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General Assembly Governor's Bill No. 7034 January Session, 2017 LCO No. 3688

Referred to Committee on EDUCATION

Introduced by: REP. ARESIMOWICZ, 30th Dist. REP. RITTER M., 1st Dist. SEN. LOONEY, 11th Dist. SEN. DUFF, 25th Dist.

AN ACT TRANSFORMING THE SCHOOL CONSTRUCTION PROGRAM.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 10-220 of the general statutes is 1

repealed and the following is substituted in lieu thereof (Effective July 2

1, 2017): 3

(a) Each local or regional board of education shall maintain good 4

public elementary and secondary schools, implement the educational 5

interests of the state, as defined in section 10-4a, and provide such 6

other educational activities as in its judgment will best serve the 7

interests of the school district; provided any board of education may 8

secure such opportunities in another school district in accordance with 9

provisions of the general statutes and shall give all the children of the 10

school district, including children receiving alternative education, as 11

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defined in section 10-74j, as nearly equal advantages as may be 12

practicable; shall provide an appropriate learning environment for all 13

its students which includes (1) adequate instructional books, supplies, 14

materials, equipment, staffing, facilities and technology, (2) equitable 15

allocation of resources among its schools, (3) proper maintenance of 16

facilities, and (4) a safe school setting; shall, in accordance with the 17

provisions of subsection (f) of this section, maintain records of 18

allegations, investigations and reports that a child has been abused or 19

neglected by a school employee, as defined in section 53a-65, 20

employed by the local or regional board of education; shall have 21

charge of the schools of its respective school district; shall make a 22

continuing study of the need for school facilities and of a long-term 23

school building program and from time to time make 24

recommendations based on such study to the town; shall adopt and 25

implement an indoor air quality program that provides for ongoing 26

maintenance and facility reviews necessary for the maintenance and 27

improvement of the indoor air quality of its facilities; shall adopt and 28

implement a green cleaning program, pursuant to section 10-231g, that 29

provides for the procurement and use of environmentally preferable 30

cleaning products in school buildings and facilities; on and after July 1, 31

[2011] 2021, and [triennially] every five years thereafter, shall report to 32

the Commissioner of Administrative Services on the condition of its 33

facilities and the action taken to implement its long-term school 34

building program, indoor air quality program and green cleaning 35

program, which report the Commissioner of Administrative Services 36

shall use to prepare a [triennial] report every five years that said 37

commissioner shall submit in accordance with section 11-4a to the joint 38

standing committee of the General Assembly having cognizance of 39

matters relating to education; shall advise the Commissioner of 40

Administrative Services of the relationship between any individual 41

school building project pursuant to chapter 173 and such long-term 42

school building program; shall have the care, maintenance and 43

operation of buildings, lands, apparatus and other property used for 44

school purposes and at all times shall insure all such buildings and all 45

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capital equipment contained therein against loss in an amount not less 46

than eighty per cent of replacement cost; shall determine the number, 47

age and qualifications of the pupils to be admitted into each school; 48

shall develop and implement a written plan for minority staff 49

recruitment for purposes of subdivision (3) of section 10-4a; shall 50

employ and dismiss the teachers of the schools of such district subject 51

to the provisions of sections 10-151 and 10-158a; shall designate the 52

schools which shall be attended by the various children within the 53

school district; shall make such provisions as will enable each child of 54

school age residing in the district to attend some public day school for 55

the period required by law and provide for the transportation of 56

children wherever transportation is reasonable and desirable, and for 57

such purpose may make contracts covering periods of not more than 58

five years; may provide alternative education, in accordance with the 59

provisions of section 10-74j, or place in another suitable educational 60

program a pupil enrolling in school who is nineteen years of age or 61

older and cannot acquire a sufficient number of credits for graduation 62

by age twenty-one; may arrange with the board of education of an 63

adjacent town for the instruction therein of such children as can attend 64

school in such adjacent town more conveniently; shall cause each child 65

five years of age and over and under eighteen years of age who is not a 66

high school graduate and is living in the school district to attend 67

school in accordance with the provisions of section 10-184, and shall 68

perform all acts required of it by the town or necessary to carry into 69

effect the powers and duties imposed by law. 70

Sec. 2. Subdivision (18) of section 10-282 of the general statutes is 71

repealed and the following is substituted in lieu thereof (Effective July 72

1, 2017): 73

(18) "Renovation" means a school building project to [totally] 74

refurbish an existing building [(A) which results in the renovated 75

facility taking on a useful life comparable to that of a new facility and 76

which will cost less than building a new facility as determined by the 77

Department of Administrative Services, provided the school district 78

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may submit a feasibility study and cost analysis of the project prepared 79

