7
163163 (5%) so long as construction of the project commences by December 30, 2023, is completed by 8
164164 December 30, 2028, and a two hundred fifty million dollar ($250,000,000) general obligation bond 9
165165 is approved on the November 2018 ballot. In order to qualify for the increased share ratio, twenty-10
166166 five percent (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000) 11
167167 must be specifically directed to this purpose. 12
168168 (h) For consolidation of two (2) or more school buildings, within or across districts into 13
169169 one school building, the school housing aid ratio shall be increased by five percent (5%) so long as 14
170170 construction of the project commences by December 30, 2023, is completed by December 30, 2028, 15
171171 a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the 16
172172 November 2018 ballot, and does not receive a bonus pursuant to subsection (f) or subsection (g). 17
173173 In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a 18
174174 minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose. 19
175175 (i) Any regionalized and/or non-regionalized school district receiving an increased share 20
176176 ratio for a project approved prior to July 1, 2018, shall continue to receive the increased share ratio 21
177177 for as long as the project receives state housing aid. 22
178178 (j)(1) In the case of projects undertaken by districts specifically for the purposes of high­ 23
179179 performance school design, the school housing aid share ratio shall be increased by five percent 24
180180 (5%) for these specific projects only, in the calculation of school housing aid. The increased share 25
181181 ratio shall continue to be applied for as long as the project(s) receives state housing aid. In order to 26
182182 qualify for the increased share ratio, seventy-five percent (75%) of the project costs must be 27
183183 specifically directed to this purpose. The council on elementary and secondary education shall 28
184184 promulgate rules and regulations for the administration and operation of this section. 29
185185 (2) For any new construction or renovation that includes energy efficiency and renewable 30
186186 energy upgrades for the building to meet the standard of a zero energy capable school building as 31
187187 defined in § 16-7-36, the school housing aid ratio shall be increased by ten percent (10%). 32
188188 16-7-41.1. Eligibility for reimbursement. 33
189189 (a) School districts, not municipalities, may apply for and obtain approval for a project 34
190190
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193193 under the necessity of school construction process set forth in the regulations of the council on 1
194194 elementary and secondary education, provided, however, in the case of a municipality that issues 2
195195 bonds through the Rhode Island health and educational building corporation to finance or refinance 3
196196 school facilities for a school district that is not part of the municipality, the municipality may apply 4
197197 for and obtain approval for a project. Such approval will remain valid until June 30 of the third 5
198198 fiscal year following the fiscal year in which the council on elementary and secondary education’s 6
199199 approval is granted. Only those projects undertaken at school facilities under the care and control 7
200200 of the school committee and located on school property may qualify for reimbursement under §§ 8
201201 16-7-35 — 16-7-47. Facilities with combined school and municipal uses or facilities that are 9
202202 operated jointly with any other profit or nonprofit agency do not qualify for reimbursement under 10
203203 §§ 16-7-35 — 16-7-47. Projects completed by June 30 of a fiscal year are eligible for 11
204204 reimbursement in the following fiscal year. A project for new school housing or additional housing 12
205205 shall be deemed to be completed when the work has been officially accepted by the school 13
206206 committee or when the housing is occupied for its intended use by the school committee, whichever 14
207207 is earlier. 15
208208 (b) Notwithstanding the provisions of this section, the board of regents shall not grant final 16
209209 approval for any project between June 30, 2011, and May 1, 2015, except for projects that are 17
210210 necessitated by immediate health and safety reasons. In the event that a project is requested during 18
211211 the moratorium because of immediate health and safety reasons, those proposals shall be reported 19
212212 to the chairs of the house and senate finance committees. 20
213213 (c) Any project approval granted prior to the adoption of the school construction 21
214214 regulations in 2007, and which are currently inactive; and any project approval granted prior to the 22
