2022 -- H 7609

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LC005060

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

     RELATING TO EDUCATION -- FOUNDATION LEVEL SCHOOL SUPPORT

     Introduced By: Representatives Craven, and Caldwell

     Date Introduced: March 02, 2022

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-7-40 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:

     16-7-40. Increased school housing ratio.

     (a)(1) In the case of regional school districts, the school housing aid ratio shall be increased

by two percent (2%) for each grade so consolidated.

     (2) Regional school districts undertaking renovation project(s) shall receive an increased

share ratio of four percent (4%) for those specific project(s) only, in addition to the combined share

ratio calculated in § 16-7-39 and this subsection.

     (b) In the case of projects undertaken by districts specifically for the purposes of school

safety and security, the school housing aid share ratio shall be increased by five percent (5%) for

these specific projects only, in the calculation of school housing aid. The increased share ratio shall

continue to be applied for as long as the project(s) receives state housing aid. In order to qualify for

the increased share ratio, seventy-five percent (75%) of the project costs must be specifically

directed to school safety and security measures. The council on elementary and secondary

education shall promulgate rules and regulations for the administration and operation of this

section.

     (c) For purposes of addressing health and safety deficiencies as defined by the school

building authority, including the remediation of hazardous materials, the school housing aid ratio

shall be increased by five percent (5%) so long as the construction of the project commences by

December 30, 2022, is completed by December 30, 2027, and a two hundred fifty million dollar

($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to

qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum

of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.

     (d) For purposes of educational enhancement, including projects devoted to the

enhancement of early childhood education and career and technical education, the school housing

aid ratio shall be increased by five percent (5%) so long as construction of the project commences

by December 30, 2022, is completed by December 30, 2027, and a two hundred fifty million dollar

($250,000,000) general obligation bond is approved on the November 2018 ballot. In order to

qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum

of five hundred thousand dollars ($500,000) must be specifically directed to these purposes.

     (e) For replacement of a facility that has a facilities condition index of sixty-five percent

(65%) or higher, the school housing ratio shall be increased by five percent (5%) so long as

construction of the project commences by December 30, 2023, is completed by December 30, 2028,

does not receive a bonus pursuant to subsection (f) or subsection (g), and a two hundred fifty million

dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order

to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum

of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.

     (f) For any new construction or renovation that increases the functional utilization of any

facility from less than sixty percent (60%) to more than eighty percent (80%), including the

consolidation of school buildings within or across districts, the school housing aid ratio shall be

increased by five percent (5%) so long as construction of the project commences by December 30,

2023, is completed by December 30, 2028, and a two hundred fifty million dollar ($250,000,000)

general obligation bond is approved on the November 2018 ballot. In order to qualify for the

increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred

thousand dollars ($500,000) must be specifically directed to this purpose.

     (g) For any new construction or renovation that decreases the functional utilization of any

facility from more than one hundred twenty percent (120%) to between eighty-five percent (85%)

to one hundred five percent (105%), the school housing ratio shall be increased by five percent

(5%) so long as construction of the project commences by December 30, 2023, is completed by

December 30, 2028, and a two hundred fifty million dollar ($250,000,000) general obligation bond

is approved on the November 2018 ballot. In order to qualify for the increased share ratio, twenty-

five percent (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000)

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must be specifically directed to this purpose.

     (h) For consolidation of two (2) or more school buildings, within or across districts into

one school building, the school housing aid ratio shall be increased by five percent (5%) so long as

construction of the project commences by December 30, 2023, is completed by December 30, 2028,

a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the

November 2018 ballot, and does not receive a bonus pursuant to subsection (f) or subsection (g).

In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a

minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.

     (i)(1) For projects approved after August 1, 2022, that award or utilize at least fifty-one

percent (51%) of a project's architectural services and one hundred percent (100%) of the project's

educational design services to a Rhode Island based architectural firm, the school housing aid ratio

shall be increased by five percent (5%) so long as construction of the project commences by

December 30, 2025, and is completed by December 30, 2030.

     (2) For purposes of this section a "Rhode Island based architectural firm" means:

     (i) A business with a principal place of business or headquarters located within the state;

     (ii) A business in which a minimum of fifty-one percent (51%) of its employees reside

within the state; and

     (iii) In the case of a corporation or limited liability company, is registered with the secretary

of state as a domestic corporation or limited liability company for at least the five (5) consecutive

years prior to July 1, 2022.

     (3) An architectural firm seeking to qualify as a Rhode Island based architectural firm shall

be required to annually file and certify the necessary documentation to satisfy the requirements in

§ 16-7-40(i)(2), with the Rhode Island department of administration. The department of

administration shall promulgate rules and regulations for the submission and verification of

information required in § 16-7-40(i)(2) in order to determine the eligibility of an architectural firm

to be certified as a "Rhode Island based architectural firm."

     (4) On August 1, 2022, and annually thereafter, the Rhode Island department of education

-- school building authority shall obtain a list or certified Rhode Island based architectural firms

from the department of administration and electronically publish them on the department of

education -- school building authority webpage.

     (i)(j) Any regionalized and/or non-regionalized school district receiving an increased share

ratio for a project approved prior to July 1, 2018, shall continue to receive the increased share ratio

for as long as the project receives state housing aid.

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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 -- FOUNDATION LEVEL SCHOOL SUPPORT

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     This act would provide that for school building projects approved after August 1, 2022,

that award or utilize at least fifty-one percent (51%) of a project's architectural services and one

hundred percent (100%) of the project educational design services to a Rhode Island based

architectural firm, the school housing aid ratio would be increased by five percent (5%), so long as

construction of the project commences by December 30, 2025, and the project is completed by

December 30, 2030.

     This act would take effect upon passage.

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