by an independent licensed architect to the department prior to final 80

plan approval, (B) which] that was not renovated in accordance with 81

this subdivision during the twenty-year period ending on the date of 82

application, and [(C)] of which not less than seventy-five per cent of 83

the facility to be renovated is at least [thirty] twenty years old, and that 84

results in at least fifty-five per cent of the square footage of the 85

completed building project being so renovated and the entire 86

completed project having a useful life comparable to that of a new 87

construction, and for which the total project costs of the renovation are 88

less than the total project costs of a new construction; 89

Sec. 3. Section 10-283 of the general statutes is repealed and the 90

following is substituted in lieu thereof (Effective July 1, 2017): 91

(a) (1) Each town or regional school district shall be eligible to apply 92

for and accept grants for a school building project as provided in this 93

chapter. Any town desiring a grant for a public school building project 94

may, by vote of its legislative body, authorize the board of education of 95

such town to apply to the Commissioner of Administrative Services 96

and to accept or reject such grant for the town. Any regional school 97

board may vote to authorize the supervising agent of the regional 98

school district to apply to the Commissioner of Administrative 99

Services for and to accept or reject such grant for the district. 100

Applications for such grants under this chapter shall be made by the 101

superintendent of schools of such town or regional school district on 102

the form provided and in the manner prescribed by the Commissioner 103

of Administrative Services. The application form shall require the 104

superintendent of schools to affirm that the school district considered 105

the maximization of natural light, the use and feasibility of wireless 106

connectivity technology and, on and after July 1, 2014, the school 107

safety infrastructure criteria, developed by the School Safety 108

Infrastructure Council, pursuant to section 10-292r, in projects for new 109

construction and alteration or renovation of a school building. The 110

Commissioner of Administrative Services shall review each grant 111

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application for a school building project for compliance with 112

educational requirements and on the basis of categories for building 113

projects established by the Commissioner of Administrative Services in 114

accordance with this section. The Commissioner of Education shall 115

evaluate, if appropriate, whether the project will assist the state in 116

meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. 117

v. William A. O'Neill, et al., as extended, or the goals of the 2013 118

stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., 119

as extended. The Commissioner of Administrative Services shall 120

consult with the Commissioner of Education in reviewing grant 121

applications submitted for purposes of subsection (a) of section 10-65 122

or section 10-76e on the basis of the educational needs of the applicant. 123

The Commissioner of Administrative Services shall review each grant 124

application for a school building project for compliance with standards 125

for school building projects pursuant to regulations, adopted in 126

accordance with section 10-287c, and, on and after July 1, 2014, the 127

school safety infrastructure criteria, developed by the School Safety 128

Infrastructure Council pursuant to section 10-292r. Notwithstanding 129

the provisions of this chapter, the Board of Trustees of the 130

Community-Technical Colleges on behalf of Quinebaug Valley 131

Community College and Three Rivers Community College and the 132

following entities that will operate an interdistrict magnet school that 133

will assist the state in meeting the goals of the 2008 stipulation and 134

order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or 135

the goals of the 2013 stipulation and order for Milo Sheff, et al. v. 136

William A. O'Neill, et al., as extended, as determined by the 137

Commissioner of Education, may apply for and shall be eligible to 138

receive grants for school building projects pursuant to section 10-264h 139

for such a school: (A) The Board of Trustees of the Community-140

Technical Colleges on behalf of a regional community-technical 141

college, (B) the Board of Trustees of the Connecticut State University 142

System on behalf of a state university, (C) the Board of Trustees for The 143

University of Connecticut on behalf of the university, (D) the board of 144

governors for an independent institution of higher education, as 145

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defined in subsection (a) of section 10a-173, or the equivalent of such a 146

board, on behalf of the independent institution of higher education, (E) 147

cooperative arrangements pursuant to section 10-158a, and (F) any 148

other third-party not-for-profit corporation approved by the 149

Commissioner of Education. 150

(2) The Commissioner of Education shall assign each school 151

building project to a category on the basis of whether such project is 152

primarily required to: (A) Create new facilities or alter existing 153

facilities to provide for mandatory instructional programs pursuant to 154

this chapter, for physical education facilities in compliance with Title 155

IX of the Elementary and Secondary Education Act of 1972 where such 156

programs or such compliance cannot be provided within existing 157

facilities or for the correction of code violations which cannot be 158

reasonably addressed within existing program space; (B) create new 159

facilities or alter existing facilities to enhance mandatory instructional 160

programs pursuant to this chapter or provide comparable facilities 161

among schools to all students at the same grade level or levels within 162

the school district unless such project is otherwise explicitly included 163

in another category pursuant to this section; and (C) create new 164

facilities or alter existing facilities to provide supportive services, 165

provided in no event shall such supportive services include swimming 166

pools, auditoriums, outdoor athletic facilities, tennis courts, 167

elementary school playgrounds, site improvement or garages or 168

storage, parking or general recreation areas. All applications submitted 169

prior to July first shall be reviewed promptly by the Commissioner of 170

Administrative Services. The Commissioner of Administrative Services 171

shall estimate the amount of the grant for which such project is 172

eligible, in accordance with the provisions of section 10-285a, as 173

amended by this act, provided an application for a school building 174

project determined by the Commissioner of Education to be a project 175

that will assist the state in meeting the goals of the 2008 stipulation and 176

order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or 177

the goals of the 2013 stipulation and order for Milo Sheff, et al. v. 178

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William A. O'Neill, et al., as extended, shall have until September first 179

