ASSEMBLY, No. 4819

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED OCTOBER 19, 2020

 


 

Sponsored by:

Assemblywoman  PAMELA R. LAMPITT

District 6 (Burlington and Camden)

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblyman  THOMAS P. GIBLIN

District 34 (Essex and Passaic)

 

Co-Sponsored by:

Assemblymen Benson, Bergen, McClellan, Assemblywoman Chaparro, Assemblymen Simonsen and Caputo

 

 

 

 

SYNOPSIS

     Establishes School and Small Business Energy Efficiency Stimulus Program in BPU.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act establishing the School and Small Business Energy Efficiency Stimulus Program in the Board of Public Utilities and supplementing Title 48 of the Revised Statutes and amending P.L.1999, c.23.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    (New section)  As used in in P.L.    , c.    (C.        ) (pending before the Legislature as this bill):

     “ANSI” means American National Standards Institute.

     “ASHRAE” means the American Society of Heating, Refrigerating and Air-Conditioning Engineers.

     “Board” means the Board of Public Utilities or any successor agency.

     "Board of education" means and includes the board of education of any local school district, consolidated school district, regional school district, county vocational school and any other board of education or other similar body other than the State Board of Education, the Commission on Higher Education or the Presidents' Council, established and operating under the provisions of Title 18A of the New Jersey Statutes and having authority to make purchases and to enter into contracts for the provision or performance of goods or services.  "Board of education" shall include the board of trustees of a charter school established under P.L.1995, c.426 (C.18A:36A-1 et seq.).

     “Coronavirus 2019” means the coronavirus disease 2019, as announced by the World Health Organization on February 11, 2020, and first identified in Wuhan, China.

     “HVAC” means heating, ventilation, and air conditioning.

     “Licensed professional” means a professional licensed in this State to perform system design, construction, or installation of features, materials, components, or manufactured devices for mechanical systems required pursuant to P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

     “Noncompliant appliance” means all of the following:

     a.     a commercial dishwasher that was manufactured prior to January 1, 2010, that does not meet the efficiency requirement of the Energy Star Product Specification for Commercial Dishwashers, Version 1.1;

     b.    an automatic commercial ice maker that was manufactured prior to January 1, 2010, that does not meet the efficiency requirement of the Energy Star Product Specification for Automatic Commercial Ice Makers, Version 1; or

     c.     a commercial clothes washer that was manufactured prior to January 1, 2010, that does not meet the efficiency requirement of the Energy Star Product Specification for Clothes Washers, Version 5.0.

     “Noncompliant plumbing fixture” means:

     a.     a toilet manufactured to use more than 1.6 gallons of water per flush;

     b.    a urinal manufactured to use more than one gallon of water per flush;

     c.     a showerhead manufactured to have a flow capacity of more than 2.5 gallons of water per minute; or

     d.    an interior faucet that emits more than 2.2 gallons of water per minute.

     “Program” means the School and Small Business Energy Efficiency Stimulus Program established pursuant to section 2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

     "Small business" means a sole proprietorship, partnership or corporation that has its principal place of business in the State, is of a size and type determined by the board, and is a women’s business or minority business, as those terms are defined in section 2 of P.L.1987, c.55 (C.52:27H-21.8).

     “SSBNPFA Program” means the School and Small Business Noncompliant Plumbing Fixture and Appliance Program established pursuant to section 4 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

     “SSBVEEVR Program” means the School and Small Business Ventilation and Energy Efficiency Verification and Repair Program established pursuant to section 3 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

     “Underserved community” means a school district in which at least 75 percent of public school students are eligible to receive free or reduced-price meals under the National School Lunch Program established pursuant to the "Richard B. Russell National School Lunch Act," Pub.L.79-396 (42 U.S.C. s.1751 et seq.).

