SB 428 — AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE DEPARTMENT OF ADMINISTRATIVE SERVICES RELATING TO SCHOOL CONSTRUCTION.

2.

(2) after January 1, 2004, any maximum square footage per pupil limit established pursuant to this chapter or any regulation adopted by the Department of Administrative Services pursuant to this chapter shall be increased by up to one per cent to LCOaccommodate No.a heating, ventilation or air conditioning system, if needed;

3193 1 of 12 Raised Bill No.428 accommodate a heating, ventilation or air conditioning system, if needed;

Sec.sSB428 / File No.

2.449 5 sSB428 File No.

Subdivision449 (2)Sec. of subsection (a) of section 10-283 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022):

3.

Subdivisions (1) and (2) of subsection (a) of section 10-283 of the 2022 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2022):

(a) (1) Each town or regional school district shall be eligible to apply for and accept grants for a school building project as provided in this chapter.

Any town desiring a grant for a public school building project may, by vote of its legislative body, authorize the board of education of such town to apply to the Commissioner of Administrative Services and to accept or reject such grant for the town.

Any regional school board may vote to authorize the supervising agent of the regional school district to apply to theCommissioner of Administrative Services for and toacceptorrejectsuchgrantforthedistrict.Applicationsforsuchgrants under this chapter shall be made by the superintendent of schools of such town or regional school district on the form provided and in the manner prescribed by the Commissioner of Administrative Services.

The application form shall require the superintendent of schools to affirm that the school district considered the maximization of natural light, the use and feasibility of wireless connectivity technology and, on and after July 1, 2014, the school safety infrastructure criteria, [developed by the School Safety Infrastructure Council, pursuant to] described in section 10-292r, as amended by this act, in projects for new construction and alteration or renovation of a school building.

The Commissioner of Administrative Services shall review each grant application for a school building project for compliance with educational requirements and on the basis of categories for building projects established by the Commissioner of Administrative Services in accordance with this section.

The Commissioner of Education shall evaluate, if appropriate, whether the project will assist the state in meeting its obligations pursuant to the decision in Sheff v.

O'Neill, 238 Conn.

1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education.

The Commissioner of Administrative Services shall consult with the Commissioner of Education in reviewing grant applications submitted for purposes of subsection (a) of section 10-65 or section 10-76e on the basis of the educational needs of the applicant.

The Commissioner of sSB428 / File No.

449 6 sSB428 File No.

449 Administrative Services shall review each grant application for a school building project for compliance with standards for school building projects pursuant to regulations, adopted in accordance with section 10- 287c, and, on and after July 1, 2014, the school safety infrastructure criteria, [developed by the School Safety Infrastructure Council pursuant to] described in section 10-292r, as amended by this act.

Notwithstanding the provisions of this chapter, the Board of Trustees of the Community-Technical Colleges on behalf of Quinebaug Valley Community College and Three Rivers Community College and the following entities that will operate an interdistrict magnet school that will assist the state in meeting its obligations pursuant to the decision in Sheff v.

O'Neill, 238 Conn.

1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education, may apply for and shall be eligible to receive grants for school building projects pursuant to section 10-264h for such a school:

(A) The Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (B) the Board of Trustees of the Connecticut State University System on behalf of a state university, (C) the Board of Trustees for The University of Connecticut on behalf of the university, (D) the board of governors for an independent institution of higher education, as defined in subsection (a) of section 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, (E) cooperative arrangements pursuant to section 10- 158a, and (F) any other third-party not-for-profit corporation approved by the Commissioner of Education.

(B) create new facilities or alter existing facilities to enhance mandatory instructional programssSB428 pursuant/ toFile thisNo. chapter or provide comparable facilities among schools to all students at the same grade level or levels within the school district unless such project is otherwise explicitly included in another category pursuant to this section;

and449 (C)7 createsSB428 newFile facilities or alter existing facilities to provide supportive services, provided in no event shall such supportive services include swimming pools, auditoriums, outdoor athletic facilities, tennis courts, elementary school playgrounds, site improvement or garages or storage, parking or LCO No.

3193449 2programs ofpursuant 12to Raisedthis Billchapter No.428or generalprovide recreationcomparable areas.facilities among schools to all students at the same grade level or levels within the school district unless such project is otherwise explicitly included in another category pursuant to this section;

and (C) create new facilities or alter existing facilities to provide supportive services, provided in no event shall such supportive services include swimming pools, auditoriums, outdoor athletic facilities, tennis courts, elementary school playgrounds, site improvement or garages or storage, parking or general recreation areas.

