SB 295 — SCHOOL FACILITIES AUTHORITY EXPENDITURES

The grants shall be made upon application by the school districts and pursuant to rules adopted by the council;

or (b) seven hundred dollars ($700) h multiplied by the MEM using the leased classroom facilities;

u » r provided that in fiscal year 2009 and in each subsequent fiscal t h g e l i year, this amount shall be adjusted by the percentage change h r i s between the penultimate calendar year and the immediately h , e h preceding calendar year of the consumer price index for the t u g e b l e 17e , gh United States, all items, as published by the United States e e n d 18d i = = o h department of labor;

= = l ] 19b ,d i a º r (2) a grant received for the lease payments of ae l r i= 20t e w d m a n o a charter school may be used by that charter school as a state td e a t match necessary to obtain federal grants [pursuant to the m m: 21 e d r e 22 federal No Child Left Behind Act of 2001];

cb r e rt cº 23o (3)t atn the= end.211699.3 ofs eachk fiscalm year,e any- 5 - e a n be 24d unexpendedr ore unencumberedl balanceu of[ theA appropriationd shallmatch unecessary [to revertobtain federal grants [pursuant to the fund;federal No Child Left Behind Act of 2001];

.211699.3(3) -at 5the -end (4)of noeach grantfiscal shallyear, beany madeunexpended foror leaseunencumbered paymentsbalance dueof pursuant to a financing agreement under which the facilitiesappropriation mayshall berevert purchased for a price that is reduced according to the leasefund; payments made unless:

(4) no grant shall be made for lease payments due pursuant to a financing agreement under which the facilities may be purchased for a price that is reduced according to the lease payments made unless:

(5) if the lease payments are made pursuant to a financing agreement under which the facilities may be h purchased for a price that is reduced according to the lease u » r payments made, neither a grant nor any provision of the Public t h g e l i School Capital Outlay Act creates a legal obligation for the h r i s school district or charter school to continue the lease from h , e h year to year or to purchase the facilities nor does it create a t u g e b l e 17e , gh legal obligation for the state to make subsequent grants e e n d 18d i = = o h pursuant to the provisions of this subsection;

and = = l ] 19b ,d i a º r (6) as used in this subsection:

ae l r i= 20t e w d m a n o (a) "MEM" means:

1) the average td e a t full-time-equivalent enrollment using leased classroom m m: 21 e d r e 22 facilities on the second and third reporting dates of the prior c e r c 23 school year;

orb 2)r ine thet caseº ofo ant approvedn charter= school.211699.3 es ak nm be 24- that6 has- note commenceda classroomn instruction,e thed estimatedr e l u [ A d full-time-equivalent enrollment thatusing will use leased classroom .211699.3 - 6 - facilities inon the firstsecond yearand ofthird instruction,reporting asdates shownof in the approvedprior charter school application;year;

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 classroom facilities in the first year of instruction, as shown in the approved charter school application;

In addition to other authorized expenditures from the fund, up to one percent of the average grant assistance authorized from the fund during the three previous h fiscal years may be expended in each fiscal year by the [public u » r school facilities] authority to pay the state fire marshal, the t h g e l i construction industries division of the regulation and h r i s licensing department and local jurisdictions having authority h , e h from the state to permit and inspect projects for expenditures t u g e b l e 17e , gh made to permit and inspect projects funded in whole or in part e e n d 18d i = = o h under the Public School Capital Outlay Act.

The [public school = = l ] 19b ,d i a º r facilities] authority may enter into contracts with the state ae l r i= 20 fire marshal, the construction industries division or the t e aw td appropriatem locala authoritiesn too carryfire outmarshal, the provisionsconstruction ofindustries mdivision mor 21the e d rm e: 22 this subsection.

Suchb ar contract may provide for initial c e rt cº 23o estimatedt paymentsn from= the.211699.3 funds priork tom thee expenditures- if7 - e a n be 24d ther contracte alsol provides for additional payments from the u [ fundA ifd theappropriate actuallocal expendituresauthorities exceed the initial payments and .211699.3 - 7 - for repayments back to thecarry fundout if the initialprovisions paymentsof exceedthis thesubsection. actual expenditures.

Such a contract may provide for initial estimated payments from the fund prior to the expenditures if the contract also provides for additional payments from the fund if the actual expenditures exceed the initial payments and for repayments back to the fund if the initial payments exceed the actual expenditures.