     “Water-conserving appliance” means any of the following:

     a.     a commercial dishwasher that meets the criteria of the Energy Star Product Specification for Commercial Dishwashers, Version 2.0, or any revision to those criteria published by the United States Environmental Protection Agency that is adopted by the board for the program;

     b.    an automatic commercial ice maker that meets the criteria of the Energy Star Product Specification for Automatic Commercial Ice Makers, Version 3.0, or any revision to those criteria published by the United States Environmental Protection Agency that is adopted by the board for the program; or

     c.     a commercial clothes washer that meets the criteria of the Energy Star Product Specification for Clothes Washers, Version 8.0, or any revision to those criteria published by the United States Environmental Protection Agency that is adopted by the board for the program.

 

     2.    (New section)  a.  The Board of Public Utilities shall establish and administer a School and Small Business Energy Efficiency Stimulus Program for the purpose of providing grants to boards of education and small businesses for the installation of certain HVAC systems and energy efficient and water-conserving appliances to improve air quality and energy efficiency in school districts under the jurisdiction of a board of education and small businesses, including school districts and small businesses in underserved communities. The program shall consist of the following programs:

     (1)   The School and Small Business Ventilation and Energy Efficiency Verification and Repair Program; and

     (2)   The School and Small Business Noncompliant Plumbing Fixture and Appliance Program.

     b.    Not less than 25 percent of projects funded by the SSBVEEVR Program or SSBNPFA Program shall be allocated for school districts and small businesses located in underserved communities. The SSBVEEVR Program and SSBNPFA Program shall prioritize an underserved community by ensuring that all boards of education and small businesses that are located in an underserved community are offered the opportunity to apply for and receive grants, pursuant to this section, before those boards of education and small businesses that are not located in an underserved community.

     c.     The board shall begin to solicit applications from boards of education and small businesses for grants made pursuant to this section on or before April 1, 2021 and begin to approve applications for a grant no later than May 1, 2021, subject to the availability of funds.

     d.    The program shall be funded by monies collected from the societal benefits charge, as determined by the board, pursuant to paragraph (6) of subsection a. of section 12 of P.L.1999, c.23 (C.48:3-60) and shall be allocated as follows:

     (1)   75 percent of funds for the SSBVEEVR Program; and

     (2)   25 percent of funds for the SSBNPFA Program.

 

     3.    (New section)  a.  The board shall establish and administer the SSBVEEVR Program to award grants to boards of education and small businesses to ensure schools under board of education jurisdiction and small businesses shall have functional HVAC systems that are tested, adjusted, and, if necessary or cost effective, repaired, upgraded, or replaced to increase efficiency and performance.

     b.    A board of education or small business may apply for a grant pursuant to section 2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill)  by submitting an application to the board, in a form and manner determined by the board, for reasonable costs of the HVAC assessment, assessment report, general maintenance, adjustment of ventilation rates, filter replacement, and carbon dioxide monitor installation.

     c.     (1)  The board shall award a grant if the amount requested in the application is verified by a licensed professional’s estimate and the board of education and small business meet other requirements determined by the board to be appropriate to achieve the purposes of P.L.    , c.    (C.        ) (pending before the Legislature as this bill). A grant shall be awarded in the amount requested plus, as contingency funding, an additional amount, up to 20 percent of the requested amount for repairs, upgrades, or replacements necessary, as identified by the licensed professional, to make the system functional or more energy efficient.

     (2)   If a licensed professional identifies cost-effective energy efficiency upgrades or repairs that would exceed the additional 20 percent awarded, a board of education or small business may apply for additional funding for the cost-effective energy efficiency upgrades or repairs.

     (3)   The board shall award a grant pursuant to section 2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) for reimbursement of work already performed where the work was contracted and performed after August 1, 2020, and meets the requirements of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), and the board of education and small business meet other requirements determined by the board to be appropriate to achieve the purposes of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

     (4)   The 20-percent contingency funding set forth in paragraph (1) of this subsection shall be returned to the SSBVEEVR Program if not used for the purposes specified in P.L.    , c.    (C.        ) (pending before the Legislature as this bill). A board of education and small business shall provide the board with documentation, as specified by the board, demonstrating how contingency funds were spent.

     (5)   The board shall have the authority to establish the timing of grant funding, including the ability to provide some or all funding in advance of the performance of work where requirements to ensure performance are established.

     d.    As a condition for receiving a grant pursuant to section 2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), a board of education and small business shall comply with the requirements of this section for all air-handling units, rooftop units, and unitary and single zone equipment in its schools’ or small business’ HVAC system or systems.

