SB 41 — SCHOOL FUNDING CHANGES

(5) a narrative explaining supplemental programs or services offered by the school district or charter school to ensure that the Bilingual Multicultural Education Act, the Indian Education Act and the Hispanic Education Act are being implemented by the school district or charter school;

(b) budgeted expenditures of program cost, for students enrolled in approved special education h programs, on students with disabilities;

g o t hr (c) the amount of program cost generated g e i k for personnel providing ancillary and related services to h r i s students with disabilities;

h , t, (d) budgeted expenditures of program e u g e b l e e h cost for personnel providing ancillary and related services to en td 17d i = = o h students with disabilities, on special education ancillary and w l n] db 18,d i a º e related services personnel;

and =r i = 19r t e w d m a ln o (e) a description of the steps taken to id a e r 20 ensure that students with disabilities have access to a free a t m m: 21 and appropriate public education;

andb d r e 22d (7)s aº commono sett ofn performance= targets.218640.3AIC andMarch c2, e2021 (11:41am) s k 23m performancee measures,- as6 determined- by the department in e a n be 24d consultationr withe thel department of finance and administration, u [ theA legislatived financeensure committeethat andstudents thewith legislativedisabilities educationhave .218640.3access -to 6a -free studyand committee.appropriate public education;

and (7) a common set of performance targets and performance measures, as determined by the department in consultation with the department of finance and administration, the legislative finance committee and the legislative education study committee.

No later than October 1 of each year, a school district or charter school that received federal or local revenue in the prior fiscal year shall report to the department on the actual uses of that revenue, including a h comprehensive evaluation of how the programs and services u » r provided with that revenue improved outcomes for students.

A t h g e l i school district or charter school that is required under h r i s federal law to consult with tribal entities as a condition of h , e h receiving impact aid shall include in its educational plan a t u g e b l e e , gh detailed narrative of its consultations with tribal entities en td 17d i = = o h and the results of those consultations.

The school district or w l n] db 18,d i a º r charter school shall transmit the October 1 spending and =e r = 19t e w d m a ln o outcomes report to the appropriate tribal authorities.

No id a e r 20 later than November 15 of each year, the department shall a t m m: 21 compile the federal and local revenue outcomes reports into a d r e 22 statewide report to the legislative education study committee c e s k 23 and the legislative finance committee that includes an analysis e a n b 24 and identification of effective programs and strategies that u [ improve outcomes for students.

.218640.3b r e t º o t n = .218640.3AIC March 2, 2021 (11:41am) s k m e - 7 - [F.]e G.a n e d r e l u [ A d later than November 15 of each year, the department shall compile the federal and local revenue outcomes reports into a statewide report to the legislative education study committee and the legislative finance committee that includes an analysis and identification of effective programs and strategies that improve outcomes for students.

[F.] G.

A local school board or governing board of a charter school shall be considered as failing to submit an operating budget pursuant to this section if the budget submitted exceeds the total projected resources of the school district or charter school or if the budget submitted does not comply with the law or with rules and procedures of h the department.

u » r H.

t h g e l i (1) "federal revenue" means revenue derived h r i s from:

h , e h (a) federal forest reserve funds t u g e b l e e , gh distributed in accordance with Section 22-8-33 NMSA 1978;

or en td 17d i = = o h (b) federal assistance to those areas w l n] db 18,d i a º r affected by federal activity authorized in accordance with =e r = 19t e w d m a ln o Title 20 of the United States Code, commonly known as "PL 874 id am e: r 20 funds" or "impact aid funds";

andb a t m m 21 (2) "local revenue" means revenue from a d r e 22t schoolº districto one-halft milln school= district.218640.3AIC propertyMarch tax2, and2021 c(11:41am) e s k 23m revenuee from- the8 Oil- and Gas Ad Valorem Production Tax Act and e a n be 24d ther Oile andl Gasu Production[ EquipmentA Add Valoremfunds" Taxor Act.""impact uaid [funds"; SECTION 3.

Sectionand 22-8-25(2) NMSA"local 1978revenue" (beingmeans Lawsrevenue 1981,from .218640.3a -school 8district -one-half Chaptermill 176,school Sectiondistrict 5,property astax amended)and isrevenue amendedfrom tothe read:Oil and Gas Ad Valorem Production Tax Act and the Oil and Gas Production Equipment Ad Valorem Tax Act." SECTION 3.

Section 22-8-25 NMSA 1978 (being Laws 1981, Chapter 176, Section 5, as amended) is amended to read:

For state-chartered charter schools, the state equalization guarantee distribution is the difference between the state-chartered charter school's h program cost and the two percent withheld by the department for u » r administrative services.

t h g e l i B.

"Local revenue", as used in this section, means h r i s seventy-five percent of receipts to the school district derived h , e h from that amount produced by a school district property tax t u g e b l e e , gh applied at the rate of fifty cents ($.50) to each one thousand en td 17d i = = o h dollars ($1,000) of net taxable value of property allocated to w l n] db 18,d i a º r the school district and to the assessed value of products = = 19 a l severed and sold in the school district as determined under the i a e r 20= Oilt ande Gasw Add Valoremm Production Tax Act and upon the assessed a tn mo msevered 21and valuesold of equipment in the school district as determined under d r e 22 the Oild andm Gas: Production Equipment Ad Valorem Tax Act.

cb r e t º o t n = .218640.3AIC March 2, 2021 (11:41am) s k 23m C.e - 9 - e a n e d r e l u [ A d Oil and Gas Ad Valorem Production Tax Act and upon the assessed value of equipment in the school district as determined under the Oil and Gas Production Equipment Ad Valorem Tax Act.

"FederalC. revenue", as used in this section, e a n b 24 means receipts to the school district or state-chartered u [ charter school, excluding amounts that, if taken into account .218640.3 - 9 - in the computation of the state equalization guarantee distribution, result, under federal law or regulations, in a reduction in or elimination of federal school funding otherwise receivable by the school district, derived from the following:

"Federal revenue", as used in this section, means receipts to the school district or state-chartered charter school, excluding amounts that, if taken into account in the computation of the state equalization guarantee distribution, result, under federal law or regulations, in a reduction in or elimination of federal school funding otherwise receivable by the school district, derived from the following:

and (2) seventy-five percent of grants from the federal government as assistance to those areas affected by federal activity authorized in accordance with Title 20 of the h United States Code, commonly known as "PL 874 funds" or "impact u » r aid".

t h g e l i D.] A.

