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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- S 0537 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001149 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO EDUCATION -- SCHOOL FUNDS AND PROPERTY |
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| 16 | 16 | | Introduced By: Senators Pearson, Acosta, Cano, Murray, DiPalma, Ruggerio, Valverde, |
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| 17 | 17 | | LaMountain, DiMario, and Sosnowski |
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| 18 | 18 | | Date Introduced: March 07, 2023 |
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| 19 | 19 | | Referred To: Senate Finance |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Chapter 16-9 of the General Laws entitled "School Funds and Property" is 1 |
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| 24 | 24 | | hereby amended by adding thereto the following section: 2 |
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| 25 | 25 | | 16-9-11. New school construction and renovations. 3 |
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| 26 | 26 | | (a) Not later than December 31, 2023, the department of elementary and secondary 4 |
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| 27 | 27 | | education is hereby authorized and directed, in consultation with the office of energy resources, to 5 |
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| 28 | 28 | | develop and adopt regulations requiring all school buildings to meet the standard of zero energy 6 |
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| 29 | 29 | | capable, as defined in § 16-7-36, by December 31, 2035. 7 |
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| 30 | 30 | | (1) The regulations shall allow flexibility to the furthest extent possible for local education 8 |
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| 31 | 31 | | agencies to pursue state and federal funding sources that assist in financing energy efficiency or 9 |
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| 32 | 32 | | renewable energy systems without any penalties or reduction in state housing aid provided by the 10 |
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| 33 | 33 | | department of education. 11 |
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| 34 | 34 | | (2) Furthermore, for local education agencies that pursue federal funding for renewable 12 |
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| 35 | 35 | | energy systems, the department’s regulations shall direct and provide further guidance to local 13 |
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| 36 | 36 | | education agencies to build, own, and operate solar panels utilizing federal guidance established in 14 |
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| 37 | 37 | | I.R.C. § 6418(b)(1). 15 |
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| 38 | 38 | | (b) For purposes of the section, terms used in this section shall have the same meaning as 16 |
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| 39 | 39 | | defined in § 16-7-36. 17 |
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| 40 | 40 | | SECTION 2. Sections 16-7-36, 16-7-40 and 16-7-41.1 of the General Laws in Chapter 16-18 |
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| 41 | 41 | | 7 entitled "Foundation Level School Support [See Title 16 Chapter 97 — The Rhode Island Board 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001149 - Page 2 of 11 |
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| 45 | 45 | | of Education Act]" are hereby amended to read as follows: 1 |
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| 46 | 46 | | 16-7-36. Definitions. 2 |
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| 47 | 47 | | The following words and phrases used in §§ 16-7-35 to 16-7-47 and in §16-9-11 have the 3 |
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| 48 | 48 | | following meanings: 4 |
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| 49 | 49 | | (1) “Adjusted equalized weighted assessed valuation” means the equalized weighted 5 |
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| 50 | 50 | | assessed valuation for a community as determined by the division of property valuation within the 6 |
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| 51 | 51 | | department of revenue in accordance with § 16-7-21; provided, however, that in the case of a 7 |
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| 52 | 52 | | regional school district the commissioner of elementary and secondary education shall apportion 8 |
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| 53 | 53 | | the adjusted equalized weighted assessed valuation of the member cities or towns among the 9 |
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| 54 | 54 | | regional school district and the member cities or towns according to the proportion that the number 10 |
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| 55 | 55 | | of pupils of the regional school district bears to the number of pupils of the member cities or towns. 11 |
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| 56 | 56 | | (2) “Approved project” means a project which has complied with the administrative 12 |
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| 57 | 57 | | regulations governing §§ 16-7-35 through 16-7-47, and which has been authorized to receive state 13 |
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| 58 | 58 | | school housing reimbursement by the commissioner of elementary and secondary education. 14 |
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| 59 | 59 | | (3) “Commissioning agent” means a person or entity who ensures that systems are 15 |
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| 60 | 60 | | designed, installed, functionally tested, and capable of being operated and maintained to perform 16 |
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| 61 | 61 | | in conformity with the design intent of a project. 17 |
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| 62 | 62 | | (4) “Community” means any city, town, or regional school district established pursuant to 18 |
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| 63 | 63 | | law; provided, however, that the member towns of the Chariho regional high school district, created 19 |
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| 64 | 64 | | by P.L. 1958, ch. 55, as amended, shall constitute separate and individual communities for the 20 |
