3641 - Special apportionments and grants-in-aid to school districts.

§  3641. Special apportionments and grants-in-aid to school districts.  1.   General provisions. a. The  commissioner  shall  be  authorized  to  provide  funds  for  the  programs  included in this section only to the  extent that an  appropriation  is  available  for  the  purpose  of  the  specific program.    b. The payment schedule set forth in section thirty-six hundred nine-a  of   this   article   shall  not  apply  to  special  apportionments  or  grants-in-aid included in this section. Except where a specific  payment  schedule is set forth in this section, the commissioner is authorized to  pay  up  to  seventy  percent  of  the  sum appropriated for any program  included in this section prior to April first of  the  school  year  for  which  such moneys are available, with the remainder payable on or after  such date.    2. Full-day  kindergarten  transition  and  pre-kindergarten  planning  grants.   Within   the   amount   appropriated  for  such  purpose,  the  commissioner is  hereby  authorized  to  award  grants  to:  (i)  school  districts  that  operated  half-day  kindergarten  programs  in  the two  thousand six--two thousand  seven  school  year  and  will  continue  to  operate  such  half-day programs in the two thousand seven--two thousand  eight school year to plan for conversion to full-day kindergartens  only  in  the school year next following the school year in which the planning  grant is received, but no later than the two thousand ten--two  thousand  eleven  school  year,  and (ii) school districts for planning grants for  the implementation or expansion of universal  prekindergarten  programs.  The  commissioner  shall  prescribe  the procedures and criteria for the  award of such grants, which shall be available to  school  districts  to  defray  their  additional costs for planning time, the cost of classroom  materials, equipment,  furniture  and  supplies  not  eligible  for  aid  pursuant  to  subdivisions  six, six-a, six-b, six-c or six-f of section  thirty-six hundred two of this article, where such additional costs  are  incurred in planning for the facilities and staffing that will be needed  for such conversion, implementation or expansion. No school district may  receive  more  than  one planning grant pursuant to this subdivision for  conversion  to  full-day  kindergarten.  The   commissioner   shall   be  authorized  to  adopt  regulations  to  implement the provisions of this  subdivision.    3.  Supplemental  valuation  impact  grants.    a.  In   addition   to  apportionments  otherwise  provided by section thirty-six hundred two of  this article, for aid payable in the two  thousand  eight--two  thousand  nine  and  two thousand nine--two thousand ten school years, the amounts  specified in paragraphs c and d of this subdivision shall  be  paid  for  the  purpose  of providing additional funding for school districts which  have  experienced  a  significant  financial  hardship  caused   by   an  extraordinary  change in the taxable property valuation or extraordinary  judgments resulting from tax certiorari proceedings.    b. The purpose of this subdivision is to provide financial  assistance  to  school  districts  which have experienced a significant reduction in  the taxable full value of  the  school  district  or  extraordinary  tax  certiorari  judgments.  The  legislature finds that school districts for  which a judgment was made resulting from  a  tax  certiorari  proceeding  which  is larger than the total budget of the school district for school  year two thousand seven--two thousand  eight  or  for  school  districts  which  have  observed  a reduction of taxable real property of more than  seventy-five percent between school year two thousand five--two thousand  six and school year two thousand eight--two thousand  nine  may  benefit  from temporary additional assistance.    c.  To  the  Barker  central  school district, there shall be paid one  million three hundred thousand dollars ($1,300,000). Such grant shall bepayable to the Barker central school district  in  accordance  with  the  payment schedules contained in section thirty-six hundred nine-a of this  article, notwithstanding any provision of law to the contrary.    d.  To the Haverstraw-Stony Point central school district, there shall  be paid two million five hundred  thousand  dollars  ($2,500,000).  Such  grant  shall  be  payable  to  the Haverstraw-Stony Point central school  district in accordance with the payment schedules contained  in  section  thirty-six hundred nine-a of this article, notwithstanding any provision  of law to the contrary.    4. Building condition survey services. a. Purpose. The purpose of this  subdivision is to assess the need of routine maintenance, repairs, minor  alterations,  and  operational  improvements  in  order to safeguard and  promote the health, safety and welfare of both  pupils  and  staff.  The  legislature further finds that the existing aid formula does not provide  for  local  assistance  for  such  building  condition surveys and that,  therefore, additional funding is necessary to assist local public school  districts with such necessary building condition survey activities.    