To determine the amount of the state h r i s equalization guarantee distribution, the department shall:

h , e h (1) calculate the number of program units to t u g e b l e e , gh which each school district or charter school is entitled using en td 17d i = = o h an average of the MEM on the second and third reporting dates w l n] db 18,d i a º r of the prior year;

or =e r = 19t e w d m a ln o (2) calculate the number of program units to id a e r 20 which a school district or charter school operating under an a t m m: 21 approved year-round school calendar is entitled using an d r e 22 average of the MEM on appropriate dates established by the c e s k 23 department;

orb r e at º o t n b= 24.218640.3AIC (3)March calculate2, the2021 number(11:41am) ofs programk unitsm toe - 10 - e a n e d r e l u [ A d which a school district or charter school withoperating aunder MEMan ofapproved twoyear-round .218640.3school -calendar 10 - hundred or less is entitled by using an average of the MEM on theappropriate second and third reporting dates ofestablished theby prior year or the fortiethdepartment; day of the current year, whichever is greater;

[and]or (4)(3) usingcalculate the resultsnumber of theprogram calculationsunits into Paragraphwhich (1),a (2)school district or (3)charter school with a MEM of thistwo subsectionhundred andor theless staffingis costentitled multiplierby fromusing an average of the OctoberMEM reporton the second and third reporting dates of the prior schoolyear year,or establishthe aSFCº totalfortieth programday»SFC costSFCºfirst reporting date»SFC of the schoolcurrent districtyear, orwhichever charteris school;greater SFCº;

[(5)provided forthat schoolthe districtscalculation andof state-charteredprogram charterunits schools,using calculatethe MEM on the localfirst andreporting federaldate revenuesof asthe definedcurrent inschool thisyear section;shall exclude enrollment growth program units»SFC ;

(6)[and] deduct(4) using the sumresults of the calculations made in Paragraph (5)(1), (2) or (3) of this subsection and the staffing cost multiplier from the October report of the prior school h year, establish a total program cost establishedof inthe Paragraphschool (4)district ofor thisu subsection;» r charter school;

(7)]t (5)h deductg the total amount of guaranteed energy savings contract payments that the department determines e tl 17i will[(5) befor made to the school districtdistricts fromand thestate-chartered publich schoolr wi ls ncharter dschools, 18calculate utility conservation fund during the fiscallocal yearand forfederal whichrevenues theas =h =, 19e ah ldefined statein equalizationthis guaranteesection; distribution is being computed;

it au g e rb 20l ande ae t, mgh m 21 [(8)] (6) deduct ninetythe percentsum of the amountcalculations made in n d rd ei 22= certified= foro theh schoolParagraph district(5) byof this subsection from the departmentprogram pursuantcost tol c] eb s,d ki 23a theº Energyr Efficiencyestablished andin RenewableParagraph Energy(4) Bondingof Act.this subsection;

e r = t e w d m a n bo 24(7)] [E.](5) B.deduct the total amount of guaranteed d m :

Reductionb ofr ae schoolt district'sº stateo ut [n equalization= guarantee.218640.3AIC distributionMarch shall2, cease2021 when(11:41am) thes schoolk .218640.3m e - 11 - district'se cumulativea reductionsn equale itsd proportionalr sharee ofl theu cumulative[ debtA serviced energy savings contract payments necessarythat the department determines will be made to servicethe school district from the bondspublic issuedschool pursuantutility toconservation fund during the Energyfiscal Efficiencyyear andfor Renewablewhich Energythe Bondingstate Act.equalization guarantee distribution is being computed;

and [(8)] (6) deduct ninety percent of the amount certified for the school district by the department pursuant to the Energy Efficiency and Renewable Energy Bonding Act.

[E.] B.

Reduction of a school district's state equalization guarantee distribution shall cease when the school district's cumulative reductions equal its proportional share of the cumulative debt service payments necessary to service the bonds issued pursuant to the Energy Efficiency and Renewable Energy Bonding Act.

The amount of the state equalization guarantee distribution to which a school district is entitled h is the balance remaining after the deductions made in g o t hr Paragraphs [(6) through (8)](8) ] (5) and (6) of Subsection [D] A of g e i k this section.

h r i s D.

The amount of the state equalization guarantee h , t, distribution to which a state-chartered charter school is e u g e b l e e h entitled is the difference between the state-chartered charter n d d i = = o h school's program cost and the two percent withheld by the l ] b ,d i a º e department for administrative services.

r i = r t e w d m a n o [G.] E.

The state equalization guarantee distributiond shallm be: distributed prior to June 30 of each e t 17 fiscal year.

[Theb calculatione shalld bes basedº ono thet local and w l n d 18 federal revenues specified in this section received from June 1 = =.218640.3AIC 19March a2, l2021 of(11:41am) thes previousk fiscalm yeare through- May12 31- of the fiscal year i a e r 20 for which the state equalization guarantee distribution is a tn me m 21 being computed] In the event that a school district or charter d r e 22l schoolu has[ receivedA mored statedistribution equalization guarantee funds c e s k 23 than its entitlement, a refund shall be madedistributed byprior the school e a n b 24 district or charter school to theJune state30 generalof fund."each ufiscal [year. SECTION 4.

Section[The 22-8-31calculation NMSAshall 1978be (beingbased Lawson 1967,the .218640.3local -and 12federal -revenues Chapterspecified 16,in Sectionthis 84,section asreceived amended)from June 1 of the previous fiscal year through May 31 of the fiscal year for which the state equalization guarantee distribution is amendedbeing computed] In the event that a school district or charter school has received more state equalization guarantee funds than its entitlement, a refund shall be made by the school district or charter school to read:the state general fund." SECTION 4.

Section 22-8-31 NMSA 1978 (being Laws 1967, Chapter 16, Section 84, as amended) is amended to read:

The state-support reserve fund shall be used only to augment the appropriations for the state equalization guarantee distribution in order to [insure][insure ] ensure, to the h extent of the amount undistributed in the fund, that the g o t hr maximum figures for such distribution established by law shall g e i k not be reduced.

h r i s C.

The undistributed money in the state-support h , t, reserve fund shall be invested by the state treasurer in e u g e b l e e h interest-bearing securities of the United States government or n d d i = = o h in certificates of deposit in qualified banks and in savings l ] b ,d i a º e and [loans][loans ] loan associations whose deposits are insured with r i = r t e w d m a n o an agency of the United States.

The state treasurer may deposit money from the state-support reserve fund or any other e t 17 fund in one or more accounts with any such bank or federally w l n d 18 insured savings and loan association, but the state treasurer, = = 19 a l in any official capacity, shall not deposit money from [said] i a e r 20 that fund or any other fund in any one [such] federally insured a t m m: 21 savings and loan association the aggregate of which would d r e 22 exceed the amount of federal savings and loan insurance c e s k 23 corporation insurance for a single public account.