(i) An enrollment projection and the capacity of the school, (ii) a substantiation of the estimated total project costs, (iii) the readiness of suchsSB428 eligible/ projectFile to begin construction, (iv) efforts made by the local or regional board of education to redistrict, reconfigure, merge or close schools under the jurisdiction of such board prior to submitting an application under this section, (v) enrollment and capacity information for all of the schools under the jurisdiction of such board for the five years prior to application for a school building project grant, (vi) enrollment projections and capacity information for all of the schools under the jurisdiction of such board for the eight years following the LCO No.

3193449 38 ofsSB428 12File RaisedNo. Bill No.428 date such application is submitted, and (vii) the state's education priorities relating to reducing racial and economic isolation for the school district.

449 such eligible project to begin construction, (iv) efforts made by the local or regional board of education to redistrict, reconfigure, merge or close schools under the jurisdiction of such board prior to submitting an application under this section, (v) enrollment and capacity information for all of the schools under the jurisdiction of such board for the five years prior to application for a school building project grant, (vi) enrollment projections and capacity information for all of the schools under the jurisdiction of such board for the eight years following the date such application is submitted, and (vii) the state's education priorities relating to reducing racial and economic isolation for the school district.

On and after July 1, 2006, a project that was not previously authorized as an interdistrict magnet school shall not receive a higher percentage for reimbursement than that determined pursuant to section 10-285a at the time a school building project on such schedule was originallysSB428 authorized./ File No.

449 9 sSB428 File No.

449 originally authorized.

Any regional school district which assumes the responsibility for completion of a public school LCObuilding No.project shall be eligible for a grant pursuant to subdivision (5) or (6), as the case may be, of subsection (a) of section 10-286 when such project is completed and accepted by such regional school district.

3193 4 of 12 Raised Bill No.428 building project shall be eligible for a grant pursuant to subdivision (5) or (6), as the case may be, of subsection (a) of section 10-286 when such project is completed and accepted by such regional school district.

3.4.

(A) To assist school building projects to remedy damage from fire and catastrophe, (B) to correct safety, health and other code violations, (C) to replace roofs, including the replacement or installation of skylights as part of the roof replacement project, (D) to remedy a certified school indoor air quality emergency, (E) to install insulation for exterior walls and attics, or (F) to purchase and install a limited use and limited access elevator, windows, photovoltaic panels, wind generation systems, building management systems [, a public school administrative or service facility] or portable classroom buildings, provided portable classroom building projects shall not create a new facility or cause an existing facility to be modified so that the portable buildings comprise a substantial percentage of the totalfacilityarea,asdeterminedbythecommissioner.[,or(G)forschool security projects, including, but not limitedto, making improvements to existing school security infrastructure or installing new school security infrastructure.]sSB428 [(2)/ NotFile laterNo. than seven calendar days following the discovery of a reason described in subparagraphs (A) to (F), inclusive, of subdivision (1)ofthissubsection,thesuperintendent ofschoolsofatownor regional school district shall notify the Commissioner of Administrative Services in writing of such reason in order to be eligible for a grant under this subsection.

Such449 superintendent10 shallsSB428 submitFile an application to the LCO No.

3193449 5infrastructure.] [(2) Not later than seven calendar days following the discovery of 12a Raisedreason Billdescribed No.428in commissionersubparagraphs not(A) laterto than(F), sixinclusive, monthsof followingsubdivision (1)ofthissubsection,thesuperintendent ofschoolsofatownorregional school district shall notify the Commissioner of Administrative Services in writing of such notificationreason in order to receivebe eligible for a grant under this subsection.]subsection. Sec.

4.Such superintendent shall submit an application to the commissioner not later than six months following such notification in order to receive a grant under this subsection.] Sec.

5.

Sec.sSB428 / File No.

5.449 11 sSB428 File No.

449 Sec.

6.

(b) The School Building Projects Advisory Council shall (1) develop modelblueprintsfor newschoolbuilding projectsthat are inaccordance with industry standards for school buildings and the school safety LCOinfrastructure No.criteria, developed pursuant to section 10-292r, as amended by this act, (2) conduct studies, research and analyses, [and] (3) make recommendations for improvements to the school building projects processes to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to appropriationsandthebudgetsofstate agencies,educationandfinance, revenue and bonding, and (4) periodically review and update, as necessary, the school safety infrastructure criteria developed pursuant to section 10-292r, as amended by this act.

3193 6 of 12 Raised Bill No.428 infrastructure criteria, developed pursuant to section 10-292r, as amended by this act, (2) conduct studies, research and analyses, [and] (3) make recommendations for improvements to the school building projects processes to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to appropriationsandthebudgetsofstate agencies,educationandfinance, revenue and bonding, and (4) periodically review and update, as necessary, the school safety infrastructure criteria developed pursuant to section 10-292r, as amended by this act.