b. Building condition surveys. To be  eligible  for  aid  pursuant  to  subdivision  six-e  of  section  thirty-six hundred two of this article,  building condition surveys shall be conducted by a licensed architect or  licensed professional engineer performing under a state contract entered  into pursuant to paragraph c  of  this  subdivision,  shall  assess  the  condition  of all major building systems of a school building, and shall  be  in  the  form  and  contain  the  information  prescribed   by   the  commissioner.  For  purposes of this paragraph, "major building systems"  shall mean  the  electrical,  plumbing,  heating,  ventilation  and  air  conditioning  systems,  and the roof and other major structural elements  of a school building.    c. Powers and duties of the commissioner. (1) The  commissioner  shall  develop a building condition survey matrix which would be used to assist  public  school  districts  to  develop  long range facilities plans in a  consistent format.    (2) The commissioner is hereby authorized to enter into the  necessary  contractual  agreements  with  architects and/or engineers to state-wide  contracts to provide building construction surveys on a  regional  basis  for  a  fixed fee per square foot. Such building condition surveys shall  be used to  assist  school  districts  with  the  development  of  their  five-year capital facilities plan.    d.  School  districts  shall  submit  to  the commissioner a triennial  report on the status of asbestos containing building  materials  in  the  schools.     Such  report  shall  be  in  the  form  prescribed  by  the  commissioner and shall reflect the results of the  triennial  inspection  required  pursuant to the federal Asbestos Hazard Emergency Response Act  of nineteen hundred eighty-six (PL  99-519)  as  amended.  Such  reports  shall  be  submitted  by  January first next succeeding the close of the  school year during which the inspection was conducted.    8. Supplemental educational improvement  grants.  a.  In  addition  to  apportionments  otherwise  provided by section thirty-six hundred two of  this article, for aid payable in the two  thousand  seven--two  thousand  eight  school  year and thereafter, the amounts specified in paragraph b  of  this  subdivision  shall  be  paid  for  the  purpose  of  providing  additional  funding  for  the  costs  of  educational  improvement plans  required  as  a  result  of  a  court-ordered  settlement  in  a  school  desegregation  case  to which the state was a party. Grant funds awarded  pursuant to this subdivision shall be used exclusively for services  and  expenses  incurred  by the school district to implement such educational  improvement plans.b. To the Yonkers city school district there shall be  paid  seventeen  million  five hundred thousand dollars ($17,500,000) on an annual basis.  Such grant shall be payable from funds appropriated for such purpose and  shall be apportioned to the Yonkers city school district  in  accordance  with  the  payment  schedules  contained  in  section thirty-six hundred  nine-a of this article, notwithstanding any  provision  of  law  to  the  contrary.    9. Targeted instructional staff development grants. a. In the nineteen  hundred ninety-eight--ninety-nine school year and thereafter, within the  amount  appropriated  for  such  purpose, the commissioner shall provide  grants pursuant to this subdivision to: (1) school  districts,  and  (2)  school  districts  working  in collaboration with institutions of higher  education and/or teacher resource and computer resource centers, and (3)  providers of  pre-kindergarten  services  which  are  receiving  funding  pursuant  to  section  three thousand six hundred two-e of this article,  for services  and  expenses  related  to  targeted  instructional  staff  development grants.    b. School districts and providers of pre-kindergarten services seeking  a grant pursuant to this subdivision shall submit a plan for approval of  the commissioner that details how the school district will use the grant  funds to provide effective and grade-level appropriate staff development  programs  that  are  targeted  on one or more of the instructional areas  specified in paragraph c of this subdivision. Such plan shall  be  in  a  form  prescribed  by  the  commissioner  and  shall  include, but not be  limited to, a proposed budget, and a description of:    (1) the program, including, but not limited to, its purpose and target  population;    (2) how the new program shall be integrated with, and will supplement,  the district's existing in-service staff development program;    (3) when the staff development program shall be  offered  to  teachers  and the arrangements made by the school district to assure that teachers  are  able  to  attend,  including,  but not limited to, arrangements for  substitute teachers;    (4) the local funds, if any, that will be made  available  to  support  the new staff development program; and    (5)  a  plan for evaluation of the effectiveness of the program, which  shall include, but need not be limited to, a survey of all participating  teachers.    