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| 65 | 65 | | purposes of distributing the foundation level school support for school housing for all grades 21 |
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| 66 | 66 | | financed in whole or in part by the towns irrespective of any regionalization. 22 |
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| 67 | 67 | | (5) “Facilities condition index” means the cost to fully repair the building divided by the 23 |
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| 68 | 68 | | cost to replace the building as determined by the school building authority. 24 |
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| 69 | 69 | | (6) “Functional utilization” means the ratio of the student population within a school 25 |
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| 70 | 70 | | facility to the capacity of the school facility to adequately serve students as defined by the school 26 |
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| 71 | 71 | | building authority. 27 |
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| 72 | 72 | | (7) “Maintenance expenditures” means amounts spent for repairs or replacements for the 28 |
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| 73 | 73 | | purpose of keeping a school facility open and safe for use, including repairs, maintenance, and 29 |
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| 74 | 74 | | replacements to a school facility’s heating, lighting, ventilation, security, and other fixtures to keep 30 |
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| 75 | 75 | | the facility or fixtures in effective working condition. Maintenance shall not include contracted or 31 |
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| 76 | 76 | | direct custodial or janitorial services, expenditures for the cleaning of a school facility or its 32 |
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| 77 | 77 | | fixtures, the care and upkeep of grounds, recreational facilities, or parking lots, or the cleaning of 33 |
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| 78 | 78 | | or repairs and replacements to movable furnishings or equipment. 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC001149 - Page 3 of 11 |
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| 82 | 82 | | (8) “Owner’s program manager” means owner’s program manager as defined in § 37-2-7. 1 |
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| 83 | 83 | | (9) “Prime contractor” means the construction contractor who is responsible for the 2 |
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| 84 | 84 | | completion of a project. 3 |
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| 85 | 85 | | (10) “Reference year” means the year next prior to the school year immediately preceding 4 |
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| 86 | 86 | | that in which aid is to be paid. 5 |
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| 87 | 87 | | (11) “Subject to inflation” means the base amount multiplied by the percentage of increase 6 |
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| 88 | 88 | | in the Producer Price Index (PPI) Data for Nonresidential Building Construction (NAICS 236222) 7 |
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| 89 | 89 | | as published by the United States Department of Labor, Bureau of Labor Statistics determined as 8 |
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| 90 | 90 | | of September 30 of the prior calendar year. 9 |
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| 91 | 91 | | (12) “Zero energy capable” means the building: 10 |
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| 92 | 92 | | (i) Meets the latest Northeast Collaborative for High Performance Schools (NE-CHPS) 11 |
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| 93 | 93 | | standard of a zero energy capable school building whereby the actual annual energy delivered other 12 |
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| 94 | 94 | | than as described in subsection (12)(ii) of this section, must be less than or equal to the renewable 13 |
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| 95 | 95 | | energy generated onsite; or 14 |
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| 96 | 96 | | (ii) The actual annual energy delivered must be less than or equal to the sum of: 15 |
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| 97 | 97 | | (A) The renewable energy generated onsite; 16 |
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| 98 | 98 | | (B) The renewable energy generated offsite through a power purchase agreement; and 17 |
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| 99 | 99 | | (C) The value of purchased NE-GIS certificates that meet the standard for a new renewable 18 |
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| 100 | 100 | | energy resources as defined in § 39-26-2. 19 |
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| 101 | 101 | | 16-7-40. Increased school housing ratio. 20 |
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| 102 | 102 | | (a)(1) In the case of regional school districts, the school housing aid ratio shall be increased 21 |
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| 103 | 103 | | by two percent (2%) for each grade so consolidated. 22 |
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| 104 | 104 | | (2) Regional school districts undertaking renovation project(s) shall receive an increased 23 |
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| 105 | 105 | | share ratio of four percent (4%) for those specific project(s) only, in addition to the combined share 24 |
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| 106 | 106 | | ratio calculated in § 16-7-39 and this subsection. 25 |
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| 107 | 107 | | (b) In the case of projects undertaken by districts specifically for the purposes of school 26 |
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| 108 | 108 | | safety and security, the school housing aid share ratio shall be increased by five percent (5%) for 27 |
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| 109 | 109 | | these specific projects only, in the calculation of school housing aid. The increased share ratio shall 28 |
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| 110 | 110 | | continue to be applied for as long as the project(s) receives state housing aid. In order to qualify for 29 |
