HB528 (2012) Detail

Requiring school districts to develop a facility maintenance and capital improvement program.


HB 528-FN-LOCAL – AS AMENDED BY THE HOUSE

15Mar2011… 0333h

2011 SESSION

11-0621

04/10

HOUSE BILL 528-FN-LOCAL

AN ACT requiring school districts to develop a facility maintenance and capital improvement program.

SPONSORS: Rep. Ladd, Graf 5; Rep. Boehm, Hills 27; Rep. Jasper, Hills 27; Rep. Fleck, Carr 5; Sen. D'Allesandro, Dist 20

COMMITTEE: Education

AMENDED ANALYSIS

This bill requires school districts to develop a facility maintenance and capital improvement program no later than July 1, 2016 in order to be eligible to receive school building aid grants.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Mar2011… 0333h

11-0621

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT requiring school districts to develop a facility maintenance and capital improvement program.

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

1 School Building Aid; Annual Payment. Amend RSA 198:15-a, I to read as follows:

I.(a) To aid local school districts in meeting the costs of the payment of debt for school buildings and educational administration buildings, including office facilities for school administrative units, and to meet the costs of leasing permanent space in a building which is used for the operation of a high school vocational technical education program, the department of education shall, from funds appropriated by the general court to carry out the provisions of this subdivision, pay annually to the school districts of the state which have implemented a facility maintenance and capital improvement program in accordance with RSA 198:15-y, sums in accordance with the provisions of this subdivision or the alternative school building aid provisions under RSA 198:15-u through RSA 198:15-w, depending on which option a school district elects. The annual grant to school districts shall be made in 2 approximately equal payments, one in October and one in April of each fiscal year. No payment shall be made to a school district prior to the district's first payment on the amount of principal borrowed.

2 School Building Aid; Approval of Plans, Specifications, and Costs. Amend RSA 198:15-c to read as follows:

198:15-c Approval of Plans, Specifications, and Costs of Construction or Purchase.

I. 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.

II. The department of education shall not approve the plans, specifications, cost, or purchase estimates, if in the department's judgment:

(a) The facilities planned will not adequately meet the educational requirements, or if [its] the 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]; or

(b) The proposed construction or purchase is in conflict with effective statewide planning pursuant to RSA 9-A or the principles of smart growth pursuant to RSA 9-B; or

(c) The school district has failed to comply with the facility maintenance and capital improvement program required under RSA 198:15-y, unless the department determines that the school district has shown good cause for the noncompliance in which case the department may approve the school district’s request.

III. 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.

3 New Subdivision; School Building Aid; Facility Maintenance and Capital Improvement Programs. Amend RSA 198 by inserting after section 15-w the following new subdivision:

Facility Maintenance and Capital Improvement Programs

198:15-x Definitions. In this subdivision:

I. “Facility maintenance and capital improvement program” means a program to replace or repair building systems on a building by building basis for each school district.

II. “Maintenance plan” means a plan to address scheduled and unscheduled repairs and maintenance necessary to achieve the designed life expectancy of building systems and components.

198:15-y Facility Maintenance and Capital Improvement Programs.

I. Beginning July 1, 2016, each school district shall develop and implement a facility maintenance and capital improvement program which includes a maintenance plan for each building in the school district in order to be eligible to receive school building aid grants.

II. A maintenance plan shall, at a minimum, include a maintenance and replacement schedule for all major building systems to include but not be limited to the following:

(a) Heating, ventilation, and air conditioning systems.

(b) Plumbing and electrical systems.

(c) Integrated technology systems.

(d) Roof systems.

(e) Building exterior.

(f) Windows and doors.

(g) Building interior, including painting and flooring.

(h) Site maintenance.

(i) Annual fire safety inspection report.

III. A capital improvement program shall, at a minimum, include for a 10-year period:

(a) The school district’s educational mission, vision, and goals.

(b) Assessment of program capacity of an existing facility.

(c) Enrollment projections and new program needs.

(d) Efficiencies of current space usage.

(e) Match of infrastructure to educational programs.

(f) Education specifications.

(g) Estimated associated costs and a budget reflecting those costs.

(h) Evidence of consultation with the local planning board and with the regional planning commission.

IV. The school district shall, to the extent possible, commit the resources necessary to implement the facility maintenance and capital improvement program for all school buildings and facilities within the school district.

V. Beginning July 1, 2016, and annually thereafter, each school district shall report to the department of education, on a form provided by the department, the actual amount budgeted for facilities maintenance, capital improvement, or capital reserves, and whether these amounts comply with its facility maintenance and capital improvement program.

4 Effective Date. This act shall take effect January 1, 2012.

LBAO

11-0621

Amended 03/30/11

HB 528-FN-L - FISCAL NOTE

AN ACT requiring school districts to develop a facility maintenance and capital improvement program.

FISCAL IMPACT:

      The New Hampshire Department of Education states this bill, as amended by the House (Amendment #2011-0333h), will increase local expenditures by an indeterminable amount in FY 2015 and each fiscal year thereafter. There will be no fiscal impact on state and county expenditures, or state, county, and local revenues.

METHODOLOGY:

    This bill requires that as of July 1, 2016, school districts develop a facility maintenance and capital improvement program that includes a maintenance plan for each building in the school district in order to be eligible for school building aid in accordance with RSA 198:15. The Department of Education states the proposed legislation will increase local expenditures by the cost associated with the initial development of the maintenance plans, and the costs associated with updating and maintaining the plans. The Department currently estimates the average cost per school district for the development of the plan to be approximately $20,000, and the average cost to update a plan to be approximately $2,000. However, the Department is unable to estimate to what extent local expenditures will increase as the Department is unable to determine how many school districts will apply for school building aid and thus trigger the requirement. The Department also notes since the requirement is not effective until July 1, 2016, local expenditures are not likely to increase as a result of the proposed legislation until FY 2015 at the earliest.