CHAPTER 327

SB 59 – FINAL VERSION

04/08/09 1145s

13Jan2010… 2009-2418h

06/02/10 2238CofC

2010 SESSION

09-0990

04/09

SENATE BILL 59

AN ACT relative to the renovation and replacement of school buildings.

SPONSORS: Sen. Fuller Clark, Dist 24

COMMITTEE: Education

AMENDED ANALYSIS

This bill:

I. Requires school districts to investigate feasible options in the course of deciding to renovate or replace an existing school building.

II. Provides that acquisition of additional land as part of any school renovation project shall not be required unless such additional land is necessary to ensure the safe flow of traffic for school buses or other vehicles entering or exiting school grounds, or the safe boarding or discharge of children using school buses or other vehicles.

III. Requires plans for construction or renovation of school buildings to comply with effective statewide planning and the principles of smart growth.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/08/09 1145s

13Jan2010… 2009-2418h

06/02/10 2238CofC

09-0990

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to the renovation and replacement of school buildings.

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

327:1 Schoolhouses; Location and Construction by District. Amend RSA 199:1 to read as follows:

199:1 Location and Construction by District. The district may decide upon the location of its schoolhouses by vote or by a committee appointed for the purpose, provided, however, that all plans, specifications, and the selection of site for any new school buildings for any school district within the state shall be approved by the school board of the district in which it is proposed to construct such a building. The provisions of this section shall apply to all new construction and substantial renovation of public school buildings, including those constructed by grant or loans of funds from state, the federal government, or other sources. The district shall investigate feasible options in the course of deciding to renovate or replace an existing school building. In considering such options, the district shall hold at least one public hearing and shall seek input from municipal boards and departments. The district shall also review the municipality’s zoning regulations and master plan in order to maximize best planning practices. For the purposes of this chapter, in addition to their usual meanings, the words “schoolhouse” and “school building” also mean educational administration building, including school administrative unit facilities.

327:2 New Paragraph; School Building Aid; Amount of Annual Grant. Amend RSA 198:15-b by inserting after paragraph VII the following new paragraph:

VIII. For the purpose of receiving grants under this section, acquisition of additional land as part of any school renovation project shall not be required unless such additional land is necessary to ensure the safe flow of traffic for school buses or other vehicles entering or exiting school grounds, or the safe boarding or discharge of children using school buses or other vehicles.

327:3 School Building Aid; Approval of Plans. Amend RSA 198:15-c to read as follows:

198:15-c Approval of Plans, Specifications, and Costs of Construction or Purchase. A school district maintaining approved schools, desiring to avail itself of the grants herein provided shall have the plans, specifications, and cost estimates for school plant construction or proposals for the purchase of school buildings, or both, and the costs for them approved by the state board prior to the start of construction. For this purpose the district shall submit its plans, specifications, cost, and purchase estimates in writing to the department of education on such forms as the department prescribes. A school district shall also submit a copy of any application for energy efficiency reimbursement under RSA 374-F. The department of education shall coordinate with the public utilities commission to ensure that eligible school districts have submitted applications for funding reimbursement and technical assistance as available from energy utility companies to promote indoor air quality and energy efficiency in public schools. Application for school building aid shall be submitted before January 1 of each year in order to be eligible for school building aid in the fiscal year following the year of submittal. The department of education shall not approve the plans, specifications, cost, or purchase estimates, if in the department’s judgment the facilities planned will not adequately meet the educational requirements, or if its cost estimates are excessive or unreasonable. The department of education shall not approve the plans, specifications, cost, or purchase estimates if in the department’s judgment the proposed construction or purchase is in conflict with effective statewide planning pursuant to RSA 9-A or the principles of smart growth pursuant to RSA 9-B. Necessary costs of the purchase of school buildings may be determined by any recognized method of real estate appraisal with appropriate adjustments for remodeling or other expenditures. Upon approval of the construction or purchase, or both, by the department of education, the school district shall be entitled to receive an annual grant as provided herein.

327:4 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 20, 2010

Effective Date: September 18, 2010