to submit an application for such a project and may have until 180

December first of the same year to secure and report all local and state 181

approvals required to complete the grant application. The 182

Commissioner of Administrative Services shall annually prepare a 183

listing of all such eligible school building projects listed by category 184

together with the amount of the estimated grants for such projects and 185

shall submit the same to the Governor [,] and the Secretary of the 186

Office of Policy and Management [and the General Assembly] on or 187

before the fifteenth day of December. [, except as provided in section 188

10-283a, with a request for authorization to enter into grant 189

commitments.] On or before December thirty-first annually, the 190

Secretary of the Office of Policy and Management shall submit 191

comments and recommendations regarding each eligible project on 192

such listing of eligible school building projects to [the school 193

construction committee, established pursuant to section 10-283a] the 194

Governor. [Each such listing submitted after December 15, 2005, until 195

December 15, 2010, inclusive, shall include a separate schedule of 196

authorized projects which have changed in scope or cost to a degree 197

determined by the Commissioner of Education once, and a separate 198

schedule of authorized projects which have changed in scope or cost to 199

a degree determined by said commissioner twice. Any such listing 200

submitted after December 15, 2010, until December 15, 2011, inclusive, 201

shall include a separate schedule of authorized projects which have 202

changed in scope or cost to a degree determined by the Commissioner 203

of Administrative Services once, and a separate schedule of authorized 204

projects which have changed in scope or cost to a degree determined 205

by said commissioner twice. For the period beginning July 1, 2011, and 206

ending December 31, 2013, each such listing shall include a report on 207

the review conducted by the Commissioner of Education of the 208

enrollment projections for each such eligible project. On and after 209

January 1, 2014, each such listing shall include a report on the review 210

conducted by the Commissioner of Administrative Services of the 211

enrollment projections for each such eligible project. For the period 212

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beginning July 1, 2006, and ending June 30, 2012, no project, other than 213

a project for a technical high school,] Each such listing shall include a 214

report on the following factors for each eligible project: (i) An 215

enrollment projection and the capacity of the school, (ii) a 216

substantiation of the estimated total project costs, (iii) the readiness of 217

such eligible project to begin construction, (iv) efforts made by the 218

local or regional board of education to redistrict, reconfigure, merge or 219

close schools under the jurisdiction of such board prior to submitting 220

an application under this section, (v) efforts made by such board to 221

collaborate with other boards of education to reduce underenrollment 222

in the schools under the jurisdiction of such board, (vi) enrollment and 223

capacity information for all of the schools under the jurisdiction of 224

such board for the five years prior to application for a school building 225

project grant, (vii) estimate enrollment and capacity information for all 226

of the schools under the jurisdiction of such board for the eight years 227

following such application is submitted, and (viii) the state's education 228

priorities relating to reducing racial and economic isolation for the 229

school district. No project may appear on the separate schedule of 230

authorized projects which have changed in cost more than twice. On 231

and after July 1, 2012, no project, other than a project for a technical 232

high school, may appear on the separate schedule of authorized 233

projects which have changed in cost more than once, except the 234

Commissioner of Administrative Services may allow a project to 235

appear on such separate schedule of authorized projects a second time 236

if the town or regional school district for such project can demonstrate 237

that exigent circumstances require such project to appear a second time 238

on such separate schedule of authorized projects. Notwithstanding any 239

provision of this chapter, no projects which have changed in scope or 240

cost to the degree determined by the Commissioner of Administrative 241

Services, in consultation with the Commissioner of Education, shall be 242

eligible for reimbursement under this chapter unless it appears on such 243

list. The percentage determined pursuant to section 10-285a, as 244

amended by this act, at the time a school building project on such 245

schedule was originally authorized shall be used for purposes of the 246

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grant for such project. On and after July 1, 2006, a project that was not 247