Incomeb frome d s º o t n = .218640.3AIC March 2, 2021 (11:41am) s k m e - 13 - e a n be 24d theser investmentse l u [ A d deposit money from the state-support reserve fund or any other fund in one or more accounts with any such bank or federally insured savings and loan association, but the state treasurer, in any official capacity, shall benot periodicallydeposit creditedmoney tofrom [said ] that fund or any other fund in any one [such] federally insured savings and loan association the generalaggregate uof [which fund.would exceed the amount of federal savings and loan insurance corporation insurance for a single public account.

.218640.3Income -from 13these -investments D.shall be periodically credited to the general fund.

D.

In the event that local or federal revenues as defined in Section 77-6-19 NMSA 1953 are received after May 31 of the fiscal year for which the state equalization guarantee h distribution is being computed and it is therefore necessary to u » r use money from the state-support reserve fund to augment the t h g e l i appropriation for the state equalization guarantee h r i s distribution, the chief, upon receipt by the school district of h , e h the delayed local or federal revenues, shall deduct the t u g e b l e e , gh appropriate amount from the current state equalization n d d i = = o h guarantee distribution to that school district and reimburse l ] b ,d i a º r the state-support reserve fund in the amount of the deduction.

e r = t e w d m a n o F.] E.

It is the intent of the legislature that the state-support reserve fund be reimbursed in the amount of the e t 17 yearly distribution by appropriation in the year following the w l n d 18m distribution: so that the fund at the beginning of each fiscal = = 19 a l year shall have a credit balance of at least ten million i a e r 20 dollars ($10,000,000).

ab r e t mº o t n = .218640.3AIC March 2, 2021 (11:41am) s k m 21e [G.]- F.14 - e a n e d r e l u [ A d state-support reserve fund be reimbursed in the amount of the yearly distribution by appropriation in the year following the distribution so that the fund at the beginning of each fiscal year shall have a credit balance of at least ten million dollars ($10,000,000).

Distribution[G.] fromF. [this] the state-support d r e 22 reserve fund shall be made in the same manner and on the same c e s k 23 basis as the state equalization guarantee distribution." e a n b 24 SECTION 5.

SectionDistribution 22-24-5from NMSA[this] 1978the (beingstate-support Lawsreserve 1975,fund ushall [be Chaptermade 235,in Sectionthe 5,same manner and on the same basis as amended)the isstate amendedequalization toguarantee read:distribution." SECTION 5.

.218640.3Section -22-24-5 14NMSA -1978 "22-24-5.(being Laws 1975, Chapter 235, Section 5, as amended) is amended to read:

"22-24-5.

Except as provided in Sections 22-24-4.3, h 22-24-5.4 and 22-24-5.6 NMSA 1978, the following provisions g o t hr govern grant assistance from the fund for a public school g e i k capital outlay project not wholly funded pursuant to Section h r i s 22-24-4.1 NMSA 1978:

h , t, (1) all school districts are eligible to apply e u g e b l e e h for funding from the fund, regardless of percentage of n d d i = = o h indebtedness;

l ] b ,d i a º e (2) priorities for funding shall be determined r i = r t e w d m a n o by using the statewide adequacy standards developed pursuant to Subsectiond Cm of: this section;

b e d s º o t n = .218640.3AIC March 2, 2021 (11:41am) s k m e - 15 - e a n e d r e l u [ A d Subsection C of this section;

e t 17 (a) the council shall apply the w l n d 18 standards to charter schools to the same extent that they are = = 19 a l applied to other public schools;

i a e r 20 (b) the council may award grants a t m m 21 annually to school districts for the purpose of repairing, d r e 22 renovating or replacing public school building systems in c e s k 23 existing buildings as identified in Section 22-24-4.6 NMSA e a n b 24 1978;

u [ (c) the council shall adopt and apply .218640.3 - 15 - adequacy standards appropriate to the unique needs of the constitutional special schools;

and (e) in an emergency in which the health h or safety of students or school personnel is at immediate risk g o t hr or in which there is a threat of significant property damage, g e i k the council may award grant assistance for a project using h r i s criteria other than the statewide adequacy standards;

h , t, (3) the council shall establish criteria to be e u g e b l e e h used in public school capital outlay projects that receive n d d i = = o h grant assistance pursuant to the Public School Capital Outlay l ] b ,d i a º e Act.

(a)r thei feasibility= ofr usingt design,e buildw andd financem arrangementsa forn publico school(a) capitalthe outlayfeasibility eof tusing 17design, projects;d m :

wb le d s º o t n d= 18.218640.3AIC (b)March the2, potential2021 use(11:41am) ofs morek durablem =e =- 1916 - e a n e d r e l constructionu materials[ thatA mayd reducebuild long-termand operatingfinance iarrangements afor epublic rschool 20capital costs;outlay projects;

a(b) tthe mpotential muse 21of (c)more conceptsdurable thatconstruction promotematerials efficientthat butmay dreduce rlong-term eoperating 22costs; flexible utilization of space;

and(c) cconcepts e s k 23 (d) any other financing or construction e a n b 24 concept that maypromote maximizeefficient thebut dollarflexible effectutilization of thespace; state grant u [ assistance;

.218640.3and -(d) 16any -other (4)financing noor moreconstruction thanconcept tenthat percentmay ofmaximize the combineddollar totaleffect of grantsthe instate agrant fundingassistance; cycle shall be used for retrofitting existing facilities for technology infrastructure;

(4) no more than ten percent of the combined total of grants in a funding cycle shall be used for retrofitting existing facilities for technology infrastructure;

h (a) the final prior year net taxable g o t hr value for a school district divided by the MEM for that school g e i k district is calculated for each school district;

h r i s (b) the final prior year net taxable h , t, value for the whole state divided by the MEM for the state is e u g e b l e e h calculated;

(c)n excludingd anyd schooli district= for= whicho theh result(c) calculatedexcluding pursuantany toschool Subparagraphdistrict (a)for ofl this] paragraphb is,d morei thana twiceº e which the result calculated pursuant to Subparagraph (b)(a) of thisr paragraph,i the= resultsr e t 17e calculatedw pursuantd tom Subparagrapha (a)n ofo this paragraph areis wmore lthan ntwice dthe 18result listedcalculated fromd highestm to: lowest;

