This bill amends Chapter 16-9 of the General Laws to require all school buildings to meet the latest Northeast Collaborative for High Performance Schools (NE-CHPS) standard of zero energy capable by December 31, 2035. The bill also authorizes and directs the department of education and the office of energy resources to develop and adopt regulations to implement this requirement. The regulations must allow flexibility for local education agencies to pursue state and federal funding sources for energy efficiency or renewable energy systems without penalties or reduction in state housing aid. Additionally, for local education agencies that pursue federal funding for renewable energy systems, the regulations must provide guidance on building, owning, and operating solar panels using federal guidance established in I.R.C. § 6417.

The bill also amends Sections 16-7-36, 16-7-39, 16-7-40, and 16-7-41.1 of the General Laws to include a definition of "zero energy capable" as a building that meets the NE-CHPS standard of zero energy capable or has an annual energy delivery that is less than or equal to the renewable energy generated onsite, generated offsite through a power purchase agreement, and the value of purchased NE-GIS certificates that meet the standard for a new renewable energy resource. The bill also makes changes to the computation of school housing-aid ratio, including increasing the minimum housing aid share ratio from 30% to 35% for all school housing projects.

This bill also makes several amendments to the current law regarding school construction regulations and funding. It states that any project approval granted prior to the adoption of the school construction regulations in 2007, and which are currently inactive, are no longer eligible for reimbursement. It also requires the council on elementary and secondary education to approve new necessity of school construction applications on an annual basis starting in July 2015. The bill also establishes a single statewide process for the investigation and remediation of contaminated building sites for possible reuse as a school location. It requires school housing projects exceeding $1,500,000 to include an owner's program manager and a commissioning agent, with the cost considered eligible for aid. Temporary housing for students is also made a reimbursable expense, as long as it is tied to a specific construction project and does not exceed 24 months. Environmental site remediation is also made a reimbursable expense, up to $1,000,000 per project. If a newly constructed school is sold to a private entity within 30 years of construction, the state will receive a portion of the sale proceeds equal to the project's housing aid reimbursement rate at the time of completion. The bill also requires all projects to comply with prevailing wage laws and minority business enterprise requirements. It also adds a requirement for projects over $10,000,000 to complete an independent study on the adoption of a project labor agreement. The bill also amends the roles and responsibilities of the school building authority, including the management of a system to ensure equitable and adequate school housing for all public school children in the state. It requires the authority to review and make recommendations on necessity of school construction applications and to promulgate and maintain school construction regulations. It also establishes a prequalification and review process for prime contractors, architects, and engineers bidding on projects over $10,000,000. The authority is also responsible for providing technical assistance and guidance to school districts, as well as maintaining a current list of requested school projects and their priority. It also requires the authority to collect and maintain data on public school facilities and to conduct a needs survey every five years. This bill requires the department of education to develop and adopt regulations by June 30, 2024, that would require all school buildings to meet the standard of zero energy capable by December 31, 2035. The bill also includes provisions for developing enrollment projection models, encouraging maximum utilization of space in and around school districts, and maintaining a clearinghouse of prototypical school plans. Additionally, the bill allows for the hiring of a staff member to implement the plan for zero energy capable school buildings and provide technical advice and assistance. The bill also sets caps on incentive points for construction projects and limits the reimbursement or aid received under this chapter or chapter 38.2 of title 45 to 100% of the total project costs plus interest costs. If a $250,000,000 general obligation bond is approved, projects approved between May 1, 2015, and January 1, 2018, may be eligible for additional incentive points. The bill takes effect upon passage.

Statutes affected:
537  SUB A: 16-105-3
537: 16-105-3