N.Y. Defense Emergency Act 1951 Law § 35

Current through 2024 NY Law Chapter 553

Section 35 - State civil defense aid for fallout protection at schools, colleges and universities

1.Subject to the limitations and conditions prescribed in this section, the trustees or board of education of every school district, the board of higher education in the city of New York and the governing body, by whatever name known, of all other elementary schools, secondary schools, colleges and universities in the state shall be eligible to receive state civil defense aid, within the amounts appropriated to the commission for this purpose, in consideration for the provision by such schools, colleges and universities of shelter protection against radioactive fallout for inhabitants of the state.

2.The amount of state civil defense aid payable pursuant to this section with respect to a fallout shelter acquired, constructed or installed at any school, college or university after the effective date of this section shall be twenty-five dollars multiplied by the maximum reimbursable shelter occupancy, but in no event shall such amount exceed fifty per cent of the cost of such shelter.

3.For purposes of this section, the "maximum reimbursable shelter occupancy" shall mean

a.In the case of a fallout shelter acquired, constructed or installed at existing schools, colleges and universities:

i.the largest number of students enrolled plus faculty, administrative staff and other personnel employed at the school, college or university who are reasonably estimated to have been present at any one time during any day within one year prior to the date of application for the payment of state civil defense aid under this section minus the planned shelter occupancy of all other fallout shelters at the school, college or university, for which occupancy state civil defense aid has been approved by the state director pursuant to this section, or

ii.the planned shelter occupancy of the fallout shelter with respect to which the application for state civil defense aid under this section is made, whichever is less.

b.In the case of a fallout shelter acquired, constructed or installed at a new school:

i.the largest number of students plus faculty, administrative staff and other personnel which the school is designed to accommodate at any one time minus the planned shelter occupancy of all other fallout shelters at the school, for which occupancy state civil defense aid has been approved by the state director pursuant to this section, or

ii.the planned shelter occupancy of the fallout shelter with respect to which the application for state civil defense aid under this section is made, whichever is less.

4.No payment of any state civil defense aid shall be made with respect to any fallout shelter pursuant to this section unless:

a.The plans and specifications for the shelter, and any modifications thereof, are certified by the commission to be in compliance with the provisions of this act and the plan, regulations or orders of the commission promulgated thereunder; provided, however, that the commission may designate the state commissioner of education or the commissioner of public works of the city of New York as its agent for the purpose of certifying such compliance with respect to shelters acquired, constructed or installed by school districts, public colleges or public universities which are required under other provisions of law to submit plans and specifications for school buildings to the officer designated.

b.The shelter is completed in accordance with the plans and specifications, and any modifications thereof, certified by the commission or its designated agent pursuant to the immediately preceding paragraph a.

c.The trustees, board or governing body of the school, college or university at which the fallout shelter is located shall by written agreement grant to the commission, and to such local directors as the commission may designate, exclusive control of the use of such shelter at any time for civil defense purposes, the right to schedule civil defense drills involving the use of such shelter at any time after consultation with the appropriate school authorities and to supervise such drills, and the right to inspect the shelter from time to time for compliance with the storage, preparedness and other standards set forth in the plan, regulations or orders of the commission. The grant shall be in such form and detail as the commission may by regulation prescribe and shall specify that any use of the shelter for purposes unrelated to civil defense shall not interfere with the use or readiness thereof for civil defense purposes and shall conform with the plan, regulations or orders of the commission relating thereto.

5.At any time within five years of the date of the original application for state civil defense aid for a specified fallout shelter pursuant to this section, an application may be submitted for recomputation of the amount of state civil defense aid payable with respect thereto and in such case the date of application for the recomputation shall be used in determining the maximum reimbursable shelter occupancy of such shelter. If the amount of state civil defense aid payable upon recomputation exceeds the amount paid upon the original application, the difference shall be payable as state civil defense aid pursuant to this section.

6.Applications for payments of state civil defense aid pursuant to this section shall be certified by the local director and submitted to the state director on such dates, with such information and in such form as he may prescribe; provided, however, that nothing contained in this section shall be deemed to prevent two or more schools, colleges and universities from submitting a joint application for state civil defense aid with respect to any fallout shelter jointly acquired, constructed or installed. State civil defense aid pursuant to this section shall be paid upon applications approved by the state director after audit by and on warrant of the state comptroller.

7.Where a school district has issued obligations pursuant to paragraph a of subdivision two of section twenty-nine of this act, state civil defense aid received pursuant to this section shall be applied to the payment of the interest on and principal of any such obligations as may be outstanding.

8.In addition to any moneys appropriated or made available therefor and in the event of the necessity therefor in order to defend the people of the state, the state comptroller shall have power to issue notes to pay the costs incurred by the state in the acquisition, construction, installation, storage and maintenance of facilities and materials essential for shelter use and the safety and health of the people in the event of attack and for the payment of state civil defense aid pursuant to this section. Each such note shall mature within a period of not to exceed two years from the date of original issue thereof, but may contain provision for payment thereof within such two year period. Unless the legislature shall provide for the issuance of bonds to redeem such notes, such notes shall be paid not later than their respective maturity dates. The comptroller shall report to the legislature at the opening of its next regular or extraordinary session all action taken by him pursuant to this subdivision.

N.Y. Defense Emergency Act 1951 Law § 35