Connecticut 2024 Regular Session Status: In Committee Bipartisan · 1 D · 1 R cosponsors

HB 5347 — AN ACT CONCERNING AUTHORIZATION OF STATE GRANT COMMITMENTS FOR SCHOOL BUILDING PROJECTS AND REVISIONS TO THE SCHOOL BUILDING PROJECTS STATUTES.

Last action — FILE NO. 536

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1259 added · 698 removed

Plain-language change summary

The amendments to HB 5347 involve adding specific project details regarding the estimated costs for the Fred D. Wish Museum School and E. B. Kennelly School, adjusting the total project budget to a notable $88.1 million. Additionally, the original introduction language has been streamlined by removing references to evaluation criteria that the Commissioner of Education would use to determine the project's alignment with state educational goals. These changes clarify funding priorities and ensure that critical projects receive the necessary financial support, which is important for improving local educational facilities.

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General Assembly Raised Bill No.
House of Representatives General Assembly File No.
5347 February Session, 2024 LCO No.
536 February Session, 2024 Substitute House Bill No.
2311 Referred to Committee on EDUCATION Introduced by:
5347 House of Representatives, April 17, 2024 The Committee on Finance, Revenue and Bonding reported through REP.
(ED) AN ACT CONCERNING AUTHORIZATION OF STATE GRANT COMMITMENTS FOR SCHOOL BUILDING PROJECTS AND REVISIONS TO THE SCHOOL BUILDING PROJECTS STATUTES.
HORN of the 64th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.
AN ACT CONCERNING AUTHORIZATION OF STATE GRANT COMMITMENTS FOR SCHOOL BUILDING PROJECTS AND REVISIONS TO THE SCHOOL BUILDING PROJECTS STATUTES.
Section1.(Effectivefrompassage)TheCommissionerofAdministrative Services, having reviewed applications for state grants for public school building projects in accordance with section 10-283 of the general statutes, as amended by this act, on the basis of priorities for such projects and standards for school construction established by the State Board of Education, and having prepared a listing of all such eligible projectsrankedinorderofpriority,asdeterminedbysaidcommissioner together with the amount of the estimated grant with respect to each eligible project, and having submitted such listing of eligible projects, prior to December 15, 2023, to a committee of the General Assembly established under section 10-283a ofthe general statutes, as amended by this act, for the purpose of reviewing such listing, is hereby authorized to enter into grant commitments on behalf of the state in accordance with said section 10-283a, as amended by this act, with respect to the priority listing of such projects and in such estimated amounts as LCO No.
Section1.(Effectivefrompassage)TheCommissionerofAdministrative Services, having reviewed applications for state grants for public school building projects in accordance with section 10-283 of the general statutes, as amended by this act, on the basis of priorities for such projects and standards for school construction established by the State Board of Education, and having prepared a listing of all such eligible projectsrankedinorderofpriority,asdeterminedbysaidcommissioner together with the amount of the estimated grant with respect to each eligible project, and having submitted such listing of eligible projects, prior to December 15, 2023, to a committee of the General Assembly established under section 10-283a ofthe general statutes, as amended by this act, for the purpose of reviewing such listing, is hereby authorized to enter into grant commitments on behalf of the state in accordance sHB5347 / File No.
2311 1 of 27 Raised Bill No.5347 approved by said committee prior to February 1, 2024, as follows:
536 1 sHB5347 File No.
T1 School District Estimated Estimated T2 School Project Costs Grant T3 Project Number T4 T5 BRISTOL T6 Edgewood Pre-K Academy T7 24DASY017090RNV0624 $16,803,560 $11,701,999 T8 T9 LEARN T10 New Early Childhood School at 51 T11 Daniels Avenue T12 24DASY245090APF0624 $95,736,656 $76,589,325 T13 T14 STAMFORD T15 South School - Upper T16 24DASY135283N0624 $85,871,466 $51,522,880 T17 T18 STAMFORD T19 South School – Lower T20 24DASY135284N0624 $72,463,942 $43,478,365 T21 T22 BRISTOL T23 Bristol Central High School Culinary T24 Arts T25 24DASY017091A0624 $1,426,955 $993,731 T26 T27 BRISTOL T28 Bristol Eastern High School Culinary T29 Arts T30 24DASY017092A0624 $1,448,285 $1,008,586 T31 T32 DANBURY T33 Danbury High School T34 24DASY034154A0624 $16,500,000 $10,429,650 T35 T36 HARTFORD T37 Montessori Magnet at Batchelder T38 24DASY064322RNV0624 $102,569,302 $97,440,837 T39 LCO No.
536 with said section with respect to the priority listing of such projects and in such estimated amounts as approved by said committee prior to February 1, 2024, as follows:
2311 2 of 27 Raised Bill No5347 T40 HARTFORD T41 S.A.N.D.
T1 School District Estimated Estimated T2 School Project Costs Grant T3 Project Number T4 T5 BRISTOL T6 Edgewood Pre-K Academy T7 24DASY017090RNV0624 $16,803,560 $11,701,999 T8 T9 LEARN T10 New Early Childhood School at 51 T11 Daniels Avenue T12 24DASY245090APF0624 $95,736,656 $76,589,325 T13 T14 STAMFORD T15 South School - Upper T16 24DASY135283N0624 $85,871,466 $51,522,880 T17 T18 STAMFORD T19 South School – Lower T20 24DASY135284N0624 $72,463,942 $43,478,365 T21 T22 BRISTOL T23 Bristol Central High School Culinary T24 Arts T25 24DASY017091A0624 $1,426,955 $993,731 T26 T27 BRISTOL T28 Bristol Eastern High School Culinary T29 Arts T30 24DASY017092A0624 $1,448,285 $1,008,586 T31 T32 DANBURY T33 Danbury High School T34 24DASY034154A0624 $16,500,000 $10,429,650 T35 T36 HARTFORD T37 Montessori Magnet at Batchelder T38 24DASY064322RNV0624 $102,569,302 $97,440,837 sHB5347 / File No.
536 2 sHB5347 File No.
536 T39 T40 HARTFORD T41 S.A.N.D.
Walsh Museum School T66 21DASY064318RNV0621 T67 T68 Estimated… T69 Total Project Costs $49,320,000 $67,290,900 T70 Total Grant $46,854,000 $63,926,355 Sec.
Wish Museum School T66 21DASY064318RNV0621 T67 T68 Estimated… T69 Total Project Costs $49,320,000 $67,290,900 T70 Total Grant $46,854,000 $63,926,355 T71 T72 HARTFORD T73 E.
B.
Kennelly School T74 21DASY064317RNV0621 T75 T76 Estimated… sHB5347 / File No.
536 3 sHB5347 File No.
536 T77 Total Project Costs $51,416,225 $88,130,000 T78 Total Grant $48,845,414 $83,723,500 Sec.
Subsection (a) of section 10-283 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, LCO No.
Subsection (a) of section 10-283 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2024):
2311 3 of 27 Raised Bill No.5347 2024):
The Commissioner of Administrative Services shall review, in consultation with the Commissioner of Education, each grant application for a school building project for compliance with educational requirements.
The Commissioner of Administrative Services shall review, in consultation with the Commissioner of Education, 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] specifications.
[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 decisionin Sheffv.
The Commissioner of Education shall evaluate, if appropriate, whether the project will assist the state in meeting its obligations pursuant to the decisionin Sheffv.
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 Administrative Services shall consult with the Commissioner of Education in reviewing grant applications submitted sHB5347 / File No.
The Commissioner of Administrative Services shall review each grant application for a school LCO No.
536 4 sHB5347 File No.
2311 4 of 27 Raised Bill No.5347 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, described in section 10-292r.
536 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 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, described in section 10-292r.
(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 arrangementspursuant to section10-158a, and(F)any other third-party not-for-profit corporationapprovedby theCommissioner of Education.
(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 arrangementspursuant to section10-158a,and(F)any other third-party not-for-profit corporationapprovedby theCommissioner of Education.
(2) [The Commissioner of Administrative Services shall assign each schoolbuilding projectto acategoryonthebasisofwhether suchproject is primarily required to:
(2) [The Commissioner of Administrative Services shall assign each schoolbuilding projectto acategoryon thebasisofwhether suchproject is primarily required to:
