SB 60 — PHOTOVOLTAIC SYSTEMS IN NEW PUBLIC SCHOOLS

Except as provided in Subsections G and I h r i s through [Q][Q ] R of this section, money in the fund may be used h , t, only for capital expenditures deemed necessary by the council e u g e b l e e h for an adequate educational program.

n d d i = = o h C.

The council may authorize the purchase by the el t] 17b ,d i a º e authority of portable classrooms to be loaned to school wr li n= r t e w d 18m a n o districts to meet a temporary requirement.

Payment for these =d =m 19: a l purchases shall be made from the fund.

Titleb toe andd custodys ofº io t n = .223767.1AIC January 27, 2023 (1:02pm) s k m e - 4 - e a n e d r 20e thel portableu classrooms[ A d purchases shall restbe inmade from the authority.fund.

TheTitle ato tand mcustody m 21 council shall authorize the lending of the portable classrooms dshall rrest ein 22the toauthority. school districts upon request and upon finding that c e s k 23 sufficient need exists.

ApplicationThe forcouncil useshall orauthorize returnthe lending of ethe a n b 24 state-owned portable classroomclassrooms buildingsto shallschool bedistricts submittedupon byrequest uand [upon schoolfinding districtsthat tosufficient theneed council.exists.

ExpensesApplication offor maintenanceuse ofor .223767.1return -of 4state-owned - the portable classroomsclassroom whilebuildings inshall thebe custodysubmitted ofby theschool authoritydistricts shallto be paid from the fund;council.

Expenses of maintenance of the portable classrooms while in the custody of the authority shall be paid from the fund;

Applications for assistance from the fund shall be made by school districts to the council in accordance with h requirements of the council.

Except as provided in Subsection g o t hr K of this section, the council shall require as a condition of g e i k application that a school district have a current five-year h r i s facilities plan that shall include a current preventive h , t, maintenance plan to which the school adheres for each public e u g e b l e e h school in the school district.

n d d i = = o h E.

The council shall review all requests for el t] 17b ,d i a º e assistance from the fund and shall allocate funds only for wr li n= r t e w d 18m a n o those capital outlay projects that meet the criteria of the =d =m 19: a l Public School Capital Outlay Act.

ib e d s º o t n = .223767.1AIC January 27, 2023 (1:02pm) s k m e - 5 - e a n e d r 20e F.l u [ A d Public School Capital Outlay Act.

MoneyF. in the fund shall be disbursed by warrant a t m m 21 of the department of finance and administration on vouchers d r e 22 signed by the secretary of finance and administration following c e s k 23 certification by the council that an application has been e a n b 24 approved or an expenditure has been ordered by a court pursuant u [ to Section 22-24-5.4 NMSA 1978.

AtMoney in the discretionfund shall be disbursed by warrant of the .223767.1department -of 5finance -and council,administration moneyon forvouchers signed by the secretary of finance and administration following certification by the council that an application has been approved or an expenditure has been ordered by a projectcourt shallpursuant beto distributedSection as22-24-5.4 follows:NMSA 1978.

At the discretion of the council, money for a project shall be distributed as follows:

h G.

Balances in the fund may be annually u » r appropriated for the core administrative functions of the t h g e l i authority pursuant to the Public School Capital Outlay Act, h r i s and, in addition, balances in the fund may be expended by the h , e h authority, upon approval of the council, for project management t u g e b l e e , gh expenses;

n d d i = = o h (1) the total annual expenditures from the el t] 17b ,d i a º r fund for the core administrative functions pursuant to this we lr n= t e w d 18m a n o subsection shall not exceed five percent of the average annual =d =m 19: a l grant assistance authorized from the fund during the three i a e r 20 previous fiscal years;

andb ar e t mº mo 21t (2)n any= unexpended.223767.1AIC orJanuary unencumbered27, balance2023 d(1:02pm) rs ek 22m remaininge at- the6 end- ofe a fiscaln yeare fromd ther expenditurese cl eu s[ kA 23d authorizedgrant inassistance thisauthorized subsectionfrom shallthe revertfund toduring the fund.three previous fiscal years;

eand (2) any unexpended or unencumbered balance remaining at the end of a nfiscal byear 24from H.the expenditures authorized in this subsection shall revert to the fund.