c. Staff development programs  funded  pursuant  to  this  subdivision  shall  be targeted for specialized in-service training in one or more of  the following areas:    (i) understanding  and  implementing  the  new  higher  standards  and  assessments as promulgated by the board of regents and the commissioner;    (ii) effective use of technology in instruction;    (iii)    instruction    of   children   who   are   participating   in  pre-kindergarten programs approved pursuant to  section  three  thousand  six hundred two-e of this article;    (iv)  instruction  of  children  with  disabilities  within  a regular  education setting;    (v) instruction of nondisabled children who demonstrate the  need  for  increased academic attention; and    (vi)  other  areas  of  need  demonstrated by the district that relate  directly to student instruction and are approved by the commissioner.    d. Grants shall be awarded on a competitive basis in  accordance  with  criteria  established  by  the commissioner. Grant funds may be used for  the approved expenses of the staff development program as defined by the  commissioner, provided that such approved expenses  shall  include,  but  need  not  be  limited  to,  reasonable  travel  costs  for instructors,reasonable costs for the use of technology to provide staff  development  programs at a distance, and the actual cost to the district of employing  substitute  teachers for teachers participating in the program exclusive  of any state aid payable for such costs.    e.  The  commissioner  shall  be  authorized  to  adopt regulations to  implement the provisions of this subdivision.    f. In the event the appropriation for purposes of  this  paragraph  in  any  year  is  insufficient  to pay all claims received pursuant to this  paragraph, the commissioner shall pay such claims on  a  prorated  basis  among  all  districts  filing  such  claims  until  the appropriation is  exhausted.    For    aid    payable    in    the    nineteen     hundred  ninety-eight--ninety-nine  school year, the aid payable pursuant to this  paragraph shall not exceed one million  five  hundred  thousand  dollars  ($1,500,000);  for the nineteen hundred ninety-nine--two thousand school  year the aid payable pursuant to this paragraph shall  not  exceed  five  million dollars ($5,000,000); and for the two thousand--two thousand one  school  year  and  thereafter the aid payable pursuant to this paragraph  shall not exceed ten million dollars ($10,000,000).    10. Aid for  rebuilding  schools  to  uphold  education  (RESCUE).  In  addition to the apportionments made pursuant to subdivisions six, six-a,  and  six-b and paragraph c of subdivision fourteen of section thirty-six  hundred two of this article, school districts shall be eligible  for  an  apportionment   or  apportionments  pursuant  to  this  subdivision  for  eligible school construction projects. The payment of such apportionment  or apportionments shall be made in the manner provided for in  paragraph  d  of  this  subdivision. An apportionment for any such eligible project  shall initially be available in the state fiscal year  commencing  April  first,  nineteen  hundred  ninety-nine,  provided  that applications for  approval of such eligible projects by the commissioner may be  processed  hereunder prior to such date.    a. Definitions. For purposes of this subdivision:    (1)  "Eligible  school  construction  project", or "eligible project,"  means a project for the  design,  planning,  construction,  acquisition,  reconstruction,   rehabilitation  or  improvement  of  a  public  school  building  used  primarily  for  instruction  that  is  an  accessibility  project, an educational technology project, a health and safety project,  and/or  a physical capacity expansion project, that has been approved by  the voters of the school district or approved by the trustees  or  board  of  education  for school districts where voter approval is not required  on or after July first, nineteen hundred  ninety-eight  or  before  July  first,  two  thousand  three;  that  such  project  is  contained in the  district's five year facilities plan; and such project is a critical and  priority project as identified by such district's safety  rating  system  required by sections four hundred nine-d and four hundred nine-e of this  chapter, or, a construction emergency project.    (2)  "Eligible  minor maintenance and repair project" means a project,  not otherwise eligible for an apportionment pursuant to subdivision  six  of  section  thirty-six  hundred two of this article, that is related to  maintaining and repairing public school  buildings  used  primarily  for  instruction,  including  expenditures  for  minor repair and improvement  activities performed to remedy existing minor  maintenance  deficiencies  and expenditures for periodic, scheduled maintenance activities intended  to mitigate the need for excessive capital renovation and rehabilitation  in  the  future  as  documented  by a plan developed by the district and  submitted to the commissioner and which has been approved for funding on  or after July first,  nineteen  hundred  ninety-eight,  or  before  July  first, two thousand two by the commissioner.