=b e d s º o t n = 19.218640.3AIC aMarch l2, (d)2021 the(11:41am) lowests valuek listedm pursuante to- i17 - e a n e d r 20e l u [ A d pursuant to Subparagraph (c)(b) of this paragraphparagraph, isthe subtractedresults fromcalculated thepursuant ato tSubparagraph m(a) mof 21this highestparagraph valueare listed pursuantfrom highest to thatlowest; subparagraph;

d(d) r e 22 (e) the lowest value calculatedlisted pursuant to c e s k 23 Subparagraph (a)(c) of this paragraph for the subject school e a n b 24 district is subtracted from the highest value listed inpursuant uto [that Subparagraphsubparagraph; (c) of this paragraph;

.218640.3(e) - 17 - (f) the resultvalue calculated pursuant to Subparagraph (e)(a) of this paragraph for the subject school district is dividedsubtracted byfrom the resulthighest calculatedvalue pursuantlisted toin Subparagraph (d)(c) of this paragraph;

(g)(f) the sumresult ofcalculated thepursuant propertyto taxSubparagraph mill(e) leviesof forthis theparagraph prioris taxdivided year imposed by eachthe schoolresult districtcalculated on residential property pursuant to ChapterSubparagraph 22,(d) Article 18 NMSA 1978, the Public School Capital Improvements Act, the Public School Buildings Act, the Education Technology Equipment Act and Paragraph (2) of Subsectionthis Bparagraph; of Section 7-37-7 NMSA 1978 is calculated for each school district;

(h)(g) the lowestsum valueof calculatedthe property tax mill levies for the prior tax year imposed by each school district on residential property pursuant to SubparagraphChapter (g)22, ofArticle this18 paragraphNMSA ish subtracted1978, fromthe Public School Capital Improvements Act, the highestPublic valueu » r School Buildings Act, the Education Technology Equipment Act t h g e l i and Paragraph (2) of Subsection B of Section 7-37-7 NMSA 1978 h r i s is calculated pursuantfor toeach thatschool subparagraph;district;

(i)h , e h (h) the lowest value calculated pursuant t u g e b l e e , gh to Subparagraph (g) of this paragraph is subtracted from the valuen calculatedd pursuantd toi that= subparagraph= foro theh subjecthighest evalue tcalculated 17pursuant schoolto district;that subparagraph;

w l n] db 18,d (j)i a º r (i) the lowest value calculated pursuant toe =r = 19t e w d m a ln o to Subparagraph (i)(g) of this paragraph is dividedsubtracted byfrom the valued im a: e r 20 calculated pursuant to Subparagraph (h) of this paragraph;

ab t m m 21 (k) if the value calculated for a d r e 22t subjectº schoolo districtt pursuantn to= Subparagraph.218640.3AIC (j)March of2, this2021 c(11:41am) e s k 23m paragraphe is- less18 than- five-tenths, then, except as provided in e a n be 24d Subparagraphr (n)e orl (o) of this paragraph, the value for that u [ schoolA districtd equals the value calculated pursuant to .218640.3that -subparagraph 18for -the Subparagraphsubject (f)school ofdistrict; this paragraph;

(j) the value calculated pursuant to Subparagraph (i) of this paragraph is divided by the value calculated pursuant to Subparagraph (h) of this paragraph;

(k) if the value calculated for a subject school district pursuant to Subparagraph (j) of this paragraph is less than five-tenths, then, except as provided in Subparagraph (n) or (o) of this paragraph, the value for that school district equals the value calculated pursuant to Subparagraph (f) of this paragraph;

(m) if the value calculated for a h subject school district pursuant to Subparagraph (j) of this u » r paragraph is five-tenths or greater, then the value calculated t h g e l i pursuant to Subparagraph (l) of this paragraph is added to the h r i s value calculated pursuant to Subparagraph (f) of this h , e h paragraph.

Except as provided in Subparagraph (n) or (o) of t u g e b l e e , gh this paragraph, the sum equals the value for that school n d d i = = o h district;

l ] b ,d i a º r (n) in those instances in which the calculatione pursuantr to= Subparagrapht (k)e orw (m)d ofm this paragraph yields a valuen lesso thancalculation one-tenth,pursuant one-tenthto shallSubparagraph e(k) tor 17(m) beof usedthis asd them value: for the subject school district;

wb lr ne dt 18º (o)o int thosen instances= in.218640.3AIC whichMarch the2, =2021 =(11:41am) 19s ak lm calculatione pursuant- to19 Subparagraph- (k)e ora (m)n ofe thisd ir a e rl 20u [ A d paragraph yields a value greaterless than one,one-tenth, oneone-tenth shall be used as a t m m 21 the value for the subject school district;

d(o) rin ethose 22instances (p)in which the phasecalculation onepursuant formulato valueSubparagraph shall(k) cor e(m) sof kthis 23paragraph equalyields a fraction the numerator of which is the value forgreater thethan eone, aone nshall bbe 24used subjectas school district in the current year plus the value for uthe [subject that school districtdistrict; in each of the two preceding years and the .218640.3 - 19 - denominator of which is three;

(p) the phase one formula value shall equal a fraction the numerator of which is the value for the subject school district in the current year plus the value for that school district in each of the two preceding years and the denominator of which is three;

(6) no later than May 1 of each calendar year, h the phase two formula value shall be calculated for each school u » r district in accordance with the following procedure:

t h g e l i (a) the sum of the final prior five h r i s years net taxable value for a school district multiplied by h , e h nine [ten thousandths]thousandths ] ten-thousandths for that school district t u g e b l e e , gh is calculated for each school district;

n d d i = = o h (b) the value calculated pursuant to l ] b ,d i a º r Subparagraph (a) of this paragraph is added to a value equal to anye unrestrictedr revenue= usedt toe makew capitald outlaym expendituresa andn theo amount of any interfund transfers from an e t 17 unrestricted fundrevenue intoused a fund restricted to make capital outlay w l n d 18m expenditures: as certified by the department, averaged over the = = 19 a l prior ten years;

ib ar e rt 20º [(b)]o (c)t then maximum= allowable.218640.3AIC grossMarch a2, t2021 m(11:41am) ms 21k squarem foote per- student20 multiplied- bye thea replacementn coste per d r e 22l squareu foot[ dividedA byd forty-fiveexpenditures isand calculatedthe foramount eachof schoolany cinterfund etransfers sfrom kan 23unrestricted district;fund into a fund restricted to capital outlay expenditures as certified by the department, averaged over the prior ten years;

e[(b)] a(c) n b 24 [(c)] (d) the valuemaximum calculatedallowable pursuantgross usquare [foot toper Subparagraphstudent [(a)]multiplied (b) of this paragraph divided by the .218640.3replacement -cost 20per -square valuefoot calculateddivided pursuantby toforty-five Subparagraph [(b)] (c) of this paragraph is calculated for each school district;