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| 111 | 111 | | the increased share ratio, seventy-five percent (75%) of the project costs must be specifically 30 |
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| 112 | 112 | | directed to school safety and security measures. The council on elementary and secondary 31 |
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| 113 | 113 | | education shall promulgate rules and regulations for the administration and operation of this 32 |
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| 114 | 114 | | section. 33 |
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| 115 | 115 | | (c) For purposes of addressing health and safety deficiencies as defined by the school 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC001149 - Page 4 of 11 |
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| 119 | 119 | | building authority, including the remediation of hazardous materials, the school housing aid ratio 1 |
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| 120 | 120 | | shall be increased by five percent (5%) so long as the construction of the project commences by 2 |
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| 121 | 121 | | December 30, 2023, is completed by December 30, 2028, and a two hundred fifty million dollar 3 |
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| 122 | 122 | | ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to 4 |
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| 123 | 123 | | qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum 5 |
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| 124 | 124 | | of five hundred thousand dollars ($500,000) must be specifically directed to this purpose. 6 |
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| 125 | 125 | | (d) For purposes of educational enhancement, including projects devoted to the 7 |
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| 126 | 126 | | enhancement of early childhood education and career and technical education, the school housing 8 |
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| 127 | 127 | | aid ratio shall be increased by five percent (5%) so long as construction of the project commences 9 |
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| 128 | 128 | | by December 30, 2023, is completed by December 30, 2028, and a two hundred fifty million dollar 10 |
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| 129 | 129 | | ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to 11 |
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| 130 | 130 | | qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum 12 |
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| 131 | 131 | | of five hundred thousand dollars ($500,000) must be specifically directed to these purposes. 13 |
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| 132 | 132 | | (e) For replacement of a facility that has a facilities condition index of sixty-five percent 14 |
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| 133 | 133 | | (65%) or higher, the school housing ratio shall be increased by five percent (5%) so long as 15 |
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| 134 | 134 | | construction of the project commences by December 30, 2023, is completed by December 30, 2028, 16 |
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| 135 | 135 | | does not receive a bonus pursuant to subsection (f) or subsection (g), and a two hundred fifty million 17 |
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| 136 | 136 | | dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order 18 |
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| 137 | 137 | | to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum 19 |
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| 138 | 138 | | of five hundred thousand dollars ($500,000) must be specifically directed to this purpose. 20 |
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| 139 | 139 | | (f) For any new construction or renovation that increases the functional utilization of any 21 |
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| 140 | 140 | | facility from less than sixty percent (60%) to more than eighty percent (80%), including the 22 |
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| 141 | 141 | | consolidation of school buildings within or across districts, the school housing aid ratio shall be 23 |
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| 142 | 142 | | increased by five percent (5%) so long as construction of the project commences by December 30, 24 |
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| 143 | 143 | | 2023, is completed by December 30, 2028, and a two hundred fifty million dollar ($250,000,000) 25 |
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| 144 | 144 | | general obligation bond is approved on the November 2018 ballot. In order to qualify for the 26 |
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| 145 | 145 | | increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred 27 |
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| 146 | 146 | | thousand dollars ($500,000) must be specifically directed to this purpose. 28 |
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| 147 | 147 | | (g) For any new construction or renovation that decreases the functional utilization of any 29 |
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| 148 | 148 | | facility from more than one hundred twenty percent (120%) to between eighty-five percent (85%) 30 |
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| 149 | 149 | | to one hundred five percent (105%), the school housing ratio shall be increased by five percent 31 |
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| 150 | 150 | | (5%) so long as construction of the project commences by December 30, 2023, is completed by 32 |
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| 151 | 151 | | December 30, 2028, and a two hundred fifty million dollar ($250,000,000) general obligation bond 33 |
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| 152 | 152 | | is approved on the November 2018 ballot. In order to qualify for the increased share ratio, twenty-34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC001149 - Page 5 of 11 |
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| 156 | 156 | | five percent (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000) 1 |