previously authorized as an interdistrict magnet school shall not 248

receive a higher percentage for reimbursement than that determined 249

pursuant to section 10-285a, as amended by this act, at the time a 250

school building project on such schedule was originally authorized. 251

The Governor shall review the listing submitted by the Commissioner 252

of Administrative Services and any comments and recommendations 253

submitted by the Secretary of the Office of Policy and Management 254

and shall compile a final listing of eligible school building projects. The 255

total amount of school building project grant commitments included in 256

such final listing shall not exceed four hundred fifty million dollars. 257

The Governor shall submit such final listing for authorization to the 258

General Assembly, pursuant to section 10-283a, as amended by this 259

act, as part of the Governor's budget document in accordance with 260

section 4-71. The General Assembly shall annually authorize the 261

Commissioner of Administrative Services to enter into grant 262

commitments on behalf of the state in accordance with [the 263

commissioner's categorized listing for such projects] such final listing 264

as the General Assembly shall determine, provided the total amount of 265

school building project grant commitments authorized by the General 266

Assembly under this subdivision shall not exceed five hundred million 267

dollars. The Commissioner of Administrative Services may not enter 268

into any such grant commitments except pursuant to such legislative 269

authorization. Any regional school district which assumes the 270

responsibility for completion of a public school building project shall 271

be eligible for a grant pursuant to subdivision (5) or (6), as the case 272

may be, of subsection (a) of section 10-286 when such project is 273

completed and accepted by such regional school district. 274

(3) (A) All final calculations completed by the Department of 275

Administrative Services for school building projects shall include a 276

computation of the state grant for the school building project 277

amortized on a straight line basis over a twenty-year period for school 278

building projects with costs equal to or greater than two million dollars 279

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and over a ten-year period for school building projects with costs less 280

than two million dollars. Any town or regional school district which 281

abandons, sells, leases, demolishes or otherwise redirects the use of 282

such a school building project to other than a public school use during 283

such amortization period shall refund to the state the unamortized 284

balance of the state grant remaining as of the date the abandonment, 285

sale, lease, demolition or redirection occurs. The amortization period 286

for a project shall begin on the date the project was accepted as 287

complete by the local or regional board of education. A town or 288

regional school district required to make a refund to the state pursuant 289

to this subdivision may request forgiveness of such refund if the 290

building is redirected for public use. The Department of 291

Administrative Services shall include as an addendum to the annual 292

school construction priority list all those towns requesting forgiveness. 293

General Assembly approval of the priority list containing such request 294

shall constitute approval of such request. This subdivision shall not 295

apply to projects to correct safety, health and other code violations or 296

to remedy certified school indoor air quality emergencies approved 297

pursuant to subsection (b) of this section or projects subject to the 298

provisions of section 10-285c. 299

(B) If the board of governors for an independent institution of 300

higher education, as defined in subsection (a) of section 10a-173, or the 301

equivalent of such a board, on behalf of the independent institution of 302

higher education, that operates an interdistrict magnet school makes 303

private use of any portion of a school building in which such operator 304

received a school building project grant pursuant to this chapter, such 305

operator shall annually submit a report to the Commissioner of 306

Education that demonstrates that such operator provides an equal to 307

or greater than in-kind or supplemental benefit of such institution's 308

facilities to students enrolled in such interdistrict magnet school that 309

outweighs the private use of such school building. If the commissioner 310

finds that the private use of such school building exceeds the in-kind 311

or supplemental benefit to magnet school students, the commissioner 312

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may require such institution to refund to the state the unamortized 313

balance of the state grant. 314

(C) Any moneys refunded to the state pursuant to subparagraphs 315

(A) and (B) of this subdivision shall be deposited in the state's tax-316

exempt proceeds fund and used not later than sixty days after 317

repayment to pay debt service on, including redemption, defeasance or 318

purchase of, outstanding bonds of the state the interest on which is not 319

included in gross income pursuant to Section 103 of the Internal 320

Revenue Code of 1986, or any subsequent corresponding internal 321

revenue code of the United States, as from time to time amended. 322

(b) (1) Notwithstanding the application date requirements of this 323

section, at any time within the limit of available grant authorization 324

and within the limit of appropriated funds, the Commissioner of 325

Administrative Services [, in consultation with the Commissioner of 326

Education,] may approve applications for grants [to] and make 327

payments thereon, for any of the following reasons: (A) To assist 328

school building projects to remedy damage from fire and catastrophe, 329

(B) to correct safety, health and other code violations, (C) to replace 330

roofs, including the replacement or installation of skylights as part of 331

the roof replacement project, (D) to remedy a certified school indoor 332

air quality emergency, (E) to install in insulation projects for exterior 333

walls and attics, or (F) to purchase and install a limited use and limited 334

access elevator, windows, photovoltaic panels, wind generation 335

systems, building management systems, public school administrative 336

or service facility or portable classroom buildings, [at any time within 337

the limit of available grant authorization and make payments thereon 338

within the limit of appropriated funds,] provided portable classroom 339

building projects shall not create a new facility or cause an existing 340

facility to be modified so that the portable buildings comprise a 341

substantial percentage of the total facility area, as determined by the 342

commissioner. 343

(2) Not later than seven calendar days following the discovery of a 344

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condition described in subparagraphs (A) to (F), inclusive, of 345