TheH. fund may be expended by the council for u [ building system repair, renovation or replacement initiatives .223767.1 - 6 - with projects to be identified by the council pursuant to Section 22-24-4.6 NMSA 1978;

The fund may be expended by the council for building system repair, renovation or replacement initiatives with projects to be identified by the council pursuant to Section 22-24-4.6 NMSA 1978;

h provided that an application on behalf of a charter school u » r shall be made by the school district, but, if the school t h g e l i district fails to make an application on behalf of a charter h r i s school, the charter school may submit its own application.

The h , e h following criteria shall apply to the grants:

t u g e b l e e , gh (1) the amount of a grant to a school district n d d i = = o h or charter school shall not exceed:

el t] 17b ,d i a º r (a) the actual annual lease payments we lr n= t e w d 18m a n o owed for leasing a facility;

or =d =m 19: a l (b) seven hundred dollars ($700) i a e r 20 multiplied by the MEM using the leased facilities;

providedb a t m m 21 that in fiscal year 2009 and in each subsequent fiscal year, d r e 22t thisº amounto shallt ben adjusted= by.223767.1AIC theJanuary percentage27, change2023 between(1:02pm) c e s k 23m thee penultimate- calendar7 year- and the immediately preceding e a n be 24d calendarr yeare ofl theu consumer[ priceA indexd for(b) theseven Unitedhundred udollars [($700) States,multiplied all items, as published by the UnitedMEM Statesusing departmentthe .223767.1leased -facilities; 7 - of labor;

provided that in fiscal year 2009 and in each subsequent fiscal year, this amount shall be adjusted by the percentage change between the penultimate calendar year and the immediately preceding calendar year of the consumer price index for the United States, all items, as published by the United States department of labor;

(4) no grant shall be made for lease payments h due pursuant to a financing agreement under which the u » r facilities may be purchased for a price that is reduced t h g e l i according to the lease payments made unless:

h r i s (a) the agreement has been approved h , e h pursuant to the provisions of the Public School Lease Purchase t u g e b l e e , gh Act;

and n d d i = = o h (b) the facilities are leased by a el t] 17b ,d i a º r charter school;

w l n d 18 (5) if the lease payments are made pursuant to = = 19 a l a financing agreement under which the facilities may be i a e r 20= purchased for a price that is reduced according to the lease a t me mw 21 payments made, neither a grant nor any provision of the Public d rm e 22 School Capital Outlay Act creates a legaln obligationo for(5) theif c e s k 23 school district or charter school to continue the lease frompayments eare amade n b 24 year to year or to purchase the facilities nor does it create a u [ legal obligation for the state to make subsequent grants .223767.1 - 8 - pursuant to thed provisionsm of: this subsection;

b r e t º o t n = .223767.1AIC January 27, 2023 (1:02pm) s k m e - 8 - e a n e d r e l u [ A d a financing agreement under which the facilities may be purchased for a price that is reduced according to the lease payments made, neither a grant nor any provision of the Public School Capital Outlay Act creates a legal obligation for the school district or charter school to continue the lease from year to year or to purchase the facilities nor does it create a legal obligation for the state to make subsequent grants pursuant to the provisions of this subsection;

or 2) in the case of an approved charter school that has not commenced classroom instruction, the estimated full-time- equivalent enrollment that will use leased facilities in the first year of instruction, as shown in the approved charter h school application;

provided that, after the second reporting u » r date of the current school year, the MEM shall be adjusted to t h g e l i reflect the full-time-equivalent enrollment on that date;

and h r i s (b) "facilities" includes the space h , e h needed for school activities.

t u g e b l e e , gh J.