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| 157 | 157 | | must be specifically directed to this purpose. 2 |
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| 158 | 158 | | (h) For consolidation of two (2) or more school buildings, within or across districts into 3 |
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| 159 | 159 | | one school building, the school housing aid ratio shall be increased by five percent (5%) so long as 4 |
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| 160 | 160 | | construction of the project commences by December 30, 2023, is completed by December 30, 2028, 5 |
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| 161 | 161 | | a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the 6 |
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| 162 | 162 | | November 2018 ballot, and does not receive a bonus pursuant to subsection (f) or subsection (g). 7 |
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| 163 | 163 | | In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a 8 |
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| 164 | 164 | | minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose. 9 |
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| 165 | 165 | | (i) Any regionalized and/or non-regionalized school district receiving an increased share 10 |
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| 166 | 166 | | ratio for a project approved prior to July 1, 2018, shall continue to receive the increased share ratio 11 |
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| 167 | 167 | | for as long as the project receives state housing aid. 12 |
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| 168 | 168 | | (j)(1) For any new construction or renovation that includes energy efficiency and 13 |
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| 169 | 169 | | renewable energy upgrades, the school housing aid ratio shall be increased by five percent (5%) so 14 |
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| 170 | 170 | | long as a three hundred million dollar ($300,000,000) general obligation bond is approved on the 15 |
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| 171 | 171 | | November 2022 ballot and does not receive a bonus pursuant to subsection (j)(2) of this section. 16 |
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| 172 | 172 | | (i) In order for new construction to qualify for the increased share ratio: 17 |
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| 173 | 173 | | (A) The project shall achieve a maximum energy use intensity (EUI) of thirty (30) kBtu 18 |
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| 174 | 174 | | per square foot per year; or 19 |
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| 175 | 175 | | (B) Twenty-five percent (25%) of the project costs or a minimum of one million dollars 20 |
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| 176 | 176 | | ($1,000,000) shall be specifically directed to this purpose. 21 |
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| 177 | 177 | | (ii) In order for a renovation to qualify for the increased share ratio: 22 |
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| 178 | 178 | | (A) The project shall achieve a maximum energy use intensity (EUI) of thirty-seven (37) 23 |
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| 179 | 179 | | kBtu per square foot per year; or 24 |
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| 180 | 180 | | (B) Twenty-five percent (25%) of the project costs or a minimum of one million dollars 25 |
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| 181 | 181 | | ($1,000,000) shall be specifically directed to this purpose. 26 |
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| 182 | 182 | | (2) For any new construction or renovation that includes energy efficiency and renewable 27 |
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| 183 | 183 | | energy upgrades for the building to meet the definition of a zero energy capable school building 28 |
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| 184 | 184 | | pursuant to § 16-7-36, the school housing aid ratio shall be increased by ten percent (10%) so long 29 |
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| 185 | 185 | | as a three hundred million dollar ($300,000,000) general obligation bond is approved on the 30 |
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| 186 | 186 | | November 2022 ballot and does not receive a bonus pursuant to subsection (j)(1) of this section. 31 |
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| 187 | 187 | | In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a 32 |
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| 188 | 188 | | minimum of one million dollars ($1,000,000) shall be specifically directed to this purpose. 33 |
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| 189 | 189 | | 16-7-41.1. Eligibility for reimbursement. 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC001149 - Page 6 of 11 |
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| 193 | 193 | | (a) School districts, not municipalities, may apply for and obtain approval for a project 1 |
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| 194 | 194 | | under the necessity of school construction process set forth in the regulations of the council on 2 |
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| 195 | 195 | | elementary and secondary education, provided, however, in the case of a municipality that issues 3 |
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| 196 | 196 | | bonds through the Rhode Island health and educational building corporation to finance or refinance 4 |
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| 197 | 197 | | school facilities for a school district that is not part of the municipality, the municipality may apply 5 |
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| 198 | 198 | | for and obtain approval for a project. Such approval will remain valid until June 30 of the third 6 |
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| 199 | 199 | | fiscal year following the fiscal year in which the council on elementary and secondary education’s 7 |
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| 200 | 200 | | approval is granted. Only those projects undertaken at school facilities under the care and control 8 |
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| 201 | 201 | | of the school committee and located on school property may qualify for reimbursement under §§ 9 |
