Substitute Senate Bill No. 376

Public Act No. 10-108

AN ACT CONCERNING STATE GRANT COMMITMENTS FOR SCHOOL BUILDING PROJECTS, MUNICIPAL ACCOUNTS FOR SURPLUS EDUCATION FUNDS AND REVISIONS TO CERTAIN LIBRARY STATUTES.

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 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 the estimated grant with respect to each eligible project, and having submitted such listing of eligible projects, prior to December 15, 2009, 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, 2010, as follows:

(1) Estimated Grant Commitments.

(2) Previously Authorized Projects That Have Changed Substantially in Scope or Cost which are Seeking First Reauthorization.

(3) Previously Authorized Project That Has Changed Substantially in Scope or Cost which is Seeking Second Reauthorization.

Sec. 2. Section 29 of public act 08-169, as amended by section 63 of public act 09-2 of the September special session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

(a) For the purposes described in subsection (b) of this section, the State Bond Commission shall have the power, from time to time, to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate [seven million] eleven million six hundred thousand dollars.

(b) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (a) of this section, shall be used by the Department of Education for grants-in-aid for the purpose of capital start-up costs related to the development of new interdistrict magnet school programs to assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al. , for the purpose of purchasing a building or portable classrooms, subject to the reversion provisions in subdivision (1) of subsection (c) of section 10-264h of the general statutes, leasing space, and purchasing equipment, including, but not limited to, computers and classroom furniture.

(c) All provisions of section 3-20 of the general statutes, or the exercise of any right or power granted thereby, which are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization which is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission, in its discretion, may require. Said bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due.

Sec. 3. (Effective from passage) Notwithstanding the provisions of section 10-284 of the general statutes or any regulations adopted by the State Board of Education requiring that a town or regional school district begin construction on a project not later than two years after the effective date of the act of the General Assembly authorizing the Commissioner of Education to enter into grant commitments for such project, the town of Bridgeport shall have until June 30, 2012, to begin construction on a new interdistrict magnet school (Project Number 015-1059 MAG/NEW) at the Multi-Magnet High School.

Sec. 4. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes 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 Bureau of School Facilities, the town of East Haven may let out for bid on and commence a project for roof replacement (Project Number 044-0071 RR) at Overbrook Early Learning Center 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 Bureau of School Facilities.

Sec. 5. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes 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 Bureau of School Facilities, the town of East Haven may let out for bid on and commence a project for roof replacement (Project Number 044-0072 RR) at Momauguin 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 Bureau of School Facilities.

Sec. 6. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes 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 Bureau of School Facilities, the town of East Haven may let out for bid on and commence a project for roof replacement (Project Number 044-0073 RR) at Deer Run 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 Bureau of School Facilities.

Sec. 7. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes 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 Bureau of School Facilities, the town of East Haven may let out for bid on and commence a project for roof replacement (Project Number 044-0074 RR) at Joseph Melillo Middle 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 Bureau of School Facilities.

Sec. 8. (Effective from passage) Notwithstanding the provisions of section 10-287 of the general statutes or any regulation adopted by the State Board of Education pursuant to said section requiring a competitive bidding process for orders and contracts for school building construction receiving state assistance under chapter 173 of the general statutes, the town of Granby shall not be required to conduct such processes for orders and contracts for the portion of the project for renovation and expansion (Project Number 056-0050 EA/RR) at the Kelly Lane Intermediate School for Change Order #5 and Change Order #6 and shall be eligible to receive reimbursement for costs associated with such change orders.

Sec. 9. (Effective from passage) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education pursuant to said section requiring that the description of a project type for a school building project be made at the time of application for a school building project grant or the provisions of subdivision (18) of section 10-282 of the general statutes, or any regulation adopted by the State Board of Education pursuant to said section, the town of Manchester may change the description of the extension and alteration project (Project Number 077-0224 EA/RR) at Highland Park School to a renovation project and subsequently qualify as a renovation, as defined in subdivision (18) of said section 10-282.

Sec. 10. (Effective from passage) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education pursuant to said section requiring that the description of a project type for a school building project be made at the time of application for a school building project grant or the provisions of subdivision (18) of section 10-282 of the general statutes, or any regulation adopted by the State Board of Education pursuant to said section, the town of New Haven may change the description of the extension and alteration project (Project Number 093-0319 EA/RR) at Fair Haven Middle School to a renovation project and subsequently qualify as a renovation, as defined in subdivision (18) of said section 10-282, except that the Commissioner of Education shall not exempt or modify the standard space specifications, pursuant to section 10-286 of the general statutes, for such project.