[(d)][(c)] (e)(d) in those instances in which the calculationvalue calculated pursuant to Subparagraph [(c)][(a) (d)] (b) of this paragraph yieldsdivided aby the value equalcalculated pursuant to orSubparagraph greater[(b) than] one,(c) theof phasethis twoparagraph formulais valuecalculated shall be zero for theeach subject school district;

[(e)][(d)] (f)(e) in those instances in which the calculation pursuant to Subparagraph [(c)][(c) ] (d) of this paragraph yields a value ofequal ninety-hundredthsto or moregreater but less than one, the phase two formula value shall be onezero minusfor the valuesubject calculatedschool inh Subparagraphdistrict; [(c)] (d) of this paragraph;

andg [(f)]o (g)t hr [(e)] (f) in those instances in which g e i k the calculation pursuant to Subparagraph [(c)][(c) ] (d) of this h r i s paragraph yields a value of ninety-hundredths or more but less h , t, than ninety-hundredths,one, the phase e t 17 two formula value shall be one minus the valuee calculatedu ing we b l ne de 18h value calculated in Subparagraph [(c)][(c) ] (d) of this paragraphparagraph; plus the school = = 19 a l district population density factor;

in ad ed ri 20= (7)= theo stateh shareand ofl a] projectb approved,d byi a tº me m[(f)] 21(g) thein councilthose shallinstances bein fundedwhich withinr availablei resources= pursuantr t e w d rm ea 22n too the provisionscalculation pursuant to Subparagraph [(c) ] (d) of this paragraph.d m :

Exceptb ase providedd ins cº eo st kn 23= Section.218640.3AIC 22-24-5.7March NMSA2, 19782021 and(11:41am) excepts ask adjustedm pursuante to- 21 - e a n be 24d Paragraphr (9),e (10),l (11) or (12) of this subsection, the u [ amountA tod beparagraph distributedyields froma thevalue fundless forthan anninety-hundredths, approvedthe projectphase .218640.3two -formula 21value - shall equalbe theone totalminus projectthe costvalue multipliedcalculated byin theSubparagraph following[(c) percentage,] except(d) thatof inthis noparagraph caseplus shall the stateschool sharedistrict bepopulation lessdensity thanfactor; six percent:

(7) the state share of a project approved by the council shall be funded within available resources pursuant to the provisions of this paragraph.

Except as provided in Section 22-24-5.7 NMSA 1978 and except as adjusted pursuant to Paragraph (9), (10), (11) or (12) of this subsection, the amount to be distributed from the fund for an approved project shall equal the total project cost multiplied by the following percentage, except that in no case shall the state share be less than six percent:

(b) for fiscal year 2020, the percentage h shall be the sum of eight-tenths multiplied by the phase one u » r formula value and two-tenths multiplied by the phase two t h g e l i formula value;

h r i s (c) for fiscal year 2021, the percentage h , e h shall be the sum of six-tenths multiplied by the phase one t u g e b l e e , gh formula value and four-tenths multiplied by the phase two n d d i = = o h formula value;

l ] b ,d i a º r (d) for fiscal year 2022, the percentage shalle ber the= sumt ofe four-tenthsw multipliedd bym thea phasen oneo formulashall valuebe andthe six-tenthssum of four-tenths multiplied by the phase twoone ed tm 17: formula value;

wb lr ne dt 18º (e)o fort fiscaln year= 2023,.218640.3AIC theMarch percentage2, =2021 =(11:41am) 19s ak lm shalle be- the22 sum- ofe two-tenthsa multipliedn bye thed phaser onee il au e[ rA 20d formula value and eight-tenthssix-tenths multiplied by the phase two a t m m 21 formula value;

and(e) dfor rfiscal eyear 222023, (f)the forpercentage fiscalshall yearbe 2024the andsum thereafter,of ctwo-tenths emultiplied sby kthe 23phase theone percentageformula shallvalue beand eight-tenths multiplied by the phase two formula value;

eand a(f) nfor bfiscal 24year (8)2024 asand usedthereafter, inthe thispercentage subsection:shall be the phase two formula value;

u(8) [as (a)used "governmentalin entity"this includessubsection: an .218640.3 - 22 - Indian nation, tribe or pueblo;

(a) "governmental entity" includes an Indian nation, tribe or pueblo;

h (c) "phase two formula value" for a u » r state-chartered charter school means the phase two formula t h g e l i value calculated pursuant to Paragraph (6) of this subsection h r i s for the school district in which the state-chartered charter h , e h school is physically located;

t u g e b l e e , gh (d) "subject school district" means the n d d i = = o h school district that has submitted the application for funding l ] b ,d i a º r and in which the approved public school capital outlay project e r = t e w d m a n o will be located;

and (e) "total project cost" means the total e t 17 amount necessary to complete the public school capital outlay w l n d 18m project: less any insurance reimbursement received by the school = = 19 a l district for the project;

ib ar e rt 20º (9)o thet amountn to= be.218640.3AIC distributedMarch from2, the2021 fund(11:41am) as tk m me 21- for23 an- approvede a n e d r e l u [ A d (e) "total project pursuantcost" means the total amount necessary to Paragraphcomplete (7)the ofpublic thisschool dcapital routlay eproject 22less subsectionany shallinsurance bereimbursement reducedreceived by the followingschool procedure:district for the project;

c(9) e s k 23 (a) the totalamount ofto allbe legislativedistributed efrom athe nfund b 24 appropriations made after January 1, 2003 for nonoperatingan uapproved [project purposespursuant either directly to theParagraph subject(7) school district or to .218640.3 - 23 - another governmental entity for the purpose of passingthis thesubsection moneyshall throughbe directlyreduced to the subject school district, and not rejected by the subjectfollowing schoolprocedure: district, is calculated;

(a) the total of all legislative appropriations made after January 1, 2003 for nonoperating purposes either directly to the subject school district or to another governmental entity for the purpose of passing the money through directly to the subject school district, and not rejected by the subject school district, is calculated;

1) an appropriation made in a fiscal year shall be deemed to be accepted by a school district unless, prior to June 1 of that fiscal year, the school district notifies the h department of finance and administration and the public u » r education department that the school district is rejecting the t h g e l i appropriation;

2) the total shall exclude any education h r i s technology appropriation made prior to January 1, 2005 unless h , e h the appropriation was on or after January 1, 2003 and not t u g e b l e e , gh previously used to offset distributions pursuant to the n d d i = = o h Technology for Education Act;

