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COMMITTEE ON BUDGET, APPROPRIATIONS AND FINANCE 04/11/2023-AMENDED AND REPORTED OUT TO THE FLOOR 04/04/2023-AMENDED AND REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY BILL NO. 35-0050 Thirty-Fifth Legislature of the Virgin Islands March 2, 2023 An Act amending the Virgin Islands Code, title 3 , chapter 7, by designating the existing provisions as subchapter I and adding a subchapter II establishing the Bureau of School Construction and Maintenance within the Virgin Islands Department of Education for budgetary purposes; amending title 33, chapter 111, section 3092a, changing the Education Maintenance Fund to the School Construction, Maintenance and Capital Fund; and making an appropriation of $2,000,000 and an appropriation of $5,500,000 from the Virgin Islands Education Initiative Fund to the School Construction, Maintenance and Capital Fund and an appropriation and for other related purposes PROPOSED BY: Senators Donna A. Frett-Gregory, Marise C. James, Angel L. Bolques, Jr., and Marvin A. Blyden Co-sponsor: Ray Fonseca WHEREAS the physical state of public schools in the Territory has been deteriorating 1 for more than two decades due to inconsistent maintenance and limited resources; 2 WHEREAS, some schools in the Territory have experienced preventable structural 3 failures, resulting in injuries and the closure of entire school buildings; 4 WHEREAS, it is imperative that students, teachers, and support staff be provided with 5 safe, clean, and secure school facilities that support a nurturing and learning environment; 6 WHEREAS, it is important that the school facilities be economical, efficient, and 7 modernized; 8 WHEREAS, the primary focus of the Commissioner of the Department of Education and 9 the District Superintendents should be on student learning and academic achievement, and not 10 on school construction and maintenance; 11 2 WHEREAS, to achieve this objective, the Legislature of the Virgin Islands will establish 1 the Bureau of School Construction and Maintenance within the Department of Education with 2 the responsibility to construct and maintain public schools and other educational facilities; 3 WHEREAS, one of the first tasks of the Bureau of School Construction and Maintenance 4 will be to draft a 20-year Master School Construction, Maintenance and Capital Plan; 5 WHEREAS, the Master School Construction, Maintenance and Capital Plan will be 6 critical, strategic, long-term planning documents to guide the long-term construction of schools 7 and the maintenance of school facilities and grounds; 8 WHEREAS, primary objective of a Master Construction, Maintenance and Capital Plan 9 is to design, construct, and maintain safe, environmentally sound, modernized, technologically 10 advanced public schools in a cost-effective manner, to achieve the highest standard of 11 excellence in safety, quality, and integrity; and 12 WHEREAS, Master School Construction, Maintenance and Capital Plan will: 13 (1) identify the Territory’s needs and provide recommendations to achieve those 14 needs; 15 (2) allow the Territory to pursue the long-term construction and maintenance 16 goals of the Territory, even as personnel change; and 17 (3) determine the use, development, and maintenance of school facilities within 18 the Territory; Now, Therefore, 19 Be it enacted by the Legislature of the Virgin Islands: 20 SECTION 1. Title 3 Virgin Islands Code, chapter 7 is amended by designating the 21 existing provisions of the chapter as subchapter I and adding a subchapter II that reads as 22 follows: 23 “Subchapter II. Bureau of School Construction and Maintenance 24 § 101. Establishment; duties and responsibilities of the Bureau of School 25 Construction and Maintenance 26 3 (a) There is established within the Department of Education, for budgetary purposes 1 only, the Bureau of School Construction and Maintenance. The Bureau shall acquire, establish, 2 operate, develop, repair, maintain, renovate, improve, upgrade, inspect, modernize, manage, 3 and construct all public educational facilities, including, schools, educational centers, facilities, 4 and other structures that will be used for or occupied by students, faculty, staff, and 5 administration under the jurisdiction of the Virgin Islands Department of Education or its 6 successor department or agency. The mandate of the Bureau is to create affordable, sustainable, 7 and energy-efficient public schools, buildings, facilities, and grounds throughout the Territory 8 for a safe, secure, and comfortable environment for learning and administration. 