N.Y. Defense Emergency Act 1951 784/51 § 35: State civil defense aid for fallout protection at schools, colleges and universities

§ 35. State civil defense aid for fallout protection at schools,

colleges and universities. 1. Subject to the limitations and conditions

prescribed in this section, the trustees or board of education of every

school district, the board of higher education in the city of New York

and the governing body, by whatever name known, of all other elementary

schools, secondary schools, colleges and universities in the state shall

be eligible to receive state civil defense aid, within the amounts

appropriated to the commission for this purpose, in consideration for

the provision by such schools, colleges and universities of shelter

protection against radioactive fallout for inhabitants of the state.

2. The amount of state civil defense aid payable pursuant to this

section with respect to a fallout shelter acquired, constructed or

installed at any school, college or university after the effective date

of this section shall be twenty-five dollars multiplied by the maximum

reimbursable shelter occupancy, but in no event shall such amount exceed

fifty per cent of the cost of such shelter.

3. For purposes of this section, the "maximum reimbursable shelter

occupancy" shall mean

a. In the case of a fallout shelter acquired, constructed or installed

at existing schools, colleges and universities:

i. the largest number of students enrolled plus faculty,

administrative staff and other personnel employed at the school, college

or university who are reasonably estimated to have been present at any

one time during any day within one year prior to the date of application

for the payment of state civil defense aid under this section minus the

planned shelter occupancy of all other fallout shelters at the school,

college or university, for which occupancy state civil defense aid has

been approved by the state director pursuant to this section, or

ii. the planned shelter occupancy of the fallout shelter with respect

to which the application for state civil defense aid under this section

is made,

whichever is less.

b. In the case of a fallout shelter acquired, constructed or installed

at a new school:

i. the largest number of students plus faculty, administrative staff

and other personnel which the school is designed to accommodate at any

one time minus the planned shelter occupancy of all other fallout

shelters at the school, for which occupancy state civil defense aid has

been approved by the state director pursuant to this section, or

ii. the planned shelter occupancy of the fallout shelter with respect

to which the application for state civil defense aid under this section

is made,

whichever is less.

4. No payment of any state civil defense aid shall be made with

respect to any fallout shelter pursuant to this section unless:

a. The plans and specifications for the shelter, and any modifications

thereof, are certified by the commission to be in compliance with the

provisions of this act and the plan, regulations or orders of the

commission promulgated thereunder; provided, however, that the

commission may designate the state commissioner of education or the

commissioner of public works of the city of New York as its agent for

the purpose of certifying such compliance with respect to shelters

acquired, constructed or installed by school districts, public colleges

or public universities which are required under other provisions of law

to submit plans and specifications for school buildings to the officer

designated.

b. The shelter is completed in accordance with the plans and

specifications, and any modifications thereof, certified by the

commission or its designated agent pursuant to the immediately preceding

paragraph a.

c. The trustees, board or governing body of the school, college or

university at which the fallout shelter is located shall by written

agreement grant to the commission, and to such local directors as the

commission may designate, exclusive control of the use of such shelter

at any time for civil defense purposes, the right to schedule civil

defense drills involving the use of such shelter at any time after

consultation with the appropriate school authorities and to supervise

such drills, and the right to inspect the shelter from time to time for

compliance with the storage, preparedness and other standards set forth

in the plan, regulations or orders of the commission. The grant shall be

in such form and detail as the commission may by regulation prescribe

and shall specify that any use of the shelter for purposes unrelated to

civil defense shall not interfere with the use or readiness thereof for

civil defense purposes and shall conform with the plan, regulations or

orders of the commission relating thereto.

5. At any time within five years of the date of the original

application for state civil defense aid for a specified fallout shelter

pursuant to this section, an application may be submitted for

recomputation of the amount of state civil defense aid payable with

respect thereto and in such case the date of application for the

recomputation shall be used in determining the maximum reimbursable

shelter occupancy of such shelter. If the amount of state civil defense

aid payable upon recomputation exceeds the amount paid upon the original

application, the difference shall be payable as state civil defense aid

pursuant to this section.

6. Applications for payments of state civil defense aid pursuant to

this section shall be certified by the local director and submitted to

the state director on such dates, with such information and in such form

as he may prescribe; provided, however, that nothing contained in this

section shall be deemed to prevent two or more schools, colleges and

universities from submitting a joint application for state civil defense

aid with respect to any fallout shelter jointly acquired, constructed or

installed. State civil defense aid pursuant to this section shall be

paid upon applications approved by the state director after audit by and

on warrant of the state comptroller.

7. Where a school district has issued obligations pursuant to

paragraph a of subdivision two of section twenty-nine of this act, state

civil defense aid received pursuant to this section shall be applied to

the payment of the interest on and principal of any such obligations as

may be outstanding.

8. In addition to any moneys appropriated or made available therefor

and in the event of the necessity therefor in order to defend the people

of the state, the state comptroller shall have power to issue notes to

pay the costs incurred by the state in the acquisition, construction,

installation, storage and maintenance of facilities and materials

essential for shelter use and the safety and health of the people in the

event of attack and for the payment of state civil defense aid pursuant

to this section. Each such note shall mature within a period of not to

exceed two years from the date of original issue thereof, but may

contain provision for payment thereof within such two year period.

Unless the legislature shall provide for the issuance of bonds to redeem

such notes, such notes shall be paid not later than their respective

maturity dates. The comptroller shall report to the legislature at the

opening of its next regular or extraordinary session all action taken by

him pursuant to this subdivision.