6.7.

(9) one appointed by the minority leader of the House of Representatives, who shall be a publicsSB428 school/ teacherFile certifiedNo. by the State Board of Education;

449 12 sSB428 File No.

449 public school teacher certified by the State Board of Education;

The administrative staff of the Department of Administrative Services shall serve as staff for the council and assist with all ministerial duties.] LCO[(b)] No.(a) The [School Safety Infrastructure Council] School Building Projects Advisory Council, established pursuant to section 10-292q, as amended by this act, shall [develop] periodically review and update, as necessary, school safety infrastructure criteria for school building projects awarded grants pursuant to this chapter andthe school security infrastructure competitive grant program, pursuant to section 84 of public act 13-3.

3193 7 of 12 Raised Bill No.428 [(b)] (a) The [School Safety Infrastructure Council] School Building Projects Advisory Council, established pursuant to section 10-292q, as amended by this act, shall [develop] periodically review and update, as necessary, school safety infrastructure criteria for school building projects awarded grants pursuant to this chapter andthe school security infrastructure competitive grant program, pursuant to section 84 of public act 13-3*.

[The council shall meet at least annually to review and update, if necessary, the school safety infrastructure criteria and make such criteria available to local and regional boards of education.] [(c)] (b) [Not later than January 1, 2014, and annually thereafter, the School Safety Infrastructure Council] The School Building Projects Advisory Council shall submit any updates made to the school safety infrastructure criteria to the Commissioners of Emergency Services and Public Protection and Education [, the School Building Projects Advisory Council, established pursuant to section 10-292q,] and the joint standing committees of the General Assembly having cognizance of matters relating to public safety and education, in accordance with thesSB428 provisions/ ofFile sectionNo. 11-4a.

449 13 sSB428 File No.

449 the provisions of section 11-4a.

7.8.

(b) (1) All orders and contracts for school building construction receiving state assistance under this chapter, except as provided in LCOsubdivisions No.(2) to (4), inclusive, of this subsection, shall be awarded to the lowest responsible qualified bidder only after a public invitation to bid, [which shall be advertised in a newspaper having circulation in the town in which construction is to take place,] except for (A) school building projects for which the town or regional school district is using a state contract pursuant to subsection (d) of section 10-292, and (B) change orders, those contracts or orders costing less than ten thousand dollars and those of an emergency nature, as determined by the Commissioner of Administrative Services, in which cases the contractor or vendor may be selected by negotiation, provided no local fiscal regulations, ordinances or charter provisions conflict.

3193 8 of 12 Raised Bill No.428 subdivisions (2) to (4), inclusive, of this subsection, shall be awarded to the lowest responsible qualified bidder only after a public invitation to bid, [which shall be advertised in a newspaper having circulation in the town in which construction is to take place,] except for (A) school building projects for which the town or regional school district is using a state contract pursuant to subsection (d) of section 10-292, and (B) change orders, those contracts or orders costing less than ten thousand dollars and those of an emergency nature, as determined by the Commissioner of Administrative Services, in which cases the contractor or vendor may be selected by negotiation, provided no local fiscal regulations, ordinances or charter provisions conflict.

Such evaluation criteria shall include due consideration of the proposer's pricing for the project, experience with worksSB428 of/ similarFile size and scope as required for the order or contract, organizational and team structure, including any subcontractors to be utilized by the proposer, for the order or contract, past performance data, including, but not limited to, adherence to project schedules and project budgets and the number of change orders for projects, the approachtotheworkrequiredfortheorderorcontractanddocumented contract oversight capabilities, and may include criteria specific to the LCO No.

3193449 914 ofsSB428 12File RaisedNo. Bill No.428 project.

449 work of similar size and scope as required for the order or contract, organizational and team structure, including any subcontractors to be utilized by the proposer, for the order or contract, past performance data, including, but not limited to, adherence to project schedules and project budgets and the number of change orders for projects, the approachtotheworkrequiredfortheorderorcontractanddocumented contract oversight capabilities, and may include criteria specific to the project.

Such evaluation criteria shall include due consideration of the proposer's pricing for the project, experience with work of similar size and scope as required for the order or contract, organizational and team structure for the order or contract, past performance data, including, but not limited to, adherence to project schedules and project budgets and the number of change orders forsSB428 projects,/ theFile approachNo. to the work required for the order or contract, [including on and after July 1, 2022, whether the proposer intends to self-perform any project element and the benefit to the awarding authority that will result from such self-performance,] and documented contract oversight capabilities, and may include criteria specific to the project.

Final449 selection15 bysSB428 theFile awarding authority is limited to the pool LCO No.

