1. (a) The following shall be ineligible for school building aid:

   1. (1) Swimming pools or natatoriums;
   2. (2) Field houses;
   3. (3) Indoor tennis courts;
   4. (4) Indoor tracks, except suspended tracks that do not increase the overall size of the building;
   5. (5) Ice rinks;
   6. (6) Resurfacing of tracks, courts, and playing fields;
   7. (7) Re-sodding or reseeding of athletic fields and other green areas;
   8. (8) Artificial turf on athletic fields;
   9. (9) Replacement gym floors;
   10. (10) Scoreboards;
   11. (11) Motor vehicles, lawn mowers, tractors, or similar machines;
   12. (12) Cleaning equipment, including floor cleaning machines and wet and dry vacuums;
   13. (13) Repair parts for mechanical, electrical, or plumbing systems, unless the parts return the equipment to new condition;
   14. (14) Microwaves and refrigerators, except in the cafeteria, teacher break room, and nurse’s office;
   15. (15) Dishwashers not related to food services or educational programming;
   16. (16) Washers and dryers not related to maintenance or educational programming;
   17. (17) School administrative unit (SAU) facilities;
   18. (18) Career and technical center spaces that are eligible for funding for aid under RSA 188-E;
   19. (19) Textbooks and library books;
   20. (20) Computers and software that are not integral to the building systems;
   21. (21) Portable, temporary, or modular classrooms;
   22. (22) Leases, except for lease-purchases of mechanical, structural, or electrical equipment which is designed to improve energy efficiency or indoor air quality in buildings;
   23. (23) Items not affixed to the building, including but not limited to sports and weight room equipment, television, vending machines, and air conditioner wall units;
   24. (24) Security equipment that is not normally fastened to the structure such as radios, badges, and key fobs;
   25. (25) Band and athletic uniforms or musical instruments;
   26. (26) Cell phones;
   27. (27) Storage units and storage containers;
   28. (28) Tools;
   29. (29) Travel and associated costs;
   30. (30) Moving expenses;
   31. (31) Office supplies, general expendable supplies, and photocopying;
   32. (32) Food and party supplies for grand openings;
   33. (33) Building dedication plaques or time stones;
   34. (34) Work that is not located on the school property;
   35. (35) Costs that exceed the maximum allowed by Ed 321.19 through Ed 321.24;
   36. (36) Spaces that exceed the maximum building size allowed by Ed 321.09;
   37. (37) Funding sources from other state programs or federal grants and energy rebates; and
   38. (38) Pursuant to RSA 198:15-c, I(a), projects with approval from the school district’s legislative body to construct, not subject to receiving building aid.
2. (b) Construction work started prior to receiving the GAN letter pursuant to Ed 321.18(d) shall not be eligible for building aid.
3. (c) Costs related to financing, such as bonding charges and interest, shall not be eligible for inclusion in the calculation of school building aid.
4. (d) Fees paid to local municipalities, including but not limited to building permit fees, site permit fees, and planning board or zoning fees, shall not be eligible for inclusion in the calculation of school building aid.
5. (e) School building aid shall not be provided for work that is covered by insurance or should reasonably be expected to be covered by insurance.

6. (f) School building aid shall not be used to pay for any of the following:

   1. (1) Repairs for damages incurred to equipment or structures that are covered by a valid warranty or guarantee that has been invalidated by the actions of a school district or charter school or its staff;

   2. (2) Repairs to buildings, systems, or components that result from failure to perform proper maintenance, which shall be determined by:

      1. a. The department comparing the age of the damaged materials or equipment to the expected useful life of the materials or equipment based on commonly accepted industry standards; and
      2. b. The school district or charter school providing maintenance records and other documentation concerning their maintenance program, if necessary for the department to clearly understand the cause of equipment or system damage;
   3. (3) Work that results from failure to follow building codes or previous guidance from the department; or
   4. (4) Repairs for which the school district or charter school makes a legal claim for damages until the legal proceeding has been resolved.
7. (g) In such cases as described in (f)(4) above, any portion of the claim that is not satisfied by the legal proceeding shall be eligible for school building aid subject to the limitations in Ed 321.19.

Source. #14023, eff 7-12-24; ss by #14215, eff 3-14-25