9 (b) The Bureau is responsible for: 10 (1) Identification, planning, development, budgeting, and execution of projects 11 associated with the maintenance, repairs, and construction of all public educational 12 facilities and grounds; 13 (2) Acquisition of property for the construction of schools and determining which 14 schools will no longer be used as schools in conjunction with the Commissioner of the 15 Department of Education and the Commissioner of the Department of Property and 16 Procurement; 17 (3) Construction of new buildings and the renovation of existing buildings, to 18 include maintaining the structural integrity of the buildings; 19 (4) Preventative and emergency maintenance and repair for the daily operations 20 of public educational facilities and grounds, but preventive, emergency repair or repair 21 for the daily operations of the school which require school closures must be conducted in 22 consultation with the Commissioner of Education; 23 (5) Equipment and fixtures permanently affixed to buildings to include energy 24 management systems; 25 4 (6) Improvements to the buildings to meet new health and safety requirements, 1 reduce environment risks, and improve energy efficiency; 2 (5) Improvements to buildings to meet changes in educational, technological, and 3 social needs; and 4 (6) The development of Master School Construction, Maintenance and Capital 5 Plan. 6 (c) The Bureau may not issue negotiable bonds or notes or other instruments of debt, 7 unless otherwise specifically authorized by law. 8 § 102. Executive Director of the Bureau 9 (a) The Bureau is managed by: 10 (1) an Executive Director, appointed by the Governor, who must be either an 11 architect or engineer licensed in the Virgin Island; an individual with seven or more years’ 12 experience in construction, capital project management, or maintenance management; 13 (2) an Assistant Director of School Construction, who is an architect or engineer 14 licensed in the Virgin Islands; and 15 (3) an Assistant Director of School Maintenance, who has experience in building 16 or construction maintenance. 17 (b) The Executive Director shall: 18 (1) report to the Governor and work at the pleasure of the Governor; 19 (2) work closely with the Commissioner of Education and the Superintendent 20 from each district to determine the current and future needs of public educational 21 facilities; 22 (3) provide annual status reports by April 30 of each year to the Governor, the 23 Commissioner of Education, the Board of Education, and the Legislature, regarding the 24 maintenance and construction projects of school buildings, facilities and grounds; the 25 5 financial status of the Bureau; recommendations on policies and regulations; and other 1 information required by the Governor or Legislature; 2 (4) perform the administrative functions of the Bureau, including the hiring and 3 retention of technical and support staff, either permanently or temporarily, or by contract 4 or otherwise, and determine their qualifications, duties, tenure, and compensation, to 5 include the Assistant Director of School Construction, Assistant Director of School 6 Maintenance, Chief Financial Officer, the Chief Engineer; the Chief Operations Officer 7 and the Chief Legal Counsel; 8 (5) present the Bureau’s annual budget to the Legislature; 9 (6) engage in public-private development partnerships; 10 (7) direct the expenditure of capital and operating funds, monies received from 11 the School Construction, Maintenance and Capital Fund and any other funding source; 12 and 13 (8) solicit proposals for and award financing to public-public and public-private 14 partnerships for the: 15 (A) purchasing of a school site and improvements to those site; 16 (B) constructing or purchasing of buildings to be used as schools; 17 (C) completing or partially furnishing and equipping of schools; and 18 (D) repairing and renovating school buildings; 19 (9) approve and authorize decisions at every stage pertaining to the infrastructure 20 of public schools and other public educational building, facilities, and grounds, including 21 maintenance, repair, renovation, modernization, planning, design, procurement, and 22 construction; 23 (10) contract with any agency, department, semiautonomous agency, autonomous 24 agency or instrumentality of the Government of the Virgin Islands or federal government 25 for services the Bureau may request, including professional and technical assistance by 26 6 planning experts, engineers, architects and any other staff; for the use of the premises, 1 personnel or equipment; access to data necessary to develop reasonable student- 2 population projections; and access to building permits and construction data; 3 (11) enter and execute contracts and all other instruments necessary or convenient 4 for the exercise of its functions, powers, and duties; 5 (12) accept any gifts, grants, or other financial aid in any form from the federal 6 government or any agency or instrumentality of the federal government, from the Virgin 7 Islands Government or any agency or instrumentality the Government, or from any other 8 source, for any purposes specified in this subchapter, and the Bureau shall comply with, 9 subject to the provisions of this subchapter, the terms and conditions of the loan or grant; 10 (13) collect data necessary to develop reasonable student-population projections; 11 and access to building permits and construction data; 12 (14) adopt policies, regulations, and procedures governing the procurement of 13 goods, materials, and services; and 14 (15) perform all things necessary or convenient to carry out and exercise the 15 powers granted under this subchapter. 