(3)  "Approved  project" means an eligible school construction project  that  has  been  reviewed  by  the  department  and  approved   by   the  commissioner  pursuant  to  this  subdivision  on  or  after July first,  nineteen hundred ninety-eight and before July first, two thousand  three  (except as otherwise provided in subparagraph one of paragraph c of this  subdivision)   for   funding   disbursement   by   an  apportionment  or  apportionments made hereunder.    (4) For the purposes of the  expenditure  of  the  maximum  additional  apportionment  defined  in  subparagraph  11, "Approved building aidable  project" means an approved project for which approved  expenditures  are  eligible for an apportionment pursuant to subdivisions six, six-a, six-b  and/or paragraph c of subdivision fourteen of section thirty-six hundred  two  of  this  article  and one or more of the following conditions have  been met:    (i) Projects for which letters of intent are on file  with  the  state  education department by August 1, 1999;    (ii) Projects approved by the voters by January 15, 2000;    (iii)  In the case of a school district in a city with a population of  one million or more, projects specifically referenced in  the  five-year  educational  facilities  capital  plan pursuant to section 2590-p of the  education law on file with the commissioner as of August 1, 1999; and    (iv) Projects for which letters of intent are  filed  with  the  state  education  department by July 1, 2000 that are determined to be priority  projects necessary to: address the safety  or  health  of  students  and  staff  including,  but  not  limited  to  climate  control; or to assure  accessibility of individuals with disabilities.    (4-a) For the purposes of the expenditure of  the  maximum  additional  apportionment  defined  in subparagraph 11-a, "Approved building aidable  project" means an approved eligible school construction project.    (5) "Accessibility project"  means  an  eligible  school  construction  project  which,  as  a primary purpose, enhances accessibility to public  school buildings used primarily for  instruction  for  individuals  with  disabilities.    (6)   "Construction   emergency  project"  means  an  eligible  school  construction project to remediate emergency situations  which  arise  in  public  school  buildings  used primarily for instruction as a result of  significant damage caused by  an  unanticipated  and  sudden  occurrence  which results in the necessity for immediate repair.    (7)   "Educational   technology  project"  means  an  eligible  school  construction project which, as a primary purpose, enhances  the  use  of  technology  in  public  school buildings used primarily for instruction,  including but not  limited  to,  electrical  upgrades,  wiring,  cabling  installations,   fiber  optics,  conduits,  raceways,  telecommunication  systems and wireless options.    (8) "Health and safety project" means an eligible school  construction  project  which,  as  a  primary  purpose,  addresses  the  reduction  or  elimination of the risk of personal  injury  or  harm  to  occupants  of  public  school  buildings  used primarily for instruction, including but  not limited to environmental remediation, the eradication  of  fire  and  health  code  violations, the provision of adequate ventilation, and the  rehabilitation and repair of existing facilities.    (9) "Physical capacity expansion project"  means  an  eligible  school  construction   project   which,   as  a  primary  purpose,  expands  the  availability of adequate and appropriate instructional space in a public  school building  used  primarily  for  instruction,  including  but  not  limited to expansions which provide for reduced class size.    (10) "District sharing ratio" means the quotient obtained when the sum  of  the  resident public school district enrollment of a school districtas defined in subparagraph four of paragraph n  of  subdivision  one  of  section  thirty-six  hundred  two  of  this  article  and  its  resident  nonpublic  school  enrollment  for  such  school  year  as  defined   in  subparagraph  five  of  such  paragraph,  is  divided by the sum of such  enrollments for all school districts for  such  school  year,  with  the  result  expressed  as  a  decimal  carried  to  the  sixth place without  rounding. For any maximum additional apportionment  calculated  pursuant  to  subparagraph  eleven  of  this paragraph, the resident public school  district enrollment and its resident nonpublic school enrollment for the  nineteen hundred ninety-eight--ninety-nine school year shall be used  to  calculate  the  district  sharing  ratio.  For  any  maximum  additional  apportionment calculated  pursuant  to  subparagraph  eleven-a  of  this  paragraph,  the  resident  public  school  district  enrollment  and its  resident  nonpublic  school  enrollment   for   the   nineteen   hundred  ninety-nine--two  thousand  school  year  shall be used to calculate the  district sharing ratio.    (11) "Maximum additional apportionment" for  any  appropriation  first  made  in  support of this subdivision in the education, labor and family  assistance budget bill enacted for the nineteen hundred ninety-nine--two  thousand state fiscal year means the result calculated when one  hundred  forty-five  million  dollars is multiplied by the district sharing ratio  for the school district provided, however, that such maximum  additional  apportionment  shall  not  be  less  than  twenty  thousand  dollars and  provided further that in the event that the sum  of  the  apportionments  calculated  pursuant  to  this  section  exceeds  one hundred forty-five  million dollars, all such apportionments in excess  of  twenty  thousand  dollars  shall be adjusted downward on a prorated basis as determined by  the commissioner, provided further that such adjustment shall not reduce  any such apportionment below twenty thousand dollars.  The  commissioner  shall  notify  each  school  district  by  September fifteenth, nineteen  hundred  ninety-nine,  of  the  amount   of   the   maximum   additional  apportionment  available  to  it  as calculated hereinabove. The maximum  additional apportionment for a school district  shall  be  available  to  such  school  district  for  the purpose of allowing the commissioner to  make an apportionment or apportionments of monies appropriated for  such  purpose  to  fund  expenditures  and  disbursements  made  for  approved  projects of such school  district  for  school  years  nineteen  hundred  ninety-eight--nineteen  hundred ninety-nine through and inclusive of two  thousand one--two thousand two, provided that an  apportionment  may  be  made  by  the  commissioner  beyond June thirtieth, two thousand two for  certain approved projects as specifically authorized by subparagraph one  of paragraph c of this subdivision. An apportionment of  monies  for  an  approved  project  which  is  an  eligible  school  construction project  (including a construction emergency  project)  shall  be  subject  to  a  repayment  being  made  to the comptroller by the dormitory authority as  more particularly provided for in paragraph d of this subdivision.    (11-a) "Maximum additional apportionment" for any appropriation  first  made  in  support of this subdivision in the education, labor and family  assistance budget bill enacted for the two  thousand--two  thousand  one  state fiscal year means the result calculated when fifty million dollars  is  multiplied  by  the  district sharing ratio for the school district,  provided, however, that such maximum additional apportionment shall  not  be  less  than  twenty thousand dollars and provided further that in the  event that the sum of the apportionments  calculated  pursuant  to  this  section exceeds fifty million dollars, all such apportionments in excess  of  twenty  thousand  dollars  shall  be adjusted downward on a prorated  basis as determined by the  commissioner,  provided  further  that  such  adjustment shall not reduce any such apportionment below twenty thousanddollars.  The  commissioner  shall  notify  each school district by June  fifteenth, two  thousand,  of  the  amount  of  the  maximum  additional  apportionment  available  to  it  as calculated hereinabove. The maximum  additional  apportionment  for  a  school district shall be available to  such school district for the purpose of  allowing  the  commissioner  to  make  an apportionment or apportionments of monies appropriated for such  purpose  to  fund  expenditures  and  disbursements  made  for  approved  projects  of  such  school  district  for  school years nineteen hundred  ninety-eight--nineteen hundred ninety-nine through and inclusive of  two  thousand  two--two thousand three, provided that an apportionment may be  made by the commissioner beyond June thirtieth, two thousand  three  for  certain approved projects as specifically authorized by subparagraph one  of  paragraph  c  of this subdivision. An apportionment of monies for an  approved project  which  is  an  eligible  school  construction  project  (including  a  construction  emergency  project)  shall  be subject to a  repayment being made to the comptroller by the  dormitory  authority  as  more particularly provided for in paragraph d of this subdivision.    b.  Eligibility.  All  approved  projects  shall  be  eligible  for an  apportionment or apportionments by the  commissioner  pursuant  to  this  subdivision  in  the  nineteen hundred ninety-nine--two thousand through  two thousand two--two thousand three school years, provided however: (1)  notwithstanding any other provision  of  this  subdivision,  any  school  district  eligible  for  a  maximum additional apportionment pursuant to  this subdivision in excess of one hundred thousand dollars  applying  to  the   commissioner   for   approval   of  an  eligible  project  for  an  apportionment or  apportionments  pursuant  to  this  subdivision  shall  demonstrate:  (i)  that  any  eligible  project  for  which  such school  district is seeking funding is contained within its  five  year  capital  facilities  plan  and is a critical priority project as indicated by the  district's safety rating system as required  by  sections  four  hundred  nine-d  and  four  hundred  nine-e  of  this  chapter, or (ii) that such  project  is  considered  a  construction   emergency   as   defined   in  subparagraph  six of paragraph a of this subdivision, or (iii) that such  project is an approved building aidable project; and (2) notwithstanding  any other provision of this subdivision, that for  any  school  district  eligible  for  a  maximum  additional  apportionment  pursuant  to  this  subdivision, in an amount less than or equal  to  one  hundred  thousand  dollars,  the  requirements  of  clauses (i) - (iii) of subparagraph (1)  hereof shall not apply.    