(B) create new facilities or alter existing facilities to enhance mandatory instructional LCO No.
(B) create new sHB5347 / File No.
2311 5 of 27 Raised Bill No.5347 programs pursuant to this 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;
536 5 sHB5347 File No.
536 facilities or alter existing facilities to enhance mandatory instructional programs pursuant to this 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;
Each such listing shall include a report on the following factors for LCO No.
Each such listing shall include a report on the following factors for sHB5347 / File No.
2311 6 of 27 Raised Bill No.5347 each eligible project:
536 6 sHB5347 File No.
(i) An enrollment projection and the capacity of the school, including who conducted the enrollment projection for the school and the cost of conducting such enrollment projection, (ii) a substantiation of the estimated total project costs, (iii) the readiness of 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] including who conducted the enrollment projection for the school and the cost of conducting such enrollment projection, (vii) the state's education priorities relating to reducing racial and economic isolation for the school district, and (viii) an estimation of the total ineligible costs for such project.
536 each eligible project:
On and after July 1, 2022, each such listing shall include an addendum that contains all grants approved pursuant to subsection (b) of this section during the prior fiscal year.
(i) An enrollment projection and the capacity of the school, including who conducted the enrollment projection for the school and the cost of conducting such enrollment projection, (ii) a substantiation of the estimated total project costs, (iii) the readiness of 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] including who conducted the enrollment projection for the school and the cost of conducting such enrollment projection, (vii) the state's education priorities relating to reducing racial and economic isolation for the school district, and (viii) an estimation of the total ineligible costs and an itemization of such ineligible costs for such project.
For the period beginning July 1, 2006, and ending June 30, 2012, no project, other than a project for a technical education and career school, may appear on the separate schedule of authorized projects which have changed in cost more than twice.
On and after July 1, 2022, each such listing shall include an addendum that contains all grants approved pursuant to subsection (b) of this section during the prior fiscal year.For the period beginning July 1, 2006, and ending June 30, 2012, no project [, other than a project for a technical education and career school,] may appear on the separate schedule of authorized projects which have changed in cost more than twice.
Notwithstanding any provision of this chapter, no projects which have changed in scope or cost to the degree determined by the Commissioner of Administrative Services, in consultation with the Commissioner of Education, shall be LCO No.
Notwithstanding any provision of this chapter, no projects which have changed in scope or cost to the degree determined by the Commissioner of Administrative Services, in consultation with the Commissioner of Education, shall be sHB5347 / File No.
2311 7 of 27 Raised Bill No.5347 eligible for reimbursement under this chapter unless it appears on such list.
536 7 sHB5347 File No.
536 eligible for reimbursement under this chapter unless it appears on such list.
Any town or regional school district which abandons, sells, leases, demolishes or otherwise redirects the use of such a school building project to other than a public school use or a municipal use during such amortization period shall refund to the state the unamortized balance of the state grant remaining as of the date the abandonment, sale, lease, demolition or redirection occurs.
Any town or regional school district which abandons, sells, leases, demolishes or otherwise redirects the use of such a school building project to other than a public school use or a public use during such amortization period shall refund to the state the unamortized balance of the state grant remaining as of the date the abandonment, sale, lease, demolitionor redirection occurs.
The amortization period for a project shall begin on the date the project was LCO No.
The amortization periodfor a project shall begin on the date the project was accepted as complete by the local or regional board of education.
2311 8 of 27 Raised Bill No.5347 acceptedascompletebythelocalorregionalboardofeducation.Atown or regional school district required to make a refund to the state pursuant to this subdivision may request forgiveness of such refund if the building is redirected for public use.
A town or regional school district required to make a refund to the state pursuant to this sHB5347 / File No.
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536 8 sHB5347 File No.
536 subdivision may request forgiveness of such refund if the building is redirected for public use.
(C) Any moneys refunded to the state pursuant to subparagraphs (A) and (B) of this subdivision shall be deposited in the state's tax-exempt proceeds fund and used not later than sixty days after repayment to pay debt service on, including redemption, defeasance or purchase of, outstanding bonds of the state the interest on which is not included in gross income pursuant to Section 103 of the Internal Revenue Code of LCO No.
(C) Any moneys refunded to the state pursuant to subparagraphs (A) and (B) of this subdivision shall be deposited in the state's tax-exempt proceeds fund and used not later than sixty days after repayment to pay debt service on, including redemption, defeasance or purchase of, outstanding bonds of the state the interest on which is not included in gross income pursuant to Section 103 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended.
2311 9 of 27 Raised Bill No.5347 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended.
sHB5347 / File No.
Sec.
536 9 sHB5347 File No.
536 Sec.
Such modified listing shall be in compliance with the provisions of subsection (a) of section 10-283, as amended by this act, LCO No.
Such modified listing shall be in compliance with the provisions of subsection (a) of section 10-283, as amended by this act, and such standards.
2311 10 of 27 Raised Bill No.5347 and such standards.
Sec.
sHB5347 / File No.
536 10 sHB5347 File No.
536 Sec.
(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 include an attestation from the State Fire Marshal or the Commissioner of Public Health that the school building project plans comply with the requirements of the State Fire Marshal or theDepartment ofPublicHealth, (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 and10-291, asamendedby thisact, (4)it doesnot meet(A)thestandards 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 constructioncost exceedstheper square foot cost for schoolsestablished 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 described in section 10-292r, except the Commissioner of Administrative Services may waive any of the provisionsoftheschoolsafetyinfrastructure criteriaifthecommissioner 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 proposededucationalspecificationsfororthemeoftheprojectforwhich the applicant requests a state grant duplicates a program offered by a LCO No.
(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 include an attestation from the local fire marshal or the Commissioner of Public Health that the school building project plans comply with the requirements of the State Fire Marshal or theDepartment ofPublicHealth, (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 and10-291, asamendedby thisact, (4)it doesnot meet(A)thestandards 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 constructioncost exceedstheper square foot cost for schoolsestablished inregulationsadoptedbytheCommissionerofAdministrativeServices, [for thecounty inwhichtheproject isproposedto belocated,](6) on and after July 1, 2014, the application does not comply with the school safety infrastructure criteria described in section 10-292r, except the Commissioner of Administrative Services may waive any of the provisionsoftheschoolsafetyinfrastructure criteriaifthecommissioner 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 proposededucationalspecificationsfororthemeoftheprojectforwhich the applicant requests a state grant duplicates a program offered by a technical education and career school or an interdistrict magnet school inthesame region,or (8)onandafter July 1,2018,aregionaleducational service center is designated as the project manager in the application.
