A. The aggregate face amount of all qualified school construction bonds issued in a calendar year shall not exceed the available allocation, including any carry-forward allocation, for that year.

B. Except for the portion of the allocation required by Section 1521 of the federal American Recovery and Reinvestment Act of 2009 to be made to particular school districts, the council is designated the state education agency responsible for ensuring compliance with the limitation of Subsection A of this section.

C. If the state or a school district that has been authorized to issue bonds, or is in the process of obtaining authorization to issue bonds, desires to designate all or any portion of the bonds as qualified school construction bonds, it shall submit an application to the council for an allocation distribution. For bonds to be issued in calendar year 2010, the application shall be submitted no later than the last day of the third month following the month in which this 2010 act is first effective; and, for bonds to be issued in any subsequent year in which an allocation exists, the application shall be submitted no later than March 1 of that year. The application shall include evidence that the requirements of Paragraphs (1) and (2) of Subsection A of Section 22-18C-3 NMSA 1978 have been satisfied; provided, however, that any school district to which a direct allocation is made pursuant to Section 1521 of the federal American Recovery and Reinvestment Act of 2009 shall be exempt from the application requirement to the extent that the amount of qualified school construction bonds to be issued by that district does not exceed the direct allocation.

D. If, for a calendar year, the allocation for that year exceeds the amount of qualified school construction bonds designated and issued in that year, the excess shall revert to the council and shall be carried forward and included in the allocation for the subsequent year as follows:

(1) any excess attributable to the portion of the allocation required by Section 1521 of the federal American Recovery and Reinvestment Act of 2009 to be made to a particular school district shall be allocated to that school district in the subsequent year; and

(2) any excess not allocated pursuant to Paragraph (1) of this subsection shall revert to the council and be distributed pursuant to Subsection C of this section in the subsequent year.

E. In the event that the face amount of all proposed qualified school construction bonds for a calendar year exceeds the allocation remaining after deducting the direct allocations made to particular school districts pursuant to Section 1521 of the federal American Recovery and Reinvestment Act of 2009, the council shall, after considering the factors listed in Subsection F of this section, decide how the remaining allocation shall be distributed to applicants that have timely filed valid applications for that year; provided, however, that the distribution shall not reduce the direct allocation to any particular school district pursuant to Section 1521 of the federal American Recovery and Reinvestment Act of 2009.

F. In deciding how the remaining allocation shall be distributed to applicants pursuant to Subsection E of this section, the council shall consider:

(1) the dates anticipated for the initial expenditure of bond proceeds and for completion of the project;

(2) the percent of the bond proceeds that are likely to be expended within three years of the date of the issuance of the bonds;

(3) whether the bond proceeds, together with all other money available for the project, are sufficient to complete the project; and

(4) the priority ranking of the project, as determined by applying the deviation from the statewide adequacy standards pursuant to Section 22-24-5 NMSA 1978.

History: Laws 2009, ch. 154, § 4; 2010, ch. 56, § 4.

The 2010 amendment, effective March 8, 2010, in Subsection A, after "shall not exceed the", added "available", and after "available allocation", added "including any carry-forward allocation"; in Subsection C, in the first sentence, after "school district", added "that has been authorized to issue bonds, or is in the process of obtaining authorization to issue bonds"; after "desires to designate", added "all or any portion of the"; after "construction bonds, it shall", deleted "by July 1 of the calendar year in which the bonds are to be issued"; after "submit an application", deleted "for reservation of an allocation"; and after "to the council", added "for an allocation distribution"; added the second sentence; and in the third sentence; after "Paragraphs (1) and (2)", deleted "and (3)" and after "Subsection A of Section", deleted "3 of the Qualified School Construction Bonds Act" and added "22-18C-3 NMSA 1978"; in Subsection D, after "year, the excess", added "shall revert to the council and" and after "subsequent year", added "as follows"; added Paragraphs "(1) and (2) of Subsection D; in Subsection E, after "the council shall", deleted "ratably apportion" and added "after considering the factors listed in Subsection F of this section, decide how"; after "the remaining allocation", deleted "among the state and school districts" and added "shall be distributed to applicants"; and after "however, that the", deleted "apportionment" and added "distribution"; and added Subsection F.