3193449 10for ofprojects, 12the Raisedapproach Billto No.428the ofwork required for the fourorder mostor responsiblecontract, qualified[including proposerson and shallafter includeJuly consideration1, of2022, allwhether criteriathe includedproposer withinintends to self-perform any project element and the requestbenefit forto proposals.the awarding authority that will result from such self-performance,] and documented contract oversight capabilities, and may include criteria specific to the project.

Final selection by the awarding authority is limited to the pool of the four most responsible qualified proposers and shall include consideration of all criteria included within the request for proposals.

The constructionmanager shall,after consultationandapprovalbytheconsultationandapprovalbythetown town or regional school district, award any related contracts for project elements to the responsible qualified contractor submitting the lowest bid in compliance with the bid requirements, provided that (i) the construction manager shall not be eligible to submit a bid for any such project element, and (ii) construction shall not begin prior to the determinationsSB428 of/ theFile guaranteedNo. maximum price, except work relating to site preparation and demolition may commence prior to such determination.

(4)449 All16 orderssSB428 andFile contracts for any other consultant services, including, but notlimitedto,consultant servicesrenderedby anowner's LCO No.

3193449 11determination of 12the Raisedguaranteed Billmaximum No.price, except work relating to site preparation and demolition may commence prior to such determination.

428(4) All orders and contracts for any other consultant services, including, but notlimitedto,consultant servicesrenderedby anowner's representatives, construction administrators, program managers, environmental professionals, planners and financial specialists, shall comply with the public selection process described in subdivision (2) of this subsection.

Sec.

9.

Subsection (a) of section 10-265h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022):

(a) The Commissioner of Administrative Services, in consultation with the Commissioner of Education, shall establish, within available bond authorizations, a grant program to assist alliance districts, as defined in section 10-262u, in paying for general improvements to school buildings.

For purposes of this section "general improvements to school buildings" means work that (1) is generally not eligible for reimbursement pursuant to chapter 173, and (2) is to (A) replace windows, doors, boilers and other heating and ventilation system components, internal communications and technology systems, lockers, floors, cafeteria equipment and ceilings, including the installation of new drop ceilings, (B) upgrade restrooms including the replacement of fixtures and related water supplies and drainage, (C) upgrade and replace lighting, including energy efficient upgrades to lighting systems and controls to increase efficiency, and reduce consumption levels and cost, (D) upgrade entryways, driveways, parking areas, play areas and athletic fields, (E) upgrade equipment, including, but not limited to, the following equipment purchasedonor after November 1,2017:Cabinets, computers, laptops and related equipment and accessories, (F) repair sSB428 / File No.

449 17 sSB428 File No.

449 roofs, including the installation of energy efficient fixtures and systems and environmental enhancements, or (G) install or upgrade security equipment that is consistent with the school safety infrastructure [standards, developed by the School Safety Infrastructure Council, pursuant to] criteria described in section 10-292r, as amended by this act,including,butnotlimitedto,videosurveillancedevicesandfencing, provided "general improvements to school buildings" may include work not specified in this subdivision if the alliance district provides justification for such work acceptable to the Commissioner of Administrative Services, but shall not include routine maintenance such as painting, cleaning, equipment repair or other minor repairs or work done at the administrative facilities of a board of education.

Sec.

10.

Subsection (a) of section 10-284 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022):

(a) The Commissioner of Administrative Services shall have authority to receive and review applications for state grants under this chapter, andto approve any suchapplication, or to disapprove any such application if (1) it does not comply with the requirements of the State Fire Marshal or the Department of Public Health, (2) it is not accompanied by a life-cycle cost analysis approved by the Commissioner of Administrative Services, (3) it does not comply with the provisions of sections 10-290d and 10-291, (4) it does not meet (A) the standards or requirements established in regulations adopted in accordance with section 10-287c, or (B) school building categorization requirements described in section 10-283, as amended by this act, (5) the estimated construction cost exceeds the per square foot cost for schools established in regulations adopted by the Commissioner of Administrative Services for the county in which the project is proposed to be located, (6) on and after July 1, 2014, the application does not comply with the school safety infrastructure criteria [developed by the School Safety Infrastructure Council, pursuant to] described in section 10-292r, as amended by this act, except the Commissioner of Administrative Services may waive any of the provisions of the school sSB428 / File No.

449 18 sSB428 File No.

449 safety infrastructure criteria if the commissioner determines that the application demonstrates that the applicant has made a good faith effort to address such criteria and that compliance with such criteria would be infeasible, unreasonable or excessively expensive, (7) the Commissioner of Education determines that the proposed educational specifications for or theme of the project for which the applicant requests a state grant duplicates a program offered by a technical education and career school or an interdistrict magnet school in the same region, or (8) on and after July 1, 2018, a regional educational service center is designated as the project manager in the application.