2311 11 of 27 Raised Bill No.5347 technical education and career school or an interdistrict magnet school inthesame region,or (8)onandafter July 1,2018,aregionaleducational service center is designated as the project manager in the application.
Subsection (e) of section 10-285a of the 2024 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2024):
Subsection (e) of section 10-285a of the 2024 supplement to the general statutes is repealed and the following is substituted in lieu sHB5347 / File No.
536 11 sHB5347 File No.
536 thereof (Effective July 1, 2024):
Subsection (c) of section 10-285b of the general statutes is LCO No.
Subsection (c) of section 10-285b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2024):
2311 12 of 27 Raised Bill No.
(c) In order for an incorporated or endowed high school or academy to be eligible for a grant commitment pursuant to this section such high school or academy shall [(1)] provide educational services to the town or towns designating it as the high school for such town or towns for a sHB5347 / File No.
5347 repealed and the following is substituted in lieu thereof (Effective July 1, 2024):
536 12 sHB5347 File No.
(c) In order for an incorporated or endowed high school or academy to be eligible for a grant commitment pursuant to this section such high school or academy shall [(1)] provide educational services to the town or towns designating it as the high school for such town or towns for a period of not less than ten years after completion of grant payments under this section.
536 period of not less than ten years after completion of grant payments under this section.
A constructionmanager or constructionadministrator shallnot beentitled to any additional compensation beyond the guaranteed maximum price for the cost of construction, as included in the contract pursuant to subparagraph (B) of subdivision (3) of subsection (b) of section 10-287, as amended by this act, as a result of any change order or other change LCO No.
A constructionmanager or constructionadministrator shallnot beentitled to any additional compensation beyond the guaranteed maximum price for the cost of construction, as included in the contract pursuant to subparagraph (B) of subdivision (3) of subsection (b) of section 10-287, as amended by this act, as a result of any ineligible costs, change order or other change directive issued for such project.
2311 13 of 27 Raised Bill No.5347 directive issued for such project.
Section 10-286e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2024):
(a) If the Department of Administrative Services does not complete an audit of a school building project during the [five-year] two-year period from the date the school district files a notice of project completionwiththedepartment,thedepartment shall conduct alimited sHB5347 / File No.
536 13 sHB5347 File No.
536 scope audit of such project.
The limited scope audit shall review (1) the total amount of expenditures reported, (2) any off-site improvements, (3) adherence to authorized space specifications, (4) interest costs on temporary notes and bonds, and (5) any other matter the Commissioner of Administrative Services deems appropriate.
(b) The department shall not make any adjustment to a school construction grant based on the result of an audit finding that a change order was not publicly bid.
(c) Notwithstanding the provisions of this section, the Commissioner of Administrative Services may waive any audit deficiencies found during an audit of a school building project conducted pursuant to this section if the commissioner determines that granting such waiver is in the best interest of the state.
Sec.
11.
Such process shall, at a minimum, involve requests for qualifications, followed by requests for proposals, including fees, from the proposers meeting the qualifications criteria of the request for qualifications process.
Such process shall, at a minimum, involve requests for qualifications, sHB5347 / File No.
536 14 sHB5347 File No.
536 followed by requests for proposals, including fees, from the proposers meeting the qualifications criteria of the request for qualifications process.
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, including any subcontractors to be utilized by the proposer, for the order or contract, past performance data, including, but not LCO No.
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, 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 ofchange ordersfor projects,theapproachto thework required for the order or contract and documented contract oversight capabilities, and may include criteria specific to the project.
2311 14 of 27 Raised Bill No.5347 limited to, adherence to project schedules and project budgets and the number ofchange ordersfor projects,theapproachto thework required for the order or contract and documented contract oversight capabilities, and may include criteria specific to the project.
Following the qualification process, the awarding authority shall evaluate the proposals to determine [the four] at least three of the most responsible qualified proposers using those criteria previously listed in the requests for qualifications and requests for proposals for selecting construction management services specific to the project or school district.
Following the qualification process, the awarding authority shall evaluate the proposals to determine [the four] at least three of the most responsible qualified proposers using those criteria previously listed in the requests for qualifications and requests for proposals for selecting construction management services specific to sHB5347 / File No.
536 15 sHB5347 File No.
536 the project or school district.
Final selection by the awarding authority is limited to the pool of [the four] at least three of the most responsible LCO No.
Final selection by the awarding authority is limited to the pool of [the four] at least three of the most responsible qualified proposers and shall include consideration of all criteria included within the request for proposals.
2311 15 of 27 Raised Bill No.5347 qualified proposers and shall include consideration of all criteria included within the request for proposals.
A construction manager shall not be entitled to any additional compensation beyond such guaranteed maximumprice as a result ofany change order orother change directive issued for the school building project.
A construction manager shall not be entitled to any additional compensation beyond such guaranteed maximum price as a result of any ineligible costs, change order or other change directive issued for the school building project.
The construction manager shall, after consultation and approval by the 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, providedthat (i)theconstructionmanager shallnot beeligibletosubmit a bid for any such project element, and (ii) construction shall not begin prior to the determination of the guaranteed maximum price, except work relating to site preparation and demolition may commence prior to such determination.
The construction manager shall, after consultationandapprovalbythetownorregionalschooldistrict,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)] constructionshallnotbeginpriortothedeterminationoftheguaranteed maximum price.
On and after July 1, 2024, the construction manager's contract shall include a requirement that the construction manager shall retain all documents and receipts relating to the school building project for a period of two years following the date of completion of an audit conducted by the Department of Administrative Services pursuant to section 10-287, as amended by this act, for such project.
[, except work relating to site preparation and demolition may commence prior to such determination.] On and after sHB5347 / File No.
(C) The construction manager shall submit quarterly reports regarding the ineligible project costs for the school building project to LCO No.
536 16 sHB5347 File No.
2311 16 of 27 Raised Bill No.5347 date to the town or regional board of education and the Commissioner of Administrative Services.
536 July 1, 2024, the construction manager's contract shall include a requirement that the construction manager retain all documents and receipts relating to the school building project for a period of two years following the date of completion of an audit conducted by the Department of Administrative Services pursuant to section 10-287, as amended by this act, for such project.
