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Rhode Island Senate Bill S0035

Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0035 Compare Versions

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55 2025 -- S 0035
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77 LC000592
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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO EDUCATION -- SCHOOL FUNDS AND PROPERTY
1616 Introduced By: Senators Pearson, Valverde, DiMario, Euer, and DiPalma
1717 Date Introduced: January 23, 2025
1818 Referred To: Senate Finance
1919
2020
2121 It is enacted by the General Assembly as follows:
2222 SECTION 1. Chapter 16-9 of the General Laws entitled "School Funds and Property" is 1
2323 hereby amended by adding thereto the following section: 2
2424 16-9-11. New school construction and renovations. 3
2525 Not later than June 30, 2026, the department of education and the office of energy resources 4
2626 are hereby authorized and directed to develop and adopt regulations requiring all school buildings 5
2727 to meet the latest Northeast Collaborative for High Performance Schools (NE-CHPS) standard of 6
2828 zero energy capable, as required by 200-RICR-20-05-04.5.1B, and defined in § 16-7-36, by 7
2929 December 31, 2037. 8
3030 (1) The regulations shall allow flexibility to the furthest extent possible for local education 9
3131 agencies to pursue state and federal funding sources that assist in financing energy efficiency or 10
3232 renewable energy systems without any penalties or reduction in state housing aid provided by the 11
3333 department of education. 12
3434 (2) Furthermore, for local education agencies that pursue federal funding for renewable 13
3535 energy systems, the department’s regulations shall direct and provide further guidance to local 14
3636 education agencies to build, own, and operate solar panels utilizing federal guidance established in 15
3737 the Internal Revenue Code, 26 U.S.C. § 6417. 16
3838 SECTION 2. Sections 16-7-36, 16-7-39, 16-7-40 and 16-7-41.1 of the General Laws in 17
3939 Chapter 16-7 entitled "Foundation Level School Support [See Title 16 Chapter 97 — The Rhode 18
4040 Island Board of Education Act]" are hereby amended to read as follows: 19
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4444 16-7-36. Definitions. 1
4545 The following words and phrases used in §§ 16-7-35 to 16-7-47 and in § 16-9-11 have the 2
4646 following meanings: 3
4747 (1) “Adjusted equalized weighted assessed valuation” means the equalized weighted 4
4848 assessed valuation for a community as determined by the division of property valuation within the 5
4949 department of revenue in accordance with § 16-7-21; provided, however, that in the case of a 6
5050 regional school district the commissioner of elementary and secondary education shall apportion 7
5151 the adjusted equalized weighted assessed valuation of the member cities or towns among the 8
5252 regional school district and the member cities or towns according to the proportion that the number 9
5353 of pupils of the regional school district bears to the number of pupils of the member cities or towns. 10
5454 (2) “Approved project” means a project which has complied with the administrative 11
5555 regulations governing §§ 16-7-35 through 16-7-47, and which has been authorized to receive state 12
5656 school housing reimbursement by the commissioner of elementary and secondary education. 13
5757 (3) “Commissioning agent” means a person or entity who ensures that systems are 14
5858 designed, installed, functionally tested, and capable of being operated and maintained to perform 15
5959 in conformity with the design intent of a project. 16
6060 (4) “Community” means any city, town, or regional school district established pursuant to 17
6161 law; provided, however, that the member towns of the Chariho regional high school district, created 18
6262 by P.L. 1958, ch. 55, as amended, shall constitute separate and individual communities for the 19
6363 purposes of distributing the foundation level school support for school housing for all grades 20
6464 financed in whole or in part by the towns irrespective of any regionalization. 21
6565 (5) “Facilities condition index” means the cost to fully repair the building divided by the 22
6666 cost to replace the building as determined by the school building authority. 23
6767 (6) “Functional utilization” means the ratio of the student population within a school 24
6868 facility to the capacity of the school facility to adequately serve students as defined by the school 25
6969 building authority. 26
7070 (7) “Maintenance expenditures” means amounts spent for repairs or replacements for the 27
7171 purpose of keeping a school facility open and safe for use, including repairs, maintenance, and 28
7272 replacements to a school facility’s heating, lighting, ventilation, security, and other fixtures to keep 29
7373 the facility or fixtures in effective working condition. Maintenance shall not include contracted or 30
7474 direct custodial or janitorial services, expenditures for the cleaning of a school facility or its 31
7575 fixtures, the care and upkeep of grounds, recreational facilities, or parking lots, or the cleaning of 32
7676 or repairs and replacements to movable furnishings or equipment. 33
7777 (8) “Owner’s program manager” means owner’s program manager as defined in § 37-2-7. 34
