2015 -- H 5393

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO EDUCATION - FOUNDATION LEVEL SCHOOL SUPPORT

     Introduced By: Representatives McLaughlin, Amore, Marcello, Lombardi, and Messier

     Date Introduced: February 11, 2015

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-7-41.1 of the General Laws in Chapter 16-7 entitled

"Foundation Level School Support [See Title 16 Chapter 97 - The Rhode Island Board Of

Education Act]" is hereby amended to read as follows:

     16-7-41.1. Eligibility for reimbursement. -- (a) School districts, not municipalities, may

apply for and obtain approval for a project under the necessity of school construction process set

forth in the regulations of the board of regents for elementary and secondary education, provided,

however, in the case of municipality which issues bonds through the Rhode Island Health and

Educational Building Corporation to finance or refinance school facilities for a school district

which is not part of the municipality, the municipality may apply for and obtain approval for a

project. Such approval will remain valid until June 30 of the third fiscal year following the fiscal

year in which the board of regents for elementary and secondary education's approval is granted.

Only those projects undertaken at school facilities under the care and control of the school

committee and located on school property may qualify for reimbursement under §§ 16-7-35 -- 16-

7-47. Facilities with combined school and municipal uses or facilities that are operated jointly

with any other profit or non-profit agency do not qualify for reimbursement under §§ 16-7-35 --

16-7-47. Projects completed by June 30 of a fiscal year are eligible for reimbursement in the

following fiscal year. A project for new school housing or additional housing shall be deemed to

be completed when the work has been officially accepted by the school committee or when the

housing is occupied for its intended use by the school committee, whichever is earlier.

      (b) Notwithstanding the provisions of this section, neither the board of regents education

nor the council on elementary and secondary education shall not grant final approval for any

project between June 30, 2011 and May 1, 2015 or the date of passage of this act, whichever

occurs first, except for projects that are necessitated by immediate health and safety reasons. In

the event that a project is requested during the moratorium because of immediate health and

safety reasons, those proposals shall be reported to the chairs of the house and senate finance

committees. After the date of passage of this act or May 1, 2015, whichever occurs first, the

moratorium on projects shall be deemed lifted and no longer in effect, and the council on

elementary and secondary education shall have authority to grant final approval of projects.

      (c) Any project approval granted prior to the adoption of the school construction

regulations in 2007, and which are currently inactive; and any project approval granted prior to

the adoption of the school construction regulations in 2007 which did not receive voter approval

or which has not been previously financed, are no longer eligible for reimbursement under this

chapter. The department of elementary and secondary education shall develop recommendations

for further cost containment strategies in the school housing aid program.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - FOUNDATION LEVEL SCHOOL SUPPORT

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     This act would eliminate the moratorium on new school building projects effective upon

passage of the act or May 1, 2015, whichever were to occur first.

     This act would take effect upon passage.

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