N.Y. DEA Law § 35 — New York Code / Act DEA / Article 3-A / Section 35
State civil defense aid for fallout protection at schools, colleges and universities
Status: in_force

§ 35. State civil defense aid for fallout protection at schools,\ncolleges and universities. 1. Subject to the limitations and conditions\nprescribed in this section, the trustees or board of education of every\nschool district, the board of higher education in the city of New York\nand the governing body, by whatever name known, of all other elementary\nschools, secondary schools, colleges and universities in the state shall\nbe eligible to receive state civil defense aid, within the amounts\nappropriated to the commission for this purpose, in consideration for\nthe provision by such schools, colleges and universities of shelter\nprotection against radioactive fallout for inhabitants of the state.\n  2. The amount of state civil defense aid payable pursuant to this\nsection with respect to a fallout shelter acquired, constructed or\ninstalled at any school, college or university after the effective date\nof this section shall be twenty-five dollars multiplied by the maximum\nreimbursable shelter occupancy, but in no event shall such amount exceed\nfifty per cent of the cost of such shelter.\n  3. For purposes of this section, the "maximum reimbursable shelter\noccupancy" shall mean\n  a. In the case of a fallout shelter acquired, constructed or installed\nat existing schools, colleges and universities:\n  i. the largest number of students enrolled plus faculty,\nadministrative staff and other personnel employed at the school, college\nor university who are reasonably estimated to have been present at any\none time during any day within one year prior to the date of application\nfor the payment of state civil defense aid under this section minus the\nplanned shelter occupancy of all other fallout shelters at the school,\ncollege or university, for which occupancy state civil defense aid has\nbeen approved by the state director pursuant to this section, or\n  ii. the planned shelter occupancy of the fallout shelter with respect\nto which the application for state civil defense aid under this section\nis made,\n  whichever is less.\n  b. In the case of a fallout shelter acquired, constructed or installed\nat a new school:\n  i. the largest number of students plus faculty, administrative staff\nand other personnel which the school is designed to accommodate at any\none time minus the planned shelter occupancy of all other fallout\nshelters at the school, for which occupancy state civil defense aid has\nbeen approved by the state director pursuant to this section, or\n  ii. the planned shelter occupancy of the fallout shelter with respect\nto which the application for state civil defense aid under this section\nis made,\n  whichever is less.\n  4. No payment of any state civil defense aid shall be made with\nrespect to any fallout shelter pursuant to this section unless:\n  a. The plans and specifications for the shelter, and any modifications\nthereof, are certified by the commission to be in compliance with the\nprovisions of this act and the plan, regulations or orders of the\ncommission promulgated thereunder; provided, however, that the\ncommission may designate the state commissioner of education or the\ncommissioner of public works of the city of New York as its agent for\nthe purpose of certifying such compliance with respect to shelters\nacquired, constructed or installed by school districts, public colleges\nor public universities which are required under other provisions of law\nto submit plans and specifications for school buildings to the officer\ndesignated.\n  b. The shelter is completed in accordance with the plans and\nspecifications, and any modifications thereof, certified by the\ncommission or its designated agent pursuant to the immediately preceding\nparagraph a.\n  c. The trustees, board or governing body of the school, college or\nuniversity at which the fallout shelter is located shall by written\nagreement grant to the commission, and to such local directors as the\ncommission may designate, exclusive control of the use of such shelter\nat any time for civil defense purposes, the right to schedule civil\ndefense drills involving the use of such shelter at any time after\nconsultation with the appropriate school authorities and to supervise\nsuch drills, and the right to inspect the shelter from time to time for\ncompliance with the storage, preparedness and other standards set forth\nin the plan, regulations or orders of the commission. The grant shall be\nin such form and detail as the commission may by regulation prescribe\nand shall specify that any use of the shelter for purposes unrelated to\ncivil defense shall not interfere with the use or readiness thereof for\ncivil defense purposes and shall conform with the plan, regulations or\norders of the commission relating thereto.\n  5. At any time within five years of the date of the original\napplication for state civil defense aid for a specified fallout shelter\npursuant to this section, an application may be submitted for\nrecomputation of the amount of state civil defense aid payable with\nrespect thereto and in such case the date of application for the\nrecomputation shall be used in determining the maximum reimbursable\nshelter occupancy of such shelter.  If the amount of state civil defense\naid payable upon recomputation exceeds the amount paid upon the original\napplication, the difference shall be payable as state civil defense aid\npursuant to this section.\n  6. Applications for payments of state civil defense aid pursuant to\nthis section shall be certified by the local director and submitted to\nthe state director on such dates, with such information and in such form\nas he may prescribe; provided, however, that nothing contained in this\nsection shall be deemed to prevent two or more schools, colleges and\nuniversities from submitting a joint application for state civil defense\naid with respect to any fallout shelter jointly acquired, constructed or\ninstalled. State civil defense aid pursuant to this section shall be\npaid upon applications approved by the state director after audit by and\non warrant of the state comptroller.\n  7. Where a school district has issued obligations pursuant to\nparagraph a of subdivision two of section twenty-nine of this act, state\ncivil defense aid received pursuant to this section shall be applied to\nthe payment of the interest on and principal of any such obligations as\nmay be outstanding.\n  8. In addition to any moneys appropriated or made available therefor\nand in the event of the necessity therefor in order to defend the people\nof the state, the state comptroller shall have power to issue notes to\npay the costs incurred by the state in the acquisition, construction,\ninstallation, storage and maintenance of facilities and materials\nessential for shelter use and the safety and health of the people in the\nevent of attack and for the payment of state civil defense aid pursuant\nto this section. Each such note shall mature within a period of not to\nexceed two years from the date of original issue thereof, but may\ncontain provision for payment thereof within such two year period.\nUnless the legislature shall provide for the issuance of bonds to redeem\nsuch notes, such notes shall be paid not later than their respective\nmaturity dates. The comptroller shall report to the legislature at the\nopening of its next regular or extraordinary session all action taken by\nhim pursuant to this subdivision.\n