House Bill No. 6001

May 9 Special Session, Public Act No. 02-2

AN ACT CONCERNING AUTHORIZATION OF STATE GRANT COMMITMENTS FOR SCHOOL BUILDING PROJECTS.

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

Section 1. (Effective from passage) The Commissioner of Education having reviewed applications for state grants for public school building projects in accordance with section 10-283 of the general statutes, as amended, 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 projects ranked in order of priority, including a separate schedule of previously authorized projects which have changed substantially in scope or cost, as determined by said commissioner together with the amount of estimated grant with respect to each eligible project, and having submitted such listing of eligible projects, prior to December 15, 2001, to a committee of the General Assembly established under section 10-283a of the general statutes 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 10-283 with respect to the priority listing of such projects and in such estimated amounts as approved by said committee prior to February 1, 2002, as follows:

(1) Estimated Grant Commitments

(2) Previously Authorized Projects Which Have Changed Substantially in Scope or Cost

Sec. 2. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the town of Bolton may let out for bid on and commence a project for relocatable classrooms (Project Number 012-0033 RE) at Bolton High School and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 3. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the town of Winchester may let out for bid on and commence a project for roof replacement (Project Number 902-012 RR) at Gilbert School and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 4. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the city of New London may let out for bid on and commence a project for oil tank replacement (Project Number 095-073 CV/OT) at Jennings Elementary School and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 5. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the city of New London may let out for bid on and commence a project for renovation (Project Number 095-076 A) at Jennings Elementary School and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 6. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the city of New London may let out for bid on and commence a project for installation of modular classrooms (Project Number 095-075 RE) at Edgerton Elementary School and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 7. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the town of Winchester may let out for bid on and commence a code violation project (Project Number 162-035 CV) at Batcheller Elementary School and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 8. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the town of Stamford may let out for bid on and commence a project for asbestos removal (Project Number 135-235 CV) at Cloonan School and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 9. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the town of Stamford may let out for bid on and commence a project for code improvements (Project Number 135-174 CV) at Stamford High School and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 10. (Effective from passage) Notwithstanding the provisions of section 10-283 of the general statutes, as amended, and any regulation adopted by the State Board of Education requiring that the scope of a school building project be set at the time of application for a school building project grant, the town of New Britain may change the scope of the extension and alteration projects at Lincoln Elementary School (Project Number 089-153 EA), Northend Elementary School (Project Number 089-155 EA) and Vance Elementary School (Project Number 089-154 EA) to renovation projects.

Sec. 11. (Effective from passage) Notwithstanding any provision of the general statutes requiring plan approval by any state agency, the town of Kent shall be eligible for reimbursement as otherwise provided by law for renovations and new construction associated with improvements to Kent Center School (Project Number 068-006 EA).

Sec. 12. (NEW) (Effective July 1, 2002) (a) Notwithstanding any provision of chapter 173 of the general statutes or any regulation adopted by the State Board of Education pursuant to said chapter 173, the State Board of Education may establish a pilot program for a period of three years that authorizes up to two school construction projects per year using a design-build contract and with the approval of the State Board of Education a town or regional school district may enter into a design-build contract for new school construction and shall be eligible to be considered for a grant commitment and progress payments from the state provided each design phase shall be reviewed and approved for compliance with all applicable codes by local authorities having jurisdiction over such codes. The provisions of section 10-287 of the general statutes relative to bidding all orders and contracts for school building construction shall not apply to any such project.

(b) Notwithstanding any provision of chapter 173 of the general statutes or any regulation adopted by the State Board of Education pursuant to said chapter 173, a town or regional school district choosing to use the design-build option pursuant to subsection (a) of this section shall attend a meeting with Department of Education staff prior to executing a design-build contract. The department shall provide the town or regional school district with all of its code checklists and review materials which the town or regional school district shall use as a basis for obtaining plan approval by local officials having jurisdiction over such matters or other qualified code reviewers. It shall be the sole responsibility of the town or regional school district to ensure compliance with all applicable codes.

(c) The State Board of Education shall report in accordance with the provisions of section 11-4a of the general statutes to the joint standing committees of the General Assembly having cognizance of matters relating to education and finance on or before January 15, 2006, on the efficiency and efficacy of using the design-build approach to school construction projects.

