1. (a) Only school districts as defined in RSA 198:15-a, I-a and charter schools shall be eligible to apply for and receive building aid.
2. (b) A charter school shall not be eligible for building aid until the state board has approved the school’s asset disposition pursuant to RSA 194-B:3, II(z).
3. (c) Pursuant to RSA 198:15-a, II-a, any charter school building to be improved or constructed shall be owned by the charter school to be eligible for building aid and shall be subject to a plan for the disposition of the charter school’s assets as approved by the state board.

4. (d) To be eligible for building aid, project applications shall be limited to the following:

   1. (1) The construction of a new school building;
   2. (2) Additions to existing buildings;
   3. (3) Land and site development associated with (1) or (2) above;
   4. (4) Substantial renovation that meets Ed 321.05; and
   5. (5) Air quality and energy efficiency projects as described in Ed 321.06.
5. (e) If the project requires land acquisition, to be eligible to apply for building aid, the applicant shall acquire land before the time of application or have a legal agreement in place subject to receiving building aid.
6. (f) To be eligible for building aid, applicants shall propose the least costly building project, as shown by a feasibility study completed in accordance with Ed 321.13.
7. (g) To be eligible for building aid, applicants shall have a 5 year or more annual budget history supporting good maintenance and have a preventative maintenance plan in place to support ongoing good maintenance in accordance with Ed 321.15(j).
8. (h) To be eligible to receive building aid, projects shall receive voter approval from the legislative body of the public school district or the charter school’s board of trustees approving the construction project, even if no local funds are required for the project.

9. (i) To be eligible to receive building aid, projects shall require a formal commissioning process for the heating, ventilating, and air conditioning (HVAC) systems start-up and initial operation, including the following:

   1. (1) At a minimum, the construction documents require the development of a written commissioning plan specific to the project;
   2. (2) The commissioning plan identifies a process to ensure that prior to project completion, all HVAC systems perform in accordance with the design intent; and
   3. (3) The commissioning plan includes, but is not limited to, verification and functional performance testing on all HVAC equipment and controls, in all operating modes.

Source. #8265, eff 1-22-05; ss by #10363, eff 6-15-13; ss by #13054, eff 6-12-20; ss by #14023, eff 7-12-24; ss by #14215, eff 3-14-25