Sec. 11. (Effective from passage) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education pursuant to said section requiring that the description of a project type for a school building project be made at the time of application for a school building project grant or the provisions of subdivision (18) of section 10-282 of the general statutes, or any regulation adopted by the State Board of Education pursuant to said section, the town of New Haven may change the alteration project (Project Number 093-0343 A) at Troup Middle School to a renovation project and subsequently qualify as a renovation, as defined in subdivision (18) of said section 10-282, except that the Commissioner of Education shall not exempt or modify the standard space specifications, pursuant to section 10-286 of the general statutes, for such project, and provided the increase in the grant commitment due to such change from an alteration project to a renovation project shall not exceed five million eight hundred thousand dollars.

Sec. 12. (Effective from passage) Notwithstanding the provisions of subparagraph (A) of subdivision (3) of subsection (a) of section 10-283 of the general statutes or any regulations adopted pursuant to said section requiring any town or regional school district to refund the unamortized balance of a school construction grant if the town or regional school district abandons, sells, leases, demolishes or otherwise redirects the use of a school building to other than a public school, the town of Norwich shall not be required to refund up to two hundred fifty thousand dollars in total if one or more school buildings are redirected for another use prior to June 30, 2010. On or before June 30, 2010, the town of Norwich shall notify the Department of Education of which school buildings will be so redirected.

Sec. 13. (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 concerning projected enrollment for a school building project for purposes of calculating eligible costs for a school building project grant, the town of Plainville may use five hundred fifty-three as its projected enrollment figures for the expansion and alteration project (Project Number 110-0057 EA) at the Linden Street School, provided the local board of education serving the town of Plainville accepts at least twenty-four students participating in the program established pursuant to section 10-266aa of the general statutes for the school year commencing July 1, 2011, and meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education.

Sec. 14. (Effective from passage) Notwithstanding any provision of section 10-283 of the general statutes or 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 Plainville may expand the scope of the extension and alteration and roof replacement project at the Louis Toffolon School (Project Number 110-0059 EA/RR) to include the installation of a solar panel system.

Sec. 15. (Effective from passage) Notwithstanding the provisions of section 10-287 of the general statutes or any regulation adopted by the State Board of Education pursuant to said section requiring a competitive bidding process for orders and contracts for school building construction receiving state assistance under chapter 173 of the general statutes, the town of Plainville shall not be required to conduct such process for orders and contracts for the portion of the project for extension and alteration and roof replacement for the Louis Toffolon School (Project Number 110-0059 EA/RR) concerning the installation of a solar panel system.

Sec. 16. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes 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 Bureau of School Facilities, the town of Plainville may commence a project for extension and alteration and roof replacement (Project Number 110-0059 EA/RR) at the Louis Toffolon 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 Bureau of School Facilities.

Sec. 17. (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 concerning projected enrollment for a school building project for purposes of calculating eligible costs for a school building project grant, the town of Ridgefield may use one thousand seven hundred ninety-eight as its projected enrollment figure for the expansion and alteration project (Project Number 118-0050 EA/RR) at the Ridgefield High School, and meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education.

Sec. 18. (Effective from passage) Notwithstanding the provisions of section 10-286 of the general statutes or any regulation adopted by the State Board of Education setting square footage specifications for purposes of calculating eligible costs for a school building project grant, the town of Ridgefield may use three hundred fourteen thousand three hundred seventeen square feet as the maximum square footage for the expansion and alteration project (Project Number 118-0050 EA/RR) at the Ridgefield High School.

Sec. 19. (Effective from passage) Notwithstanding the provisions of section 10-287 of the general statutes or any regulation adopted by the State Board of Education pursuant to said section 10-287 requiring a competitive bidding process for orders and contracts for school building construction receiving state assistance under chapter 173 of the general statutes, the town of Ridgefield shall not be required to conduct such process for orders and contracts for the portion of the project for the expansion and alteration project (Project Number 118-0050 EA/RR) at the Ridgefield High School.

Sec. 20. (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 concerning projected enrollment for a school building project for purposes of calculating eligible costs for a school building project grant, the town of Tolland shall not be responsible for returning any portion of the grant already paid to the town based on the enrollment figure of one thousand two hundred prior to the effective date of this section for the purchase of site and new construction project (Project Number 142-0069 N/PS) and the Department of Education shall not be responsible for making further grant payments to the town based on said enrollment figure.