     (1)   An HVAC system installed pursuant to this section shall meet the ANSI/ASHRAE Standard 62.1-2010, Ventilation for Acceptable Indoor Air Quality and shall have a licensed professional perform the following:

     (a)   review control sequences to verify HVAC systems will maintain intended ventilation, temperature, and humidity conditions during school and small business operation. Previously unoccupied buildings shall perform the recommended practices of reopening a building as covered in the ASHRAE Building Readiness document – Restarting a Building;

     (b)   verify a daily flush is scheduled for two hours before and after scheduled occupancy or demonstrate calculation of flush times per ASHRAE Guidance for Reopening and Operating Schools or Commercial Buildings, as applicable, or otherwise applicable local or State guidance; and

     (c)   verify that HVAC system operational times, exhaust fans operation times, setpoints, and enabled features meet ASHRAE Guidance for Reopening and Operating Schools or Commercial Buildings, as applicable, or otherwise applicable local or State guidance.

     (2)   A requirement for filtration levels, ventilation rates, and ventilation schedules may be amended by the board based on the latest coronavirus 2019, or other applicable, guidance.

     e.     Concerning a school, to ensure proper ventilation is maintained throughout the school year, all school district classrooms shall be equipped with a carbon dioxide monitor that meets requirements determined by the board. If a classroom carbon dioxide concentration exceeds 1,100 parts per million more than once a week as observed by the teacher or the facilities staff, the classroom ventilation rates shall be adjusted by licensed professional to ensure peak carbon dioxide concentrations in the classroom remain below the maximum allowable carbon dioxide parts per million setpoint.

     f.     A licensed professional shall determine what, if any, additional adjustments or repairs would be necessary to meet the minimum ventilation and filtration requirements, pursuant to this section, determine whether any further cost-effective energy efficiency upgrades or replacements are warranted or recommended, and provide an estimated cost for this work. If the cost of recommended repairs, upgrades, or replacements are greater than the contingency amount provided in the grant, then the licensed professional and the board of education or small business shall submit an application for additional funding pursuant to section 2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

     g.    Upon completion of all work funded by a grant pursuant to P.L.    , c.    (C.        ) (pending before the Legislature as this bill), a board of education and small business shall prepare an HVAC verification report. The HVAC verification report shall include all of the following information:

     (1)   the name and address of a school facility or small business and person or contractor preparing and certifying the report;

     (2)   a description of the assessment, maintenance, adjustment, repair, upgrade, and replacement activities and outcomes;

     (3)   verification that the board of education and small business has complied with all requirements of P.L.    , c.    (C.        ) (pending before the Legislature as this bill);

     (4)   verification that the school facility and small business meet ANSI/ASHRAE Standard 62.1-2010, Ventilation for Acceptable Indoor Air Quality;

     (5)   documentation of HVAC system deficiencies and recommendations for additional maintenance, replacement, or upgrades to improve energy efficiency, safety, or performance;

     (6)   verification of the installation of carbon dioxide monitors, pursuant to subsection e. of this section, including the make and model of the monitors; and

     (7)   verification that all work has been performed by a licensed professional, including the provision of the contractor’s name and license.

     h.    The requirements of this section may be amended by the board as necessary to reflect available technology and to achieve the intent of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

     i.     A board of education and small business shall maintain a copy of the HVAC verification report made pursuant to subsection g. of this section and make it available to any member of the public or the board upon request.