Sec.

11.

Subsection (a) of section 10-292 of the 2022 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022):

(a) Upon receipt by the Commissioner of Administrative Services of the final plans for any phase of a school building project as provided in section10-291, said commissioner shall promptly reviewsuchplans and check them to the extent appropriate for the phase of development or construction for which final plans have been submitted to determine whether they conform with the requirements of the Fire Safety Code, the Department of Public Health, the life-cycle cost analysis approved by the Commissioner of Administrative Services, the State Building Code and the state and federal standards for design and construction of public buildings to meet the needs of persons with disabilities and the school safety infrastructure criteria, [developed by the School Safety Infrastructure Council, pursuant to] described in section 10-292r, as amended by this act, and if acceptable a final written approval of such phase shall be sent to the town or regional board of education and the school building committee.

No phase of a school building project, subject to the provisions of subsection (c) or (d) of this section, shall go out for bidding purposes prior to such written approval.

Section 1 July 1, 2022 10-286(c)New Sec.section sSB428 / File No.

2449 July19 1,sSB428 2022File 10-283(a)(2)No. Sec.

3449 July 1, 2022 10-283(b) Sec.

42 July 1, 2022 10-287(d)10-286(c) Sec.

53 July 1, 2022 10-292q(b)10-283(a)(1) and (2) Sec.

64 July 1, 2022 10-292r10-283(b) Sec.

75 July 1, 2022 10-287(b)10-287(d) StatementSec. of Purpose:

To6 (1)July eliminate1, the2022 provision10-292q(b) allowingSec. construction managers to self- perform on school construction contracts, (2) require the invitation of bids through the State Contracting Portal instead of local newspapers, and (3) make other revisions to the school construction grant program process and requirements.

that7 whenJuly the1, entire2022 text10-292r ofSec. a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.

31938 12July of1, 122022 10-287(b) Sec.

9 July 1, 2022 10-265h(a) Sec.

10 July 1, 2022 10-284(a) Sec.

11 July 1, 2022 10-292(a) Statement of Legislative Commissioners:

In Section 3, added Subsec.

(a)(1) for consistency, and added new Sections 9 to 11, inclusive, for consistency.

ED Joint Favorable Subst.

sSB428 / File No.

449 20 sSB428 File No.

449 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 23 $ FY 24 $ Treasurer, Debt Serv.

GF - Potential See Below See Below Cost Note:

GF=General Fund Municipal Impact:

Municipalities Effect FY 23 $ FY 24 $ Various Municipalities Potential See Below See Below Cost/Revenue Explanation The bill, which establishes a reimbursement program for school HVAC system installation, repair, and upgrades, and makes multiple changes to eligible costs under the school construction reimbursement program and is expected to have several fiscal impacts, as described below.

Section 1 of the bill establishes a reimbursement program, administered by the Department of Administrative Services (DAS), for local and regional school HVAC system installation, repair, and upgrades that is similar to, though separate from, the school construction reimbursement program established in CGS 10-283.

State reimbursement levels are set annually based on municipal wealth and population information from 20 to 80 percent of project costs, with possible increases of up to ten percentage points for projects and recipients meeting certain criteria.

The bill does not provide a funding source or amount for the sSB428 / File No.

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449 discretionary grant program.

To the extent that funds are made available for the program, there would be a potential cost to the state and a potential revenue gain and potential cost to grant recipients.

sSB 12, the revised FY 23 bond bill, as favorably reported by the Finance, Revenue and Bonding Committee, authorized $100 million for this purpose.

The program is expected to be administered by DAS within existing resources, resulting in no new fiscal impact to the agency.

Sections 2, 4, 5, and 8 of the bill make various changes to school construction projects process and cost eligibility, including allowing a larger space standard for school buildings built between 1950-1959, moving projects for school administration buildings from the list of allowable non-priority list reimbursements to needing legislative approval through the priority list process, automatically moving projects through the process when a certificate of occupancy has been granted, and removing a requirement for newspaper notice for construction contracts.

To the extent these changes alter the total cost of future projects, the altered cost would be shared between municipalities and the state at the appropriate reimbursement ratio.

School construction grants are financed through the issuance of General Obligation (GO) bonds in future fiscal years.

The bill does not authorize new GO bonds.

The bill may result in future General Fund debt service costs to be altered to the degree that it causes authorized GO bond funds to be expended at a different rate than they otherwise would have been.

Section 3 requires DAS to report on all non-priority list grants approved on an annual basis and has no fiscal impact.