215215 adoption of the school construction regulations in 2007 which did not receive voter approval or 23
216216 which has not been previously financed, are no longer eligible for reimbursement under this 24
217217 chapter. The department of elementary and secondary education shall develop recommendations 25
218218 for further cost containment strategies in the school housing aid program. 26
219219 (d) Beginning July 1, 2015, the council on elementary and secondary education shall 27
220220 approve new necessity of school construction applications on an annual basis. The department of 28
221221 elementary and secondary education shall develop an annual application timeline for local 29
222222 education agencies seeking new necessity of school construction approvals. 30
223223 (e) Beginning July 1, 2019, no state funding shall be provided for projects in excess of ten 31
224224 million dollars ($10,000,000) unless the prime contractor for the project has received 32
225225 prequalification from the school building authority. 33
226226 (f) Beginning July 1, 2019, the necessity of school construction process set forth in the 34
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230230 regulations of the council on elementary and secondary education shall include a single statewide 1
231231 process, developed with the consultation of the department of environmental management, that will 2
232232 ensure community involvement throughout the investigation and remediation of contaminated 3
233233 building sites for possible reuse as the location of a school. That process will fulfill all provisions 4
234234 of § 23-19.14-5 related to the investigation of reuse of such sites for schools. 5
235235 (g) Beginning July 1, 2019, school housing projects exceeding one million five hundred 6
236236 thousand dollars ($1,500,000) subject to inflation shall include an owner’s program manager and a 7
237237 commissioning agent. The cost of the program manager and commissioning agent shall be 8
238238 considered a project cost eligible for aid pursuant to §§ 16-7-41 and 16-105-5. 9
239239 (h) Temporary housing, or swing space, for students shall be a reimbursable expense so 10
240240 long as a district can demonstrate that no other viable option to temporarily house students exists 11
241241 and provided that use of the temporary space is time limited for a period not to exceed twenty-four 12
242242 (24) months and tied to a specific construction project. 13
243243 (i) Environmental site remediation, as defined by the school building authority, shall be a 14
244244 reimbursable expense up to one million dollars ($1,000,000) per project. 15
245245 (j) If, within thirty (30) years of construction, a newly constructed school is sold to a private 16
246246 entity, the state shall receive a portion of the sale proceeds equal to that project’s housing aid 17
247247 reimbursement rate at the time of project completion. 18
248248 (k) All projects must comply with § 37-13-6, ensuring that prevailing wage laws are being 19
249249 followed, and § 37-14.1-6, ensuring that minority business enterprises reach a minimum of ten 20
250250 percent (10%) of the dollar value of the bid, and § 37-13-3.3, ensuring apprenticeship program 21
251251 utilization. 22
252252 (l) Using reviewable criteria, all projects seeking school housing aid shall complete an 23
253253 independent, objective, reasoned study on all projects over ten million dollars ($10,000,000) to 24
254254 determine whether adoption of a project labor agreement on the proposed project or projects will 25
255255 help achieve the goals of the state purchases act. 26
256256 SECTION 2. Section 16-105-3 of the General Laws in Chapter 16-105 entitled "School 27
257257 Building Authority" is hereby amended to read as follows: 28
258258 16-105-3. Roles and responsibilities. 29
259259 The school building authority roles and responsibilities shall include: 30
260260 (1) Management of a system with the goal of ensuring equitable and adequate school 31
261261 housing for all public school children in the state; 32
262262 (2) Prevention of the cost of school housing from interfering with the effective operation 33
263263 of the schools; 34
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267267 (3) Management of school housing aid in accordance with statute; 1
268268 (4) Reviewing and making recommendations to the council on elementary and secondary 2
269269 education on necessity of school construction applications for state school housing aid and the 3
270270 school building authority capital fund, based on the recommendations of the school building 4
271271 authority advisory board; 5
272272 (5) Promulgating, managing, and maintaining school construction regulations, standards, 6