In addition to other authorized expenditures n d d i = = o h from the fund, up to one percent of the average grant el t] 17b ,d i a º r assistance authorized from the fund during the three previous we lr n= t e w d 18m a n o fiscal years may be expended in each fiscal year by the =d = 19 a l authority to pay the state fire marshal, the construction i a e r 20 industries division of the regulation and licensing department a t m m: 21 and local jurisdictions having authority from the state to d r e 22 permit and inspect projects for expenditures made to permit and c e s k 23 inspect projects funded in whole or in part under the Public e a n b 24 School Capital Outlay Act.

Theb authorityr maye entert intoº o t n = .223767.1AIC January 27, 2023 (1:02pm) s k m e - 9 - e a n e d r e l u [ contractsA withd authority to pay the state fire marshal, the construction .223767.1industries -division 9of -the industriesregulation divisionand orlicensing thedepartment appropriateand local authoritiesjurisdictions having authority from the state to carrypermit outand inspect projects for expenditures made to permit and inspect projects funded in whole or in part under the provisionsPublic ofSchool thisCapital subsection.Outlay Act.

The authority may enter into contracts with the state fire marshal, the construction industries division or the appropriate local authorities to carry out the provisions of this subsection.

Money distributed from the fund to the state fire marshal or the construction industries division pursuant to this subsection h shall be used to supplement, rather than supplant, u » r appropriations to those entities.

t h g e l i K.

Pursuant to guidelines established by the h r i s council, allocations from the fund may be made to assist school h , e h districts in developing and updating five-year facilities plans t u g e b l e e , gh required by the Public School Capital Outlay Act;

provided n d d i = = o h that:

el t] 17b ,d i a º r (1) no allocation shall be made unless the we lr n= t e w d 18m a n o council determines that the school district is willing and able =d =m 19: a l to pay the portion of the total cost of developing or updating i a e r 20 the plan that is not funded with the allocation from the fund.

ab tr me mt 21º Excepto ast providedn in= Paragraph.223767.1AIC (2)January of27, this2023 subsection,(1:02pm) thes dk rm e 22- portion10 of- thee totala costn toe bed paidr withe thel allocationu from[ cA ed sto kpay 23 the fundportion shallof bethe determinedtotal pursuantcost toof thedeveloping methodologyor inupdating ethe aplan nthat bis 24not Subsectionfunded Bwith ofthe Sectionallocation 22-24-5from NMSAthe 1978;fund.

orExcept uas [provided in Paragraph (2) of this subsection, the allocationportion fromof the fundtotal maycost to be usedpaid .223767.1with -the 10allocation -from tothe payfund shall be determined pursuant to the totalmethodology costin ofSubsection developingB orof updatingSection the22-24-5 planNMSA if:1978;

or (2) the allocation from the fund may be used to pay the total cost of developing or updating the plan if:

2) the school district has at least seventy percent of its h students eligible for free or reduced-fee lunch;

3) the state u » r share of the total cost, if calculated pursuant to the t h g e l i methodology in Subsection B of Section 22-24-5 NMSA 1978, would h r i s be less than fifty percent;

and 4) for all educational h , e h purposes, the school district has a residential property tax t u g e b l e e , gh rate of at least seven dollars ($7.00) on each one thousand n d d i = = o h dollars ($1,000) of taxable value, as measured by the sum of el t] 17b ,d i a º r all rates imposed by resolution of the local school board plus we lr n= t e w d 18m a n o rates set to pay interest and principal on outstanding school =d =m 19: a l district general obligation bonds.

ib r e t º o t n = .223767.1AIC January 27, 2023 (1:02pm) s k m e - 11 - e a n e d r 20e L.l u [ A d district general obligation bonds.

UponL. application by a school district, a t m m 21 allocations from the fund may be made by the council for the d r e 22 purpose of demolishing abandoned school district facilities;

cUpon eapplication sby ka 23school provideddistrict, that:allocations from the fund may be made by the council for the purpose of demolishing abandoned school district facilities;

eprovided athat: n b 24 (1) the costs of continuing to insure an u [ abandoned facility outweigh any potential benefit when and if a .223767.1 - 11 - new facility is needed by the school district;

(1) the costs of continuing to insure an abandoned facility outweigh any potential benefit when and if a new facility is needed by the school district;

Any new public school proposedSECºproposed»SEC h SECºawarded»SEC to be constructed after July 1, 2023 with u » r grant assistance from the fund shall include a photovoltaic t h g e l i system sufficient to meet the SECºmajority of the»SEC energy h r i s needs of the public school.

h , e h [M.] N.

