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, heating, ventilation and air conditioning systems and school security 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 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;

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.

History: 1953 Comp., § 77-24-11, enacted by Laws 1975, ch. 235, § 3; 1978, ch. 152, § 3; 2006, ch. 94, § 58; 2012, ch. 53, § 1; 2014, ch. 28, § 1; 2015, ch. 93, § 1; 2018, ch. 66, § 1; 2018, ch. 71, § 2.

2018 Multiple Amendments. — Laws 2018, ch. 66, § 1, and Laws 2018, ch. 71, § 2, both effective May 16, 2018, enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2018, ch. 71, § 2, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2018, ch. 66, § 1, and Laws 2018, ch. 71, § 2 are described below. To view the session laws in their entirety, see the 2018 session laws on NMOneSource.com.

The nature of the difference between the amendments is that Laws 2018, ch. 66, § 1, defined "authority", "maximum allowable gross square foot per student", "replacement cost per square foot", "school district population density", and "school district population density factor" as used in the Public School Capital Outlay Act, and Laws 2018, ch. 71, § 2, added "school security system" to the definition of "building system".

Laws 2018, ch. 71, § 2, effective May 16, 2018, added "school security system" to the definition of "building system"; in Subsection A (now Subsection B), after "air conditioning systems", added "and school security systems", and made minor stylistic changes.

Laws 2018, ch. 66, § 1, effective May 16, 2018, defined "authority", "maximum allowable gross square foot per student", "replacement cost per square foot", "school district population density", and "school district population density factor" as used in the Public School Capital Outlay Act; added a new Subsection A and redesignated former Subsections A through F as Subsections B through G, respectively; and added Subsections H through L, and made minor stylistic changes.

The 2015 amendment, effective July 1, 2015, defined "building system" in the Public School Capital Outlay Act; and added Subsection A and redesignated the succeeding subsections accordingly.

The 2014 amendment, effective March 6, 2014, added a definition of "education technology infrastructure" to provide for allocations from the public school capital outlay fund for education technology infrastructure; and added Subsection D.

The 2012 amendment, effective May 16, 2012, made the school for the blind and visually impaired and the school for the deaf, including all facilities that are necessary for their educational missions, eligible for public school capital outlay funding; added Subsections A and B; and in Subsection E, after "charter schools", added "and the constitutional special schools".

The 2006 amendment, effective May 17, 2006, added Subsection C to define school district.