 

     4.    (New section)  a.  The board shall establish and administer the School and Small Business Noncompliant Plumbing Fixture and Appliance Program to provide grants to boards of education to replace noncompliant plumbing fixtures and appliances that fail to meet water efficiency standards, and waste and potable water and the energy used to convey that water, with water-conserving plumbing fixtures and appliances.

     b.    A board of education and small business may apply for a grant pursuant to section 2 P.L.    , c.    (C.        ) (pending before the Legislature as this bill) by submitting an application to the board, in a form and manner determined by the board, showing the existence of noncompliant plumbing fixtures or appliances in the school or small business for which the grant funding will be used and a cost estimate that is verified by a contractor for the replacement of the noncompliant plumbing fixtures and appliances with water-conserving plumbing fixtures and water-conserving appliances, and the board of education and small business meet other requirements determined by the board to be appropriate to achieve the purposes of this section.

     c.     The board is authorized to provide technical assistance or award grants pursuant to the SSBNPFA Program to assist a board of education and small business in identifying noncompliant plumbing fixtures and noncompliant appliances eligible for replacement pursuant to this section.

     5.    (New section) The Board of Public Utilities may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of  P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

 

     6.    Section 12 of P.L.1999, c.23 (C.48:3-60) is amended to read as follows:

     12.  a.   Simultaneously with the starting date for the implementation of retail choice as determined by the board pursuant to subsection a. of section 5 of P.L.1999, c.23 (C.48:3-53), the board shall permit each electric public utility and gas public utility to recover some or all of the following costs through a societal benefits charge that shall be collected as a non-bypassable charge imposed on all electric public utility customers and gas public utility customers, as appropriate:

     (1)   The costs for the social programs for which rate recovery was approved by the board prior to April 30, 1997.  For the purpose of establishing initial unbundled rates pursuant to section 4 of P.L.1999, c.23 (C.48:3-52), the societal benefits charge shall be set to recover the same level of social program costs as is being collected in the bundled rates of the electric public utility on the effective date of P.L.1999, c.23 (C.48:3-49 et al.). The board may subsequently order, pursuant to its rules and regulations, an increase or decrease in the societal benefits charge to reflect changes in the costs to the utility of administering existing social programs.  Nothing in P.L.1999, c.23 (C.48:3-49 et al.) shall be construed to abolish or change any social program required by statute or board order or rule or regulation to be provided by an electric public utility.  Any such social program shall continue to be provided by the utility until otherwise provided by law, unless the board determines that it is no longer appropriate for the electric public utility to provide the program, or the board chooses to modify the program;

     (2)   Nuclear plant decommissioning costs;

     (3)   The costs of demand side management programs that were approved by the board pursuant to its demand side management regulations prior to April 30, 1997.  For the purpose of establishing initial unbundled rates pursuant to section 4 of P.L.1999, c.23 (C.48:3-52), the societal benefits charge shall be set to recover the same level of demand side management program costs as is being collected in the bundled rates of the electric public utility on the effective date of P.L.1999, c.23 (C.48:3-49 et al.).  Within four months of the effective date of P.L.1999, c.23 (C.48:3-49 et al.), and every four years thereafter, the board shall initiate a proceeding and cause to be undertaken a comprehensive resource analysis of energy programs, and within eight months of initiating such proceeding and after notice, provision of the opportunity for public comment, and public hearing, the board, in consultation with the Department of Environmental Protection, shall determine the appropriate level of funding for energy efficiency , plug-in electric vehicles and plug-in electric vehicle charging infrastructure, and Class I renewable energy programs that provide environmental benefits above and beyond those provided by standard offer or similar programs in effect as of the effective date of P.L.1999, c.23 (C.48:3-49 et al.); provided that the funding for such programs be no less than 50 percent of the total Statewide amount being collected in electric and gas public utility rates for demand side management programs on the effective date of P.L.1999, c.23 (C.48:3-49 et al.) for an initial period of four years from the issuance of the first comprehensive resource analysis following the effective date of P.L.1999, c.23 (C.48:3-49 et al..), and provided that 25 percent of this amount shall be used to provide funding for Class I renewable energy projects in the State.  In each of the following fifth through eighth years, the Statewide funding for such programs shall be no less than 50 percent of the total Statewide amount being collected in electric and gas public utility rates for demand side management programs on the effective date of P.L.1999, c.23 (C.48:3-49 et al.), except that as additional funds are made available as a result of the expiration of past standard offer or similar commitments, the minimum amount of funding for such programs shall increase by an additional amount equal to 50 percent of the additional funds made available, until the minimum amount of funding dedicated to such programs reaches $140,000,000 total.  After the eighth year the board shall make a determination as to the appropriate level of funding for these programs.  Such programs shall include a program to provide financial incentives for the installation of Class I renewable energy projects in the State, and the board, in consultation with the Department of Environmental Protection, shall determine the level and total amount of such incentives as well as the renewable technologies eligible for such incentives which shall include, at a minimum, photovoltaic, wind, and fuel cells. The board shall simultaneously determine, as a result of the comprehensive resource analysis, the programs to be funded by the societal benefits charge, the level of cost recovery and performance incentives for old and new programs and whether the recovery of demand side management programs' costs currently approved by the board may be reduced or extended over a longer period of time.  The board shall make these determinations taking into consideration existing market barriers and environmental benefits, with the objective of transforming markets, capturing lost opportunities, making energy services more affordable for low income customers and eliminating subsidies for programs that can be delivered in the marketplace without electric public utility and gas public utility customer funding;

