HB 1165  - AS INTRODUCED

 

 

2024 SESSION

24-2118

10/08

 

HOUSE BILL 1165

 

AN ACT relative to procedures for school facilities under the department of education.

 

SPONSORS: Rep. Ladd, Graf. 5

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill revises requirements for school district receipt and use of school building aid and clarifies rulemaking and administration of the school building aid and public school infrastructure fund.

 

This bill is a request of the department of education.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2118

10/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to procedures for school facilities under the department of education.

 

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

 

1  State Board of Education; Rulemaking; School Building Construction.  Amend RSA 21-N:9, II(c) to read as follows:

(c) Standards for school building construction, including under the provisions of RSA 198:15-a through RSA 198:15-z.

2  School Building Aid; Amount of Grant.  Amend RSA 198:15-b, III(c) to read as follows:

(c) The state board of education shall adopt rules pursuant to RSA 541-A relative to the maximum usable site size for land purchases qualifying for a school building aid grant. These standards shall take into account the type and size of the school and shall be based on the minimum site size appropriate for the construction of a school. [ Maximum size standards shall be expressed as a maximum acreage per pupil.]

3  New Paragraph; School Building Aid; Use of Grant.  Amend RSA 198:15-b by inserting after paragraph III the following new paragraph:

IV. All school building aid grants shall be deposited by the department into an established school district expendable trust created pursuant to RSA 198:20-c, with unused building aid grant funds remaining invested at all times. School construction project funds maintained in the expendable trust shall not be commingled with non-project funds of the district.  All interest accrued shall be used for operation and maintenance cost or capital improvement projects for the related school facility.

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

III.  A school district that accepts school building aid for construction shall engage the services of [a project manager] an owner's representative for construction or reconstruction projects of $1,000,000 or more, unless the commissioner waives such requirement as unnecessary.  The school district's [project manager] owner's representative shall have his or her own comprehensive liability and auto insurance, worker's compensation coverage, and professional liability coverage.  The state board of education shall adopt rules pursuant to RSA 541-A relative to the required services, responsibilities, and qualifications for the school district's [project manager] owner's representative.

5  Public School Infrastructure Fund; Authorization.  Amend the introductory paragraph of RSA 198:15-y, III to read as follows:

III.  The [governor, in consultation with the] public school infrastructure commission[,] may authorize the department of education to fund expenditures [with approval of the fiscal committee of the general court and the executive council.  Funds may be expended] for the following purposes:

6  Public School Infrastructure Commission.  Amend RSA 198:15-z, IV to read as follows:

IV.  The members of the commission shall elect a chairperson from among the members.  [The first meeting of the commission shall be called by the first-named house member.  The first meeting of the commission shall be held within 45 days of the effective date of this section.  The commission shall meet at least monthly.]  The commission shall provide a report on or before June 30[, 2021] of each year to the general court with information on fund expenditures for the year, projects begun or completed during the previous year, the balance in the public school infrastructure fund, and any other information the commission deems appropriate.

7  Investigation of Air Quality.  Amend RSA 200:11-a to read as follows:

200:11-a  Investigation of Air Quality.

I.  The school principal, or designee shall annually investigate the air quality of any schoolhouse or building used for school purposes [using a checklist] and report the findings by completing a survey provided by the department of education.  The [checklist] survey shall be established in rules adopted by the state board of education pursuant to RSA 541-A.  The purpose of the [review] investigation shall be to consider physical factors that can influence the air quality within the schoolhouse or building.  The [review] investigation shall require a physical assessment of the facilities, not a measurement of the air quality.  The[ checklist] survey shall allow an evaluation of the following physical conditions that can impact air quality: general cleanliness, ventilation, moisture control, and chemical use and storage.  The completed [checklist] survey shall be filed after the annual inspection with the department of education, the local school board, and the local health officer.  [Checklists] Survey responses shall remain on file for 5 years.  [Checklists] Survey responses shall be reviewed during the 5 year school approval process and shall be a factor in the approval process for a public school.

II.  The department of education shall [ensure that every public school in New Hampshire possesses a copy of the] encourage good air quality practices by disseminating the United States Environmental Protection Agency Tools for Schools program [and shall encourage public schools to implement the program to help provide and maintain good indoor air quality in public school buildings] to every public school in New Hampshire.

III.  Any school principal or designee who has conducted a good faith report under RSA 200:11-a shall be immune from civil liability.

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