3) the total shall exclude any l ] b ,d i a º r appropriation previously made to the subject school district e r = t e w d m a n o that is reauthorized for expenditure by another recipient;

4) the total shall exclude one-half of the amount of any e t 17 appropriation made or reauthorized after January 1, 2007 if the w l n d 18 purpose of the appropriation or reauthorization is to fund, in = = 19 a l whole or in part, a capital outlay project that, when i a e r 20 prioritized by the council pursuant to this section either in a t m m: 21 the immediately preceding funding cycle or in the current d r e 22 funding cycle, ranked in the top one hundred fifty projects c e s k 23 statewide;

5)b ther totale shallt excludeº theo proportionatet sharen = .218640.3AIC March 2, 2021 (11:41am) s k m e - 24 - e a n be 24d r e l u [ A d the total shall exclude one-half of the amount of any appropriation made or reauthorized after January 1, 20082007 uif [the forpurpose of the appropriation or reauthorization is to fund, in whole or in part, a capital outlay project thatthat, willwhen beprioritized jointlyby usedthe bycouncil apursuant .218640.3to -this 24section -either governmentalin entitythe otherimmediately thanpreceding funding cycle or in the subjectcurrent schoolfunding district.cycle, ranked in the top one hundred fifty projects statewide;

5) the total shall exclude the proportionate share of any appropriation made or reauthorized after January 1, 2008 for a capital project that will be jointly used by a governmental entity other than the subject school district.

and 6) unless the grant award is made to the state-chartered charter school h or unless the appropriation was previously used to calculate a u » r reduction pursuant to this paragraph, the total shall exclude t h g e l i appropriations made after January 1, 2007 for nonoperating h r i s purposes of a specific state-chartered charter school, h , e h regardless of whether the charter school is a state-chartered t u g e b l e e , gh charter school at the time of the appropriation or later opts n d d i = = o h to become a state-chartered charter school;

l ] b ,d i a º r (b) the percentage used for the subject e r = t e w d m a n o school district for the applicable fiscal year pursuant to Paragraphd (7)m of: this subsection is subtracted from one;

b r e t 17º (c)o thet value calculated pursuant to w l n d= 18.218640.3AIC SubparagraphMarch (a)2, of2021 this(11:41am) paragraphs fork them subjecte school- =25 =- 19e a ln districte isd multipliedr bye thel amountu calculated[ pursuantA tod iParagraph a(7) e r 20 Subparagraph (b) of this paragraphsubsection foris thatsubtracted schoolfrom district;one;

a(c) t m m 21 (d) the totalvalue amountcalculated of reductions for d r e 22 the subject school district previously made pursuant to c e s k 23 Subparagraph (e)(a) of this paragraph for otherthe approvedsubject public e a n b 24 school capitaldistrict outlay projects is subtractedmultiplied fromby the amount u [ calculated pursuant to Subparagraph (c)(b) of this paragraph;paragraph for that school district;

and(d) .218640.3the -total 25amount -of (e)reductions for the amountsubject toschool bedistrict distributedpreviously frommade the fund pursuant to ParagraphSubparagraph (7)(e) of this subsectionparagraph shallfor beother reducedapproved bypublic school capital outlay projects is subtracted from the amount calculated pursuant to Subparagraph (d)(c) of this paragraph;

(10)and (e) the amount calculated pursuant to Paragraphbe (7)distributed offrom thisthe subsection,fund after any reduction pursuant to Paragraph (9)(7) of this subsection,subsection mayshall be increasedreduced by an additional five percent if the councilamount findscalculated thatpursuant theto subjectSubparagraph school(d) districtof hasthis beenparagraph; exemplary in implementing and maintaining a preventive maintenance program.

The(10) councilthe shallamount adoptcalculated suchpursuant rulesto asParagraph are(7) necessaryof tothis implementsubsection, theafter provisionsany reduction pursuant h to Paragraph (9) of this paragraph;subsection, may be increased by an u » r additional five percent if the council finds that the subject t h g e l i school district has been exemplary in implementing and h r i s maintaining a preventive maintenance program.

(11)The the council mayh adjust, thee amounth ofshall localadopt sharesuch otherwiserules requiredas ifare itnecessary determinesto thatimplement athe schoolt districtu hasg madee ab good-faithl efforte toe use, allgh provisions of itsthis localparagraph; resources.

Beforen makingd anyd adjustmenti to= = o h (11) the council may adjust the amount of l ] b ,d i a º r local share,share otherwise required if it determines that a school e r = t 17e thew councild shallm considera whether:n o district has made a good-faith effort to use all of its local d m :

wb lr n d 18 (a) the school district has insufficient = = 19 a l bonding capacity over the next four years to provide the local i a e rt 20º matcho necessary to complete the project and, for all a t mn m= 21.218640.3AIC educationalMarch purposes,2, has2021 a(11:41am) residential property tax rate of at d r e 22 least ten dollars ($10.00) on each one thousand dollars c e s k 23m ($1,000)e of- taxable26 value,- as measured by the sum of all rates e a n be 24d imposedr bye resolutionl of the local school board plus rates set u [ toA payd interestresources. and principal on outstanding school district .218640.3 - 26 - general obligation bonds;

Before making any adjustment to the local share, the council shall consider whether:

(a) the school district has insufficient bonding capacity over the next four years to provide the local match necessary to complete the project and, for all educational purposes, has a residential property tax rate of at least ten dollars ($10.00) 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 board plus rates set to pay interest and principal on outstanding school district general obligation bonds;

3) has a share of the total h project cost, as calculated pursuant to provisions of this u » r section, that would be greater than fifty percent;

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

or e r = t e w d m a n o (c) the school district:

1) has an enrollmentd growthm rate: over the previous school year of at e t 17 least two and one-half percent;

