Print Print
  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XII EDUCATION
  • CHAPTER 70B SCHOOL BUILDING ASSISTANCE PROGRAM
  • Section 2 Definitions

Section 2. For the purposes of this chapter, the following words shall have the following meanings:-

“Additional Revenues”, any moneys that are not defined as the dedicated sales tax revenue amount that are appropriated, gifted, granted, pledged, or otherwise made available to the authority by the commonwealth, any local governmental entity, the federal government, not-for- profit organizations, for-profit organizations, or private individuals.

“Advisory board”, the school building advisory board.

“Alternatives to construction”, approved school facilities projects that do not include capital construction, major reconstruction or building renovation, but no alternative project shall be reimbursed if it is determined by the authority to be more costly than construction necessary to achieve the same end.

“Approved school project”, a school project approved by the authority.

“Assisted facility”, a school facility that has received a total facilities grant pursuant to this chapter.

“Authority”, the Massachusetts School Building Authority.

“Capital construction project”, any capital project, other than a major reconstruction project, for the construction, the enlargement or original equipping of any public schoolhouse in any city or town, or a project for the renovation or partial renovation of an existing structure for use as a schoolhouse; or the renovation or partial renovation of an existing schoolhouse.

“Construction manager”, construction manager as defined by section 38A 1/2 of chapter 7.

“Dedicated sales tax revenue amount”, all moneys received by the commonwealth equal to 1 per cent of the receipts from sales, as defined by chapter 64H, and 1 per cent of the sales price of purchases, as defined by chapter 64I, from that portion of the taxes imposed under chapters 64H and 64I as excises upon the sale and use at retail of tangible property or of services, and upon the storage, use or other consumption of tangible property or of services, including interest thereon or penalties, but not including any portion of the taxes that constitute special receipts within the meaning of subsection (b) of section 10 of chapter 152 of the acts of 1997 or any portion of the taxes imposed on the sale of meals as defined in paragraph (h) of section 6 of chapter 64H.

“Eligible applicant”, a city, town, regional school district or independent agricultural and technical school.

“Energy efficient construction rating”, rating given to eligible applicants by the authority based upon a determination that the construction techniques of an approved school project meet or exceed energy efficiency standards established by the board of building regulations and the National Institute of Standards and Technology and which meet the purposes of subsection (c) of section 9 of chapter 23J.

“Innovative community use”, approved school facilities projects that combine community resources to streamline the costs of and utilize other funding sources for the facilities project.

“Maintenance rating”, rating given to schools and school districts by the authority, based on a maintenance assessment conducted by the authority.

“Major reconstruction project”, any capital school facilities or extraordinary maintenance project including, but not limited to, the retrofitting of a school for the purpose of providing wireless or other learning technologies, the replacement of a roof or heating plant if it is determined by the board that such project has not been necessitated, in whole or in part, by the failure of an eligible applicant to make adequate and prudent provisions for the care and maintenance of said school.

“Nonstate fundraising”, third party monies made available to the eligible applicant for approved school facilities projects including, but not limited to, private donations and federal grants.

“Project manager”, a person designated or assigned by an eligible applicant, and approved by the authority, to manage and coordinate daily administration of a school facility or building project to completion including, but not limited to, school district or municipal staff person or a volunteer with appropriate experience and expertise.

“Prototypical school plans”, school building project architectural designs and plans collected and maintained by the authority for consultation by eligible applicants.

“Regional school”, any public school established under law by the action of two or more cities or towns. For the purposes of this chapter, the agricultural schools maintained by the counties of Bristol and Norfolk shall be deemed to be regional schools.

“Regional school district”, any instrumentality of the commonwealth, established by two or more cities and towns for the purpose of operating a regional school.

“School project”, any capital construction or major reconstruction projects; the lease of buildings or modular facilities; arrangements with higher education facilities or other nonprofit or municipal entities; use of swing space between school buildings in the district; tuition arrangements with other school districts to prevent overcrowding; and other school facilities projects. The cost of tuition arrangements in existence prior to project application shall not be eligible for reimbursement as an approved school project.

“Total facilities grant”, the total grant with respect to an approved school project and which is calculated as follows: In the case of a grant for an approved project of a city or town, the total facilities grant shall be the product of multiplying the final approved costs of such project, including costs referred to in section 4, by the reimbursement percentage determined pursuant to section 10 for the year in which the project is approved.

(1) In the case of a grant for an approved project of a regional school district or a county, the total facilities grant shall be the sum of the grants computed separately for each city and town which is a member of said regional school district or located in said county as hereinafter provided. For purposes of this computation, each member city’s and town’s share of the combined grant shall be equal to the total approved project cost, including costs referred to in section 4, multiplied by the product of the reimbursement percentage listed in subsection (a) of section 10, multiplied by the percentage of district or county capital costs that would be apportioned to such city or town in accordance with the applicable regional school district agreement or law for capital costs incurred in the fiscal year in which the grant is approved. The amount of the total capital costs apportioned to a member city or town in any fiscal year on account of an approved school project of a regional school or county, determined in accordance with the applicable regional school district agreement or law, shall be reduced by an amount equal to the amount of the grant payable on account of such project in such fiscal year multiplied by a fraction the numerator of which is the city’s or town’s reimbursement percentage, determined as aforesaid, multiplied by the percentage of capital costs apportioned to the city or town for such fiscal year in accordance with the applicable regional school district agreement or law and the denominator of which is the sum of the percentages so derived as the numerators for all of the member cities and towns.

(2) In the case of a grant for an approved project of an independent agricultural and technical school, the total facilities grant shall be the sum of the grants computed separately for each city and town in which students of said school reside averaged by means of a weighted average multiplied by the final approved costs.

“Trust”, the Massachusetts School Modernization and Reconstruction Trust, established by section 35BB of chapter 10.