c. Maximum additional apportionment. (1) A school district  which  has  an approved project or projects shall be entitled to an apportionment or  apportionments  for such project or projects in an amount whether in the  aggregate  or  otherwise,  not  to   exceed   the   maximum   additional  apportionment   calculated   for  such  school  district.  Such  maximum  additional apportionment shall be available to the school  district  for  expenditure  for  such  approved  projects  in the school years nineteen  hundred ninety-nine--two thousand through two thousand two--two thousand  three, provided that expenditures for such approved project may be  made  from  such  maximum additional apportionment on or after July first, two  thousand three and prior to June thirtieth, two thousand  four  if:  (i)  such  project  is  approved  by the voters of the school district, or is  approved by the trustees or board of education for such school  district  where  voter approval is not required, prior to July first, two thousand  three; (ii) application is made to the commissioner for approval of such  eligible project as an approved project by August  first,  two  thousand  three;  and  (iii) the commissioner approves such eligible project as an  approved project by October  first,  two  thousand  three.  The  maximum  additional  apportionment  may be expended in whole or in part in any ofsuch school years and beyond  June  thirtieth,  two  thousand  three  as  specifically  authorized  by  the  immediately  preceding  sentence. The  amount of such maximum additional apportionment not expended,  disbursed  or  encumbered  for  any such year shall be carried over for expenditure  and disbursement to the next succeeding school year, provided  that  for  the  purposes  of  this  subdivision a carryover shall not be authorized  beyond the school year two thousand two--two thousand  three  except  as  otherwise  authorized  hereinabove  in  this  subparagraph. Such maximum  additional apportionment may be used to  supplement  the  apportionments  available  pursuant to subdivisions six, six-a and six-b and paragraph c  of  subdivision  fourteen  of  section  thirty-six   hundred   two   and  subdivision twelve of this section for expenditures or disbursements for  approved  building  aidable  projects,  provided  that,  for  any school  district with an enhanced building aid ratio computed pursuant to clause  (ii) of subparagraph two of paragraph b of subdivision  six  of  section  thirty-six hundred two of this article that is less than nine-tenths the  total  of such apportionments plus the apportionment payable pursuant to  this  subdivision  for  the  approved  project  costs   of   the   total  apportionment  for  any approved building aidable project, as limited by  the cost allowances specified in  paragraph  a  of  subdivision  six  of  section  thirty-six  hundred  two  of  this  article,  shall  not exceed  ninety-five percent of such approved project costs, and  that,  for  any  school district with an enhanced building aid ratio computed pursuant to  such clause (ii) that is equal to nine-tenths or more, the total of such  apportionments   plus   the   apportionment  payable  pursuant  to  this  subdivision for such approved project  costs  of  an  approved  building  aidable  project  shall not exceed ninety-eight percent of such approved  project costs, provided further that the apportionment provided pursuant  to this  subdivision  shall  not  otherwise  reduce  the  apportionments  payable  for  approved project costs pursuant to subdivisions six, six-a  and six-b and paragraph c of subdivision fourteen of section  thirty-six  hundred two and subdivision twelve of this section and may be used by an  eligible  school district to fund the principal amount of any costs that  are in excess of the costs approved for  an  apportionment  pursuant  to  such  subdivisions six, six-a or six-b of section thirty-six hundred two  or subdivision twelve of this section.  Except  as  authorized  in  this  paragraph,  expenditures from the maximum additional apportionment shall  not be eligible for aid under any other provision of this chapter.    (2)  The  commissioner  shall  report  to  the  governor  and  to  the  legislature  by February first, two thousand three concerning the amount  of  any  maximum  additional  apportionment  available  to  each  school  district,  whether in total or in part, that has not been applied for by  any such school district by January first, two thousand  three.  