The remaining sections, along with conforming changes in previously discussed sections, shift specified responsibilities to the School Building Projects Advisory Council from the School Safety Infrastructure Council, eliminating the latter, which is not expected to have a fiscal impact.

sSB428 / File No.

449 22 sSB428 File No.

449 The Out Years The ongoing fiscal impact of school HVAC projects and school construction project reimbursements identified above will continue into the future subject to project completion, successful municipal application for reimbursement, and the costs of borrowing.

sSB428 / File No.

449 23 sSB428 File No.

449 OLR Bill Analysis sSB 428 AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE DEPARTMENT OF ADMINISTRATIVE SERVICES RELATING TO SCHOOL CONSTRUCTION.

SUMMARY This bill makes the following changes in the public school construction statutes:

1.

requires the Department of Administrative Services (DAS) to administer a reimbursement grant program beginning in FY 23 for the cost of school indoor air quality improvements, including the installation, replacement, or upgrading of heating, ventilation, and air-conditioning (HVAC) systems (§ 1);

2.

extends the allowable 25% increase in per-pupil square footage limits in current law for school buildings built before 1950 to include those built before 1959 (§ 2);

3.

requires the DAS commissioner to create an addendum to the school construction priority list project report to include grants awarded by DAS for certain school construction projects without legislative approval (“emergency grants”) (§ 3);

4.

removes the requirement that a superintendent notify the DAS commissioner of the need for an emergency grant and formally apply within a certain timeframe (§ 4);

5.

eliminates the DAS commissioner’s authority to approve emergency school construction reimbursement grants for administrative and service facility and school safety projects (§ 4);

sSB428 / File No.

449 24 sSB428 File No.

449 6.

requires school construction grant recipients to submit a project completion notice to DAS within three years after the date when a certificate of occupancy for the project was issued (§ 5);

7.

eliminates the School Safety Infrastructure Council (SSIC) and generally reassigns its duties to the School Building Projects Advisory Council (§§ 6 & 7);

and 8.

eliminates from current law the (a) newspaper advertising requirement for public invitations to bid on orders and contracts for school construction services and (b) option for a construction manager to self-perform any school construction project element, which takes effect under current law beginning on July 1, 2022 (§ 8).

The bill also makes several technical and conforming changes, including eliminating references to SSIC (§§ 3 & 9-11).

EFFECTIVE DATE:

July 1, 2022 § 1 — INDOOR AIR QUALITY GRANT PROGRAM Beginning in FY 23, the bill allows local or regional boards of education or regional education service centers (RESCs) to apply for the reimbursement grant with the DAS commissioner when and in a manner she determines.

It prohibits boards of education and RESCs from using these grant funds to replace local matching requirements for other federal or state funding received for indoor air quality improvement or HVAC projects.

Under the bill, if there are insufficient funds to give grants to all applicants, then the commissioner must prioritize applicants with schools that have the greatest need for HVAC systems or other indoor air quality improvements.

She must use the eligibility criteria described below when determining priority among applicants.

Eligibility Criteria The bill requires the DAS commissioner to develop eligibility criteria sSB428 / File No.

449 25 sSB428 File No.

449 to use when determining whether to award a grant for air quality improvements to a school.

These criteria must include the following:

1.

the age and condition of the school’s current HVAC system, 2.

current air quality issues at the school, 3.

the overall school building’s age and condition, 4.

the school district’s master plan, 5.

maintenance records availability, 6.

a contract or plans for the HVAC system’s routine maintenance cleaning, and 7.

the board’s or RESC’s ability to finance the project’s remainder cost after receiving a program grant.

Grant Amount Calculations The billestablishesdifferent grant awardcalculationsfor localboards of education, regional boards of education, and RESCs.

Local Boards of Education.

Under the bill, a local board may receive a reimbursement grant for 20-80% of its eligible expenses, based on its town ranking.

The bill establishes the following formula for DAS to use to determine the ranking:

1.

Rank each town in descending order (from 1 to 169) using its adjusted equalized net grant list per capita (AENGL) (a measure of town wealth as defined in the education cost sharing (ECS) grant statutes (see BACKGROUND)) from two, three, and four years prior to the fiscal year of the grant application.

2.

Assign a reimbursement rate from 20%-80% for each town on a continuous scale, with the first-ranked town receiving a 20% rate and the last-ranked town receiving an 80% rate.

Regional Boards of Education and RESCs.

Under the bill, a sSB428 / File No.

449 26 sSB428 File No.

449 regional board or RESC may receive a reimbursement grant for a percentage of its eligible expenses under the following ranking formula, which is based on the local boards’ formula and the regional district’s or RESC’s member towns’ populations:

1.

Multiply each member town’s total population by its AENGL ranking calculated above.

2.

Add together the above products for each member town.

3.