7878
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8181 (9) “Prime contractor” means the construction contractor who is responsible for the 1
8282 completion of a project. 2
8383 (10) “Reference year” means the year next prior to the school year immediately preceding 3
8484 that in which aid is to be paid. 4
8585 (11) “Subject to inflation” means the base amount multiplied by the percentage of increase 5
8686 in the Producer Price Index (PPI) Data for Nonresidential Building Construction (NAICS 236222) 6
8787 as published by the United States Department of Labor, Bureau of Labor Statistics determined as 7
8888 of September 30 of the prior calendar year. 8
8989 (12) "Zero energy capable" means the building: 9
9090 (i) Meets the latest Northeast Collaborative for High Performance Schools (NE-CHPS) 10
9191 standard of a zero energy capable school building whereby the actual annual energy delivered other 11
9292 than as described in subsection (12)(ii) of this section, must be less than or equal to the renewable 12
9393 energy generated onsite; or 13
9494 (ii) The actual annual energy delivered must be less than or equal to the sum of: 14
9595 (A) The renewable energy generated onsite; 15
9696 (B) The renewable energy generated offsite through a power purchase agreement; and 16
9797 (C) The value of purchased NE-GIS certificates that meet the standard for a new renewable 17
9898 energy resources as defined in § 39-26-2. 18
9999 16-7-39. Computation of school housing-aid ratio. 19
100100 For each community, the percent of state aid for school housing costs shall be computed in 20
101101 the following manner: 21
102102 (1) The adjusted equalized weighted assessed valuation for the district is divided by the 22
103103 resident average daily membership for the district (grades twelve (12) and below); (2) The adjusted 23
104104 equalized weighted assessed valuation for the state is divided by the resident average daily 24
105105 membership for the state (grades twelve (12) and below); (1) is then divided by (2) and the resultant 25
106106 ratio is multiplied by a factor currently set at sixty-two percent (62%) which represents the 26
107107 approximate average district share of school support; the resulting product is then subtracted from 27
108108 one hundred percent (100%) to yield the housing aid share ratio, provided that in no case shall the 28
109109 ratio be less than thirty percent (30%). Provided, that effective July 1, 2010, and annually at the 29
110110 start of each fiscal year thereafter, the thirty percent (30%) floor on said housing-aid share shall be 30
111111 increased by five percent (5%) increments each year until said floor on the housing-aid share ratio 31
112112 reaches a minimum of not less than forty percent (40%). This provision shall apply only to school 32
113113 housing projects completed after June 30, 2010, that received approval from the board of regents 33
114114 prior to June 30, 2012. Provided further, for the fiscal year beginning July 1, 2012, and for 34
115115
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118118 subsequent fiscal years, the minimum housing aid share shall be thirty-five percent (35%) for all 1
119119 projects receiving council on elementary and secondary education approval after June 30, 2012. 2
120120 The resident average daily membership shall be determined in accordance with § 16-7-22(1). 3
121121 (2) No district shall receive a combined total of more than twenty (20) incentive percentage 4
122122 points for projects that commence construction by June 30, 2024, and five (5) incentive points for 5
123123 projects that commence construction thereafter; provided further, these caps shall be in addition to 6
124124 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).. 7
125125 Furthermore, a district’s share shall not be decreased by more than half of its regular share 8
126126 irrespective of the number of incentive points received nor shall a district’s state share increase by 9
127127 more than half of its regular share, including amounts received under §§ 16-7-40(a)(1) and 16-7-10
128128 40(a)(2), irrespective of the number of incentive points received. Provided further that the 11
129129 aforementioned limit on the state share increasing by more than half of its regular share shall not 12
130130 apply to projects submitted for reimbursement after July 1, 2023. 13
131131 16-7-40. Increased school housing ratio. 14
132132 (a)(1) In the case of regional school districts, the school housing aid ratio shall be increased 15
133133 by two percent (2%) for each grade so consolidated. 16
134134 (2) Regional school districts undertaking renovation project(s) shall receive an increased 17
135135 share ratio of four percent (4%) for those specific project(s) only, in addition to the combined share 18
136136 ratio calculated in § 16-7-39 and this subsection. 19
137137 (b) In the case of projects undertaken by districts specifically for the purposes of school 20
138138 safety and security, the school housing aid share ratio shall be increased by five percent (5%) for 21
139139 these specific projects only, in the calculation of school housing aid. The increased share ratio shall 22
140140 continue to be applied for as long as the project(s) receives state housing aid. In order to qualify for 23