Up to ten million dollars ($10,000,000) of t u g e b l e e , gh the fund may be expended each year for an education technology n d d i = = o h infrastructure deficiency corrections initiative pursuant to l ] b ,d i a º r Section 22-24-4.5 NMSA 1978;

provided that funding allocated e r = t 17e w d m a n o pursuant to this section shall be expended within three years w l n d 18m of: its allocation.

=b r e t º o t n = 19.223767.1AIC January 27, 2023 (1:02pm) s k m e - 12 - e a n e d r e l [N.]u O.[ A d of its allocation.

For[N. each fiscal year from 2018 through i a e r 20 2022, twenty-five million dollars ($25,000,000) of the fund is a t m m 21 reserved for appropriation by the legislature to the d r e 22 instructional material fund or to the transportation c e s k 23 distribution of the public school fund.

The] secretaryO. shall e a n b 24 certify the need for the issuance of supplemental severance tax u [ bonds to meet an appropriation from the public school capital .223767.1 - 12 - outlay fund to the instructional material fund or to the transportation distribution of the public school fund.

For each fiscal year from 2018 through 2022, twenty-five million dollars ($25,000,000) of the fund is reserved for appropriation by the legislature to the instructional material fund or to the transportation distribution of the public school fund.

The secretary shall certify the need for the issuance of supplemental severance tax bonds to meet an appropriation from the public school capital outlay fund to the instructional material fund or to the transportation distribution of the public school fund.

[O.][O. P.

Up] toP. ten million dollars ($10,000,000) of the fund may be expended in each of fiscal years 2019 through 2022 for school security system project grants made in accordance with Section 22-24-4.7 NMSA 1978.

[P.]Up Q.to ten million dollars ($10,000,000) of h the fund may be expended in each of fiscal years 2019 through g o t hr 2022 for school security system project grants made in g e i k accordance with Section 22-24-4.7 NMSA 1978.

Theh fundr mayi bes expended[P. in each of fiscal years 2020 through 2024 for a pre-kindergarten classroom facilities initiative in accordance with Section 22-24-12 NMSA 1978.

[Q.]] R.Q.

The councilfund may fundbe expended in each of fiscal h , t, years 2020 through 2024 for a pre-kindergarten classroom e tu 17g classroomse b l e e h facilities initiative in accordance with aSection qualifying,22-24-12 awardedNMSA standards-basedn project;d d i = = o h 1978.

w l n] db 18,d provided that pre-kindergarten classroom space shall not be = = 19 a l included in the project prioritization calculation adopted by i a º e r[Q. 20 the council pursuant to Section 22-24-5 NMSA 1978.

The] councilR. a t m m 21 shall develop pre-kindergarten classroom standards to use when d r e 22 funding pre-kindergarten space." c e s k 23 SECTION 3.

EFFECTIVEThe DATE.--Thecouncil effectivemay datefund ofpre-kindergarten ther i = r t e aw nd bm 24a provisionsn ofo thisclassrooms actwith isa Julyqualifying, 1,awarded 2023.standards-based project;

ud [m -: 13 - .223767.1

b e d s º o t n = .223767.1AIC January 27, 2023 (1:02pm) s k m e - 13 - e a n e d r e l u [ A d provided that pre-kindergarten classroom space shall not be included in the project prioritization calculation adopted by the council pursuant to Section 22-24-5 NMSA 1978.

The council shall develop pre-kindergarten classroom standards to use when funding pre-kindergarten space." SECTION 3.

EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

- 14 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .223767.1AIC January 27, 2023 (1:02pm) s k m e e a n e d r e l u [ A d