Bill Text - SB59 (2010)

Relative to the renovation and replacement of school buildings.


Revision: Dec. 10, 2009, midnight

SB 59 – AS AMENDED BY THE SENATE

04/08/09 1145s

2009 SESSION

09-0990

04/09

SENATE BILL 59

AN ACT relative to the renovation and replacement of school buildings.

SPONSORS: Sen. Fuller Clark, Dist 24

COMMITTEE: Education

ANALYSIS

This bill:

I. Requires school districts to investigate all feasible options in the course of deciding to renovate or replace an existing school building.

II. Provides that acquisition of additional land as part of any school renovation project shall not be required unless such additional land is necessary to ensure the safe flow of traffic for school buses or other vehicles entering or exiting school grounds, or the safe boarding or discharge of children using school buses or other vehicles.

III. Requires plans for construction or renovation of school buildings to comply with a municipality’s master plan and the principles of smart growth.

IV. Requires the school board of a school district considering a construction or renovation project to provide any local planning board comments in response to the proposed project to the school district legislative body prior to a vote by the district’s legislative body on the proposed project.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/08/09 1145s

09-0990

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to the renovation and replacement of school buildings.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Schoolhouses; Location and Construction by District. Amend RSA 199:1 to read as follows:

199:1 Location and Construction by District. The district may decide upon the location of its schoolhouses by vote or by a committee appointed for the purpose, provided, however, that all plans, specifications, and the selection of site for any new school buildings for any school district within the state shall be approved by the school board of the district in which it is proposed to construct such a building. The provisions of this section shall apply to all new construction of public school buildings, including those constructed by grant or loans of funds from state, the federal government, or other sources. The district shall investigate all feasible options in the course of deciding to renovate or replace an existing school building. In considering such options, the district shall seek input from the public, the local planning board, and municipal authorities, including local elected officials, police, fire, and public works personnel. As part of their final recommendation on the chosen construction alternative, the school board of a school district considering a construction or renovation project shall demonstrate how the school building project conforms to the community master plan and local planning and zoning regulations. For the purposes of this chapter, in addition to their usual meanings, the words “schoolhouse” and “school building” also mean educational administration building, including school administrative unit facilities.

2 New Paragraph; School Building Aid; Amount of Annual Grant. Amend RSA 198:15-b by inserting after paragraph VII the following new paragraph:

VIII. For the purpose of receiving grants under this section, acquisition of additional land as part of any school renovation project shall not be required unless such additional land is necessary to ensure the safe flow of traffic for school buses or other vehicles entering or exiting school grounds, or the safe boarding or discharge of children using school buses or other vehicles.

3 School Building Aid; Approval of Plans. Amend RSA 198:15-c to read as follows:

198:15-c Approval of Plans, Specifications, and Costs of Construction or Purchase. A school district maintaining approved schools, desiring to avail itself of the grants herein provided shall have the plans, specifications, and cost estimates for school plant construction or proposals for the purchase of school buildings, or both, and the costs for them approved by the state board prior to the start of construction. For this purpose the district shall submit its plans, specifications, cost, and purchase estimates in writing to the department of education on such forms as the department prescribes. A school district shall also submit a copy of any application for energy efficiency reimbursement under RSA 374-F. The department of education shall coordinate with the public utilities commission to ensure that eligible school districts have submitted applications for funding reimbursement and technical assistance as available from energy utility companies to promote indoor air quality and energy efficiency in public schools. Application for school building aid shall be submitted before January 1 of each year in order to be eligible for school building aid in the fiscal year following the year of submittal. The department of education shall not approve the plans, specifications, cost, or purchase estimates, if in the department’s judgment the facilities planned will not adequately meet the educational requirements, or if its cost estimates are excessive or unreasonable. The department of education shall not approve the plans, specifications, cost, or purchase estimates if in the department’s judgment the proposed construction or purchase is in conflict with effective statewide planning or the principles of smart growth pursuant to RSA 9-B. Necessary costs of the purchase of school buildings may be determined by any recognized method of real estate appraisal with appropriate adjustments for remodeling or other expenditures. Upon approval of the construction or purchase, or both, by the department of education, the school district shall be entitled to receive an annual grant as provided herein.

4 Governmental Land Uses. Amend RSA 674:54, II to read as follows:

II. The state, university system, community college system of New Hampshire, county, town, city, school district, or village district shall give written notification to the governing body and planning board, if such exists, of a municipality of any proposed governmental use of property within its jurisdiction, which constitutes a substantial change in use or a substantial new use. Written notification shall contain plans, specifications, explanations of proposed changes available at the time, a statement of the governmental nature of the use as set forth in paragraph I, and a proposed construction schedule. Such notification shall be provided at least 60 days prior to the beginning of construction. Either the governing body or planning board of the municipality may conduct a public hearing relative to the proposed governmental use. Any such hearing shall be held within 30 days after receipt of notice by the governing body or planning board. A representative of the governmental entity which provided notice shall be available to present the plans, specifications, and construction schedule, and to provide explanations. The governing body or planning board may issue nonbinding written comments relative to conformity or nonconformity of the proposal with normally applicable land use regulations to the sponsor of the governmental use within [30] 10 days after the hearing.

5 Effective Date. This act shall take effect 60 days after its passage.