Sec. 13. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the town of Stamford may let out for bid on and commence a project for alterations and code remedies (Project Number 135-203 CV/A) at Rippowam School and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 14. (Effective from passage) Notwithstanding the provisions of section 10-283 of the general statutes, as amended, or any regulation adopted pursuant to said section, a Waterbury project for work at multiple school facilities eligible to be considered in the amount of $ 8,475,000 pursuant to subsection (c) of section 10-283 of the general statutes, as amended by this act, is included in subdivision (1) of section 1 of this act and shall be eligible to be subsequently considered for a grant commitment from the state for such project, provided the school district files an application for such school building project prior to September 30, 2002, and meets all other provisions of chapter 173 of the general statutes and any regulation adopted by the State Board of Education pursuant to said chapter.

Sec. 15. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the City of Waterbury may let out for bid on and commence roof replacement projects at Tinker School, Walsh School and Wilson School and shall be eligible to subsequently be considered for grant commitments from the state for such projects, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 16. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the town of Darien may let out for bid on and commence a project for roof replacement (Project Number 035-107 RR) at Tokeneke School and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 17. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the town of Thomaston may let out for bid on and commence a project for asbestos removal (Project Number 140-039 CV) at Center School and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 18. (Effective from passage) Notwithstanding the provisions of section 10-283 of the general statutes, as amended, and any regulation adopted by the State Board of Education requiring that the scope of a school building project be set at the time of application for a school building project grant, the town of Torrington may change the scope of the alteration project at Torringford School (Project Number 0056 A) to a renovation/alteration/addition project, provided such project otherwise meets the requirements set forth in chapter 173 of the general statutes.

Sec. 19. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the town of Waterbury may let out for bid on and commence a project for asbestos removal (Project Number TMP-151-ZFFZ) at H. S. Chase School and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 20. (Effective from passage) Notwithstanding the provisions of chapter 173 of the general statutes and any regulation adopted by the State Board of Education concerning ineligible costs for school building projects, Regional School District Number 8 shall be eligible to receive reimbursement for costs associated with an off-site extension of the water system that will serve RHAM High School (Project Number 208-018 EA).

Sec. 21. (Effective from passage) Notwithstanding the provisions of subsection (b) of section 10-287 of the general statutes or any regulation adopted by the State Board of Education requiring all orders and contracts for school building construction receiving state assistance to be awarded to the lowest responsible qualified bidder only after a public invitation to bid, the town of Wallingford is not required to bid the work for the hazardous material abatement phase on the extension and alteration project (Project Number 148-134 EA) at Moses Beach School and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 22. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the town of New London may let out for bid on and commence an alteration and technology project (Project Number 095-072 A/TCH) at the Central Administration Office and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 23. (Effective from passage) Notwithstanding the provisions of subsection (b) of section 10-283, as amended, excluding portable classrooms from school construction grant eligibility that create a new facility or cause an existing facility to be modified so that the portable buildings comprise a substantial percentage of the total facility area, the town of Madison may submit a project grant application and shall be eligible to subsequently be considered for a grant commitment from the state for the purchase of portable classrooms that comprise the Madison Town Campus Kindergarten Center.

Sec. 24. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the town of Granby may let out for bid on and commence Phase 3 of 3 (Project Number 056-042-EA/RR) at Granby High School and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 25. (Effective from passage) Notwithstanding the provisions of chapter 173 or any regulation adopted by the State Board of Education pursuant to said chapter 173, the town of Westbrook shall be eligible to receive a grant for replacement of the boiler and HVAC system at Westbrook Junior/Senior High School (Project Number 154-017 EA).

Sec. 26. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the town of Weston may let out for bid on and commence a project on septic and athletic fields at Bisceglie Scribner Park and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 27. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the town of Hartford may let out for bid on and commence projects for underground oil storage tank replacement for Annie Fisher School (Project Number 064-232 CV/OT), Weaver High School (Project Number 064-233 CV/OT), Martin Luther King School (Project Number 064-236 OT), Clark School (Project Number 064-238 OT) and Fred D. Wish School (Project Number 064-241 OT) and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 28. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the town of West Haven may let out for bid on and commence a project for roof replacement (Project Number 156-116 RR) at Clarence E. Thompson School, projects for asbestos abatement at Edith F. Mackrille School (Project Number 156-120 HV), May V. Carrigan Middle School (Project Number 156-121 HV), West Haven High School (Project Number 156-122 HV), Seth G. Haley School (Project Number 156-123 HV) and at Clarence E. Thompson School a site acquisition project (Project Number 156-126), and shall be eligible to subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 29. (Effective from passage) Notwithstanding the provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education concerning square footage limitations, the town of Colchester shall be eligible for a grant for a project to increase square footage at the Jack Jackter Elementary School (Project Number 028-035).