Dividethetotalsumby thetotalpopulationofallmember towns.

4.

Round each regional board’s or RESC’s ranking to the next higher whole number.

5.

Assign to each regional board or RESC the same reimbursement percentage as a town with the same rank (presumably, under the AENGL-based formula for local boards of education).

6.

For regional boards only, add 10% to this amount, up to a maximum reimbursement of 85%.

Grant Increases for Contracting With Minority Business Enterprises The bill requires that a board of education’s or RESC’s reimbursement grant percentage increase by an additional 5% if the DAS commissioner, in consultation with the Commission on Human Rights and Opportunities, determines that it has exceed the minority business enterprises requirements in state law for the air quality or HVAC improvements for which the grant was awarded (existing law makes a municipal public works contractor, rather than a municipal entity, responsible for complying with MBE requirements;

see BACKGROUND).

(The bill does not specify for how long the increase applies or a how a board’s or RESC’s performance is measured with respect to the requirements.) The bill also requires a 5% reimbursement increase if the board or RESC has contracted with a minority business enterprise for at least 10 sSB428 / File No.

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449 years for the routine maintenance and cleaning of the HVAC system for which the grant was awarded.

Ineligible Costs The billmakesthe following costsineligiblefor grantreimbursement:

(1) routine HVAC system maintenance and cleaning, (2) work that is otherwise eligible for a state school construction reimbursement grant, and (3) work on a public school administrative or service facility that is located outside of a public school building.

Project Completion and Maintenance Under the bill, any project that receives an indoor air quality improvement grant award must be completed by the end of the next calendar year.

However, the DAS commissioner may extend the project duration if the recipient board or RESC shows good cause.

The bill places the responsibility for an HVAC system’s routine maintenance and cleaning with the grant recipients and requires them to train to school personnel and building maintenance staff about the system’s proper use and maintenance.

§ 2 — SPACE STANDARDS Bylaw,reimbursement grantsforschoolbuildingprojectsauthorized by thelegislature mustfollowper-pupilsquare footage limitsset instate law or regulation.

Currently, any building constructed before 1950 receives a 25% increase for any square footage limit.

The bill expands eligibility for this increase to include any building constructed before 1959.

§§ 3 & 4 — DAS-APPROVED EMERGENCY GRANTS Priority List Addendum The law allows the DAS commissioner to award school construction grants for certain projects without legislative approval (“emergency grants”), within the limit of appropriated funds.

Beginning July 1, 2022, the bill requires the commissioner to create an addendum to the school construction priority list project report.

By law, sSB428 / File No.

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449 she must send this report to the legislature’s school construction committee before December 31 each year (see BACKGROUND).

Under the bill, the report addendum must contain all emergency grants approved bytheDAS commissioner during thepreviousfiscalyear.The law allows her to approve emergency grants for the following purposes:

1.

remedy fire and catastrophic damage;

2.

correct safety, health, and other code violations;

3.

replace roofs, including skylight installation;

4.

remedy a certified school indoor air quality emergency;

5.

insulate exterior walls and attics;

or 6.

purchase and install a limited use and limited access elevator, windows, photovoltaic panels, wind generation systems, building management systems, or portable classrooms.

(The bill also eliminates emergency grant authority for certain projects;

see below.) The bill also removes the requirement that a superintendent notify the DAS commissioner of the need for an emergency grant and formally apply within a certain timeframe.

Under current law, a superintendent has seven calendar days after discovering the emergency to notify the commissioner in writing about the reason for the emergency grant, and to receive the grant he or she must apply to the commissioner within six months after submitting the written notice.

§ 4 — ELIMINATED EMERGENCY PROJECTS The bill subjects the following projects to legislative approval by eliminating the DAS commissioner’s authority to approve reimbursement grants on an emergency basis:

(1) public school administrative or service facilities and (2) school security projects, including improvements to existing school security infrastructure or new infrastructure.

Accordingly, these types of projects must instead sSB428 / File No.

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449 appear on the school priority list and the project report that the DAS submits to the legislature’s school construction committee for approval every December.

§ 5 — PROJECT COMPLETION AND CLOSURE Beginning July 1, 2022, the bill requires towns and regional school districts that are grant recipients to submit a project completion notice to DAS within three years after the date when a certificate of occupancy for theproject was issued.

If agrant recipient does not submit this notice on time, then the DAS commissioner must deem the project complete and begin a final project audit.

By law, DAS must conduct an audit within five years after a school district files a notice of project completion (CGS § 10-286e(a)).

Additionally, the bill requires the commissioner to deem a project authorized before July 1, 2022, as complete if its grant recipient has received a certificate of occupancy and has not submitted a project completion notice to DAS on or before July 1, 2025.

