Sec. 155.19. Extraordinary school capital needs program

(a) Allowable expenses for repairs that may be used to calculate the apportionment of extraordinary school capital needs aid pursuant to sections 1 and 2 of chapter 64 of the Laws of 1994 shall mean expenditures recorded in the school district's special aid fund related to maintaining and repairing instructional school facilities, including expenses for minor repair and improvement activities performed to remedy existing minor maintenance deficiencies and expenses for periodic, scheduled maintenance activities intended to mitigate the need for extensive capital renovation and rehabilitation in the future. Such expenses may include heating, ventilation and air conditioning repairs, electrical system repairs, plumbing repairs, and general repairs, including, but not limited to roof, floor, wall and window repairs, including painting and patching. Allowable expenses shall not include any expenses eligible for building aid under provisions of subdivision 6 of section 3602 of the Education Law.

(b) Application for the apportionment.

(1) The city school district of New York shall submit an application for the apportionment provided pursuant to section 1 of chapter 64 of the Laws of 1994, which shall consist of the report required by subdivision (c) of such section.

(2) For school districts claiming an apportionment for the extraordinary school capital needs program pursuant to section 2 of chapter 64 of the Laws of 1994, any reports submitted to the commissioner pursuant to subdivision (d) of this section shall be deemed to be an application for the apportionment.

(c) Reports of expenditures on maintenance and repair projects required of the city school district of New York.

(1) On or before March 1, 1995, the city school district of New York shall submit to the commissioner a certified report of expenditures made through February 1, 1995, from the special aid fund of the city school district for programs funded from the extraordinary school capital needs program for New York City pursuant to section 1 of chapter 64 of the Laws of 1994. Such report shall indicate by community school district, high school district and group of special education buildings the amount of expenditures for those minor maintenance and repair projects identified for funding pursuant to subdivisions (c) and (d) of section 1 of chapter 64 of the Laws of 1994.

(2) On or before August 1, 1995, the city school district of New York shall submit to the commissioner a certified report of expenditures made through June 30, 1995, from the special aid fund of the city school district for programs funded from the extraordinary school capital needs program for New York City pursuant to section 1 of chapter 64 of the Laws of 1994. Such report shall indicate by community school district, high school district and group of special education buildings the amount of expenditures for those minor maintenance and repair projects identified for funding pursuant to subdivisions (c) and (d) of section 1 of chapter 64 of the Laws of 1994.

(3) On or before December 1, 1994, the city school district of New York shall submit to the commissioner a separate certified report for each of the 1993-94 and 1994-95 school years of all expenditures recorded to the general fund of the city school district related to maintaining and repairing instructional school facilities, including expenses for minor repairs and improvement activities performed to remedy existing minor maintenance deficiencies and expenses for periodic, scheduled maintenance activities intended to mitigate the need for extensive capital renovation and rehabilitation in the future. Based on these reports the commissioner shall identify any positive difference of such 1993-94 expenditures minus such 1994-95 expenditures, and the apportionment payable to the city school district of New York under section 1 of chapter 64 of the Laws of 1994 or under section 3602 of the Education Law and section 3609-a of the Education Law shall be reduced in any amount equal to the amount of such identified positive difference.

(d) Reports of expenditures on maintenance and repair projects required of school districts outside of New York City.

(1) On or before March 1, 1995, any school district claiming an apportionment for the extraordinary school capital needs program pursuant to section 2 of chapter 64 of the Laws of 1994 shall submit a certified report to the commissioner of the total expenditures incurred through February 1, 1995, in support of the activities of such program.

(2) On or before August 1, 1995, any school district claiming an apportionment for the extraordinary school capital needs program pursuant to section 2 of chapter 64 of the Laws of 1994 shall submit a certified report to the commissioner of the total expenditures incurred through June 30, 1995 in support of the activities of such program.

(3) On or before December 1, 1995, any school district receiving an apportionment for the extraordinary school capital needs program pursuant to section 2 of chapter 64 of the Laws of 1994 shall report to the commissioner any positive difference of the initial 1994-95 budgetary appropriation from appropriation account A1621 of the uniform system of accounts for school districts, as approved by the school district prior to July 1, 1994, minus the actual expenditures recorded to such accounts for the fiscal period ending June 30, 1995. Such report shall demonstrate to the satisfaction of the commissioner that any such positive difference does not represent the supplanting of local funds with funding provided pursuant to section 2 of chapter 64 of the Laws of 1994, or the school district shall have its apportionment under sections 3602 and 3609-a of the Education Law reduced in an amount equal to the amount of such positive difference that the commissioner determines represents supplanted funds.