Sec. 21. (Effective from passage) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education that requires school building projects that have changed in scope or cost to be included on the listing of eligible school building projects prepared by the Commissioner of Education and submitted to the Governor and the General Assembly, the city of Waterbury may change the scope of the project at the Carrington School (Project Number 151-0275 EA) to a new construction 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 Bureau of School Facilities.

Sec. 22. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes 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 Bureau of School Facilities, the town of West Hartford may let out for bid on and commence a project for partial roof replacement (Project Number 155-0229 RR) at Norfeldt 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 Bureau of School Facilities.

Sec. 23. (Effective from passage) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education pursuant to said section 10-283 concerning ineligible costs, the town of Windham shall be eligible to receive reimbursement for costs associated with an off-site connection to sanitary sewer and public water service utilities that will serve the Windham Interdistrict Magnet School (Project Number 163-0071 MAG/N), provided the town of Windham can show proof that the cost of such off-site connection is less than the cost of utilizing an on-site well and sewer and ensure that there will be no other connections to such off-site connection by anyone other than the Windham Interdistrict Magnet School.

Sec. 24. (Effective from passage) Notwithstanding the provisions of section 10-283 of the general statutes or any regulation adopted by the State Board of Education pursuant to said section requiring that the description of a project type for a school building project be made at the time of application for a school building project grant or the provisions of subdivision (18) of section 10-282 of the general statutes, or any regulation adopted by the State Board of Education pursuant to said section, requiring that not less than seventy-five per cent of a building to be renovated is at least thirty years old, Regional School District Number 18 may change the description of the extension and alteration project (Project Number 218-0035 EA/RR) at Lyme-Old Lyme High School to a renovation project and subsequently qualify as a renovation, as defined in subdivision (18) of said section 10-282.

Sec. 25. (Effective from passage) Notwithstanding the provisions of subdivision (18) of section 10-282 of the general statutes or any regulation adopted by the State Board of Education requiring that a renovation project to an existing facility cost less than building a new facility, Regional District Number 18 may proceed with a renovation project (Project Number 218-0035 EA/RR) at Lyme-Old Lyme High School without submitting a cost analysis of the project prepared by an independent licensed architect prior to final plan approval.

Sec. 26. (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 concerning projected enrollment for a school building project for purposes of calculating eligible costs for a school building project grant, the town of Bethel may use five hundred ninety-seven as its projected enrollment figure for the renovation and extension project (Project Number 009-0054 RNV/E) at the Frank A. Berry Elementary School, and meets all other provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education.

Sec. 27. (Effective from passage) Notwithstanding the provisions of section 10-286 of the general statutes or any regulation adopted by the State Board of Education setting square footage specifications for purposes of calculating eligible costs for a school building project grant, the town of Bethel may use seventy-one thousand six hundred forty square feet as the maximum square footage for the renovation and extension project (Project Number 009-0054 RNV/E) at the Frank A. Berry Elementary School and shall be eligible to receive a grant commitment from the state.

Sec. 28. (Effective from passage) Notwithstanding any provision of section 10-283 of the general statutes or 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 Middletown may expand the scope of the new construction project at the new Middletown High School (Project Number 083-0109 N) to include the construction of an emergency access to Cynthia Lane.

Sec. 29. (Effective from passage) Notwithstanding the provisions of sections 10-291 and 10-292 of the general statutes 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 Bureau of School Facilities, the town of Middletown may let out for bid on and commence a new construction project (Project Number 083-0109 N) at the new Middletown 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 Bureau of School Facilities.

Sec. 30. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes 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 Bureau of School Facilities, the town of Bristol may let out for bid on and commence projects for roof replacement at Jennings School (Project Number TMP-017-PRVQRR) and shall be eligible to subsequently be considered for grant commitments from the state, provided plans and specifications have been approved by the Department of Education's Bureau of School Facilities.

Sec. 31. (Effective from passage) Notwithstanding the provisions of section 10-292 of the general statutes 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 Brookfield may let out for bid on and commence a project for asbestos removal (Project Number 018-0053 CV) at the Center 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. 32. (NEW) (Effective July 1, 2010) For the fiscal year ending June 30, 2011, and each fiscal year thereafter, notwithstanding any provision of the general statutes or any special act, municipal charter, home rule ordinance or other ordinance, the board of finance in each town having a board of finance, the board of selectman in each town having no board of finance or the authority making appropriations for the school district for each town may deposit into a nonlapsing account any unexpended funds from the prior fiscal year from the budgeted appropriation for education for the town, provided such amount does not exceed one per cent of the total budgeted appropriation for education for such prior fiscal year.