273273 and guidelines applicable to the school housing program, based on the recommendations of the 7
274274 school building authority advisory board, created in § 16-105-8. Said regulations shall require 8
275275 conformance with the minority business enterprise requirements set forth in § 37-14.1-6 and with 9
276276 the latest Northeast Collaborative for High Performance Schools (NE-CHPS) standards or 10
277277 equivalent, contingent on approval from the council on elementary and secondary education; 11
278278 (6) Developing a prequalification and review process for prime contractors, architects, and 12
279279 engineers seeking to bid on projects in excess of ten million dollars ($10,000,000) in total costs 13
280280 subject to inflation. Notwithstanding any general laws to the contrary, a prequalification shall be 14
281281 valid for a maximum of two (2) years from the date of issuance. Factors to be considered by the 15
282282 school building authority in granting a prequalification to prime contractors shall include, but not 16
283283 be limited to, the contractor’s history of completing complex projects on time and on budget, track 17
284284 record of compliance with applicable environmental and safety regulations, evidence that 18
285285 completed prior projects prioritized the facility’s future maintainability, and compliance with 19
286286 applicable requirements for the use of women and minority owned subcontractors; 20
287287 (i) At least annually, a list of prequalified contractors, architects, and engineers shall be 21
288288 publicly posted with all other program information; 22
289289 (7) Providing technical assistance and guidance to school districts on the necessity of 23
290290 school construction application process; 24
291291 (8) Providing technical advice and assistance, training, and education to cities, towns, 25
292292 and/or local education agencies and to general contractors, subcontractors, construction or project 26
293293 managers, designers and others in planning, maintenance, and establishment of school facility 27
294294 space; 28
295295 (9) Developing a project priority system, based on the recommendations of the school 29
296296 building authority advisory board, in accordance with school construction regulations for the school 30
297297 building authority capital fund, subject to review and, if necessary, to be revised on intervals not to 31
298298 exceed five (5) years. Project priorities shall include, but not be limited to, the following order of 32
299299 priorities: 33
300300 (i) Projects to replace or renovate a building that is structurally unsound or otherwise in a 34
301301
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304304 condition seriously jeopardizing the health and safety of school children where no alternative exists; 1
305305 (ii) Projects needed to prevent loss of accreditation; 2
306306 (iii) Projects needed for the replacement, renovation, or modernization of the HVAC 3
307307 system in any schoolhouse to increase energy conservation and decrease energy-related costs in 4
308308 said schoolhouse; 5
309309 (iv) Projects needed to replace or add to obsolete buildings in order to provide for a full 6
310310 range of programs consistent with state and approved local requirements; and 7
311311 (v) Projects needed to comply with mandatory, instructional programs; 8
312312 (10) Maintaining a current list of requested school projects and the priority given them; 9
313313 (11) Collecting and maintaining readily available data on all the public school facilities in 10
314314 the state; 11
315315 (12) Collecting, maintaining, and making publicly available quarterly progress reports of 12
316316 all ongoing school construction projects that shall include, at a minimum, the costs of the project 13
317317 and the time schedule of the project; 14
318318 (13) Recommending policies and procedures designed to reduce borrowing for school 15
319319 construction programs at both state and local levels; 16
320320 (14) At least every five (5) years, conducting a needs survey to ascertain the capital 17
321321 construction, reconstruction, maintenance, and other capital needs for schools in each district of the 18
322322 state, including public charter schools; 19
323323 (15) Developing a formal enrollment projection model or using projection models already 20
324324 available; 21
325325 (16) Encouraging local education agencies to investigate opportunities for the maximum 22
326326 utilization of space in and around the district; 23
327327 (17) Collecting and maintaining a clearinghouse of prototypical school plans that may be 24
328328 consulted by eligible applicants; 25
329329 (18) Retaining the services of consultants, as necessary, to effectuate the roles and 26