If  the  total  amount  of  such  maximum  additional  apportionment has not been  applied for and approved by the commissioner by July first, two thousand  three, or, at the latest, applied for  by  August  first,  two  thousand  three  and  approved  by the commissioner by October first, two thousand  three as expressly limited by subparagraph one of  this  paragraph,  the  commissioner  shall  report  to  the governor and to the legislature and  notify all districts by November first, two  thousand  three  the  total  remaining  aggregate amount of maximum additional apportionments for all  school districts which remain uncommitted by such school districts as of  such date, which such total remaining aggregate  amount  shall  then  be  distributed on a competitive basis established by the commissioner, with  priority  given  to  districts  with outstanding needs as defined by the  district's five year facility plan and approved by  the  voters  of  the  school  district, or approved by the trustees or board of education of a  school district where voter approval is not required.d. It is the intent of the legislature that school  districts  receive  funding  for  approved  projects  in a timely manner. The payment of all  apportionments to  be  made  for  approved  projects  pursuant  to  this  subdivision  shall  be  made  from  funds  annually  appropriated by the  legislature  for  such  purpose.  An  apportionment  so made to a school  district from appropriated funds by the  commissioner  for  an  approved  project which is an eligible school construction project shall be repaid  to  the  state comptroller by the dormitory authority from bond proceeds  made available for such purpose  pursuant  to  section  sixteen  hundred  eighty-nine-a of the public authorities law.    e.  Powers  and  duties  of  the  commissioner.  In  administering the  provisions of this subdivision, the commissioner shall:    (1) establish  an  application  process  for  school  districts  which  request   the   approval   of   the  commissioner  for  funding  for  an  apportionment or apportionments for eligible projects; and    (2) provide that approved projects which receive an  apportionment  or  apportionments  pursuant  to  this subdivision are designed, constructed  and  maintained  in  the  most  cost-effective  manner  possible,  which  minimizes  waste  and maximizes efficiency. The board of regents and the  commissioner shall impose a mechanism for  establishing  guidelines  for  monitoring  and  documenting  this  process. The commissioner shall take  appropriate  action  to  ensure  a  district's  compliance   with   this  subparagraph.    f.  Maintenance of projects. In order to assure effective discharge of  state  responsibility  with  respect  to  the  implementation  of   this  subdivision,  the  board  of  regents and the commissioner shall provide  that no moneys shall be made available  to  a  school  district  for  an  eligible  school  construction  project,  exclusive  of  a  construction  emergency project unless and until such  school  district  has  complied  with  the  requirements of sections four hundred nine-d and four hundred  nine-e of this chapter and has submitted to the commissioner its current  five year capital facilities plan required pursuant to  subdivision  six  of  this  section,  section twenty-five hundred-p of this chapter or any  other provision of this chapter, detailing the district's infrastructure  needs. Notwithstanding the  provisions  of  this  paragraph  any  school  district receiving funds from the maximum additional apportionment shall  provide  an assurance to the commissioner that all projects funded under  this subdivision will be maintained in good repair.    g. Compliance  with  other  laws.  Funds  provided  pursuant  to  this  subdivision  shall  be subject to the applicable provisions of the state  finance law and all other applicable federal, state and local laws.    11.  Special  academic  improvement  grants.   a.   In   addition   to  apportionments  otherwise  provided by section thirty-six hundred two of  this article, for aid payable in the school year two  thousand  one--two  thousand  two  and  every  year  thereafter,  the  amounts  specified in  paragraph b of this subdivision shall be paid for the  sole  purpose  of  enhancement  of  the  academic  programs  of  school districts that have  become subject to removal of the board  of  education  as  a  result  of  failure  of  one  or  more  schools  to meet state school accountability  standards and serious financial problems that impact the ability of  the  school  district to support program improvements without endangering the  fiscal stability of the  school  district's  residents  and  businesses.  Grant   funds  awarded  pursuant  to  this  subdivision  shall  be  used  exclusively for services and expenses incurred by the school district to  support and maintain the improvement of the academic performance of  the  schools of the school district, in accordance with a plan of expenditure  prepared  at  the  direction  of  the  commissioner  and approved by the  commissioner.b. To the Roosevelt union free school district  there  shall  be  paid  twelve  million  dollars  ($12,000,000)  on  an annual basis. For school  years commencing on July first, two thousand seven and thereafter,  such  special   academic   improvement  grant  shall  be  payable  from  funds  appropriated  for such purpose and shall be apportioned to the Roosevelt  union free school district in  accordance  with  the  payment  schedules  contained  in section three thousand six hundred nine-a of this article,  notwithstanding any provision of law to the contrary.    