(C) The construction manager shall submit quarterly reports regarding the ineligible project costs for the school building project to date to the town or regional board of education and the Commissioner of Administrative Services.
No costs associated with an order or contract for such consultant services shall be eligible for state financial assistance under this chapter unless such order or contract receives prior approval from the Commissioner of Administrative Services.
No costs associated with an order or contract for such consultant services shall be eligible for state financial assistance under this chapter unless such order or contract receives prior approval from the Commissioner of Administrative Services in writing or through a written electronic communication.
11.
12.
If a town orregionalschooldistrictfailstosubmitafinalgrantapplication [within said period of time] on or before such one-year date, the commissioner may withhold ten per cent of the state reimbursement for such project.
If a town orregionalschooldistrictfailstosubmitafinalgrantapplication [within said period of time] on or before such one-year date, the commissioner sHB5347 / File No.
536 17 sHB5347 File No.
536 may withhold ten per cent of the state reimbursement for such project.
If a town or regional school district fails to submit such notice of project completion [within said period of time] on or before such one- LCO No.
If a town or regional school district fails to submit such notice of project completion [within said period of time] on or before such one- year date, the commissioner shall deem such project completed and conduct an audit of such project in accordance with the provisions of this chapter.
2311 17 of 27 Raised Bill No.5347 year date, the commissioner shall deem such project completed and conduct an audit of such project in accordance with the provisions of this chapter.
12.
13.
For any project authorized on or after July 1, 2024, the Department of Administrative Services shall withhold five per cent of a grant if the commissioner determines that the applicant has failed to comply with the provisions of subdivision (3) of subsection (b) of section 4a-60g relating to minority business enterprises.
For any project authorized on or after July 1, 2024, the Department of Administrative Services shall withhold five per cent of a grant if the commissioner determines that the applicant has failed to comply with the provisions of subdivision (3) of subsection (b) of section 4a-60g sHB5347 / File No.
The Department of Administrative Services shall withhold [five] eleven per cent of a grant pending completion of an audit pursuant to section 10-287, as amended by this act, provided, if the department is unable to complete the required audit within six months of the date a request for final payment is filed, the applicant may have an independent audit performed and LCO No.
536 18 sHB5347 File No.
2311 18 of 27 Raised Bill No.5347 include the cost of such audit in the eligible project costs.
536 relating to minority business enterprises.
The Department of Administrative Services shall withhold [five] eleven per cent of a grant pending completion of an audit pursuant to section 10-287, as amended by this act, provided, if the department is unable to complete the required audit within six months of the date a request for final payment is filed, the applicant may have an independent audit performed and include the cost of such audit in the eligible project costs.
13.
14.
(3) In the case of a major alteration, renovation or extension of a building to be used for public school purposes, the plans do not incorporate the guidelines set forth in the Sheet Metal and Air Conditioning Contractors National Association's publication entitled "Indoor Air Quality Guidelines for Occupied Buildings Under Construction" or similar subsequent publications;
(3) In the case of a major alteration, renovation or extension of a building to be used for public school purposes, the plans do not incorporate the guidelines set forth in the Sheet Metal and Air Conditioning Contractors National Association's publication entitled sHB5347 / File No.
(4) In the case of a new construction, extension, renovation or replacement, the plans do not provide that the building maintenance LCO No.
536 19 sHB5347 File No.
2311 19 of 27 Raised Bill No.5347 staff responsible for such facility are trained in or are receiving training in, or that the applicant plans to provide training in, the appropriate areas of plant operations including, but not limited to, heating, ventilation and air conditioning systems pursuant to section 10-231e, with specific training relative to indoor air quality;
536 "Indoor Air Quality Guidelines for Occupied Buildings Under Construction" or similar subsequent publications;
(4) In the case of a new construction, extension, renovation or replacement, the plans do not provide that the building maintenance staff responsible for such facility are trained in or are receiving training in, or that the applicant plans to provide training in, the appropriate areas of plant operations including, but not limited to, heating, ventilation and air conditioning systems pursuant to section 10-231e, with specific training relative to indoor air quality;
or (8) In the case of a project for new construction of a school building on any listing submitted to the General Assembly in accordance with section 10-283, as amended by this act, on or after July 1, 2025, the plans do not provide for an all-gender bathroom.
or (8) In the case of a project for new construction of a school building on any listing submitted to the General Assembly in accordance with sHB5347 / File No.
536 20 sHB5347 File No.
536 section 10-283, as amended by this act, on or after July 1, 2025, the plans do not provide for an all-gender bathroom.
14.
15.
Section 10-292v of the general statutes is repealed and the LCO No.
Section 10-292v of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2024):
2311 20 of 27 Raised Bill No.5347 following is substituted in lieu thereof (Effective July 1, 2024):
15.
16.
A local or regional board of education may submit an application to the office, in accordance with the provisions of subsection (b) of this section, and [may] shall receive (1) a grant for capital expenses in an amount not to exceed seventy-five thousand dollars per classroom for costs related to the renovation of an existing public school to accommodate the establishment or expansion of a preschool program, and (2) an annual grant for operating expenses (A) in an amount not to exceed five thousand dollars per child served by such grant, or (B) in an amount not to exceed seventy-five thousand dollars for each preschool classroom, provided no town shall receive a total annual grant for operating expenses greater than three hundred thousand dollars.
A local or regional board of education may submit an application to the office, in accordance with the provisions of subsection (b) of this section, and [may] shall, upon approval of such application, receive (1) a grant for capital expenses in an amount not to exceed seventy-five thousand dollars per classroom for costs related to the renovation of an existing public school to accommodate the establishment or expansion of a preschool program, and (2) an annual grant for operating expenses (A) in an amount not to exceed five thousand dollars per child served by such grant, or (B) in an amount not to exceed seventy-five thousand dollars for each preschool classroom, provided no town shall receive a total annual grant for operating expenses greater than three hundred thousand dollars.
Each local or regional board of education that establishes or expands a preschool program under this section shall [be eligible to] receive an annual grant for operating expenses for a period of five years, provided such preschool program meets standards established by the Commissioner of Early Childhood.
Each local or regional board of education that establishes or expands a preschool program under this section shall [be eligible to] receive an sHB5347 / File No.
Such local or LCO No.
536 21 sHB5347 File No.
2311 21 of 27 Raised Bill No.5347 regional board of education may submit an application for renewal of such grant to the office.