141141 the increased share ratio, seventy-five percent (75%) of the project costs must be specifically 24
142142 directed to school safety and security measures. The council on elementary and secondary 25
143143 education shall promulgate rules and regulations for the administration and operation of this 26
144144 section. 27
145145 (c) For purposes of addressing health and safety deficiencies as defined by the school 28
146146 building authority, including the remediation of hazardous materials, the school housing aid ratio 29
147147 shall be increased by five percent (5%) so long as the construction of the project commences by 30
148148 June 30, 2024, is completed by June 30, 2029, and a two hundred fifty million dollar ($250,000,000) 31
149149 general obligation bond is approved on the November 2018 ballot. In order to qualify for the 32
150150 increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred 33
151151 thousand dollars ($500,000) must be specifically directed to this purpose. 34
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155155 (d) For purposes of educational enhancement, including projects devoted to the 1
156156 enhancement of early childhood education and career and technical education, the school housing 2
157157 aid ratio shall be increased by five percent (5%) so long as construction of the project commences 3
158158 by June 30, 2024, is completed by June 30, 2029, and a two hundred fifty million dollar 4
159159 ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to 5
160160 qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum 6
161161 of five hundred thousand dollars ($500,000) must be specifically directed to these purposes. 7
162162 (e) For replacement of a facility that has a facilities condition index of sixty-five percent 8
163163 (65%) or higher, the school housing ratio shall be increased by five percent (5%) so long as 9
164164 construction of the project commences by June 30, 2024, is completed by June 30, 2029, does not 10
165165 receive a bonus pursuant to subsection (f) or subsection (g), and a two hundred fifty million dollar 11
166166 ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to 12
167167 qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum 13
168168 of five hundred thousand dollars ($500,000) must be specifically directed to this purpose. 14
169169 (f) For any new construction or renovation that increases the functional utilization of any 15
170170 facility from less than sixty percent (60%) to more than eighty percent (80%), including the 16
171171 consolidation of school buildings within or across districts, the school housing aid ratio shall be 17
172172 increased by five percent (5%) so long as construction of the project commences by June 30, 2024, 18
173173 is completed by June 30, 2029, and a two hundred fifty million dollar ($250,000,000) general 19
174174 obligation bond is approved on the November 2018 ballot. In order to qualify for the increased 20
175175 share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred thousand 21
176176 dollars ($500,000) must be specifically directed to this purpose. 22
177177 (g) For any new construction or renovation that decreases the functional utilization of any 23
178178 facility from more than one hundred twenty percent (120%) to between eighty-five percent (85%) 24
179179 to one hundred five percent (105%), the school housing ratio shall be increased by five percent 25
180180 (5%) so long as construction of the project commences by June 30, 2024, is completed by June 30, 26
181181 2029, and a two hundred fifty million dollar ($250,000,000) general obligation bond is approved 27
182182 on the November 2018 ballot. In order to qualify for the increased share ratio, twenty-five percent 28
183183 (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000) must be 29
184184 specifically directed to this purpose. 30
185185 (h) For consolidation of two (2) or more school buildings, within or across districts into 31
186186 one school building, the school housing aid ratio shall be increased by five percent (5%) so long as 32
187187 construction of the project commences by June 30, 2024, is completed by June 30, 2029, a two 33
188188 hundred fifty million dollar ($250,000,000) general obligation bond is approved on the November 34
189189
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192192 2018 ballot, and does not receive a bonus pursuant to subsection (f) or subsection (g). In order to 1
193193 qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum 2
194194 of five hundred thousand dollars ($500,000) must be specifically directed to this purpose. 3
195195 (i) Any regionalized and/or non-regionalized school district receiving an increased share 4
196196 ratio for a project approved prior to July 1, 2018, shall continue to receive the increased share ratio 5
197197 for as long as the project receives state housing aid. 6
198198 (j)(1) In the case of projects undertaken by districts specifically for the purposes of high-7
199199 performance school design, the school housing aid share ratio shall be increased by five percent 8
200200 (5%) for these specific projects only, in the calculation of school housing aid. The increased share 9
201201 ratio shall continue to be applied for as long as the project(s) receives state housing aid. In order to 10
202202 qualify for the increased share ratio, seventy-five percent (75%) of the project costs shall be 11
