2021 -- S 0283

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LC001214

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO EDUCATION -- SCHOOL BUILDING AUTHORITY

     Introduced By: Senators Gallo, Lombardo, and Cano

     Date Introduced: February 18, 2021

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-105-3 of the General Laws in Chapter 16-105 entitled "School

Building Authority" is hereby amended to read as follows:

     16-105-3. Roles and responsibilities.

     The school building authority roles and responsibilities shall include:

     (1) Management of a system with the goal of ensuring equitable and adequate school

housing for all public school children in the state;

     (2) Prevention of the cost of school housing from interfering with the effective operation

of the schools;

     (3) Management of school housing aid in accordance with statute;

     (4) Reviewing and making recommendations to the council on elementary and secondary

education on necessity of school construction applications for state school housing aid and the

school building authority capital fund, based on the recommendations of the school building

authority advisory board;

     (5) Promulgating, managing, and maintaining school construction regulations, standards,

and guidelines applicable to the school housing program, based on the recommendations of the

school building authority advisory board, created in § 16-105-8. Said regulations shall require

conformance with the minority business enterprise requirements set forth in § 37-14.1-6;

     (6) Developing a prequalification and review process for prime contractors, architects, and

engineers seeking to bid on projects in excess of ten million dollars ($10,000,000) in total costs

subject to inflation. Notwithstanding any general laws to the contrary, a prequalification shall be

valid for a maximum of two (2) years from the date of issuance. Factors to be considered by the

school building authority in granting a prequalification to prime contractors shall include, but not

be limited to, the contractor's history of completing complex projects on time and on budget, track

record of compliance with applicable environmental and safety regulations, evidence that

completed prior projects prioritized the facility's future maintainability, and compliance with

applicable requirements for the use of women and minority owned subcontractors;

     (i) At least annually, a list of prequalified contractors, architects, and engineers shall be

publicly posted with all other program information;

     (7) Providing technical assistance and guidance to school districts on the necessity of

school construction application process;

     (8) Providing technical advice and assistance, training, and education to cities, towns,

and/or local education agencies and to general contractors, subcontractors, construction or project

managers, designers and others in planning, maintenance, and establishment of school facility

space;

     (9) Developing a project priority system, based on the recommendations of the school

building authority advisory board, in accordance with school construction regulations for the school

building authority capital fund, subject to review and, if necessary, to be revised on intervals not to

exceed five (5) years. Project priorities shall include, but not be limited to, the following order of

priorities:

     (i) Projects to replace or renovate a building that is structurally unsound or otherwise in a

condition seriously jeopardizing the health and safety of school children where no alternative exists;

     (ii) Projects needed to prevent loss of accreditation;

     (iii) Projects needed for the replacement, renovation, or modernization of the HVAC

system in any schoolhouse to increase energy conservation and decrease energy-related costs in

said schoolhouse;

     (iv) Projects needed to replace or add to obsolete buildings in order to provide for a full

range of programs consistent with state and approved local requirements; and

     (v) Projects needed to comply with mandatory, instructional programs;

     (10) Maintaining a current list of requested school projects and the priority given them;

     (11) Collecting and maintaining readily available data on all the public school facilities in

the state;

     (12) Collecting, maintaining, and making publicly available quarterly progress reports of

all ongoing school construction projects that shall include, at a minimum, the costs of the project

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and the time schedule of the project;

     (13) Recommending policies and procedures designed to reduce borrowing for school

construction programs at both state and local levels;

     (14) At least every five (5) years, conducting a needs survey to ascertain the capital

construction, reconstruction, maintenance, and other capital needs for schools in each district of the

state, including public charter schools;

     (15) Developing a formal enrollment projection model or using projection models already

available;

     (16) Encouraging local education agencies to investigate opportunities for the maximum

utilization of space in and around the district;

     (17) Collecting and maintaining a clearinghouse of prototypical school plans that may be

consulted by eligible applicants;

     (18) Retaining the services of consultants, as necessary, to effectuate the roles and

responsibilities listed within this section;

     (19) No district shall receive a combined total of more than twenty (20) incentive

percentage points for projects that commence construction by December 30, 2023, and five (5)

incentive points for projects that commence construction thereafter; provided further, these caps

shall be in addition to amounts received under §§ 16-7-40(a)(1) and 16-7-40(a)(2). Furthermore, a

district's share shall not be decreased by more than half of its regular share irrespective of the

number of incentive points received, nor shall a district's state share increase by more than half of

its regular share, including amounts received under §§ 16-7-40(a)(1) and 16-7-40(a)(2), irrespective

of the number of incentive points received. Notwithstanding any provision of the general laws to

the contrary, the reimbursement or aid received under this chapter or chapter 38.2 of title 45 shall

not exceed one hundred percent (100%) of the sum of the total project costs plus interest costs. If

a two hundred and fifty million dollar ($250,000,000) general obligation bond is approved on the

November 2018 ballot, projects approved between May 1, 2015, and January 1, 2018, are eligible

to receive incentive points (above and beyond what the project was awarded at the time of approval)

pursuant to § 16-7-39 and § 16-7-40. Provided, however, any project approved during this time

period with a project cost in excess of one million five hundred thousand dollars ($1,500,000),

which does not include an owner's program manager and a commissioning agent, shall only be

eligible to receive five (5) incentive points. Incentive points awarded pursuant to the provisions of

this subsection shall only be applied to reimbursements occurring on or after July 1, 2018. Any

project approved between May 1, 2015, and January 1, 2018, that is withdrawn and/or resubmitted

for approval shall not be eligible for any incentive points. Projects approved after July 1, 2021, that

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do not award or utilize architectural services provided by a Rhode Island based architectural firm

or business shall only be eligible to receive five (5) incentive points.

     For purposes of this section, a "Rhode Island based architectural firm or business" means:

     (i) A business with a principal place of business or headquarters located within the state;

     (ii) A business in which a minimum of fifty-one percent (51%) of its employees reside

within the state; and

     (iii) In the case of a corporation or limited liability company, is registered with the secretary

of state as a domestic entity.

     SECTION 2. This act shall take effect on July 1, 2021.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- SCHOOL BUILDING AUTHORITY

***

     This act would provide for school construction projects approved after July 1, 2021, that

Rhode Island based architectural businesses be used or the project is only eligible to receive five

(5) incentive points.

     This act would take effect on July 1, 2021.

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