Revision: March 18, 2010, midnight
SB 486-FN – AS AMENDED BY THE SENATE
03/10/10 0911s
2010 SESSION
04/03
SENATE BILL 486-FN
AN ACT relative to the school building aid program.
SPONSORS: Sen. Kelly, Dist 10; Sen. Janeway, Dist 7; Sen. D'Allesandro, Dist 20
This bill:
I. Provides that no school building aid or alternative school building aid grants shall be made to school districts for projects approved on or after June 30, 2010 until June 30, 2011.
II. Provides that the department of education, in consultation with the state fire marshal, may grant a waiver to the suspension of school building aid if the local fire chief or state or local fire marshal or designee determines, based on reasonable information and belief, that the condition of such school constitutes a clear or imminent danger to the life or safety of occupants or other persons.
III. Requires the committee to study the school building aid grant program to continue to solicit and consider public input on the goals, procedures, and operation of the school building aid grant program.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/10/10 0911s
10-2768
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the school building aid program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 School Building Aid; Alternative School Building Aid.
I. Notwithstanding RSA 198:15-a through RSA 198:15-hh and RSA 198:15-u through RSA 198:15-w, and notwithstanding the school building aid funding provisions of 2009, 144:11, the commissioner of the department of education shall issue no school building aid or alternative school building aid for any project approved on or after June 30, 2010 until June 30, 2011.
II. The department of education, in consultation with the state fire marshal, may grant a waiver to the suspension of school building aid under paragraph I if the local fire chief or state or local fire marshal or designee determines, based on reasonable information and belief, that the condition of such school constitutes a clear or imminent danger to the life or safety of occupants or other persons.
2 New Paragraph; Committee to Study the School Building Aid Grant Program. Amend 2009, 144:13 by inserting after paragraph III the following new paragraph:
III-a. The committee shall continue to solicit and consider public input on the goals, procedures, and operation of the school building aid grant program.
3 Effective Date.
I. Section 1 of this act shall take effect June 30, 2010.
II. The remainder of this act shall take effect upon its passage.
LBAO
10-2768 Amended 03/18/10
SB 486 FISCAL NOTE
AN ACT relative to the school building aid program.
FISCAL IMPACT:
The Department of Education states this bill, as amended by the Senate (Amendment #2010-0911s), will decrease local expenditures by an indeterminable amount in FY 2011 and decrease state general fund expenditures and local revenue by an indeterminable amount in FY 2013 and each fiscal year thereafter. There will be no fiscal impact on state and county revenue or county expenditures.
METHODOLOGY:
The Department of Education states this bill suspends the school building aid program in FY 2011. The Department made the following assumptions when analyzing the fiscal impact of this bill:
• The school building aid program will be funded with state general funds in FY 2012 and each fiscal year thereafter.
• “Any project approved” means approved by the legislative body of a school district.
• School districts will not proceed with school building projects in FY 2011 due to the suspension of building aid.
The Department states the fiscal impact of this bill cannot be determined because it cannot predict what projects will be approved by school districts between June 30, 2010 and June 30, 2011, under current law or under this bill. In addition, the Department cannot calculate the costs of those projects. The Department states typically when a school district approves a building project in a certain fiscal year, the Department begins providing building aid two fiscal years later. Therefore, it is assumed this bill will reduce local expenditures for school building projects during FY 2011, followed by a reduction in state general fund expenditures and local revenue in FY 2013 and each fiscal year thereafter because no building aid payments will be made in those years for projects that would have been approved in FY 2011 under current law. The Department notes state and local costs may increase in FY 2014 and later years due to inflation in construction costs for projects that are delayed.
The Department states the fiscal impact of allowing state building aid for projects caused by safety concerns cannot be determined, but is expected to be minimal. The standard of clear or imminent danger would require immediate corrective action that cannot wait for a bond vote. Such action could involve temporary measures that could remain in effect for a year without endangering staff or students. The Department does not expect it will be necessary to approve any projects under the life safety provision of this bill.