203203 specifically directed to this purpose. The council on elementary and secondary education shall 12
204204 promulgate rules and regulations for the administration and operation of this section. 13
205205 (2) For any new construction or renovation that includes energy efficiency and renewable 14
206206 energy upgrades for the building to meet the standard of zero energy capable school building 15
207207 pursuant to § 16-7-36(12), the school housing aid ratio shall be increased by ten percent (10%). 16
208208 16-7-41.1. Eligibility for reimbursement. 17
209209 (a) School districts, not municipalities, may apply for and obtain approval for a project 18
210210 under the necessity of school construction process set forth in the regulations of the council on 19
211211 elementary and secondary education, provided, however, in the case of a municipality that issues 20
212212 bonds through the Rhode Island health and educational building corporation to finance or refinance 21
213213 school facilities for a school district that is not part of the municipality, the municipality may apply 22
214214 for and obtain approval for a project. Such approval will remain valid until June 30 of the third 23
215215 fiscal year following the fiscal year in which the council on elementary and secondary education’s 24
216216 approval is granted. Only those projects undertaken at school facilities under the care and control 25
217217 of the school committee and located on school property may qualify for reimbursement under §§ 26
218218 16-7-35 — 16-7-47. Facilities with combined school and municipal uses or facilities that are 27
219219 operated jointly with any other profit or nonprofit agency do not qualify for reimbursement under 28
220220 §§ 16-7-35 — 16-7-47. Projects completed by June 30 of a fiscal year are eligible for 29
221221 reimbursement in the following fiscal year. A project for new school housing or additional housing 30
222222 shall be deemed to be completed when the work has been officially accepted by the school 31
223223 committee or when the housing is occupied for its intended use by the school committee, whichever 32
224224 is earlier. 33
225225 (b) Notwithstanding the provisions of this section, the board of regents shall not grant final 34
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229229 approval for any project between June 30, 2011, and May 1, 2015, except for projects that are 1
230230 necessitated by immediate health and safety reasons. In the event that a project is requested during 2
231231 the moratorium because of immediate health and safety reasons, those proposals shall be reported 3
232232 to the chairs of the house and senate finance committees. 4
233233 (c) Any project approval granted prior to the adoption of the school construction 5
234234 regulations in 2007, and which are currently inactive; and any project approval granted prior to the 6
235235 adoption of the school construction regulations in 2007 which did not receive voter approval or 7
236236 which has not been previously financed, are no longer eligible for reimbursement under this 8
237237 chapter. The department of elementary and secondary education shall develop recommendations 9
238238 for further cost containment strategies in the school housing aid program. 10
239239 (d) Beginning July 1, 2015, the council on elementary and secondary education shall 11
240240 approve new necessity of school construction applications on an annual basis. The department of 12
241241 elementary and secondary education shall develop an annual application timeline for local 13
242242 education agencies seeking new necessity of school construction approvals. 14
243243 (e) Beginning July 1, 2019, no state funding shall be provided for projects in excess of ten 15
244244 million dollars ($10,000,000) unless the prime contractor for the project has received 16
245245 prequalification from the school building authority. 17
246246 (f) Beginning July 1, 2019, the necessity of school construction process set forth in the 18
247247 regulations of the council on elementary and secondary education shall include a single statewide 19
248248 process, developed with the consultation of the department of environmental management, that will 20
249249 ensure community involvement throughout the investigation and remediation of contaminated 21
250250 building sites for possible reuse as the location of a school. That process will fulfill all provisions 22
251251 of § 23-19.14-5 related to the investigation of reuse of such sites for schools. 23
252252 (g) Beginning July 1, 2019, school housing projects exceeding one million five hundred 24
253253 thousand dollars ($1,500,000) subject to inflation shall include an owner’s program manager and a 25
254254 commissioning agent. The cost of the program manager and commissioning agent shall be 26
255255 considered a project cost eligible for aid pursuant to §§ 16-7-41 and 16-105-5. 27
256256 (h) Temporary housing, or swing space, for students shall be a reimbursable expense so 28
257257 long as a district can demonstrate that no other viable option to temporarily house students exists 29
258258 and provided that use of the temporary space is time limited for a period not to exceed twenty-four 30
259259 (24) months and tied to a specific construction project. 31