536 annual grant for operating expenses for a period of five years, provided such preschool program meets standards established by the Commissioner of Early Childhood.
Such local or regional board of education may submit an application for renewal of such grant to the office.
16.
17.
Such criteria shall include, but need not be limited to, (A) the age and condition of the current heating, ventilation and air conditioning system or equipment being replaced or upgraded in the school, (B) current air quality issues at the school, (C) LCO No.
Such criteria shall include, but need not be limited to, (A) the age and condition of the current heating, ventilation and air conditioning system or equipment being replaced or sHB5347 / File No.
2311 22 of 27 Raised Bill No.5347 the age and condition of the overall school building, (D) the school district's master plan, (E) the availability of maintenance records, (F) a contract or plans for the routine maintenance and cleaning of the heating, ventilation and air conditioning system, and (G) the [local or regional board of education's or regional educational service center's] ability of the local or regional board of education, regional educational servicecenter,incorporatedorendowedhighschooloracademyorstate charter school to finance the remainder of the costs for such project after receiving a grant under the program.
536 22 sHB5347 File No.
536 upgraded in the school, (B) current air quality issues at the school, (C) the age and condition of the overall school building, (D) the school district's master plan, (E) the availability of maintenance records, (F) a contract or plans for the routine maintenance and cleaning of the heating, ventilation and air conditioning system, and (G) the [local or regional board of education's or regional educational service center's] ability of the local or regional board of education, regional educational servicecenter,incorporatedorendowedhighschooloracademyorstate charter school to finance the remainder of the costs for such project after receiving a grant under the program.
LCO No.
sHB5347 / File No.
2311 23 of 27 Raised Bill No.5347 (2) A regional board of education may receive a grant equal to a percentage of its eligible expenses.
536 23 sHB5347 File No.
536 (2) A regional board of education may receive a grant equal to a percentage of its eligible expenses.
(3) A regional educational service center may receive a grant equal to a percentage ofits eligible expenses.The percentage shallbedetermined by its ranking.
(3) A regional educational service center may receive a grant equal to a percentage ofitseligible expenses.The percentage shallbedetermined by its ranking.
LCO No.
[(4)] (5) The local board of education for (A) any town with a total sHB5347 / File No.
2311 24 of 27 Raised Bill No.5347 [(4)] (5) The local board of education for (A) any town with a total population of eighty thousand or greater shall receive a grant equal to a percentage of its eligible expenses that is the greater of the percentage calculated pursuant to subdivision (1) of this subsection or sixty per cent, and (B) the town of Cheshire shall receive a grant equal to a percentage of its eligible expenses that is the greater of the percentage calculated pursuant to subdivision (1) ofthis subsectionor fifty per cent.
536 24 sHB5347 File No.
536 population of eighty thousand or greater shall receive a grant equal to a percentage of its eligible expenses that is the greater of the percentage calculated pursuant to subdivision (1) of this subsection or sixty per cent, and (B) the town of Cheshire shall receive a grant equal to a percentage of its eligible expenses that is the greater of the percentage calculated pursuant to subdivision (1) ofthis subsectionor fifty per cent.
(g) Any project for the installation, replacement or upgrading of heating, ventilation and air conditioning systems or other LCO No.
(g) Any project for the installation, replacement or upgrading of heating, ventilation and air conditioning systems or other improvementstoindoorairquality inschoolbuildingsforwhichagrant is awarded under this section shall be completed by the end of the next calendar year, unless the duration of such project is extended by the sHB5347 / File No.
2311 25 of 27 Raised Bill No.
536 25 sHB5347 File No.
5347 improvementstoindoorairqualityinschoolbuildingsforwhichagrant is awarded under this section shall be completed by the end of the next calendar year, unless the duration of such project is extended by the commissioner upon a showing of good cause by the local or regional board of education or regional educational service center.
536 commissioner upon a showing of good cause by the local or regional board of education or regional educational service center.
3 July 1, 2024 10-283(d) July 1, 2024 Sec.
3 July 1, 2024 10-283(d) Sec.
4 10-283a Sec.
4 July 1, 2024 10-283a Sec.
6 July 1, 2024 10-285a(e) LCO No.
6 July 1, 2024 10-285a(e) Sec.
2311 26 of 27 Raised Bill No.
5347 Sec.
10 July 1, 2024 10-287(b) Sec.
10 July 1, 2024 10-286e Sec.
11 July 1, 2024 10-287(d) Sec.
11 July 1, 2024 10-287(b) sHB5347 / File No.
12 July 1, 2024 10-287i Sec.
536 26 sHB5347 File No.
13 July 1, 2024 10-291(b) Sec.
536 Sec.
14 July 1, 2024 10-292v Sec.
12 July 1, 2024 10-287(d) Sec.
15 July 1, 2024 10-506(a) Sec.
13 July 1, 2024 10-287i Sec.
16 July 1, 2024 10-265r Statement of Purpose:
14 July 1, 2024 10-291(b) Sec.
To authorize state grant commitments for school building projects and make revisions to the school building project statutes.
15 July 1, 2024 10-292v Sec.
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.
16 July 1, 2024 10-506(a) Sec.
2311 27 of 27
17 July 1, 2024 10-265r ED Joint Favorable Subst.
C/R FIN FIN Joint Favorable Subst.
sHB5347 / File No.
536 27 sHB5347 File No.
536 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 25 $ FY 26 $ Treasurer, Debt Serv.
GF - Cost See Below See Below Office of Early Childhood GF - Cost See Below See Below Note:
GF=General Fund Municipal Impact:
Municipalities Effect FY 25 $ FY 26 $ Various Municipalities;
Local and See Below See Below See Below Regional School Districts Explanation School Construction The bill approves a net increase of $544 million in state grant commitments for school construction projects, which represents potential reimbursement costs for the state and revenue gain for the specified municipalities.
The grants-in-aid will be financed through the issuance of General Obligation (GO) bonds in future fiscal years.
The bill does not authorize new GO bonds.
The projected debt service cost to the General Fund to issue $544 million of GO bonds at market rates is $779 million.
The bill also makes several changes that may impact project costs and reimbursement levels, which in turn would affect levels of state reimbursement and municipal revenue gain.
These changes include increasing the reimbursement rate for early childhood programs from five percentage points to fifteen percentage points, increasing the sHB5347 / File No.
536 28 sHB5347 File No.
536 reimbursement rate for the capital costs of full day kindergarten in priority school districts from ten percentage points to fifteen percentage points, and changing various audit deadlines and increasing the audit holdback from 5% to 11%.
The impact of changes to costs for future projects on the school construction priority list will be reflected when such projects are considered by the legislature in the future.
The bill also expands the allowable uses for a school building that received funding within the last 10 or 20 years, dependent on the type of project, without needing to repay the state for a portion of the project reimbursements.
The fiscal impact is indeterminate, as it is based on future municipal decisions.
School Air Quality The bill makes several changes that expand eligible awards under the school air quality grant program, along with requiring reconsideration of any unsuccessful applications submitted prior to July 1, 2024.
To the extent school districts seek and are awarded funds for projects under the expanded eligibility, this could result in both potential revenue gainfor schooldistricts andincreasedor morerapiduse of state funds authorized for the program.
The program is primarily funded through General Obligation (GO) bond funds.
Future General Fund debt service costs may be incurred sooner under the bill to the degree that it causes authorized GO bond funds to be expended or to be expended more rapidly than they otherwise would have been.
$225 million has been allocated for the program since April 2023.