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| 202 | 202 | | 16-7-35 — 16-7-47. Facilities with combined school and municipal uses or facilities that are 10 |
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| 203 | 203 | | operated jointly with any other profit or nonprofit agency do not qualify for reimbursement under 11 |
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| 204 | 204 | | §§ 16-7-35 — 16-7-47. Projects completed by June 30 of a fiscal year are eligible for 12 |
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| 205 | 205 | | reimbursement in the following fiscal year. A project for new school housing or additional housing 13 |
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| 206 | 206 | | shall be deemed to be completed when the work has been officially accepted by the school 14 |
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| 207 | 207 | | committee or when the housing is occupied for its intended use by the school committee, whichever 15 |
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| 208 | 208 | | is earlier. 16 |
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| 209 | 209 | | (b) Notwithstanding the provisions of this section, the board of regents shall not grant final 17 |
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| 210 | 210 | | approval for any project between June 30, 2011, and May 1, 2015, except for projects that are 18 |
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| 211 | 211 | | necessitated by immediate health and safety reasons. In the event that a project is requested during 19 |
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| 212 | 212 | | the moratorium because of immediate health and safety reasons, those proposals shall be reported 20 |
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| 213 | 213 | | to the chairs of the house and senate finance committees. 21 |
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| 214 | 214 | | (c) Any project approval granted prior to the adoption of the school construction 22 |
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| 215 | 215 | | regulations in 2007, and which are currently inactive; and any project approval granted prior to the 23 |
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| 216 | 216 | | adoption of the school construction regulations in 2007 which did not receive voter approval or 24 |
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| 217 | 217 | | which has not been previously financed, are no longer eligible for reimbursement under this 25 |
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| 218 | 218 | | chapter. The department of elementary and secondary education shall develop recommendations 26 |
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| 219 | 219 | | for further cost containment strategies in the school housing aid program. 27 |
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| 220 | 220 | | (d) Beginning July 1, 2015, the council on elementary and secondary education shall 28 |
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| 221 | 221 | | approve new necessity of school construction applications on an annual basis. The department of 29 |
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| 222 | 222 | | elementary and secondary education shall develop an annual application timeline for local 30 |
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| 223 | 223 | | education agencies seeking new necessity of school construction approvals. 31 |
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| 224 | 224 | | (e) Beginning July 1, 2019, no state funding shall be provided for projects in excess of ten 32 |
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| 225 | 225 | | million dollars ($10,000,000) unless the prime contractor for the project has received 33 |
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| 226 | 226 | | prequalification from the school building authority. 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC001149 - Page 7 of 11 |
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| 230 | 230 | | (f) Beginning July 1, 2019, the necessity of school construction process set forth in the 1 |
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| 231 | 231 | | regulations of the council on elementary and secondary education shall include a single statewide 2 |
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| 232 | 232 | | process, developed with the consultation of the department of environmental management, that will 3 |
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| 233 | 233 | | ensure community involvement throughout the investigation and remediation of contaminated 4 |
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| 234 | 234 | | building sites for possible reuse as the location of a school. That process will fulfill all provisions 5 |
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| 235 | 235 | | of § 23-19.14-5 related to the investigation of reuse of such sites for schools. 6 |
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| 236 | 236 | | (g) Beginning July 1, 2019, school housing projects exceeding one million five hundred 7 |
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| 237 | 237 | | thousand dollars ($1,500,000) subject to inflation shall include an owner’s program manager and a 8 |
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| 238 | 238 | | commissioning agent. The cost of the program manager and commissioning agent shall be 9 |
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| 239 | 239 | | considered a project cost eligible for aid pursuant to §§ 16-7-41 and 16-105-5. 10 |
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| 240 | 240 | | (h) Temporary housing, or swing space, for students shall be a reimbursable expense so 11 |
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| 241 | 241 | | long as a district can demonstrate that no other viable option to temporarily house students exists 12 |
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| 242 | 242 | | and provided that use of the temporary space is time limited for a period not to exceed twenty-four 13 |
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| 243 | 243 | | (24) months and tied to a specific construction project. 14 |
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| 244 | 244 | | (i) Environmental site remediation, as defined by the school building authority, shall be a 15 |