subdivision (1) of this subsection, the superintendent of schools of a 346

town or regional school district shall notify the Commissioner of 347

Administrative Services in writing of such condition in order to be 348

eligible for a grant under this subsection. Such superintendent shall 349

submit an application to the commissioner not later than six months 350

following such notification in order to receive a grant under this 351

subsection. 352

(c) No school building project shall be added to the list prepared by 353

the Commissioner of Administrative Services pursuant to subsection 354

(a) of this section after such list is submitted to the [committee of the 355

General Assembly appointed pursuant to section 10-283a] Governor 356

unless (1) the project is for a school placed on probation by the New 357

England Association of Schools and Colleges and the project is 358

necessary to preserve accreditation, (2) the project is necessary to 359

replace a school building for which a state agency issued a written 360

notice of its intent to take the school property for public purpose, (3) it 361

is a school building project determined by the Commissioner of 362

Education to be a project that will assist the state in meeting the goals 363

of the 2008 stipulation and order for Milo Sheff, et al. v. William A. 364

O'Neill, et al., as extended, or the goals of the 2013 stipulation and 365

order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended. The 366

provisions of this subsection shall not apply to projects previously 367

authorized by the General Assembly that require special legislation to 368

correct procedural deficiencies. 369

(d) No school building project shall be added to the list prepared by 370

the Commissioner of Administrative Services pursuant to subsection 371

(a) of this section, unless the applicant, prior to submitting an 372

application, has (1) secured funding authorization for the local share of 373

the project costs and such authorization has become effective pursuant 374

to the general statutes and local ordinance or charter, or (2) scheduled 375

and prepared a referendum, if required, the results of which shall be 376

submitted on or before the fifteenth day of November in the year of 377

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application. The reimbursement percentage for a project covered by 378

this subsection shall reflect the rates in effect during the fiscal year in 379

which such local funding authorization is secured. 380

Sec. 4. Section 10-283a of the general statutes is repealed and the 381

following is substituted in lieu thereof (Effective July 1, 2017): 382

The final listing of eligible school building projects submitted 383

pursuant to section 10-283, as amended by this act, shall be reviewed 384

by a committee consisting of the chairpersons and ranking members of 385

the joint standing committees of the General Assembly having 386

cognizance of matters relating to appropriations and the budget of 387

state agencies, finance, revenue and bonding and education. The final 388

listing of eligible projects by category shall be annually submitted to 389

said committee [prior to December fifteenth annually] as part of the 390

Governor's budget document in accordance with section 4-71 to 391

determine if said final listing is in compliance with the categories 392

described in subsection (a) of section 10-283, as amended by this act, 393

and standards established in regulations adopted pursuant to section 394

10-287c. The committee may modify the final listing. Such modified 395

final listing shall be in compliance with such standards and categories. 396

On or after [January] March first annually, [and prior to February first 397

annually,] the committee shall submit the approved or modified final 398

listing of projects to the Governor and the General Assembly. 399

Sec. 5. Section 10-285a of the general statutes is repealed and the 400

following is substituted in lieu thereof (Effective July 1, 2017): 401

(a) [The] Except as otherwise provided in subsection (j) of this 402

section, the percentage of school building project grant money a local 403

board of education may be eligible to receive, under the provisions of 404

section 10-286, shall be assigned by the Commissioner of 405

Administrative Services in accordance with the percentage calculated 406

by the Commissioner of Education as follows: [(1) For grants approved 407

pursuant to subsection (b) of section 10-283 for which application is 408

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made on and after July 1, 1991, and before July 1, 2011, (A) each town 409

shall be ranked in descending order from one to one hundred sixty-410

nine according to such town's adjusted equalized net grand list per 411

capita, as defined in section 10-261; and (B) based upon such ranking, a 412

percentage of not less than twenty nor more than eighty shall be 413

determined for each town on a continuous scale; and (2) for grants 414

approved pursuant to subsection (b) of section 10-283 for which 415

application is made on and after July 1, 2011, (A) each] (1) Each town 416

shall be ranked in descending order from one to one hundred sixty-417

nine according to such town's adjusted equalized net grand list per 418

capita, as defined in section 10-261, and [(B)] (2) based upon such 419

ranking, [(i)] (A) a percentage of not less than [ten] five nor more than 420

[seventy] sixty shall be determined for new construction, renovation or 421

replacement of a school building for each town on a continuous scale, 422

and [(ii)] (B) a percentage of not less than [twenty] ten nor more than 423

[eighty] seventy shall be determined for [renovations,] extensions, 424

code violations, roof replacements and major alterations of an existing 425

school building and the new construction, renovation or replacement 426

of a school building when a town or regional school district can 427

demonstrate that a new construction, renovation or replacement is less 428

expensive than [a renovation,] an extension or major alteration of an 429

existing school building for each town on a continuous scale. 430

(b) (1) Except as otherwise provided in subdivision (2) of this 431

subsection and subsection (j) of this section, the percentage of school 432

building project grant money a regional board of education may be 433

eligible to receive under the provisions of section 10-286 shall be 434

determined by its ranking. Such ranking shall be determined by (A) 435

multiplying the total population, as defined in section 10-261, of each 436

town in the district by such town's ranking, as determined in 437

subsection (a) of this section, (B) adding together the figures 438

determined under subparagraph (A) of this subdivision, and (C) 439

dividing the total computed under subparagraph (B) of this 440

subdivision by the total population of all towns in the district. The 441

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ranking of each regional board of education shall be rounded to the 442