An additional $150 million of GO bonds become effective on July 1, 2024 under current law.
The bill does not change GO bond authorizations relevant to the program.
of 130 project applications were not awarded funding in FY 23.
Awards for FY 24 are pending.
$75 million of American Rescue Plan Act (ARPA) funds were also allocated to the program.
sHB5347 / File No.
536 29 sHB5347 File No.
536 Smart Start The bill results in a cost to the Office of Early Childhood (OEC) and General Fund debt service, and corresponding revenue gain to school districts, due to requiring that Smart Start grants be provided to school districts upon approval of an application.
The extent of the cost depends on the number of approved applications and classroom needs.
Smart Start includes separate grants for both operations and capital improvement.
For context, an annual grant for operating expenses cannot exceed $5,000 per child served by such grant, or $75,000 for each preschool classroom.
The maximum total annual grant for operating expenses cannot exceed $300,000 per town.
Operating grants are paid using the General Fund.
In addition to the operating grant limits, capital grants cannot exceed $75,000 per classroom renovated.
Capital grants for the Smart Start programare funded throughGO bondfunds.
Future GeneralFunddebt service costs may be incurred sooner under the bill to the degree that it causes authorized GO bond funds to be expended or to be expended morerapidly thantheyotherwise wouldhavebeen.AsofMarch1,2024, the unallocated bond balance available under the relevant authorization is$45 million.The bill doesnot change GO bondauthorizationsrelevant to the program.
The Out Years The ongoing fiscal impact identified above will continue into the future subject to future municipal decisions, applications for the school construction, school air quality, and Smart Start programs, and the terms of any bonds issued.
sHB5347 / File No.
536 30 sHB5347 File No.
536 OLR Bill Analysis sHB 5347 AN ACT CONCERNING AUTHORIZATION OF STATE GRANT COMMITMENTS FOR SCHOOL BUILDING PROJECTS AND REVISIONS TO THE SCHOOL BUILDING PROJECTS STATUTES.
TABLE OF CONTENTS:
SUMMARY § 1 — PRIORITY LIST GRANT COMMITMENTS Authorizes 11 school construction state grant commitments totaling $470.2 million toward total estimated project costs of $583.3 million;
reauthorizesthreeprojectswithanadditionalstategrantcommitment of $73.9 million §§ 2-5 — PRIORITY LIST REQUIREMENTS Requires that the priority list include additional information about enrollment projections;
allows school boards to redirect a school building project to a public use during the grant amortization period;
eliminates requirement that DAS assign categories to school building projects;
requires applicants to secure funding for all project costs;
modifies reasons for which DAS may disapprove an application §§ 6 & 7 — REIMBURSEMENT RATE INCREASES FOR CERTAIN EARLY CHILDHOOD PROJECTS Increases the reimbursement rate bonus to 15 percentage points for certain elementary and early childhood projects § 8 — GRANTS TO ENDOWED ACADEMIES Eliminates a requirement that an endowed academy’s governing board meet specified composition requirements to be eligible for a grant §§ 9 & 11 — CONSTRUCTION MANAGERS AND CONSULTANTS Prohibits construction managers and administrators from receiving additional compensation for certain change orders;
eliminates prohibition on construction managers bidding on project elements;
requires that consultant awards be made from a pool of at least three sHB5347 / File No.
536 31 sHB5347 File No.
536 of the most responsible qualified proposers;
requires construction managers to report on ineligible costs §§ 10, 12 & 13 — PROJECT AUDITS Increases, from 5% to 11%, the percentage of a grant DAS must withhold pending completion of an audit;
shortens certain audit and post-project completion deadlines § 14 — ALL-GENDER BATHROOMS Prohibits DAS from including new construction projects on the priority list if the project plans do not provide for an all-gender bathroom § 15 — SCHOOL BUILDING COMMITTEE MEMBERSHIP Requires that school building committees include the school board chair or a designee § 16 — SMART START Requires, rather than allows, school districts to receive a Smart Start grant upon approval of the application § 17 — INDOOR AIR QUALITY GRANTS Makes endowed academies and state charter schools eligible for grants;
authorizes grants for inspections and evaluations;
requires DAS to reconsider previously rejected grant applications in FYs 25 and 26 SUMMARY This bill authorizes school construction state grant commitments totaling $470.2 million toward total estimated project costs of $583.3 million.
It also reauthorizes three projects that have changed substantially in scope and cost with an additional state grant commitment of $73.9 million.
The bill also makes numerous changes in the school building project and related statutes (§§ 2-17), including the following:
1.
increasing, from five to 15 percentage points, the bonus rate for projects that include space for certain early childhood programs and expanding the types of programs eligible for the bonus rate (§ 6);
sHB5347 / File No.
536 32 sHB5347 File No.
536 2.
increasing, from 10 to 15 percentage points, the bonus rate for projects relating to (1) the Early Reading Success program or (2) full-day kindergarten or preschool in priority school districts or priority schools (§ 7);
3.
prohibiting construction managers from receiving additional compensation beyond the project’s guaranteed maximum price as a result of a change order, ineligible costs, or other change directive (§§ 9 & 11);
4.
increasing, from 5% to 11%, the percentage of a grant the Department of Administrative Services (DAS) must withhold pending completion of an audit (§ 13);
5.
requiring that school districts, upon approval of a Smart Start grant application, receive grants for capital and operating expenses to expand or establish preschool programs (under current law they “may” receive these grants) (§ 16);
6.
making endowed academies and state charter schools eligible for indoor air quality grants (§ 17);
7.
allowing, under certain conditions, indoor air quality grants for uniform inspection and evaluation of existing heating, ventilation, and air conditioning (HVAC) systems (§ 17);
and 8.
requiring DAS, for FYs 25 & 26, to reconsider any rejected application that a school board or regional education service center (RESC) submitted before July 1, 2024 (§ 17).
The bill also makes minor, technical, and conforming changes, including repealing obsolete language.
Among other things, it conforms the law to current practice by requiring DAS to review applications in consultation with the State Department of Education (SDE) (§ 2).
(Generally, SDE reviews applications for compliance with specified educational requirements.) EFFECTIVE DATE:
July 1, 2024, except that the grant commitments sHB5347 / File No.
536 33 sHB5347 File No.
536 for priority list projects are effective upon passage.
§ 1 — PRIORITY LIST GRANT COMMITMENTS Authorizes 11 school construction state grant commitments totaling $470.2 million toward total estimated project costs of $583.3 million;
reauthorizes three projects with an additional state grant commitment of $73.9 million The bill authorizes school construction state grant commitments totaling $470.2 million toward total estimated project costs of $583.3 million.
It also reauthorizes three projects that have changed substantially in scope and cost with an additional state grant commitment of $73.9 million.
Under the state school construction grant program, the state reimburses towns and local districts for a percentage of eligible school construction costs through state general obligation bonds (with less wealthy municipalities receiving a higher reimbursement).
The municipalities pay the remaining costs.
For the state-operated Connecticut Technical Education and Career System, also known as the technical high schools, the state pays 100% of the project costs.
School Construction Grant Commitments For each project authorized by the bill, the table below shows the district, school, project type, estimates for total cost and state grant commitment, and state reimbursement rate.
Table:
2024 School Construction Grant Commitments District School Project Estimated Estimated Reimbursement Type Project Costs Grant Rate Edgewood Bristol Pre-K Renovation $16,803,560 $11,701,999 69.64% Academy New Early Magnet/ Childhood Alteration/ LEARN School at 51 Purchase 95,736,656 76,589,325 80% Daniels of Facility Avenue South School – Stamford Upper New 85,871,466 51,522,880 60% Stamford South School – New 72,463,942 43,478,365 60% Lower sHB5347 / File No.