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| 245 | 245 | | reimbursable expense up to one million dollars ($1,000,000) per project. 16 |
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| 246 | 246 | | (j) If, within thirty (30) years of construction, a newly constructed school is sold to a private 17 |
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| 247 | 247 | | entity, the state shall receive a portion of the sale proceeds equal to that project’s housing aid 18 |
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| 248 | 248 | | reimbursement rate at the time of project completion. 19 |
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| 249 | 249 | | (k) All projects must comply with § 37-13-6, ensuring that prevailing wage laws are being 20 |
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| 250 | 250 | | followed, and § 37-14.1-6, ensuring that minority business enterprises reach a minimum of ten 21 |
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| 251 | 251 | | percent (10%) of the dollar value of the bid, and § 37-13-3.1, ensuring apprenticeship program 22 |
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| 252 | 252 | | utilization. 23 |
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| 253 | 253 | | (l) Using reviewable criteria, all projects seeking school housing aid shall complete an 24 |
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| 254 | 254 | | independent, objective, reasoned study on all projects over ten million dollars ($10,000,000) to 25 |
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| 255 | 255 | | determine whether adoption of a project labor agreement on the proposed project or projects will 26 |
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| 256 | 256 | | help achieve the goals of the state purchases act. 27 |
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| 257 | 257 | | SECTION 3. Section 16-105-3 of the General Laws in Chapter 16-105 entitled "School 28 |
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| 258 | 258 | | Building Authority" is hereby amended to read as follows: 29 |
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| 259 | 259 | | 16-105-3. Roles and responsibilities. 30 |
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| 260 | 260 | | The school building authority roles and responsibilities shall include: 31 |
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| 261 | 261 | | (1) Management of a system with the goal of ensuring equitable and adequate school 32 |
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| 262 | 262 | | housing for all public school children in the state; 33 |
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| 263 | 263 | | (2) Prevention of the cost of school housing from interfering with the effective operation 34 |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | LC001149 - Page 8 of 11 |
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| 267 | 267 | | of the schools; 1 |
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| 268 | 268 | | (3) Management of school housing aid in accordance with statute; 2 |
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| 269 | 269 | | (4) Reviewing and making recommendations to the council on elementary and secondary 3 |
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| 270 | 270 | | education on necessity of school construction applications for state school housing aid and the 4 |
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| 271 | 271 | | school building authority capital fund, based on the recommendations of the school building 5 |
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| 272 | 272 | | authority advisory board; 6 |
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| 273 | 273 | | (5) Promulgating, managing, and maintaining school construction regulations, standards, 7 |
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| 274 | 274 | | and guidelines applicable to the school housing program, based on the recommendations of the 8 |
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| 275 | 275 | | school building authority advisory board, created in § 16-105-8. Said regulations shall require 9 |
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| 276 | 276 | | conformance with the minority business enterprise requirements set forth in § 37-14.1-6 and with 10 |
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| 277 | 277 | | the latest Northeast Collaborative for High Performance Schools (NE-CHPS) standards or 11 |
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| 278 | 278 | | equivalent, contingent on approval from the council on elementary and secondary education; 12 |
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| 279 | 279 | | (6) Developing a prequalification and review process for prime contractors, architects, and 13 |
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| 280 | 280 | | engineers seeking to bid on projects in excess of ten million dollars ($10,000,000) in total costs 14 |
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| 281 | 281 | | subject to inflation. Notwithstanding any general laws to the contrary, a prequalification shall be 15 |
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| 282 | 282 | | valid for a maximum of two (2) years from the date of issuance. Factors to be considered by the 16 |
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| 283 | 283 | | school building authority in granting a prequalification to prime contractors shall include, but not 17 |
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| 284 | 284 | | be limited to, the contractor’s history of completing complex projects on time and on budget, track 18 |
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| 285 | 285 | | record of compliance with applicable environmental and safety regulations, evidence that 19 |
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| 286 | 286 | | completed prior projects prioritized the facility’s future maintainability, and compliance with 20 |
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| 287 | 287 | | applicable requirements for the use of women and minority owned subcontractors; 21 |
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| 288 | 288 | | (i) At least annually, a list of prequalified contractors, architects, and engineers shall be 22 |
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| 289 | 289 | | publicly posted with all other program information; 23 |