16 (c) The Executive Director serves as a liaison between the Office of the Governor, the 17 Department of Education, the Department of Public Works, the Department of Planning and 18 Natural Resources, the Board of Education, and any other government entity or instrumentality 19 for all matters relating to the statutory purpose of the Bureau. 20 (d) The Executive Director shall evaluate solicited proposals based on adherence to the 21 Master School Construction, Maintenance and Capital Plan and determine whether the 22 proposals: 23 (1) are appropriately designed for educational and school-based programs, 24 support services, and extracurricular activities; 25 7 (2) include well-designed physical systems and components that promote 1 learning, culture, safety, energy efficiency, and effective structural resistance to hurricane 2 and seismic events; 3 (3) create connections to the surrounding community and support for community 4 activities; and 5 (4) are cost-effective to build, operate, repair, and maintain the facilities. 6 (e) To perform the duties and responsibilities granted in this subchapter, the Executive 7 Director may procure goods and services and enter into contracts for architectural, construction, 8 engineering and maintenance-related projects not to exceed $1,000,000 without the need to 9 comply with title 31 Virgin Islands Code, chapter 23. But the Executive Director shall comply 10 with title 31 Virgin Islands Code, chapter 23 to procure goods and services of more than 11 $1,000,000. The Department of Education acting through its superintendents or principals in 12 consultation with the Bureau of School Construction and Maintenance may expend not more 13 than $1,000 of available funds of the Department of Education for minor, emergency, school 14 maintenance repairs. 15 §103. Master School Construction, Maintenance and Capital Plan; Review Panel 16 (a) There is established a Master Construction, Maintenance and Capital Plan Review 17 Panel (“Review Panel”), who shall review and approve the Master School Construction, 18 Maintenance and Capital Plan. The Review Panel consists of the Commissioner of the 19 Department of Education, the St. Croix Insular Superintendent, the St. Thomas/St. John Insular 20 Superintendent, and the members of the Virgin Islands Board of Education School Plants and 21 Facilities Committee or its successor. A quorum consists of six members, with one being an 22 Insular Superintendent. 23 (b) The Executive Director shall prepare an initial 20-year Master School Construction, 24 Maintenance and Capital Plan and submit it to the School Construction and Maintenance 25 Review Panel for its evaluation and approval. 26 8 (c) The initial Master School Construction, Maintenance and Capital Plan must include 1 information regarding current and future needs for student housing, quality of the existing 2 facilities, facilities renovation, facilities expansion requirements, or new construction required 3 to support the Territory’s educational and programmatic goals and a complete territory-wide 4 inventory of all schools, whether in use or not in use. The Plan must also include accurate 5 projections regarding enrollment and careful determination of school site location and capacity 6 and must be flexible, implementable and must address the need to provide capacity for 7 projected student enrollment. 8 (d) The Review Panel shall convene not later than 45 days after receipt of the Master 9 Construction, Maintenance and Capital Plan to evaluate and approve the Plan. Failure to 10 convene within the 45-day time-period or to otherwise vote on the Master Construction, 11 Maintenance and Capital Plan, constitutes approval by the Review Panel. 12 (e) After approval of the initial Plan, the Executive Director shall update the Plan every 13 five years and submit it to the Review Panel for review and approval. 14 SECTION 2. (a) Not later than 90 days after the effective date of this act, the Bureau of 15 School Construction and Maintenance shall promulgate regulations necessary to effectuate its 16 statutory purpose. 17 (b) Not later than 120 days after the effective date of this act, the Department of 18 Education’s maintenance and engineering division, including all personnel and the portion of 19 the Department of Education’s budget allocated for these purposes, must be transferred under 20 the jurisdiction of the Bureau of School Construction and Maintenance. Employees are 21 transferred to the Bureau without impairment of seniority and without reduction in 22 compensation, and without loss of accrued rights to holidays, sick or annual leave or any other 23 benefits notwithstanding any changes in job titles or duties. All employees transferred to the 24 Bureau continue to be covered by and subject to the Government Employees’ Retirement 25 System and the Workers’ Compensation Act. 26 9 (c) Not later than 180 days after the effective date of this act, the Bureau of School 1 Construction and Maintenance shall present the initial Master School Construction, 2 Maintenance and Capital Plan to the Legislature of the Virgin Islands. At this presentation, the 3 Bureau shall also advise the Legislature of the status of the Bureau. 