     (4)   Manufactured gas plant remediation costs, which shall be determined initially in a manner consistent with mechanisms in the remediation adjustment clauses for the electric public utility and gas public utility adopted by the board; [and]

     (5)   The cost, of consumer education, as determined by the board, which shall be in an amount that, together with the consumer education surcharge imposed on electric power supplier license fees pursuant to subsection h. of section 29 of P.L.1999, c.23 (C.48:3-78) and the consumer education surcharge imposed on gas supplier license fees pursuant to subsection g. of section 30 of P.L.1999, c.23 (C.48:3-79), shall be sufficient to fund the consumer education program established pursuant to section 36 of P.L.1999, c.23 (C.48:3-85) ; and

     (6)   School and Small Business Energy Efficiency Stimulus Program grants, as determined by the board, issued pursuant to P.L.      , c.       (C.      ) (pending before the Legislature as this bill).

     b.    There is established in the Board of Public Utilities a nonlapsing fund to be known as the "Universal Service Fund."  The board shall determine: the level of funding and the appropriate administration of the fund; the purposes and programs to be funded with monies from the fund; which social programs shall be provided by an electric public utility as part of the provision of its regulated services which provide a public benefit; whether the funds appropriated to fund the "Lifeline Credit Program" established pursuant to P.L.1979, c.197 (C.48:2-29.15 et seq.), the "Tenants' Lifeline Assistance Program" established pursuant to P.L.1981, c.210 (C.48:2-29.31 et seq.), the funds received pursuant to the Low Income Home Energy Assistance Program established pursuant to 42 U.S.C. s.8621 et seq., and funds collected by electric and natural gas utilities, as authorized by the board, to offset uncollectible electricity and natural gas bills should be deposited in the fund; and whether new charges should be imposed to fund new or expanded social programs.

(cf: P.L.2019, c.362, c.13)

 

     7.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill establishes the School and Small Business Energy Efficiency Stimulus Program (program) in the Board of Public Utilities (board). “Small business” is defined in the bill as concerning women and minority-owned small businesses. The purpose of the program is to ensure that school and small business heating, ventilation, and air conditioning (HVAC) systems are upgraded to safely prepare schools and small businesses for operating during the coronoavirus 2019 pandemic and to generally improve the health and safety of the school and small business environment. The program will also fund the upgrading of old, inefficient plumbing fixtures that waste water and energy. Further, this bill is intended to create jobs across the State.

     The bill provides that the program is to consist of the following sub-programs:

     1)    The School and Small Business Ventilation and Energy Efficiency Verification and Repair (SSBVEEVR) Program; and

     2)    The School and Small Business Noncompliant Plumbing Fixture and Appliance (SSBNPFA) Program.

     The bill provides that not less than 25 percent of projects funded by the SSBVEEVR program or SSBNPFA program are to be in schools and small businesses located in underserved communities, as defined in the bill. The SSBVEEVR program and SSBNPFA program are to prioritize an underserved community by ensuring that all schools and small businesses that are in an underserved community are offered the opportunity to apply for and receive grants before those schools and small businesses that are not in an underserved community.

     The bill provides that the board is to begin to solicit applications from boards of education and small businesses for grants on or before April 1, 2021 and begin to approve applications for grant no later than May 1, 2021, subject to the availability of funds.