2)b pursuantr toe itst five-yearº wo lt n d= 18.218640.3AIC facilitiesMarch plan,2, will2021 be(11:41am) buildings k m e - 27 - e a newn schoole withind r e l u [ A d enrollment growth rate over the nextprevious =school =year 19of aat lleast two years;and one-half percent;

and2) 3)pursuant forto allits educationalfive-year purposes,facilities hasplan, awill ibe abuilding e r 20 residential property tax rate of at least ten dollars ($10.00) a tnew mschool mwithin 21 on each one thousand dollars ($1,000) of taxable value, as d r e 22 measured by the sumnext oftwo allyears; rates imposed by resolution of the c e s k 23 local school board plus rates set to pay interest and principal e a n b 24 on outstanding school district general obligation bonds;

uand [3) (12)for theall localeducational matchpurposes, forhas thea constitutionalresidential .218640.3property -tax 27rate -of specialat schoolsleast shallten bedollars set($10.00) aton fiftyeach percentone forthousand projectsdollars that($1,000) qualifyof undertaxable thevalue, educationalas adequacymeasured categoryby andthe onesum hundredof percentall forrates projectsimposed thatby qualifyresolution inof the supportlocal spacesschool category;board plus rates set to pay interest and principal on outstanding school district general obligation bonds;

provided(12) that the councillocal maymatch adjustfor orthe waiveconstitutional thespecial amountschools ofshall anybe directset appropriationat offsetfifty topercent orfor localprojects sharethat requiredqualify forunder the constitutionaleducational specialadequacy schoolscategory ifand anone applicanthundred constitutionalpercent specialfor schoolprojects hasthat insufficientqualify orin nothe localsupport resourcesspaces available;category;

andprovided (13)that nothe applicationcouncil formay grantadjust assistanceor fromwaive the fundamount shallof beany approveddirect unlessappropriation offset to or local share required for the councilconstitutional determinesspecial that:schools if an applicant h constitutional special school has insufficient or no local u » r resources available;

(a)and thet publich schoolg capitale outlayl projecti is(13) neededno andapplication includedfor ingrant theassistance schoolfrom district'sh five-r yeari facilitiess planthe amongfund itsshall topbe priorities;approved unless the council determines that:

(b)h , e h (a) the public school districtcapital hasoutlay usedt itsu capitalg resourcese b l e e , gh project is needed and included in athe prudentschool manner;district's five- n d d i = = o h year facilities plan among its top priorities;

(c)l the] schoolb district,d hasi provideda eº tr 17(b) insurancethe forschool buildingsdistrict ofhas theused schoolits districte inr accordance= wt le nw d 18m witha then provisionso ofcapital Sectionresources 13-5-3in NMSAa 1978;prudent manner;

=d =m 19: a l (d) the school district has submitted a i a e r 20 five-year facilities plan that includes:

1)b enrollmentr ae t mº o t n = .218640.3AIC March 2, 2021 (11:41am) s k m 21e projections;- 28 - e a n e d r e l u [ A d (c) the school district has provided insurance for buildings of the school district in accordance with the provisions of Section 13-5-3 NMSA 1978;

2)(d) a current preventive maintenance plan that has d r e 22 been approved by the council pursuant to Section 22-24-5.3 NMSA c e s k 23 1978 and that is followed by each public school indistrict thehas esubmitted a nfive-year bfacilities 24plan district;that includes:

3)1) theenrollment capitalprojections; needs of charter schools located in u [ the school district;

and2) 4)a projectionscurrent forpreventive themaintenance facilitiesplan .218640.3that -has 28been -approved neededby inthe ordercouncil pursuant to maintainSection a22-24-5.3 full-dayNMSA kindergartenand program;that is followed by each public school in the district;

3) the capital needs of charter schools located in the school district;

and 4) projections for the facilities needed in order to maintain a full-day kindergarten program;

h (f) the application includes the capital u » r needs of any charter school located in the school district or t h g e l i the school district has shown that the facilities of the h r i s charter school have a smaller deviation from the statewide h , e h adequacy standards than other district facilities included in t u g e b l e e , gh the application;

and n d d i = = o h (g) the school district has agreed, in l ] b ,d i a º r writing, to comply with any reporting requirements or e r = t e w d m a n o conditions imposed by the council pursuant to Section 22-24-5.1 NMSAd 1978.m :

b r e t 17º C.o t n = .218640.3AIC March 2, 2021 (11:41am) s k m e - 29 - e a n e d r e l u [ A d NMSA 1978.

AfterC. consulting with the public school capital w l n d 18 outlay oversight task force and other experts, the council = = 19 a l shall regularly review and update statewide adequacy standards i a e r 20 applicable to all school districts.

TheAfter standardsconsulting shallwith a t m m 21 establish the acceptablepublic levelschool forcapital theoutlay physicaloversight conditiontask force and dother rexperts, e 22 capacity of buildings, the educationalcouncil suitabilityshall ofregularly creview e s k 23 facilities and theupdate needstatewide foradequacy educationstandards technologyapplicable eto aall nschool bdistricts. 24 infrastructure.

ExceptThe asstandards otherwiseshall providedestablish in the Publicacceptable ulevel [for Schoolthe Capitalphysical Outlaycondition Act,and thecapacity amount of outstandingbuildings, deviation .218640.3 - 29 - from the standardseducational shallsuitability beof usedfacilities byand the councilneed infor evaluatingeducation andtechnology prioritizinginfrastructure. public school capital outlay projects.

Except as otherwise provided in the Public School Capital Outlay Act, the amount of outstanding deviation from the standards shall be used by the council in evaluating and prioritizing public school capital outlay projects.

The acquisition of a facility by a school district or charter school pursuant to a financing agreement that provides for lease payments with an option to purchase for a price that is reduced according to lease payments made may be h considered a public school capital outlay project and eligible u » r for grant assistance under this section pursuant to the t h g e l i following criteria:

h r i s (1) no grant shall be awarded unless the h , e h council determines that, at the time of exercising the option t u g e b l e e , gh to purchase the facility by the school district or charter n d d i = = o h school, the facility will equal or exceed the statewide l ] b ,d i a º r adequacy standards and the building standards for public school e r = t e w d m a n o facilities;

(2) no grant shall be awarded unless the e t 17 school district and the need for the facility meet all of the w l n d 18m requirements: for grant assistance pursuant to the Public School = = 19 a l Capital Outlay Act;

ib ar e rt 20º (3)o thet totaln project= cost.218640.3AIC shallMarch equal2, the2021 a(11:41am) ts mk m 21e total- payments30 that- woulde bea duen undere thed agreementr ife thel u [ A d r(2) eno 22grant shall be awarded unless the school district orand charterthe schoolneed wouldfor eventuallythe acquirefacility cmeet eall sof kthe 23requirements titlefor grant assistance pursuant to the facility;Public School Capital Outlay Act;

e(3) a n b 24 (4) the portion of the total project cost toshall uequal [the betotal paidpayments fromthat thewould fund may be awardeddue asunder onethe grant,agreement butif .218640.3the -school 30district -or disbursementscharter fromschool thewould fundeventually shallacquire betitle made from time to timethe asfacility; lease payments become due;

(4) the portion of the total project cost to be paid from the fund may be awarded as one grant, but disbursements from the fund shall be made from time to time as lease payments become due;

and (6) neither a grant award nor any provision of h the Public School Capital Outlay Act creates a legal obligation u » r for the school district or charter school to continue the lease t h g e l i from year to year or to purchase the facility.

h r i s E.