Sec. 33. Section 11-32 of the general statutes is repealed and the following is substituted in lieu thereof (Effective June 1, 2010):

The [city council] legislative body of any [city] municipality may establish [and maintain] or operate a public library and reading room, together with such kindred apartments and facilities as the [council] legislative body approves; and may levy a tax annually on all taxable property of the [city] municipality for the establishment or operation of a public library. Such tax shall be levied and collected as other taxes, and shall be known as the "library fund". Such library and reading room shall be free to the use of the inhabitants of the city, subject to such reasonable rules and regulations as the board of trustees may adopt in order to render the use of the library and reading room of the greatest benefit. Such board may exclude from the use of such library and reading room any person who wilfully violates such rules, and may extend its privileges to persons residing in this state outside the city upon such terms and conditions as it may prescribe.

Sec. 34. Section 11-33 of the general statutes is repealed and the following is substituted in lieu thereof (Effective June 1, 2010):

When [any city council] the legislative body of any municipality has decided to establish [and maintain] a public library and reading room, the [mayor] chief elected official of such [city] municipality shall, with the approval of the [council] legislative body, appoint a board of nine trustees. Not more than one member of the [city council] legislative body shall be a member of said board. The trustees shall, immediately after their appointment, meet and organize by the election of one of their number as president and by the election of such other officers as they deem necessary. They shall make and adopt bylaws, rules and regulations for the government of the library and reading room and shall have exclusive control of the expenditure of all moneys collected to the credit of the library fund, and of the construction of any library building, and of the supervision, care and custody of the grounds, rooms or buildings constructed, leased, given or set apart for that purpose; provided all moneys collected and received for such purpose shall be placed in the treasury of such [city] municipality, to the credit of its library fund, and shall be kept separate from other moneys of the [city] municipality and shall be drawn upon by the proper officers of the [city] municipality, upon duly authenticated vouchers of the trustees. Such board may purchase, lease or accept grounds, and erect, lease or occupy an appropriate building or buildings, for the use of such library, appoint a library director and all necessary assistants and fix their compensation. Any person desiring to make a gift for the benefit of such library may vest the title to such donation in the board of trustees to be held and controlled according to the terms of the gift of such property; and such board shall be special trustee thereof.

Sec. 35. Section 11-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective June 1, 2010):

When fifty electors of any [town or borough] municipality present a petition to the clerk of such [town or borough] municipality, asking that an annual tax be levied for the establishment [and maintenance] or operation of a free public library and reading room in such [town or borough] municipality, and specify in their petition a rate of taxation, not to exceed three mills on the dollar, such clerk shall, in the next legal notice of the regular municipal election in such [town or borough] municipality, give notice that at such election the question of an annual tax for the [maintenance] establishment or operation of a library is to be voted upon in the manner prescribed in section 9-369. The designation of such question on the voting machine ballot label shall be "Shall a . . . . mill tax be levied to establish [and maintain] a free public library and reading room?" or "Shall a .... mill tax be levied to operate a free public library and reading room?". Such notice and such designation of the question on the voting machine ballot label shall specify the rate of taxation mentioned in such petition. If, upon the official determination of the result of such vote, it appears that a majority of all the votes upon such question are in approval of such question, the tax specified in such notice shall be levied and collected in the same manner as other general taxes of such [town or borough] municipality and shall be known as the "library fund". All moneys collected and received by the levy of such tax shall be placed in the treasury of such municipality, to the credit of its library fund, and shall be kept separate from other moneys of the municipality and shall be drawn upon by the proper officers of the municipality, upon duly authenticated vouchers of the library's trustees. Such tax may afterwards be lessened or increased within the three-mill limit, or made to cease, in case the electors of any such [town or borough] municipality so determine by a majority vote at any regular municipal election held therein, in the manner hereinbefore prescribed for voting upon such question. [; and] When a free public library is established pursuant to this section, the corporate authorities of such [town or borough] municipality may exercise the same powers relative to such free public [libraries] library and reading [rooms] room as are conferred upon the corporate authorities of [cities] municipalities pursuant to section 11-33, as amended by this act.

Sec. 36. (Effective from passage) Notwithstanding the provisions of chapter 173 of the general statutes or any regulation adopted by the State Board of Education concerning site acquisition costs, the project for the new Shelton Intermediate School (Project Number 126-0074 N) in Shelton shall be reimbursed for site acquisition costs.

Approved June 7, 2010