New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter J - Buildings And Transportation
Part 155 - Educational Facilities
Section 155.18 - Aid for asbestos inspections

Universal Citation: 8 NY Comp Codes Rules and Regs ยง 155.18

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Purpose. Each school district, board of cooperative educational services (BOCES), and nonpublic school as defined in this section, may submit a claim for aid for approved expenses for asbestos inspections incurred on or after January 1, 1988 and prior to July 1, 1989, pursuant to the provisions of sections 15 and 16 of chapter 262 of the Laws of 1988.

(b) Definitions. For the purpose of this section:

(1) Nonpublic school shall mean a nonprofit, nonpublic elementary or secondary school which, by September 1, 1989, has submitted the claim form required pursuant to this section, and which establishes to the satisfaction of the commissioner that it provides instruction to pupils in accordance with Education Law, section 3204.

(2) Approved expenditures for asbestos inspections shall mean cash expenditures approved by the commissioner for asbestos inspections and expenses related to such expenses as defined in subdivision 1 of each of sections 15 and 16 of chapter 262 of the Laws of 1988.

(3) Instructional space shall mean space in which teachers or other professional staff meet with students for purposes of providing instruction or professional services, including service- related spaces such as, but not limited to boiler rooms, hallways, means of egress, toilets, cafeterias, as approved by the commissioner; provided that such term shall not include vacant facilities, dormitories, dwellings, public libraries and other facilities for which the primary use is administrative, storage, maintenance, bus and motor vehicle storage and/or maintenance or repair.

(c) Approval of expenditures for asbestos inspections. Costs eligible for approval shall include the costs of the asbestos inspection activities described in paragraph b of subdivision 1 of each of sections 15 and 16 of chapter 262 of the Laws of 1988, provided that such activities have been completed by individuals and/or entities approved to perform such activities or services through programs approved by the Federal Environmental Protection Agency, and in the case of laboratories, also approved by the New York State Department of Health, and further provided that:

(1) such inspection activities are conducted in facilities which are owned by a school district or board of cooperative educational services; or

(2) when conducted in facilities leased by a school district or board of cooperative educational services, such inspection activities are conducted in those portions of such facilities which are used for BOCES or school district purposes as instructional space; or

(3) when conducted in facilities owned or leased by a nonpublic school, such inspection activities are conducted in those portions of such facilities which are used as instructional space.

(d) Each school district, BOCES and nonpublic school which seeks an apportionment pursuant to section 15 or 16 of chapter 262 of the Laws of 1988 shall submit a claim in a form prescribed by the commissioner no later than September 1, 1989. The commissioner shall pay aid pursuant to this section after timely receipt of properly executed claim forms, provided that no aid shall be payable prior to October 1, 1989.

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