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30th Legislature(2017-2018)

Bill Text 30th Legislature

00 Enrolled HB 212                                                                                                         
01 Relating to funding for school construction and major maintenance; relating to the regional                             
02 educational attendance area and small municipal school district fund; and providing for an                              
03 effective date.                                                                                                         
04                           _______________                                                                               
05    * Section 1. AS 14.11.013(a) is amended to read:                                                                     
06            (a)  With regard to projects for which grants are requested under AS 14.11.011,                              
07       the department shall                                                                                              
08                 (1)  annually review the six-year plans submitted by each district under                                
09       AS 14.11.011(b) and recommend to the board a revised and updated six-year capital                                 
10 improvement project grant schedule that serves the best interests of the state and each                                 
11 district; in recommending projects for this schedule, the department shall verify that                                  
12 each proposed project meets the criteria established under AS 14.11.014(b) and                                          
13       qualifies as a project required to                                                                                
14                      (A)  avert imminent danger or correct life-threatening                                             
01            situations;                                                                                                  
02                      (B)  house students who would otherwise be unhoused; for                                           
03            purposes of this subparagraph, students are considered unhoused if the students                              
04            attend school in temporary facilities;                                                                       
05                      (C)  protect the structure of existing school facilities;                                          
06                      (D)  correct building code deficiencies that require major repair                                  
07            or rehabilitation in order for the facility to continue to be used for the                                   
08            educational program;                                                                                         
09                      (E)  achieve an operating cost savings;                                                            
10 (F)  modify or rehabilitate facilities for the purpose of                                                               
11            improving the instructional program;                                                                         
12 (G)  meet an educational need not specified in (A) - (F) of this                                                        
13            paragraph, identified by the department;                                                                     
14 (2)  prepare an estimate of the amount of money needed to finance each                                                  
15       project;                                                                                                          
16 (3)  provide to the governor, by November 1, and to the legislature                                                     
17 within the first 10 days of each regular legislative session, a revised and updated six-                                
18 year capital improvement project grant schedule, together with a proposed schedule of                                   
19       appropriations;                                                                                                 
20 (4)  encourage each school district to use previously approved                                                        
21 school construction design plans and building systems if the use will result in cost                                  
22       savings for the project;                                                                                        
23 (5)  consider the regionally based model school construction                                                          
24       standards developed under AS 14.11.017(d).                                                                      
25    * Sec. 2. AS 14.11.013(b) is amended to read:                                                                        
26 (b)  In preparing the construction grant schedule, the department shall establish                                       
27 priorities among projects for which grants are requested and shall award school                                         
28 construction grants in the order of priority established. In establishing priorities, the                             
29 department shall evaluate at least the following factors, without establishing an                                       
30       absolute priority for any one factor:                                                                             
31                 (1)  emergency requirements;                                                                            
01                 (2)  priorities assigned by the district to the projects requested;                                     
02                 (3)  new local elementary and secondary programs;                                                       
03                 (4)  existing regional, community, and school facilities, and their                                     
04       condition; this paragraph does not include administrative facilities;                                             
05                 (5)  the amount of district operating funds expended for maintenance;                                   
06       [AND]                                                                                                             
07                 (6)  other options that would reduce or eliminate the need for the                                      
08       request;                                                                                                        
09                 (7)  the district's use of previously approved school construction                                    
10 design plans and building systems if the use will result in cost savings for the                                      
11       project; and                                                                                                    
12 (8)  consideration of regionally based model school construction                                                      
13       standards under AS 14.11.017(d).                                                                                
14    * Sec. 3. AS 14.11.013(c) is amended to read:                                                                        
15            (c)  The department may                                                                                      
16 (1)  modify a project request when necessary to achieve cost-effective                                                  
17       school construction;                                                                                              
18 (2)  require that a school construction project be phased for purposes of                                               
19       planning, design, and construction; [AND]                                                                         
20 (3)  reject project requests and omit them from the six-year schedule                                                   
21       due to                                                                                                            
22 (A)  incomplete information or documentation provided by the                                                            
23            district;                                                                                                    
24 (B)  a determination by the department that existing facilities                                                         
25 can adequately serve the program requirements, or that alternative projects are                                         
26            in the best interests of the state;                                                                          
27 (C)  a determination that the project is not in the best interest of                                                    
28            the state; and                                                                                             
29 (4)  require that a school construction project include all or part of                                                
30 the regionally based model school construction standards developed under                                              
31 AS 14.11.017(d) or use previously approved design plans and building systems                                          
01       that would result in capital or operating cost savings for the project.                                         
02    * Sec. 4. AS 14.11.017 is amended by adding a new subsection to read:                                                
03 (d)  The department shall develop and periodically update regionally based                                              
04 model school construction standards that describe acceptable building systems and                                       
05 anticipated costs and establish school design ratios to achieve efficient and cost-                                     
06 effective school construction. In developing the standards, the department shall                                        
07       consider the standards and criteria developed under AS 14.11.014(b).                                              
08    * Sec. 5. AS 14.11.030(a) is amended to read:                                                                        
09            (a)  The regional educational attendance area and small municipal school                                     
10 district school fund is created as an account in the general fund to be used, in addition                               
11 to other funding sources, to fund projects approved under AS 14.11.025 for the costs                                    
12 of school construction and major maintenance in regional educational attendance                                       
13 areas and small municipal school districts. The primary function of the fund is to                                    
14       fund school construction projects.                                                                              
15    * Sec. 6. AS 14.11.030(b) is amended to read:                                                                        
16 (b)  Legislative appropriations, including appropriations of interest earned on                                         
17 the fund, shall be deposited in the fund established under this section. The                                            
18 unobligated and unexpended cash [FUND] balance of the fund may not exceed                                           
19       $70,000,000.                                                                                                      
20    * Sec. 7. AS 14.11.035 is amended to read:                                                                           
21 Sec. 14.11.035. Report on school construction and major maintenance                                                     
22 funding. Every [BEGINNING IN] February [2013], the department shall provide to                                        
23 the governor and the legislature an annual report on the effectiveness of the school                                    
24 construction and major maintenance grants, state aid for school construction and                                      
25 major maintenance in regional educational attendance areas, and state aid for costs of                                
26 school construction debt under this chapter. The report must include an analysis of                                     
27 funding sources and the short-term and long-term fiscal effects of the funding on the                                   
28       state. Copies of the report shall be made available to the public and to the legislature.                         
29    * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).                                                   
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