536 34 sHB5347 File No.
536 District School Project Estimated Estimated Reimbursement Type Project Costs Grant Rate Bristol Central Bristol High School Alteration 1,426,955 993,731 69.64% Culinary Arts Bristol Eastern Bristol High School Alteration 1,448,285 1,008,586 69.64% Culinary Arts Danbury Danbury High Alteration 16,500,000 10,429,650 63.21% School Montessori Hartford Magnet at Renovation 102,569,302 97,440,837 95% Batchelder S.A.N.D.
Hartford Elementary Renovation 82,837,086 78,695,232 95% School Maria C.
Colon Sanchez Hartford Elementary Renovation 96,945,196 92,097,936 95% School Newington John Wallace Renovation 10,717,573 6,277,283 58.57% Middle School Totals $583,319,021 $470,235,223 Reauthorized Projects The bill also reauthorizes three school construction projects with a change in cost and scope, resulting in an additional state grant commitment of $73,910,096.
The table below describes the changes to these projects.
Table:
Reauthorized School Construction Projects District School Current Law The Bill Reimbursement and Rate Project Hartford Betances Estimated $43,709,774 $66,825,200 95% Learning project Lab costs Magnet Estimated 41,524,285 63,483,940 School state grant Hartford Fred D.
Estimated 49,320,000 67,290,900 95% Wish project Museum costs sHB5347 / File No.
536 35 sHB5347 File No.
536 School Estimated 46,854,000 63,926,355 state grant Hartford E.B.
Estimated 51,146,225 88,130,000 95% Kennelly project School costs Estimated 48,845,414 83,723,500 state grant §§ 2-5 — PRIORITY LIST REQUIREMENTS Requires that the priority list include additional information about enrollment projections;
allows school boards to redirect a school building project to a public use during the grant amortization period;
eliminates requirement that DAS assign categories to school building projects;
requires applicants to secure funding for all project costs;
modifies reasons for which DAS may disapprove an application Project Report (§ 2) The law requires DAS to annually submit the priority list to the legislature, governor, and Office of Policy and Management secretary in December.
For each project, the list must include enrollment and capacity projections for (1) the school receiving the grant and (2) all schools under the applicable school board’s jurisdiction (for the eight years following the application date in the latter case).
The bill additionally requires that the report include (1) who conducted the enrollmentprojectionsandtheircostand(2)anestimateanditemization of each project’s ineligible costs.
Projects Redirected for Public Use (§ 2) Existing law establishes a 10- or 20-year amortization period (depending on the grant amount) for school building project grants and generally requires school boards to repay the unamortized balance if they abandon, sell, lease, demolish, or redirect the project’s use during the amortization period to anything other than a school use.
The bill additionally allows school boards to redirect the project to a public use during the amortization period without triggering the repayment requirement.
(Current law allows towns to seek forgiveness of the unamortized balance if they redirect the project for a public use.) Project Categories (§§ 2 & 4) The bill eliminates a requirement that DAS assign school building sHB5347 / File No.
536 36 sHB5347 File No.
536 projects to one of three categories and makes conforming changes.
Generally, the categories are based on whether the project provides mandatory instructional facilities, enhances these facilities, or provides supportive services.
Local Funding Authorization (§ 3) Current law prohibits DAS from adding a project to the priority list unless the applicant, before applying, has either secured funding authorization for the local share of project costs or has scheduled and prepared a referendum for which results will be submitted by November 15 in the application year.
The bill instead requires applicants to secure funding authorization for the total project costs.
Project Review (§ 5) Current law allows the DAS commissioner to disapprove a grant application if, among other things, it does not comply with the state fire marshal’s or Department of Public Health’s (DPH) requirements.
The bill instead allows her to disapprove an application if it does not include an attestation from the local fire marshal or DPH commissioner that the project plans comply with these requirements.
§§ 6 & 7 — REIMBURSEMENT RATE INCREASES FOR CERTAIN EARLY CHILDHOOD PROJECTS Increases the reimbursement rate bonus to 15 percentage points for certain elementary and early childhood projects Current law gives a five-percentage-point reimbursement rate increase for new or expansion elementary school building projects that include space for a school readiness program.
The bill (1) increases this bonus rate to 15 percentage points and (2) broadens its availability to include an early childhood care and education program providing services for children from birth to age five.
As under existing law, recipient districts must maintain the program for at least 10 years (§ 6).
The bill also increases, from 10 to 15 percentage points, the reimbursement rate bonus for elementary school projects relating to (1) full-day kindergarten or preschool in priority school districts or priority schools or (2) reducing class sizes under the Early Reading Success sHB5347 / File No.
536 37 sHB5347 File No.
536 program.
It specifies that a recipient district’s overall reimbursement rate cannot exceed 100% (§ 7).
§ 8 — GRANTS TO ENDOWED ACADEMIES Eliminates a requirement that an endowed academy’s governing board meet specified composition requirements to be eligible for a grant By law, an endowed academy that functions as a public high school under state law is eligible for school construction grants (i.e., Gilbert School, Norwich Free Academy, and Woodstock Academy).
The bill eliminates a requirement that, to be eligible for a school construction grant, at least half of the members of an endowed academy’s governing board, other than its chairperson, represent the school boards of the towns that designate them as their high schools.
It retains the requirement that the academies provide school facilities to those towns for at least 10 years after the last grant payment.
§§ 9 & 11 — CONSTRUCTION MANAGERS AND CONSULTANTS Prohibits construction managers and administrators from receiving additional compensation for certain change orders;
eliminates prohibition on construction managers bidding on project elements;
requires that consultant awards be made from a pool of at least three of the most responsible qualified proposers;
requires construction managers to report on ineligible costs Construction Manager and Administrator Compensation The bill prohibits school building project construction managers and construction administrators from receiving additional compensation beyond the project’s guaranteed maximum price (GMP, see below) because of a change order, ineligible costs, or other change directive.
GMP and Construction Managers Underexistinglaw,theconstructionmanager’scontractmustinclude a GMP for construction costs.
This price must be determined no later than 90 days after selecting trade subcontractor bids.
The bill (1) eliminates current law’s prohibition on construction managers bidding on project elements and (2) prohibits construction from beginning before the GMP is determined.
Current law allows site preparation and demolition work to occur before the GMP is determined.
sHB5347 / File No.
536 38 sHB5347 File No.
536 Consultant and Construction Management Services Award Process Current law requires that contracts for school building project architectural services be awarded from a pool of up to the four most responsible qualified proposers after a public selection process.
The bill instead requires that the award be from a pool of at least three of the most responsible qualified proposers and makes conforming changes.
Among other things, the awarding authority must determine at least three of the most responsible qualified proposers after the qualification process (rather than the four most responsible qualified proposers) and award the contract to one of these proposers.