330330 responsibilities listed within this section; 27
331331 (19) No district shall receive a combined total of more than twenty (20) incentive 28
332332 percentage points for projects that commence construction by December 30, 2023, and five (5) 29
333333 incentive points for projects that commence construction thereafter; provided further, these caps 30
334334 shall be in addition to amounts received under §§ 16-7-40(a)(1) and, 16-7-40(a)(2), 16-7-40(j)(1) 31
335335 and 16-7-40(j)(2). Furthermore, a district’s share shall not be decreased by more than half of its 32
336336 regular share irrespective of the number of incentive points received, nor shall a district’s state 33
337337 share increase by more than half of its regular share, including amounts received under §§ 16-7-34
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341341 40(a)(1) and 16-7-40(a)(2), irrespective of the number of incentive points received. 1
342342 Notwithstanding any provision of the general laws to the contrary, the reimbursement or aid 2
343343 received under this chapter or chapter 38.2 of title 45 shall not exceed one hundred percent (100%) 3
344344 of the sum of the total project costs plus interest costs. If a two hundred and fifty million dollar 4
345345 ($250,000,000) general obligation bond is approved on the November 2018 ballot, projects 5
346346 approved between May 1, 2015, and January 1, 2018, are eligible to receive incentive points (above 6
347347 and beyond what the project was awarded at the time of approval) pursuant to § 16-7-39 and § 16-7
348348 7-40. Provided, however, any project approved during this time period with a project cost in excess 8
349349 of one million five hundred thousand dollars ($1,500,000), which does not include an owner’s 9
350350 program manager and a commissioning agent, shall only be eligible to receive five (5) incentive 10
351351 points. Incentive points awarded pursuant to the provisions of this subsection shall only be applied 11
352352 to reimbursements occurring on or after July 1, 2018. Any project approved between May 1, 2015, 12
353353 and January 1, 2018, that is withdrawn and/or resubmitted for approval shall not be eligible for any 13
354354 incentive points. 14
355355 (20) Hiring an appropriated staff member who shall create and implement a plan to bring 15
356356 all Rhode Island school buildings to the standard of a zero energy capable school building as 16
357357 defined in § 16-7-36 and who shall provide technical advice and assistance, training, and education 17
358358 to cities, towns, and/or local education agencies and to general contractors, subcontractors, 18
359359 construction or project managers, designers and others on the latest NE-CHPS standards. 19
360360 SECTION 3. Chapter 16-9 of the General Laws entitled "School Funds and Property" is 20
361361 hereby amended by adding thereto the following section: 21
362362 16-9-11. New school construction and renovations. 22
363363 (a) Not later than June 30, 2024, the department of education and the office of energy 23
364364 resources are hereby authorized and directed, to develop and adopt regulations requiring all school 24
365365 buildings to meet the latest Northeast Collaborative for High Performance Schools (NE-CHPS) 25
366366 standard of zero energy capable, as defined in § 16-7-36, by December 31, 2035. 26
367367 (1) The regulations shall allow flexibility to the furthest extent possible for local education 27
368368 agencies to pursue state and federal funding sources that assist in financing energy efficiency or 28
369369 renewable energy systems without any penalties or reduction in state housing aid provided by the 29
370370 department of education. 30
371371 (2) Furthermore, for local education agencies that pursue federal funding for renewable 31
372372 energy systems, the department's regulations shall direct and provide further guidance to local 32
373373 education agencies to build, own, and operate solar panels utilizing federal guidance established in 33
374374 IRC § 6417. 34
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378378 SECTION 4. This act shall take effect upon passage. 1
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385385 EXPLANATION
386386 BY THE LEGISLATIVE COUNCIL
387387 OF
388388 A N A C T
389389 RELATING TO EDUCATION -- FOUNDATION LEVEL SCHOOL SUPPORT
390390 ***
391391 This act would provide that the department of education and the office of energy resources 1
392392 develop regulations for school buildings to meet the latest Northeast Collaborative for High 2
393393 Performance Schools standards of zero energy capable schools. 3
394394 This act would take effect upon passage. 4
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