§§ 6 & 7 — SCHOOL SAFETY INFRASTRUCTURE COUNCIL The bill eliminates the School Safety Infrastructure Council (SSIC) and generally reassigns its duties to the School Building Projects Advisory Council.

SSIC is 10-member council of agency heads and gubernatorial and legislative appointees, chaired by the DAS commissioner and tasked under current law with developing the school safety infrastructure criteria for projects that are awarded state school building project reimbursement grants and school security infrastructure competitive grants.

The School Building Projects Advisory Council is an eight-member council of agency heads and executive branch appointees, also chaired by the DAS commissioner, that conducts studies, research, and analyses and makes recommendations for improvements to the school building projects processes to the governor and legislature (CGS § 10-292q).

The bill eliminates provisions in current law requiring SSIC to develop the grants’ criteria and meet at least annually to review and sSB428 / File No.

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449 update the criteria and make them available to boards of education.

The bill instead requires the advisory council to periodically review and update the criteria as necessary, and submit any updates to the education and emergency services and public protection commissioners,alongwiththePublicSafetyandSecurityandEducation committees.

§ 8 — BIDDING REQUIREMENTS AND CONSTRUCTION MANAGEMENT SERVICES Public Invitations to Bid The bill eliminates the newspaper advertising requirement for public invitations to bid on orders and contracts for (1) school building construction projects receiving state grants, (2) architectural services, and (3) construction management services.

Under current law, these public invitations to bid must be advertised in a newspaper having circulation in the town where the construction will take place, except for certain projects such as those using a state contract.

The bill retains provisions in current law requiring a public bidding process, but does not specify a particular method for giving public notice of bidding opportunities.

Construction Manager Self-Performance The bill eliminates the option for a construction manager to self- perform any project element, which under current law becomes effectivebeginningJuly1,2022.Currentlawconditionsthisoptionupon the (1) DAS commissioner and the awarding authority determining that the construction manager can self-perform the work more cost- effectively than a subcontractor could and (2) commissioner’s written approval.

For subcontractor bids on school building projects, the bill requires the construction manager to invite bids on project elements and give notice of bidding opportunities on the State Contracting Portal.

It explicitly deems the construction manager ineligible to bid on any project element.

sSB428 / File No.

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449 The bill requires that each bid be kept sealed until opened publicly at thetime andplace statedinthebidsolicitationnotice.

After consultation with and approval by the employing town or regional school district, the construction manager must award any related contracts for project elements to the lowest responsible qualified bidder.

As under current law, construction cannot begin before the guaranteed maximum price is determined (except for site preparation and demolition work).

BACKGROUND Related Bills SB 423, reported favorably by the Labor Committee, requires the labor commissioner to set up a school indoor air quality assessment and ventilation monitoring program and also makes certain school HVAC projects eligible for state reimbursement grants.

HB 5479, reported favorably by the Public Health Committee, requires the Department of Public Health to set up an indoor air quality monitoring program for public schools.

Adjusted Equalized Net Grand List (AENGL) Per Capita AENGL per capita is a measure of town property wealth.

It is calculated using the following formula:

1.

Take the net grand list of the town upon which taxes were levied for the town’s general expenses three years before the fiscal year when the grant will be paid, equalized by the Office of Policy and Management secretary to calculate ECS grants consistent with state law.

2.

Divide the above number by the product of the (a) town’s total population and (b) ratio of the town’s per capita income to the per-capita income of the town at the 100th percentile among all towns when ranked from lowest to highest in per capita income (CGS § 10-261).

Minority Business Enterprise Contracting Requirements Under the state set-aside program, state agencies and political sSB428 / File No.

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449 subdivisions (other than municipalities, see below) must set aside at least 25% of the total value of all contracts they let for construction, goods, and services each fiscal year for exclusive bidding by certified small contractors.

The agencies must further reserve at least 25% of the set-aside value (i.e., at least 6.25% of the total) for exclusive bidding by certified minority business enterprises (MBEs).

Contractors awarded municipal public works contracts must comply with these requirements if the (1) contract includes state financial assistance and (2) total contract value exceeds $50,000.

MBEs are small contractors owned by women, minorities, or people with disabilities.

The owner must have managerial and technical competence and experience directly related to his or her principal business activities (CGS §4a-60g).

School Construction Priority List Project Report By law, the project report must contain all school building projects the DAS commissioner has placed on the priority list as eligible for a school construction reimbursement grant, listed with each project’s estimated grant amount, enrollment projections, estimated total cost, and readiness to begin construction, among other things.

COMMITTEE ACTION Education Committee Joint Favorable Substitute Yea 39 Nay 0 (03/25/2022) sSB428 / File No.

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