     The bill provides that the program is to be funded by monies collected from the societal benefits charge, pursuant to law, and that 75 percent of funds are to be used for the SSBVEEVR program and 25 percent of funds for the SSBNPFA program.

     The bill requires the board to establish and administer the SSBVEEVR program to award grants to boards of education and small businesses to ensure schools and small businesses are to have functional HVAC systems that are tested, adjusted, and, if necessary or cost effective, repaired, upgraded, or replaced to increase efficiency and performance. A board of education and small business may apply for a grant by submitting an application to the board, in a form and manner determined by the board, for reasonable costs of the HVAC assessment, assessment report, general maintenance, adjustment of ventilation rates, filter replacement, and carbon dioxide monitor installation.

     The board is to award a grant if the amount requested in the application is verified by a licensed professional’s estimate and the board of education and small business meet other requirements determined by the board to be appropriate to achieve the purposes of the bill. A grant is to be awarded in the amount requested plus an additional 20 percent of the requested amount for repairs, upgrades, or replacements necessary to make the system functional or more energy efficient. If a licensed professional identifies cost-effective energy efficiency upgrades or repairs that would exceed the additional 20 percent awarded, a board of education and small business may apply for additional funding for the cost-effective energy efficiency upgrades or repairs.

     The bill allows for the board to award a grant for reimbursement of work already performed where the work was contracted and performed after August 1, 2020, and meets the requirements of the bill, and the board of education and small business meet other requirements determined by the board to be appropriate to achieve the purposes the bill.

     The bill provides that as a condition for receiving a grant, a board of education and small business are to comply with the requirements of the bill for all air-handling units, rooftop units, and unitary and single zone equipment in the schools’ or small business’ HVAC system or systems. The HVAC systems installed pursuant to the bill are to meet ANSI/ASHRAE Standard 62.1-2010, Ventilation for Acceptable Indoor Air Quality and shall have a licensed professional perform certain tasks enumerated in the bill. The HVAC requirements for filtration levels, ventilation rates, and ventilation schedules may be amended by the board based on the latest coronavirus 2019, or other applicable, guidance.

     The bill provides that, concerning schools, to ensure proper ventilation is maintained throughout the school year, all classrooms are to be equipped with a carbon dioxide monitor that meets requirements determined by the board. If a classroom carbon dioxide concentration exceeds 1,100 parts per million more than once a week as observed by the teacher or the facilities staff, the classroom ventilation rates are to be adjusted by licensed professional to ensure peak carbon dioxide concentrations in the classroom remain below the maximum allowable carbon dioxide parts per million setpoint.

     The bill provides that a licensed professional is to determine what, if any, additional adjustments or repairs would be necessary to meet the minimum ventilation and filtration requirements determine whether any further cost-effective energy efficiency upgrades or replacements are warranted or recommended, and provide an estimated cost for this work. If the cost of recommended repairs, upgrades, or replacements are greater than the contingency amount provided in the grant, then the licensed professional and the board of education or small business are to submit an application for additional funding.

     The bill requires that, upon completion of all work funded by a grant made pursuant to the bill, the board of education and small business are to prepare an HVAC verification report. The HVAC verification report is to include information enumerated in the bill.

     The board of education is to maintain a copy of the HVAC verification report made pursuant to the bill and make it available to any member of the public or the board upon request.

     The bill requires the board to establish and administer the SSBNPFA program to provide grants to boards of education and small businesses to replace noncompliant plumbing fixtures and appliances that fail to meet water efficiency standards and waste potable water and the energy used to convey that water, with water-conserving plumbing fixtures and appliances, as those terms are defined in the bill. The board is to award a grant if a board of education or small business submits documents showing the existence of noncompliant plumbing fixtures or appliances in the schools or small business for which the grant funding will be used and a cost estimate that is verified by a contractor for the replacement of the noncompliant plumbing fixtures and appliances with water-conserving plumbing fixtures and water-conserving appliances, and the board of education and small business meet other requirements determined by the board to be appropriate to achieve the purposes of the bill.