2019 -- H 5632

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LC001303

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO EDUCATION -- SCHOOL FUNDS AND PROPERTY

     

     Introduced By: Representatives Marszalkowski, Donovan, and Carson

     Date Introduced: February 27, 2019

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 16-9 of the General Laws entitled "School Funds and Property" is

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hereby amended by adding thereto the following section:

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     16-9-4.2. Legislative intent.

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     (a) The legislature has determined that it is in the best interest of the state to promote the

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creation of roof and ground mounted solar installations on school property in order to reduce the

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use of fossil fuels by schools in each municipality in the state and in order to finance and defray

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costs of repairing school roofs of existing schools and in new construction of school facilities. It

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is further the intent of the legislature to establish a pilot program to promote the use of solar

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energy systems to generate electricity in school buildings.

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     (b) There is hereby established a pilot program that shall be implemented by the

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department of elementary and secondary education and the office of the postsecondary

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commissioner that shall operate as provided in this chapter.

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     16-9-4.3. Legislative findings.

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     (a) State and local school buildings offer large flat surfaces that are ideal for the

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installation of solar panels; and

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     (b) School buildings are usually a great distance from tall buildings and trees, making

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them ideally exposed to sunlight; and

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     (c) In these times of increasingly growing school budgets, the generation of electricity

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could provide local school boards with an additional funding source or cost saving measures.

 

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     16-9-4.4. Definitions.

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     As used in this chapter:

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     (1) "Abandonment" means the solar energy system shall be considered abandoned when

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it either reaches the end of its useful life, or is disconnected.

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     (2) "Commercial scale" means a solar system that is greater than twenty-five kilowatts

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(25 kW), but less than one megawatt (1 MW) nameplate capacity.

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     (3) "Department" means the department of elementary and secondary education.

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     (4) "Large scale" means a solar system that is from one megawatt (1 MW), up and to and

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including, five megawatts (5 MW) nameplate capacity.

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     (5) "Nameplate capacity" means the maximum rated output of electric power production

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of the solar energy system in watts of alternating current (AC).

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     (6) "New school construction" means any new school buildings or additions of any new

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classrooms to existing school buildings. 

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     (7) "Office" means the office of the postsecondary commissioner.

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     (8) "School" means any residential or non-residential school building, public, private or

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charter, of any city or town or community educational system regulated, directly or secondarily,

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by the council on elementary and secondary education, the department of elementary and

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secondary education, or any other state education board or local city or town school board or

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school committee or other legal educational subdivision acting under it. Included in this definition

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of school is any institution for the education of adults such as colleges, universities, graduate

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schools, and trade or technical schools (hereinafter "colleges"). As used in this chapter, the term

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"school or schools" includes, but is not limited to, school playgrounds, school administration

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buildings, indoor school athletic facilities, school gymnasiums, school locker rooms, and similar

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school buildings. A school shall not include child-care facilities regulated by the department of

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children, youth and families.

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     (9) "Solar energy system" means all equipment, machinery and structures utilized in

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connection with the conversion of solar energy to electricity, to provide for heating, cooling,

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water heating or electricity generation.

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     16-9-4.5. School construction.

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     (a) The department and the office of the postsecondary commissioner in the case of a

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college, are instructed to develop regulations to ensure that any city, town, or district or college

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which undertakes "new school construction" or roof repairs to existing school buildings shall

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study, design, and construct or renovate school buildings that are energy efficient and use solar

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energy systems to generate electricity to meet some of the school's electrical energy needs,

 

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electrical energy demand, or a combination of the electrical energy needs and electrical energy

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demand.

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     (b) The department and office shall provide grants out of state funds dedicated for this

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program to local boards and colleges to assist in implementing the use of solar energy systems at

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existing schools or in new or renovated school building projects and to develop a procedure for

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school boards and colleges to apply for grants in accordance with this section. Grants provided

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under this section may be funded out of the state's general fund or through bonds issued by the

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state or municipality.

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     (c) The department and office shall develop rules and regulations to establish procedures

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for school boards or colleges to enter into leases with solar energy providers in order to finance

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the installation of solar energy systems and repairs to existing school roofs.

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     (1) Any solar energy provider that enters into any lease with any municipal, private or

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state school, shall not install any system smaller than a commercial scale system and no system

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larger than a large scale system on any school roof or property.

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     (d) Any school that receives a grant under this section shall pay ten percent (10%) of the

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cost to purchase and install the solar energy system and all architectural or engineering fees for

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the design and supervision of the installation of the solar energy system.

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     (e) The office of energy resources shall cooperate with, assist, provide technical

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assistance to, and advise school boards and colleges to identify appropriate existing school

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buildings and school construction projects that would benefit from the installation of solar energy

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systems.

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     16-9-4.6. Design standards.

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     (a) Any roof mounted solar energy systems shall be installed in compliance with the state

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building code, the state fire code, and shall otherwise be in conformance with local zoning rules

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and regulations.

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     (b) All appurtenant structures to solar energy systems shall be architecturally compatible

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with each other.

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     16-9-4.7. Insurance.

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     Comprehensive general liability insurance coverage in the minimum amount of one

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million dollars ($1,000,000) for bodily or personal injury shall be required for any solar energy

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system installed on any school roof.

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     16-9-4.8. Abandonment.

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     When a solar energy system has been determined to be abandoned, the school shall notify

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the local zoning official and the department or office within thirty (30) days of such

 

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abandonment. The solar energy system shall then be removed within sixty (60) days and the

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school shall take all reasonable steps to dispose of all solid and hazardous waste in accordance

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with applicable federal, state and local laws, including, but not limited to, chapter 19.1 of title 23

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("hazardous waste management") and the Resource Conservation and Recovery Act 42 U.S.C.,

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§6901 et seq.

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     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 -- SCHOOL FUNDS AND PROPERTY

***

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     This act would establish a pilot program to promote the creation of roof solar installations

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on school property in order to reduce the use of fossil fuels and to generate electricity in school

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buildings. This program would be implemented by the department of elementary and secondary

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education and the office of the postsecondary commissioner.

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     This act would take effect upon passage.

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