next higher whole number and each such board shall receive the same 443

reimbursement percentage as would a town with the same rank plus 444

ten per cent, except that no such percentage shall exceed eighty-five 445

per cent. 446

(2) Any board of education of a regional school district established 447

or expanded on or after July 1, 2016, that submits an application for a 448

school building project (A) not later than ten years after the 449

establishment or expansion of such regional school district, and (B) 450

that is related to such establishment or expansion, may be eligible to 451

receive a percentage of school building project grant money, under the 452

provisions of section 10-286, as follows: The reimbursement percentage 453

of the town in such regional school district with the greatest 454

reimbursement percentage, as determined in subsection (a) of this 455

section, plus ten per cent. 456

(c) The percentage of school building project grant money a regional 457

educational service center may be eligible to receive shall be 458

determined by its ranking. Such ranking shall be determined by (1) 459

multiplying the population of each member town in the regional 460

educational service center by such town's ranking, as determined in 461

subsection (a) of this section; (2) adding together the figures for each 462

town determined under subdivision (1) of this subsection, and (3) 463

dividing the total computed under subdivision (2) of this subsection by 464

the total population of all member towns in the regional educational 465

service center. The ranking of each regional educational service center 466

shall be rounded to the next higher whole number and each such 467

center shall receive the same reimbursement percentage as would a 468

town with the same rank. 469

(d) The percentage of school building project grant money a 470

cooperative arrangement pursuant to section 10-158a, may be eligible 471

to receive shall be determined by its ranking. Such ranking shall be 472

determined by (1) multiplying the total population, as defined in 473

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section 10-261, of each town in the cooperative arrangement by such 474

town's ranking, as determined in subsection (a) of this section, (2) 475

adding the products determined under subdivision (1) of this 476

subsection, and (3) dividing the total computed under subdivision (2) 477

of this subsection by the total population of all towns in the 478

cooperative arrangement. The ranking of each cooperative 479

arrangement shall be rounded to the next higher whole number and 480

each such cooperative arrangement shall receive the same 481

reimbursement percentage as would a town with the same rank plus 482

ten percentage points. 483

(e) If an elementary school building project for a new building or for 484

the expansion of an existing building includes space for a school 485

readiness program, the percentage determined pursuant to this section 486

shall be increased by five percentage points, but shall not exceed one 487

hundred per cent, for the portion of the building used primarily for 488

such purpose. Recipient districts shall maintain full-day preschool 489

enrollment for at least ten years. 490

(f) The percentage determined pursuant to this section for a school 491

building project grant for the expansion, alteration or renovation of an 492

existing public school building to convert such building for use as a 493

lighthouse school, as defined in section 10-266cc, shall be increased by 494

ten percentage points. 495

(g) The percentage determined pursuant to this section for a school 496

building project grant shall be increased by the percentage of the total 497

projected enrollment of the school attributable to the number of spaces 498

made available for out-of-district students participating in the program 499

established pursuant to section 10-266aa, provided the maximum 500

increase shall not exceed ten percentage points. 501

(h) Subject to the provisions of section 10-285d, if an elementary 502

school building project for a school in a priority school district or for a 503

priority school is necessary in order to offer a full-day kindergarten 504

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program or a full-day preschool program or to reduce class size 505

pursuant to section 10-265f, the percentage determined pursuant to 506

this section shall be increased by ten percentage points for the portion 507

of the building used primarily for such full-day kindergarten program, 508

full-day preschool program or such reduced size classes. Recipient 509

districts that receive an increase pursuant to this subsection in support 510

of a full-day preschool program, shall maintain full-day preschool 511

enrollment for at least ten years. 512

(i) For all projects authorized on or after July 1, 2007, all attorneys' 513

fees and court costs related to litigation shall be eligible for state school 514

