N.Y. Comp. Codes R. & Regs. tit. 8 § 155.13

Current through Register Vol. 46, No. 45, November 2, 2024

Section 155.13 - Apportionment for asbestos projects

Funds available to public school districts, specifically for the purpose of building projects designed to eliminate asbestos hazards from school facilities, shall be apportioned pursuant to provisions of this section and in accordance with article 9-A of the Education Law, except that school asbestos hazard abatement grants authorized by section 437 of the Education Law, shall be apportioned pursuant to section 155.12 of this Part.

(a) Such funds shall be available for projects for which an application, in form and substance as required by the commissioner, is submitted to the Education Department by December 1st of the school year for which such funds are appropriated. Each such application shall include, but shall not be limited to, the following assurances by the board of education of the public school district:

(1) that an imminent health hazard due to the presence of asbestos, as such terms are defined in section 432 of the Education Law, exists;

(2) that the project is designed to remove, contain or encapsulate asbestos;

(3) that, contingent upon approval of the project pursuant to this section, a building project application, including plans and specifications, will be submitted to the Education Department no later than April 1st of the school year for which such funds are appropriated;

(4) that, contingent upon approval of the project pursuant to this section, construction contracts for the project will be signed by the board of education no later than May 1st of the school year for which such funds are appropriated;

(5) that, contingent upon approval of the project pursuant to this section, an interim expenditure report, in a form prescribed by the commissioner, will be submitted to the Education Department upon signing of the construction contract; and

(6) that local funds required to successfully complete the project will be available in a timely manner or, where applicable, that a proposition authorizing the expenditure of funds for such purpose will be submitted to the voters of the school district.

(b) All projects shall meet all requirements of subdivision (a) of this section.

(c) All projects shall meet all requirements of building projects required by section 408 of the Education Law and this Part.

(d) The amount of each such apportionment shall be for the same percentage of total project costs. Such percentage will be determined by the commissioner; provided, however, that such percentage shall not be less than 40 per centum nor more than 50 per centum of the total project cost.

(e) The priority of approval of all projects which meet the requirements of this section shall be based upon the building aid ratio of each school district selected for purposes of building aid in the current year. Projects from districts with the highest aid ratios shall be approved first, and subsequent projects shall be approved according to descending order of such aid ratios. In the case of projects from districts with identical aid ratios, the commissioner will, to the extent that funds are available, approve projects for the districts of greatest need as determined by the commissioner.

(f) Payment of the apportionment shall be made upon certification by the district that a construction contract has been signed for the project. In no case shall an apportionment be paid for projects in which the contract was signed after May 1st of the school year for which such funds are appropriated, except as provided in subdivision (j) of this section.

(g) Each project approved for an apportionment pursuant to the provisions of this section shall also be eligible to receive building aid, pursuant to the provisions of subdivision 6 of section 3602 of Education Law, on the balance of total approved expenditures not aided pursuant to this section.

(h) Not more than 40 per centum of the appropriation made available for purposes of this section shall be awarded for projects of the board of education of the city school district of the City of New York. All such projects shall comply with the provisions of this section.

(i) Nothing in this section shall prevent an award of an apportionment pursuant to this section being made for projects already approved by the commissioner, provided those projects otherwise meet the requirements of this section. An application is not required for any such project previously approved.

(j) Notwithstanding the provisions of subdivisions (a) through (i) of this section, upon a finding by the commissioner that all funds available for the purposes specified in this section have not been obligated by contract by May 1st of the school year for which such funds are appropriated, additional awards may be approved at the discretion of the commissioner prior to August 31st of the succeeding school year. Projects for which such additional awards may be approved shall be for the elimination of imminent health hazards caused by the presence of asbestos.

(k) No funds shall be apportioned pursuant to this section unless the school district has authorized the local funds necessary to successfully complete the project.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 155.13