Under the bill, this change also applies to contracts for (1) construction management services and (2) other consultant services, including services rendered by an owner’s representatives, construction administrators, program managers, environmental professionals, planners, and financial specialists.
The bill requires that DAS approval of orders or contracts for these consultants be in writing or through written electronic communication for the costs to be eligible for state funding.
Construction Manager Reporting and Document Retention The bill requires that construction manager contracts include a requirement to retain all documents and receipts for two years following the date DAS completes the project audit (see below).
It also requiresconstructionmanagersto submit to schoolboards and DAS (1) quarterly reports regarding ineligible project costs to date and (2) a final report on total ineligible costs.
It must submit this final report upon submitting the notice of project completion and before DAS audits the project.
§§ 10, 12 & 13 — PROJECT AUDITS Increases, from 5% to 11%, the percentage of a grant DAS must withhold pending completion of an audit;
shortens certain audit and post-project completion deadlines The bill increases, from 5% to 11%, the percentage of an applicant’s reimbursement grant DAS must withhold pending completion of a sHB5347 / File No.
536 39 sHB5347 File No.
536 project audit.
Existing law requires DAS to complete the audit within six months after a request for the final payment, or the applicant may have an independent audit performed and include the audit cost in the eligible project cost.
The law requires towns and regional school districts to submit a notice of project completion for a school building project after issuing a certificate of occupancy for the project.
The bill shortens, from within three years to within one year after this issuance, the deadline by which towns and regional districts must submit the notice.
By law, DAS must deem the project completed and conduct the audit if the town or district does not submit the notice by the required deadline.
Under current law, if DAS does not complete an audit within five years after receiving a notice of project completion, then it must conduct a limited scope audit (e.g., a review of total reported expenditures and adherence to authorized space specifications).
The bill moves up the time at which DAS must conduct the limited scope audit to two years after receiving the notice.
§ 14 — ALL-GENDER BATHROOMS Prohibits DAS from including new construction projects on the priority list if the project plans do not provide for an all-gender bathroom Beginning July 1, 2025, the bill prohibits DAS from including new construction projects on the priority list if the project plans do not provide for an all-gender bathroom.
§ 15 — SCHOOL BUILDING COMMITTEE MEMBERSHIP Requires that school building committees include the school board chair or a designee The bill requires that local school building committees include the school board chair for the project’s district or a designee.
Under existing law, the committee must have at least one member with experience in the construction industry.
Among other things, the committees approve project plans (CGS § 10-291).
§ 16 — SMART START sHB5347 / File No.
536 40 sHB5347 File No.
536 Requires, rather than allows, school districts to receive a Smart Start grant upon approval of the application The bill requires that school districts, upon approval of a Smart Start grant application, receive grants for capital and operating expenses to expand or establish preschool programs.
Current law allows (rather than requires) districts to receive these grants.
§ 17 — INDOOR AIR QUALITY GRANTS Makes endowed academies and state charter schools eligible for grants;
authorizes grants for inspections and evaluations;
requires DAS to reconsider previously rejected grant applications in FYs 25 and 26 Endowed Academies and Charter Schools The law allows school boards or regional educational service centers (RESC) to apply to DAS for grants to reimburse costs for projects to install, replace, or upgrade HVAC systems or related improvements.
The bill extends eligibility for these grants to endowed academies and state charter schools and makes conforming changes.
As under existing law for school boards and RESCs, DAS must consider the academy’s or charter school’s ability to finance the remainder of the project costs.
Under the bill, endowed academies must receive the same reimbursement rate for indoor air quality grants as they do for school building project grants under existing law.
Generally, this percentage may be up to 85%, based on the weighting of the reimbursement rates of towns that have designated the academy as their high school, rounding to the next higher whole number and adding 5% (CGS § 10- 285b).
The bill does not specify how grant amounts are determined for state charter schools.
Reconsideration of Rejected Applications The bill requires DAS, for FYs 25 and 26, to reconsider any rejected application that a school board or RESC submitted before July 1, 2024.
The bill specifies that the school board or RESC does not need to submit anewapplicationforreconsiderationunlessthe(1)previousapplication was denied for being incomplete or (2) DAS commissioner determines that additional information or revisions are needed.
Under the bill, DAS must provide technical assistance to school boards and RESCs during sHB5347 / File No.
536 41 sHB5347 File No.
536 the reconsideration period.
State Grants for HVAC Inspections The law requires school boards to complete a uniform inspection and evaluation of their school buildings’ HVAC systems.
Current law prohibits the DAS commissioner from awarding grants for HVAC or indoor air quality improvements to school districts that have not certified compliance with the law’s inspection and evaluation requirements.
The bill makes an exception by allowing the commissioner to award grants to reimburse the cost of performing the inspections and evaluations.
Like current law, the bill prohibits her from awarding other grants under the program if the district has not certified compliance with the inspection and evaluation requirements.
(Once in compliance, a district may receive the other HVAC grants for repair, upgrading, and installation work.) Background — Related Bills sSB 287 (File 213), reported favorably by the Education Committee, also allows grants for indoor air quality inspections and evaluations;
it additionally extends the deadline for completing them as well as the reporting deadline for the working group studying this issue.
sSB 288 (File 214), reported favorably by the Education Committee, makes several changes in the school building project statutes, including specifying procedural requirements for receiving the five-percentage- point bonus for being an “inclusive municipality.” sHB 5052 (File 358), reported favorably by the Energy and Technology Committee, excludes certain energy-related funds from the state funds that must be subtracted from the total project cost when calculating a school construction grant.
sHB 5004 (File 321, § 14), reported favorably by the Environment Committee, gives a 10-percentage-point bonus rate for school building projects involving installation of a renewable energy or energy sHB5347 / File No.
536 42 sHB5347 File No.
536 efficiency project.
COMMITTEE ACTION Education Committee Joint Favorable Substitute Change of Reference - FIN Yea 43 Nay 0 (03/20/2024) Finance, Revenue and Bonding Committee Joint Favorable Substitute Yea 50 Nay 0 (04/02/2024) sHB5347 / File No.
536 43
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Action History

  1. FILE NO. 536

  2. HOUSE CALENDAR NUMBER 362

  3. FAV. RPT., TABLED FOR HOUSE CALENDAR

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/16/24

  6. FILED WITH LCO

  7. Joint Favorable Substitute

  8. FAV. CHG. OF REF., SEN. TO COMM. ON Finance, Revenue and Bonding

  9. FAV. CHG. OF REF. HOUSE TO COMM. ON Finance, Revenue and Bonding

  10. RPTD. OUT OF LCO

  11. FILED WITH LCO

  12. Joint Favorable Substitute Change of Reference FIN

  13. PUBLIC HEARING 0306

  14. REF. TO JOINT COMM. ON Education

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 185 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (185)

185 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 5347?
HB 5347 is sponsored by Kate Farrar (Democratic) and Kathy Kennedy (Republican).
What is the current status of HB 5347?
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 5347?
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