construction grant assistance only if the grant applicant is the 515

prevailing party in any such litigation. 516

(j) For applications submitted on and after July 1, 2021, the 517

percentage of school building project grant money a local or regional 518

board of education for a school district with (A) one thousand or fewer 519

resident students, as defined in section 10-262f, shall be seventy-five 520

per cent of the percentage determined pursuant to subdivision (1) of 521

this subsection, or (B) greater than one thousand resident students, but 522

fewer than two thousand five hundred resident students shall be fifty 523

per cent of the percentage determined pursuant to subdivision (1) of 524

this subsection. 525

Sec. 6. Section 10-265h of the general statutes is repealed and the 526

following is substituted in lieu thereof (Effective July 1, 2017): 527

(a) The Commissioner of Administrative Services, in consultation 528

with the Commissioner of Education, shall establish, within available 529

bond authorizations, a grant program to assist alliance districts, as 530

defined in section 10-262u, and regional school districts, as described 531

in subdivision (2) of subsection (b) of section 10-285a, as amended by 532

this act, in paying for general improvements to school buildings. For 533

purposes of this section "general improvements to school buildings" 534

means work that (1) is generally not eligible for reimbursement 535

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pursuant to chapter 173, and (2) is to (A) replace windows, doors, 536

boilers and other heating and ventilation system components, internal 537

communications and technology systems, lockers, floors, cafeteria 538

equipment and ceilings, including the installation of new drop ceilings, 539

(B) upgrade restrooms including the replacement of fixtures and 540

related water supplies and drainage, (C) upgrade and replace lighting, 541

including energy efficient upgrades to lighting systems and controls to 542

increase efficiency, and reduce consumption levels and cost, (D) 543

upgrade entryways, driveways, parking areas, play areas and athletic 544

fields, (E) upgrade equipment, (F) repair roofs, including the 545

installation of energy efficient fixtures and systems and environmental 546

enhancements, or (G) install or upgrade security equipment that is 547

consistent with the school safety infrastructure standards, developed 548

by the School Safety Infrastructure Council pursuant to section 10-292r, 549

including, but not limited to, video surveillance devices and fencing, 550

provided "general improvements to school buildings" may include 551

work not specified in this subdivision if the alliance district provides 552

justification for such work acceptable to the Commissioner of 553

Administrative Services, but shall not include routine maintenance 554

such as painting, cleaning, equipment repair or other minor repairs or 555

work done at the administrative facilities of a board of education. 556

(b) Eligibility for grants pursuant to this section shall be determined 557

(1) for alliance districts, for a five-year period based on a school 558

district's designation as an alliance district in the initial year of 559

designation as an alliance district, and (2) for regional school districts, 560

in accordance with the provisions of subdivision (2) of subsection (b) 561

of section 10-285a, as amended by this act. Grant awards shall be made 562

annually contingent upon the filing of an application and a satisfactory 563

annual evaluation. Priority shall be given to an alliance district or 564

regional school district that includes a life-cycle stewardship plan with 565

such alliance district's or regional school district's application. The life-566

cycle stewardship plan shall describe the investments and other efforts 567

that have been and will be made by the alliance district or regional 568

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school district to extend the life cycle of its facilities and equipment. 569

Alliance districts and regional school districts shall apply for grants 570

pursuant to this section at such time and in such manner as the 571

commissioner prescribes. Grant awards made to an alliance district 572

that is one of the alliance districts with the five largest populations, 573

based on the 2010 federal census, shall be in an amount equal to or 574

greater than two million dollars. 575

(c) No funds received by an alliance district or regional school 576

district pursuant to this section shall be used to supplant local 577

matching requirements for federal or state funding otherwise received 578

by such alliance district or regional school district for improvements to 579

school buildings. 580

(d) Each alliance district or regional school district that receives 581

funds pursuant to this section shall file expenditure reports with the 582

Department of Administrative Services as requested by the 583

Commissioner of Administrative Services. Each alliance district and 584

regional school district shall refund (1) any unexpended amounts at 585

the close of the project for which the grants are awarded, and (2) any 586

amounts not expended in accordance with the approved grant 587

application. 588

(e) General improvements for which grants are awarded in any year 589

shall be completed by the end of the succeeding fiscal year. 590

Sec. 7. Subsection (c) of section 10-287 of the general statutes is 591

repealed and the following is substituted in lieu thereof (Effective July 592

1, 2017): 593

(c) If the [commissioner] Commissioner of Administrative Services 594

determines that a building project has not met the approved conditions 595

of the original application, the [State Board of Education] Department 596

of Administrative Services may withhold subsequent state grant 597

payments for said project until appropriate action, as determined by 598

the commissioner, is taken to cause the building project to be in 599

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compliance with the approved conditions or may require repayment of 600