(1) no allocation shall be made unless the h council determines that the school district is willing and able u » r to pay the portion of the total cost of developing or updating t h g e l i the plan that is not funded with the allocation from the fund.

h r i s Except as provided in Paragraph (2) of this subsection, the h , e h portion of the total cost to be paid with the allocation from t u g e b l e 17e , gh the fund shall be determined pursuant to [the methodology in e e n d 18d i = = o h Paragraph (5) of] Subsection B of Section 22-24-5 NMSA 1978;

or = = l ] 19b ,d i a º r (2) the allocation from the fund may be used ae l r i= 20t e w d m a n o to pay the total cost of developing or updating the plan if:

td e a t (a) the school district has fewer than m m: 21 e d r e 22 an average of six hundred full-time-equivalent students on the c e r c 23 second and third reporting dates of the prior school year;

orb r e t º o t n = .211699.3 s k m e - 8 - e a n be 24d (b)r e l u [ A d (a) the school district meetshas allfewer than an average of six hundred full-time-equivalent students on the usecond [and followingthird requirements:reporting dates of the prior school year;

1)or (b) the school district hasmeets fewerall than .211699.3 - 8 - an average of one thousand full-time-equivalent students on the secondfollowing andrequirements: third reporting dates of the prior school year;

1) the school district has fewer than an average of one thousand full-time-equivalent students on the second and third reporting dates of the prior school year;

and 4) for all educational purposes, the school district has a residential property tax rate of at least seven dollars ($7.00) on each one thousand dollars ($1,000) of taxable value, as measured by the sum of all rates imposed by resolution of the local school h board plus rates set to pay interest and principal on u » r outstanding school district general obligation bonds.

t h g e l i L.

Upon application by a school district, h r i s allocations from the fund may be made by the council for the h , e h purpose of demolishing abandoned school district facilities;

t u g e b l e 17e , gh provided that:

e e n d 18d i = = o h (1) the costs of continuing to insure an = = l ] 19b ,d i a º r abandoned facility outweigh any potential benefit when and if a ae l r i= 20t e w d m a n o new facility is needed by the school district;

td e a t (2) there is no practical use for the m m: 21 e d r e 22 abandoned facility without the expenditure of substantial c e r c 23 renovation costs;

and e a n b 24r (3)e thet councilº mayo entert inton an= agreement.211699.3 us [k withm thee school- district9 under- whiche ana amountn equale tod ther .211699.3e -l 9u -[ savingsA tod the(2) districtthere inis lowerno insurancepractical premiumsuse arefor used to reimburse the fundabandoned fullyfacility orwithout partially for the demolitionexpenditure costsof allocatedsubstantial torenovation thecosts; district.

and (3) the council may enter into an agreement with the school district under which an amount equal to the savings to the district in lower insurance premiums are used to reimburse the fund fully or partially for the demolition costs allocated to the district.

For each fiscal year from 2018 through 2022, twenty-five million dollars ($25,000,000) of the public school h capital outlay fund is reserved for appropriation by the u » r legislature to the instructional material fund or to the t h g e l i transportation distribution of the public school fund.

The h r i s secretary shall certify the need for the issuance of h , e h supplemental severance tax bonds to meet an appropriation from t u g e b l e 17e , gh the public school capital outlay fund to the instructional e e n d 18d i = = o h material fund or to the transportation distribution of the = = l ] 19b ,d i a º r public school fund.

Any portion of an amount of the public ae l r i= 20 school capital outlay fund that is reserved for appropriation t e aw td bym thea legislaturen foro aschool fiscalcapital year,outlay butfund that is notreserved mfor mappropriation 21 e d rm e: 22 appropriated before the first day of that fiscal year, may be c e r c 23 expended by the council as provided in this section.

b r e t º o t n = .211699.3 s k m e - 10 - e a n be 24d O.r e l u [ A d by the legislature for a fiscal year, but that is not appropriated before the first day of that fiscal year, may be expended by the council as provided in this section.

UpO. to ten million dollars ($10,000,000) of the u [ fund may be expended in each of fiscal years 2019 through 2022 .211699.3 - 10 - for school security system project grants made in accordance with Section 22-24-4.7 NMSA 1978." - 11 - 5 7 9 11 13 15 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .211699.3

Up to 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." - 11 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g 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 = .211699.3 s k em e e a n e d r e l u [ A d