260260 (i) Environmental site remediation, as defined by the school building authority, shall be a 32
261261 reimbursable expense up to one million dollars ($1,000,000) per project. 33
262262 (j) If, within thirty (30) years of construction, a newly constructed school is sold to a private 34
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266266 entity, the state shall receive a portion of the sale proceeds equal to that project’s housing aid 1
267267 reimbursement rate at the time of project completion. 2
268268 (k) All projects must comply with § 37-13-6, ensuring that prevailing wage laws are being 3
269269 followed, and § 37-14.1-6, ensuring that minority business enterprises reach the required minimum 4
270270 participation, and § 37-13-3.1, ensuring apprenticeship program utilization. 5
271271 (l) Using reviewable criteria, all projects seeking school housing aid shall complete an 6
272272 independent, objective, reasoned study on all projects over ten million dollars ($10,000,000) to 7
273273 determine whether adoption of a project labor agreement on the proposed project or projects will 8
274274 help achieve the goals of the state purchases act. 9
275275 SECTION 3. Section 16-105-3 of the General Laws in Chapter 16-105 entitled "School 10
276276 Building Authority" is hereby amended to read as follows: 11
277277 16-105-3. Roles and responsibilities. 12
278278 The school building authority roles and responsibilities shall include: 13
279279 (1) Management of a system with the goal of ensuring equitable and adequate school 14
280280 housing for all public school children in the state; 15
281281 (2) Prevention of the cost of school housing from interfering with the effective operation 16
282282 of the schools; 17
283283 (3) Management of school housing aid in accordance with statute; 18
284284 (4) Reviewing and making recommendations to the council on elementary and secondary 19
285285 education on necessity of school construction applications for state school housing aid and the 20
286286 school building authority capital fund, based on the recommendations of the school building 21
287287 authority advisory board; 22
288288 (5) Promulgating, managing, and maintaining school construction regulations, standards, 23
289289 and guidelines applicable to the school housing program, based on the recommendations of the 24
290290 school building authority advisory board, created in § 16-105-8. Said regulations shall require 25
291291 conformance with the minority business enterprise requirements set forth in § 37-14.1-6 and with 26
292292 the latest Northeast Collaborative for High Performance Schools (NE-CHPS) standards or 27
293293 equivalent, contingent on approval from the council on elementary and secondary education; 28
294294 (6) Developing a prequalification and review process for prime contractors, architects, and 29
295295 engineers seeking to bid on projects in excess of ten million dollars ($10,000,000) in total costs 30
296296 subject to inflation. Notwithstanding any general laws to the contrary, a prequalification shall be 31
297297 valid for a maximum of two (2) years from the date of issuance. Factors to be considered by the 32
298298 school building authority in granting a prequalification to prime contractors shall include, but not 33
299299 be limited to, the contractor’s history of completing complex projects on time and on budget, track 34
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303303 record of compliance with applicable environmental and safety regulations, evidence that 1
304304 completed prior projects prioritized the facility’s future maintainability, and compliance with 2
305305 applicable requirements for the use of women and minority owned subcontractors; 3
306306 (i) At least annually, a list of prequalified contractors, architects, and engineers shall be 4
307307 publicly posted with all other program information; 5
308308 (7) Providing technical assistance and guidance to school districts on the necessity of 6
309309 school construction application process; 7
310310 (8) Providing technical advice and assistance, training, and education to cities, towns, 8
311311 and/or local education agencies and to general contractors, subcontractors, construction or project 9
312312 managers, designers and others in planning, maintenance, and establishment of school facility 10
313313 space; 11
314314 (9) Developing a project priority system, based on the recommendations of the school 12
315315 building authority advisory board, in accordance with school construction regulations for the school 13
316316 building authority capital fund, subject to review and, if necessary, to be revised on intervals not to 14
317317 exceed five (5) years. Project priorities shall include, but not be limited to, the following order of 15
318318 priorities: 16
319319 (i) Projects to replace or renovate a building that is structurally unsound or otherwise in a 17
320320 condition seriously jeopardizing the health and safety of school children where no alternative exists; 18
321321 (ii) Projects needed to prevent loss of accreditation; 19
322322 (iii) Projects needed for the replacement, renovation, or modernization of the HVAC 20
323323 system in any schoolhouse to increase energy conservation and decrease energy-related costs in 21
324324 said schoolhouse; 22
325325 (iv) Projects needed to replace or add to obsolete buildings in order to provide for a full 23