4 SECTION 3. Title 17 Virgin Islands Code, chapter 5, section 60d is amended by striking 5 subsection (b) in its entirety. 6 SECTION 4. Title 20 Virgin Islands Code, chapter 38, section 425, subsection (d) is 7 amended by striking “Education Maintenance Fund” and inserting “Bureau of School 8 Construction, Maintenance and Capital Fund” and by striking subsections (e), (f), (g), and (h). 9 SECTION 5. Title 33 Virgin Islands Code, chapter 111 is amended in section 3092a as 10 follows: 11 (1) by changing the name of the fund from the “Education Maintenance Fund” to the 12 “School Construction, Maintenance and Capital Fund”; 13 (2) In subsection (a), by striking “Education Maintenance Fund” and inserting “School 14 Construction, Maintenance and Capital Fund” and at the end of the second sentence, by 15 inserting “, and 100 percent of the proceeds generated from the leasing of properties that were 16 previously used as schools, or such other percentage of the leasing proceeds as the 17 Commissioner of Property and Procurement and the Director may negotiate. The 18 Commissioner of the Department of Property and Procurement, along with the Director of the 19 Bureau, may negotiate the percentage of business income from the lease of a property that was 20 previously used as a school to be deposited into the Fund.” 21 (3) In subsection (c) in the first sentence by inserting “from this Fund must be used 22 exclusively to support the activities of the Bureau of School Construction and Maintenance as 23 established pursuant to title 3 Virgin Islands Code, chapter 7, subchapter II and” after “Monies” 24 and by striking “Commissioner of Education” and inserting “the Executive Director of the 25 Bureau of School Construction and Maintenance”. 26 10 SECTION 6. (a) Notwithstanding 33 V.I.C. § 3093(c), the sum of $2,000,000 is 1 appropriated from the Virgin Islands Education Initiative Fund to the School Construction, 2 Maintenance and Capital Fund, 33 V.I.C. § 3092a, in the fiscal year ending September 30, 3 2023, to assist in readying the Bureau of School Construction and Maintenance to fulfill its 4 statutory purpose. 5 (b) The sum appropriated in this section remains available until expended. 6 SECTION 7. The sum of $5,500,000 is appropriated from the Virgin Islands Education 7 Initiative Fund to the School Construction, Maintenance and Capital Fund in the fiscal year 8 ending September 30, 2023, to begin repairs, maintenance and modernization of public schools 9 throughout the territory not slated for rebuild by federal funds. 10 SECTION 8. Every fiscal year, the Legislature of the Virgin Islands shall appropriate 11 not less than $5,000,000 to the School Construction, Maintenance and Capital Fund for the 12 repairs, maintenance, modernization, and overall upkeep of public schools in the Territory. 13 SECTION 9. Title 17 Virgin Islands Code, chapter 3, section 24 is amended in the 14 following instances: 15 (a) Subsection (a) is amended: 16 (1) in paragraph (1) by striking “, facilities”, striking “school guidance division,” 17 and inserting “curricula and instruction,”; and 18 (2) by striking paragraphs (2) and (3) in their entirety. 19 (b) Subsections (b) and (c) are stricken. 20 BILL SUMMARY 21 This bill provides for the establishment of a Bureau within the Department of Education 22 to be known as the Bureau of School Construction and Maintenance. The Bureau will provide 23 for the maintenance, inspection, construction, renovation, repair, and modernization of the 24 Virgin Islands public schools, buildings, facilities, and grounds that fall under the purview of 25 the Virgin Islands Department of Education. The Bureau will be headed by an executive 26 11 director. The existing Education Maintenance Fund is renamed the School Construction, 1 Maintenance and Capital Fund, under the administration of the Commissioner of Finance and 2 Director. The money in the Fund will be used exclusively to support activities of the Bureau. 3 The Funds will consist of appropriations and money realized from properties that were once 4 utilized by schools and are now leased by the Department of Property and Procurement to other 5 entities. The bill provides that not later than 120 days after the enactment of this bill, the 6 Department of Educations’ engineering and maintenance employees must be placed under the 7 purview of the Bureau. The Bureau must present to the Legislature of the Virgin Islands, not 8 later than 180 days after the enactment of this bill, the Master School Construction, 9 Maintenance and Capital Plan, which must include a complete territory-wide inventory of all 10 school and a new proposed updated school inventory. Finally, the bill provides for a 11 $5,500,000 appropriation to the Fund for the fiscal year ending September 30, 2023, and for 12 the Legislature to make appropriations to the Fund of not less than $5,000,000 in each fiscal 13 year thereafter. 14 BR23-0043/February 28, 2023/SLR 15 ..\..\..\..\AMENDS\35th Legislature\FRETT-GREGORY, DONNA A\Amendment 35- 16 273\35-273- DRAFTED ON YELLOW.docx 17 ..\..\..\..\AMENDS\35th Legislature\FRETT-GREGORY, DONNA A\Amendment 35- 18 263\35-263- DRAFTED ON YELLOW.docx 19