all state grant payments for said project when such appropriate action 601

is not undertaken within a reasonable time. 602

Sec. 8. Section 10-287i of the general statutes is repealed and the 603

following is substituted in lieu thereof (Effective July 1, 2017): 604

A grant under this chapter for any school building project 605

authorized by the General Assembly on or after July 1, 1996, or for any 606

project for which application is made pursuant to subsection (b) of 607

section 10-283, on or after July 1, 1997, shall be paid as follows: 608

Applicants shall request progress payments for the state share of 609

eligible project costs calculated pursuant to sections 10-65, 10-76e and 610

10-286, at such time and in such manner as the Commissioner of 611

Administrative Services shall prescribe provided no payments shall 612

commence until the applicant has filed a notice of authorization of 613

funding for the local share of project costs, and provided further no 614

payments other than those for architectural planning and site 615

acquisition shall be made prior to approval of the final architectural 616

plans pursuant to section 10-292. The Department of Administrative 617

Services shall withhold [five] eleven per cent of a grant pending 618

completion of an audit pursuant to section 10-287 provided, if the 619

department is unable to complete the required audit within six months 620

of the date a request for final payment is filed, the applicant may have 621

an independent audit performed and include the cost of such audit in 622

the eligible project costs. 623

Sec. 9. Section 10-63f of the general statutes is repealed and the 624

following is substituted in lieu thereof (Effective July 1, 2017): 625

Such withdrawal or dissolution shall not impair the obligation of 626

the withdrawing town or the district to the holders of any bonds or 627

other outstanding indebtedness issued prior to withdrawal or 628

dissolution under authority of this part, including any responsibilities 629

or financial obligations related to a school building project pursuant to 630

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chapter 173. The regional board of education and the board of 631

education of the town or towns involved may make agreements for the 632

payment of money to or from the district and said towns in accordance 633

with the final plan of withdrawal, except any such agreement or final 634

plan of withdrawal shall not relieve a withdrawing town from its 635

responsibilities and financial obligations related to a school building 636

project pursuant to chapter 173. 637

Sec. 10. Section 10-285b of the general statutes is repealed and the 638

following is substituted in lieu thereof (Effective July 1, 2017): 639

(a) (1) Any incorporated or endowed high school or academy 640

approved by the State Board of Education, pursuant to section 10-34, 641

may apply and be eligible to subsequently [to] be considered for a 642

school [construction] building project grant [commitments] 643

commitment from the state, [pursuant to] provided the school building 644

project complies with the provisions of this chapter. 645

(2) Applications pursuant to this subsection shall be filed at such 646

time and on such forms as the Department of Administrative Services 647

prescribes. The Commissioners of Education and Administrative 648

Services shall approve such applications pursuant to the provisions of 649

section 10-284. 650

(3) In the case of a school building project, as defined in 651

subparagraph (A) of subdivision (3) of section 10-282, the amount of 652

the grant approved by the Commissioner of Administrative Services 653

shall be computed pursuant to the provisions of section 10-286, and the 654

eligible percentage shall be computed pursuant to the provisions of 655

subsection (b) of this section. The calculation of the grant pursuant to 656

this section shall be made in accordance with the state standard space 657

specifications in effect at the time of final grant calculation. 658

(b) The percentage of school building project grant money each 659

incorporated or endowed high school or academy may be eligible to 660

receive under the provisions of subsection (a) of this section shall be 661

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determined by its ranking. The ranking shall be determined by (1) 662

multiplying the total population, as defined in section 10-261, of each 663

town which at the time of application for such school construction 664

grant commitment has designated such school as the high school for 665

such town for a period of not less than five years from the date of such 666

application, by such town's percentile ranking, as determined in 667

subsection (a) of section 10-285a, (2) adding together the figures for 668

each town determined under subdivision (1) of this subsection, and (3) 669

dividing the total computed under subdivision (2) of this subsection by 670

the total population of all towns which designate the school as their 671

high school under subdivision (1) of this subsection. The ranking 672

determined pursuant to this subsection shall be rounded to the next 673

higher whole number. Such high school or academy shall receive the 674

reimbursement percentage of a town with the same rank increased by 675

five per cent, except that the reimbursement percentage of such high 676

school or academy shall not exceed [eighty-five] sixty per cent. 677

(c) In order for an incorporated or endowed high school or academy 678

to be eligible for a grant commitment pursuant to this section such 679

high school or academy shall (1) provide educational services to the 680

town or towns designating it as the high school for such town or towns 681

for a period of not less than ten years after completion of grant 682

payments under this section, and (2) provide that at least half of the 683

governing board which exercises final educational, financial and legal 684

responsibility for the high school or academy, exclusive of the 685

chairman of such board, be representatives of the board or boards of 686

education designating the high school or academy as the high school 687

for each such board's town. 688

Sec. 11. Section 10-286h of the general statutes is repealed. (Effective 689

July 1, 2017) 690

This act shall take effect as follows and shall amend the following sections:

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Section 1 July 1, 2017 10-220(a)

Sec. 2 July 1, 2017 10-282(18)

Sec. 3 July 1, 2017 10-283

Sec. 4 July 1, 2017 10-283a

Sec. 5 July 1, 2017 10-285a

Sec. 6 July 1, 2017 10-265h

Sec. 7 July 1, 2017 10-287(c)

Sec. 8 July 1, 2017 10-287i

Sec. 9 July 1, 2017 10-63f

Sec. 10 July 1, 2017 10-285b

Sec. 11 July 1, 2017 Repealer section Statement of Purpose:

To implement the Governor's budget recommendations.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]