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art.022/5/022/4/022/3

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     ARTICLE 22

RELATING TO EDUCATION

     SECTION 1. Section 16-7-41.1 of the General Laws in Chapter 16-7 entitled

"Foundation Level School Support [See Title 16 Chapter 97 - The Rhode Island Board Of

Education Act]" is hereby amended to read as follows:

     16-7-41.1. Eligibility for reimbursement.. -- (a) School districts, not municipalities,

may apply for and obtain approval for a project under the necessity of school construction process

set forth in the regulations of the board of regents for elementary and secondary education,

provided, however, in the case of municipality which issues bonds through the Rhode Island

Health and Educational Building Corporation to finance or refinance school facilities for a school

district which is not part of the municipality, the municipality may apply for and obtain approval

for a project. Such approval will remain valid until June 30 of the third fiscal year following the

fiscal year in which the board of regents for elementary and secondary education's approval is

granted. Only those projects undertaken at school facilities under the care and control of the

school committee and located on school property may qualify for reimbursement under sections

16-7-35 -- 16-7-47. Facilities with combined school and municipal uses or facilities that are

operated jointly with any other profit or non-profit agency do not qualify for reimbursement

under sections 16-7-35 -- 16-7-47. Projects completed by June 30 of a fiscal year are eligible for

reimbursement in the following fiscal year. A project for new school housing or additional

housing shall be deemed to be completed when the work has been officially accepted by the

school committee or when the housing is occupied for its intended use by the school committee,

whichever is earlier.

      (b) Notwithstanding the provisions of this section, the board of regents shall not grant

final approval for any project between June 30, 2011 and June 30, 2014 May 1, 2015 except for

projects that are necessitated by immediate health and safety reasons. In the event that a project is

requested during the moratorium because of immediate health and safety reasons, those proposals

shall be reported to the chairs of the house and senate finance committees.

      (c) Any project approval granted prior to the adoption of the school construction

regulations in 2007, and which are currently inactive; and any project approval granted prior to

the adoption of the school construction regulations in 2007 which did not receive voter approval

or which has not been previously financed, are no longer eligible for reimbursement under this

chapter. The department of elementary and secondary education shall develop recommendations

for further cost containment strategies in the school housing aid program.

     SECTION 2. This article shall take effect upon passage.