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| 290 | 290 | | (7) Providing technical assistance and guidance to school districts on the necessity of 24 |
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| 291 | 291 | | school construction application process; 25 |
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| 292 | 292 | | (8) Providing technical advice and assistance, training, and education to cities, towns, 26 |
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| 293 | 293 | | and/or local education agencies and to general contractors, subcontractors, construction or project 27 |
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| 294 | 294 | | managers, designers and others in planning, maintenance, and establishment of school facility 28 |
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| 295 | 295 | | space; 29 |
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| 296 | 296 | | (9) Developing a project priority system, based on the recommendations of the school 30 |
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| 297 | 297 | | building authority advisory board, in accordance with school construction regulations for the school 31 |
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| 298 | 298 | | building authority capital fund, subject to review and, if necessary, to be revised on intervals not to 32 |
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| 299 | 299 | | exceed five (5) years. Project priorities shall include, but not be limited to, the following order of 33 |
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| 300 | 300 | | priorities: 34 |
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| 301 | 301 | | |
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| 302 | 302 | | |
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| 303 | 303 | | LC001149 - Page 9 of 11 |
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| 304 | 304 | | (i) Projects to replace or renovate a building that is structurally unsound or otherwise in a 1 |
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| 305 | 305 | | condition seriously jeopardizing the health and safety of school children where no alternative exists; 2 |
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| 306 | 306 | | (ii) Projects needed to prevent loss of accreditation; 3 |
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| 307 | 307 | | (iii) Projects needed for the replacement, renovation, or modernization of the HVAC 4 |
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| 308 | 308 | | system in any schoolhouse to increase energy conservation and decrease energy-related costs in 5 |
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| 309 | 309 | | said schoolhouse; 6 |
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| 310 | 310 | | (iv) Projects needed to replace or add to obsolete buildings in order to provide for a full 7 |
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| 311 | 311 | | range of programs consistent with state and approved local requirements; and 8 |
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| 312 | 312 | | (v) Projects needed to comply with mandatory, instructional programs; 9 |
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| 313 | 313 | | (10) Maintaining a current list of requested school projects and the priority given them; 10 |
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| 314 | 314 | | (11) Collecting and maintaining readily available data on all the public school facilities in 11 |
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| 315 | 315 | | the state; 12 |
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| 316 | 316 | | (12) Collecting, maintaining, and making publicly available quarterly progress reports of 13 |
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| 317 | 317 | | all ongoing school construction projects that shall include, at a minimum, the costs of the project 14 |
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| 318 | 318 | | and the time schedule of the project; 15 |
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| 319 | 319 | | (13) Recommending policies and procedures designed to reduce borrowing for school 16 |
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| 320 | 320 | | construction programs at both state and local levels; 17 |
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| 321 | 321 | | (14) At least every five (5) years, conducting a needs survey to ascertain the capital 18 |
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| 322 | 322 | | construction, reconstruction, maintenance, and other capital needs for schools in each district of the 19 |
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| 323 | 323 | | state, including public charter schools. Beginning in 2023, this needs survey shall include progress 20 |
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| 324 | 324 | | towards and recommendations for energy efficiency and renewable energy upgrades to bring all 21 |
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| 325 | 325 | | state school buildings to the definition of a zero energy capable school building pursuant to § 16-22 |
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| 326 | 326 | | 7-36; 23 |
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| 327 | 327 | | (15) Developing a formal enrollment projection model or using projection models already 24 |
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| 328 | 328 | | available; 25 |
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| 329 | 329 | | (16) Encouraging local education agencies to investigate opportunities for the maximum 26 |
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| 330 | 330 | | utilization of space in and around the district; 27 |
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| 331 | 331 | | (17) Collecting and maintaining a clearinghouse of prototypical school plans that may be 28 |
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| 332 | 332 | | consulted by eligible applicants; 29 |
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| 333 | 333 | | (18) Retaining the services of consultants, as necessary, to effectuate the roles and 30 |
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| 334 | 334 | | responsibilities listed within this section; 31 |
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| 335 | 335 | | (19) Hiring an appropriate staff member who shall create and implement a plan to bring all 32 |