In order to encourage private capital investment h , e h in the construction of public school facilities, the purchase t u g e b l e e , gh of a privately owned school facility that is, at the time of n d d i = = o h application, in use by a school district may be considered a l ] b ,d i a º r public school capital outlay project and eligible for grant e r = t e w d m a n o assistance pursuant to this section if the council finds that:

(1) at the time of the initial use by the e t 17 school district, the facility to be purchased equaled or w l n d 18m exceeded: the statewide adequacy standards and the building = = 19 a l standards for public school facilities;

ib ar e rt 20º (2)o att then time= of.218640.3AIC application,March attendance2, at2021 a(11:41am) ts mk m 21e the- facility31 to- bee purchaseda isn ate seventy-five percent or d r e 22l greateru of[ designA capacityd and(1) the attendance at otherthe schoolstime cof ethe sinitial kuse 23by in the school districtdistrict, that the students at the facility wouldto ebe apurchased nequaled bor 24exceeded otherwisethe attendstatewide isadequacy atstandards eighty-fiveand percentthe orbuilding greaterstandards offor designpublic uschool [facilities; capacity;

and(2) .218640.3at -the 31time -of (3)application, attendance at the schoolfacility districtto andbe thepurchased capitalis outlayat projectseventy-five meetpercent allor greater of design capacity and the requirementsattendance forat grantother assistanceschools pursuantin tothe school district that the Publicstudents Schoolat Capitalthe Outlayfacility Act;would otherwise attend is at eighty-five percent or greater of design capacity;

providedand that,(3) when determining the deviationschool fromdistrict and the statewidecapital adequacyoutlay standardsproject formeet theall purposes of evaluating and prioritizing the project,requirements thefor studentsgrant usingassistance thepursuant facility shall be deemed to bethe attendingPublic otherSchool schoolsCapital inOutlay theAct; school district.

F.provided that, when determining the deviation from the statewide adequacy standards for the purposes of evaluating and prioritizing the project, the students using the facility shall h be deemed to be attending other schools in the school district.

Itu is» ther intentF. of the legislature that grant assistance made pursuant to this section allows every school district to meet the standards developed pursuant to Subsection C of this section;

provided,It however,is thatthe nothingintent inof the Publiclegislature Schoolthat Capitalgrant Outlayt Acth org thee developmentl ofi standardsassistance made pursuant to thatthis actsection prohibitsallows aevery school districth fromr usingi others fundsdistrict available to meet the districtstandards developed pursuant to exceedSubsection theh statewide, adequacye standards.h C of this section;

G.provided, however, that nothing in the t u g e b l e e , gh Public School Capital Outlay Act or the development of n d d i = = o h standards pursuant to that act prohibits a school district from l ] b ,d i a º r using other funds available to the district to exceed the e r = t e w d m a n o statewide adequacy standards.

Upon request, the council shall work with, and e t 17 provide assistance and information to, the public school w l n d 18m capital: outlay oversight task force.

=b r e t º o t n = 19.218640.3AIC March 2, 2021 (11:41am) s k m e - 32 - e a n e d r e l H.u [ A d G.

TheUpon councilrequest, maythe establishcouncil committeesshall orwork taskwith, iand aprovide eassistance r 20 forces, not necessarily consisting of council members, and mayinformation ato, t m m 21 use the committees or task forces, as well as existing agencies d r e 22 or organizations, to conduct studies, conduct surveys, submit c e s k 23 recommendations or otherwise contribute expertise from the e a n b 24 public schools,school programs,capital interestoutlay groupsoversight andtask segmentsforce. of u [ society most concerned with a particular aspect of the .218640.3 - 32 - council's work.

H.

The council may establish committees or task forces, not necessarily consisting of council members, and may use the committees or task forces, as well as existing agencies or organizations, to conduct studies, conduct surveys, submit recommendations or otherwise contribute expertise from the public schools, programs, interest groups and segments of society most concerned with a particular aspect of the council's work.

h J.

No later than December 15 of each year, the u » r council shall prepare a report summarizing its activities t h g e l i during the previous fiscal year.

The report shall describe in h r i s detail all projects funded, the progress of projects previously h , e h funded but not completed, the criteria used to prioritize and t u g e b l e e , gh fund projects and all other council actions.

The report shall n d d i = = o h be submitted to the public education commission, the governor, l ] b ,d i a º r the legislative finance committee, the legislative education e r = t e w d m a n o study committee and the legislature." SECTIONd 6.m :

CONTINGENTb EFFECTIVEr DATE--NOTIFICATIONe TOt THEº eo t 17n NEW= MEXICO.218640.3AIC COMPILATIONMarch COMMISSION2, AND2021 THE(11:41am) LEGISLATURE.--s wk lm e - 33 - e a n e d 18r A.e l u [ A d SECTION 6.

TheSECºCONTINGENT provisionsEFFECTIVE ofDATE--NOTIFICATION thisTO actTHE»SEC shallSECºEFFECTIVE beDATE.--The effective =date =of 19the aprovisions lof thethis lateract ofis July 1, 20212021.»SEC orSECºNEW theMEXICO dateCOMPILATION whenCOMMISSION bothAND theTHE dismissalLEGISLATURE.-- iA. a e r 20 of Zuni Public School District, et al.

The provisions of this act shall be effective the later of July 1, 2021 or the date when both the dismissal of Zuni Public School District, et al.

State of New Mexico, a t m m 21 No.

D-1113-CV-98-00014-11 and the withdrawal from the d r e 22 consolidated case of Martinez, et al.

State of New Mexico, c e s k 23 No.

State of New e a n b 24 Mexico, No.

D-101-CV-2014-02224 of all the school districts u [ receiving grants from the federal government as assistance to .218640.3 - 33 - those areas affected by federal activity authorized in accordance with Title 20 of the United States Code, commonly known as "PL 874 funds" or "impact aid funds", has been accomplished.

h B.

The public education department shall notify the u » r t h New Mexico compilation commission and the legislature of the g e l i effective date of this act based on the conditions provided in h r i s Subsection A of this section being met.

Notice to the h , e h t u g legislature shall be given by notice to the legislative council service.e b l e e , gh service.»SEC n d d i = = o h - 34 - l ] b ,d i a º r e r = t e w d m a n o d m :

-b 34r - 13 15 e t 17º wo lt n d= 18.218640.3AIC =March =2, 192021 a(11:41am) ls ik am e re 20 a tn me m 21 d r e 22l c e s k 23 e a n b 24 u [ .218640.3A d