326326 range of programs consistent with state and approved local requirements; and 24
327327 (v) Projects needed to comply with mandatory, instructional programs; 25
328328 (10) Maintaining a current list of requested school projects and the priority given them; 26
329329 (11) Collecting and maintaining readily available data on all the public school facilities in 27
330330 the state; 28
331331 (12) Collecting, maintaining, and making publicly available quarterly progress reports of 29
332332 all ongoing school construction projects that shall include, at a minimum, the costs of the project 30
333333 and the time schedule of the project; 31
334334 (13) Recommending policies and procedures designed to reduce borrowing for school 32
335335 construction programs at both state and local levels; 33
336336 (14) At least every five (5) years, conducting a needs survey to ascertain the capital 34
337337
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340340 construction, reconstruction, maintenance, and other capital needs for schools in each district of the 1
341341 state, including public charter schools. Beginning in 2025, this needs survey shall include progress 2
342342 towards and recommendations for energy efficiency and renewable energy upgrades to bring all 3
343343 state school buildings to the definition of a zero energy capable school building pursuant to § 16-4
344344 7-36; 5
345345 (15) Developing a formal enrollment projection model or using projection models already 6
346346 available; 7
347347 (16) Encouraging local education agencies to investigate opportunities for the maximum 8
348348 utilization of space in and around the district; 9
349349 (17) Collecting and maintaining a clearinghouse of prototypical school plans that may be 10
350350 consulted by eligible applicants; 11
351351 (18) Retaining the services of consultants, as necessary, to effectuate the roles and 12
352352 responsibilities listed within this section; 13
353353 (19) Hiring an appropriate staff member who shall create and implement a plan to bring all 14
354354 Rhode Island school buildings in compliance with the standard of a zero energy capable school 15
355355 building pursuant to § 16-7-36 and who shall provide technical advice and assistance, training, and 16
356356 education to cities, towns, and/or local education agencies, and to general contractors, 17
357357 subcontractors, construction or project managers, designers and others on the latest NE-CHPS 18
358358 standards; and 19
359359 (19)(20) No district shall receive a combined total of more than twenty (20) incentive 20
360360 percentage points for projects that commence construction by December 30, 2023, and five (5) 21
361361 incentive points for projects that commence construction thereafter; provided further, these caps 22
362362 shall be in addition to amounts received under §§ 16-7-40(a)(1), and 16-7-40(a)(2), 16-7-40(j)(1), 23
363363 and 16-7-40(j)(2). Furthermore, a district’s share shall not be decreased by more than half of its 24
364364 regular share irrespective of the number of incentive points received, nor shall a district’s state 25
365365 share increase by more than half of its regular share, including amounts received under §§ 16-7-26
366366 40(a)(1) and 16-7-40(a)(2), irrespective of the number of incentive points received. 27
367367 Notwithstanding any provision of the general laws to the contrary, the reimbursement or aid 28
368368 received under this chapter or chapter 38.2 of title 45 shall not exceed one hundred percent (100%) 29
369369 of the sum of the total project costs plus interest costs. If a two hundred and fifty million dollar 30
370370 ($250,000,000) general obligation bond is approved on the November 2018 ballot, projects 31
371371 approved between May 1, 2015, and January 1, 2018, are eligible to receive incentive points (above 32
372372 and beyond what the project was awarded at the time of approval) pursuant to § 16-7-39 and § 16-33
373373 7-40. Provided, however, any project approved during this time period with a project cost in excess 34
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377377 of one million five hundred thousand dollars ($1,500,000), which does not include an owner’s 1
378378 program manager and a commissioning agent, shall only be eligible to receive five (5) incentive 2
379379 points. Incentive points awarded pursuant to the provisions of this subsection shall only be applied 3
380380 to reimbursements occurring on or after July 1, 2018. Any project approved between May 1, 2015, 4
381381 and January 1, 2018, that is withdrawn and/or resubmitted for approval shall not be eligible for any 5
382382 incentive points. 6
383383 SECTION 4. This act shall take effect upon passage. 7
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390390 EXPLANATION
391391 BY THE LEGISLATIVE COUNCIL
392392 OF
393393 A N A C T
394394 RELATING TO EDUCATION -- SCHOOL FUNDS AND PROPERTY
395395 ***
396396 This act would provide that not later than June 30, 2025, the department of education would 1
397397 develop and adopt, in consultation with the office of energy resources, regulations requiring all 2
398398 school buildings to meet the standard of zero energy capable, as defined in § 16-7-36, by December 3
399399 31, 2037. 4
400400 This act would take effect upon passage. 5
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