New Mexico SB 30: CHANGE CAPITAL OUTLAY FUNDING FORMULA

Bill Text

SB 30
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AN ACT
RELATING TO PUBLIC SCHOOL CAPITAL OUTLAY; CHANGING THE
CAPITAL OUTLAY FUNDING FORMULA FOR DETERMINATION OF
STATE-LOCAL MATCHES; ADDING DEFINITIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 22-24-3 NMSA 1978 (being Laws 1975,
Chapter 235, Section 3, as amended) is amended to read:
"22-24-3. DEFINITIONS.--As used in the Public School
Capital Outlay Act:
A. "authority" means the public school facilities
authority;
B. "building system" means a set of interacting
parts that makes up a single, nonportable or fixed component
of a facility and that, together with other building systems,
makes up an entire integrated facility or property, including
roofing, electrical distribution, electronic communication,
plumbing, lighting, mechanical, fire prevention, facility
shell, interior finishes and heating, ventilation and air
conditioning systems, as defined by the council;
C. "constitutional special schools" means the
New Mexico school for the blind and visually impaired and the
New Mexico school for the deaf;
D. "constitutional special schools support spaces"
means all facilities necessary to support the constitutional

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special schools' educational mission that are not included in
the constitutional special schools' educational adequacy
standards, including performing arts centers, facilities for
athletic competition, school district administration and
facility and vehicle maintenance;
E. "council" means the public school capital
outlay council;
F. "education technology infrastructure" means the
physical hardware used to interconnect education technology
equipment for school districts and school buildings necessary
to support broadband connectivity as determined by the
council;
G. "fund" means the public school capital outlay
fund;
H. "maximum allowable gross square foot per
student" means a determination made by applying the
established maximum allowable square foot guidelines for
educational facilities based on type of school and number of
students in the current published New Mexico public school
adequacy planning guide to the department's current year
certified first reporting date membership;
I. "replacement cost per square foot" means the
statewide cost per square foot as established by the council;
J. "school district" includes state-chartered
charter schools and the constitutional special schools;

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K. "school district population density" means the
population density on a per square mile basis of a school
district as estimated by the authority based on the most
current tract level population estimates published by the
United States census bureau; and
L. "school district population density factor"
means zero when the school district population density is
greater than fifty people per square mile, six-hundredths
when the school district population density is greater than
fifteen but less than fifty-one persons per square mile and
twelve-hundredths when the school district population density
is less than sixteen persons per square mile."
SECTION 2. Section 22-24-5 NMSA 1978 (being Laws 1975,
Chapter 235, Section 5, as amended) is amended to read:
"22-24-5. PUBLIC SCHOOL CAPITAL OUTLAY PROJECTS--
APPLICATION--GRANT ASSISTANCE.--
A. Applications for grant assistance, approval of
applications, prioritization of projects and grant awards
shall be conducted pursuant to the provisions of this
section.
B. Except as provided in Sections 22-24-4.3,
22-24-5.4 and 22-24-5.6 NMSA 1978, the following provisions
govern grant assistance from the fund for a public school
capital outlay project not wholly funded pursuant to Section
22-24-4.1 NMSA 1978:

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(1) all school districts are eligible to
apply for funding from the fund, regardless of percentage of
indebtedness;
(2) priorities for funding shall be
determined by using the statewide adequacy standards
developed pursuant to Subsection C of this section; provided
that:
(a) the council shall apply the
standards to charter schools to the same extent that they are
applied to other public schools;
(b) the council may award grants
annually to school districts for the purpose of repairing,
renovating or replacing public school building systems in
existing buildings as identified in Section 22-24-4.6 NMSA
1978;
(c) the council shall adopt and apply
adequacy standards appropriate to the unique needs of the
constitutional special schools; and
(d) in an emergency in which the health
or safety of students or school personnel is at immediate
risk or in which there is a threat of significant property
damage, the council may award grant assistance for a project
using criteria other than the statewide adequacy standards;
(3) the council sha