Sec. 30. (Effective from passage) Notwithstanding the provisions of section 10-287 of the general statutes or any regulation adopted by the State Board of Education requiring school construction projects to be publicly bid and be advertised in a newspaper having circulation in the town in which construction is to take place, the town of Willington may commence a project to install room air conditioners at Hall Memorial School (Project Number 160-0031 A) and subsequently be considered for a grant commitment from the state, provided plans and specifications have been approved by the Department of Education's school facilities unit.

Sec. 31. (Effective from passage) Notwithstanding the provisions of section 10-283 of the general statutes, as amended, or any regulation adopted by the State Board of Education, the Phase I HVAC and casework for Wilbur Cross High School (Project Number 093-308) and James Hillhouse High School (Project Number 093-309) in New Haven shall be eligible for reimbursement as part of the Phase II renovation work at Wilbur Cross High School (Project Number 093-327) and James Hillhouse High School (Project Number 093-326) in New Haven.

Sec. 32. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes, as amended, or any regulation adopted by the State Board of Education requiring that a bid not be let out until plans and specifications have been approved by the Department of Education's school facilities unit, the town of New London may let out for bid on and commence alteration and technology projects (Project Number 095-067 A/TCH) at Winthrop Elementary School and (Project Number 095-071 A/TCH) at Edgarton Elementary School and shall be eligible to subsequently be considered for a grant commitment from the state.

Sec. 33. (Effective July 1, 2002) Notwithstanding the provisions of subsection (e) of section 10-265h of the general statutes, (1) an amount of up to six hundred thousand dollars in unexpended funds for the grant period ending June 30, 2001, awarded to the City of Waterbury under subsection (g) of section 13 of public act 99-242 shall be available for expenditure for an additional two years, and (2) an amount of up to one million one hundred thousand dollars in unexpended funds for the grant period ending June 30, 2002, awarded to the City of Waterbury under subsection (h) of section 32 of public act 99-242 shall be available for expenditure for an additional year.

Sec. 34. Subsection (c) of section 10-283 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

(c) No school building project shall be added to the list prepared by the Commissioner of Education pursuant to subsection (a) of this section after such list is submitted to the committee of the General Assembly appointed pursuant to section 10-283a unless (1) the project is for a school placed on probation by the New England Association of Schools and Colleges and the project is necessary to preserve accreditation, [or] (2) the project is necessary to replace a school building for which a state agency issued a written notice of its intent to take the school property for public purpose, or (3) for the fiscal year ending June 30, 2002, the project is in a town operating under state governance. The provisions of this subsection shall not apply to projects previously authorized by the General Assembly that require special legislation to correct procedural deficiencies.

Sec. 35. (NEW) (Effective July 1, 2002) Notwithstanding any provision of chapter 173 of the general statutes or the regulations adopted under said chapter 173, a local board of education in a town that is a distressed municipality, as defined in section 32-9p of the general statutes, with a population greater than ninety thousand shall be eligible to submit a consolidated school construction grant application for multiple school projects and be eligible to receive a single grant equal to the state share of total project costs. Based on a determination by the Office of Policy and Management that any such municipality is unable to reasonably issue debt to finance the local share of such costs, discretionary federal block grant funds may be deemed to have financed the local share of total project costs without regard to any zone restrictions that may limit the actual expenditure of such funds to specific schools. Notwithstanding the provisions of subdivision (18) of section 10-282 of the general statutes, projects whose eligibility is provided for under this section may be considered renovations for purposes of receiving state grants.

Sec. 36. (Effective from passage) Notwithstanding the provisions of subdivision (1) of subsection (a) of section 10-286 of the general statutes, or any regulation adopted by the State Board of Education requiring that the highest projected enrollment for a school building project be calculated for the eight year period from the date the local or regional board of education files a notification of a proposed school building project with the Department of Education, the town of Stratford may expand the period for the calculation of its projected enrollment for the extension and alteration project (Project Number 138-082 EA) at Chapel Street Elementary.

Approved July 1, 2002