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| 336 | 336 | | state school buildings in compliance with the definition of a zero energy capable school building 33 |
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| 337 | 337 | | pursuant to § 16-7-36 and who shall provide technical advice and assistance, training, and education 34 |
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| 338 | 338 | | |
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| 339 | 339 | | |
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| 340 | 340 | | LC001149 - Page 10 of 11 |
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| 341 | 341 | | to cities, towns, and/or local education agencies, and to general contractors, subcontractors, 1 |
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| 342 | 342 | | construction or project managers, designers and others on the latest NE-CHPS standards; 2 |
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| 343 | 343 | | (19)(20) No district shall receive a combined total of more than twenty (20) incentive 3 |
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| 344 | 344 | | percentage points for projects that commence construction by December 30, 2023, and five (5) 4 |
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| 345 | 345 | | incentive points for projects that commence construction thereafter; provided further, these caps 5 |
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| 346 | 346 | | shall be in addition to amounts received under §§ 16-7-40(a)(1), and 16-7-40(a)(2), 16-7-40(j)(1), 6 |
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| 347 | 347 | | and 16-7-40(j)(2). Furthermore, a district’s share shall not be decreased by more than half of its 7 |
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| 348 | 348 | | regular share irrespective of the number of incentive points received, nor shall a district’s state 8 |
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| 349 | 349 | | share increase by more than half of its regular share, including amounts received under §§ 16-7-9 |
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| 350 | 350 | | 40(a)(1) and 16-7-40(a)(2), irrespective of the number of incentive points received. 10 |
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| 351 | 351 | | Notwithstanding any provision of the general laws to the contrary, the reimbursement or aid 11 |
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| 352 | 352 | | received under this chapter or chapter 38.2 of title 45 shall not exceed one hundred percent (100%) 12 |
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| 353 | 353 | | of the sum of the total project costs plus interest costs. If a two hundred and fifty million dollar 13 |
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| 354 | 354 | | ($250,000,000) general obligation bond is approved on the November 2018 ballot, projects 14 |
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| 355 | 355 | | approved between May 1, 2015, and January 1, 2018, are eligible to receive incentive points (above 15 |
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| 356 | 356 | | and beyond what the project was awarded at the time of approval) pursuant to § 16-7-39 and § 16-16 |
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| 357 | 357 | | 7-40. Provided, however, any project approved during this time period with a project cost in excess 17 |
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| 358 | 358 | | of one million five hundred thousand dollars ($1,500,000), which does not include an owner’s 18 |
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| 359 | 359 | | program manager and a commissioning agent, shall only be eligible to receive five (5) incentive 19 |
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| 360 | 360 | | points. Incentive points awarded pursuant to the provisions of this subsection shall only be applied 20 |
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| 361 | 361 | | to reimbursements occurring on or after July 1, 2018. Any project approved between May 1, 2015, 21 |
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| 362 | 362 | | and January 1, 2018, that is withdrawn and/or resubmitted for approval shall not be eligible for any 22 |
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| 363 | 363 | | incentive points. 23 |
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| 364 | 364 | | SECTION 4. This act shall take effect upon passage. 24 |
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| 365 | 365 | | ======== |
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| 366 | 366 | | LC001149 |
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| 367 | 367 | | ======== |
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| 368 | 368 | | |
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| 369 | 369 | | |
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| 370 | 370 | | LC001149 - Page 11 of 11 |
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| 371 | 371 | | EXPLANATION |
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| 372 | 372 | | BY THE LEGISLATIVE COUNCIL |
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| 373 | 373 | | OF |
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| 374 | 374 | | A N A C T |
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| 375 | 375 | | RELATING TO EDUCATION -- SCHOOL FUNDS AND PROPERTY |
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| 376 | 376 | | *** |
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| 377 | 377 | | This act would provide that not later than December 31, 2023, the department of education 1 |
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| 378 | 378 | | would develop and adopt, in consultation with the office of energy resources, regulations requiring 2 |
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| 379 | 379 | | all school buildings to meet the standard of zero energy capable, as defined in § 16-7-36, by 3 |
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| 380 | 380 | | December 31, 2035. 4 |
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| 381 | 381 | | This act would take effect upon passage. 5 |
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| 382 | 382 | | ======== |
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| 383 | 383 | | LC001149 |
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| 384 | 384 | | ======== |
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| 385 | 385 | | |
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