12. Capital outlay transition grants.  a.  Capital  outlay  transition  grants.  (1)  The commissioner shall, upon application therefor, certify  to the dormitory authority of the state of New York the  amounts  to  be  awarded  as  grants  to  school  districts  in the two thousand two--two  thousand  three  state  fiscal  year  for  reimbursement   of   approved  expenditures  for  capital outlays incurred in the two thousand one--two  thousand two school year, as calculated pursuant to subdivision  six  of  section thirty-six hundred two of this article and this subdivision.    (2)   School   districts   which  would  have  been  eligible  for  an  apportionment for base year approved expenditures  for  capital  outlays  pursuant  to  subdivision  six of section thirty-six hundred two of this  article in the two thousand two--two thousand three  school  year  under  the  provisions  of  such  subdivision six in effect in the two thousand  one--two thousand two school year shall be eligible to apply for a grant  pursuant to this paragraph in lieu of an apportionment of aid  for  such  approved  expenditures pursuant to subdivision six of section thirty-six  hundred two of this article. Application for such grant shall be made on  or before the first business day of September, two thousand two in  such  form   as   the   commissioner   shall   determine,  and  shall  include  documentation  of  actual  approved  expenditures  for  capital  outlays  incurred in the two thousand one--two thousand two school year.    (3)(i)  Upon  approval  of  such  application by the commissioner, the  district shall be eligible for a grant in an amount equal to the  lesser  of:  (1)  the product of the amount of the district's base year approved  expenditures for capital outlays for school building purposes determined  pursuant to subdivision six of section thirty-six hundred  two  of  this  article  from  its  general  fund,  capital fund or from a reserve fund,  based on data on file with the commissioner on the first business day of  September, two thousand two, multiplied by the  sum  of  the  aid  ratio  computed for such expenditures pursuant to the provisions of paragraph c  of  subdivision  six  of section thirty-six hundred two of this article,  plus the incentive decimal, if any, calculated pursuant to  subparagraph  two  of paragraph b of such subdivision six, provided that the amount of  reimbursement attributable to approved expenditures for capital  outlays  for  joint  facilities shall be determined pursuant to subparagraph four  of this paragraph, and (2) the amount set forth for such school district  in the  school  aid  listing  for  the  current  year  produced  by  the  commissioner in May two thousand two and entitled "SA0203".    (ii)  In  the  event  that  the  sum  of  the grants calculated by the  commissioner for  school  districts  pursuant  to  clause  (i)  of  this  subparagraph  is  less  than  one  hundred  forty  million  dollars  the  districts shall be eligible for an additional grant in an amount  up  to  the  difference  between (1) the product of the amount of the district's  base year approved expenditures for capital outlays for school  building  purposes  determined  pursuant  to subdivision six of section thirty-six  hundred two of this article from its general fund, capital fund or  from  a  reserve  fund  that  was approved by the board of education in a city  with a population of more than one hundred twenty-five  thousand  as  of  May  fifteenth,  two  thousand  two  or  by the voters in another school  district prior to July first, two thousand two, based on  data  on  filewith  the  commissioner  on  the  first  business  day of September, two  thousand two, multiplied by the sum of the aid ratio computed  for  such  expenditures  pursuant  to  the provisions of paragraph c of subdivision  six  of  section  thirty-six  hundred  two  of  this  article,  plus the  incentive decimal, if any, calculated pursuant to  subparagraph  two  of  paragraph  b  of  such  subdivision  six,  provided  that  the amount of  reimbursement attributable to approved expenditures for capital  outlays  for  joint  facilities shall be determined pursuant to subparagraph four  of this paragraph, minus, (2) the amount calculated pursuant  to  clause  (i)  of  this  subparagraph. Such additional grants shall be approved in  the order of the date of receipt of the district's  application  by  the  commissioner, up to the total amount of the appropriation; provided that  in  the even that two or more school districts submit application on the  same day and full payment  of  the  amounts  so  requested  exceed  such  appropriation,  the  commissioner  shall  adjust  the  grant  amounts to  conform to such appropriation. In  no  event  shall  any  grant  not  be  awarded  due to an inability of the commissioner to make a full award of  the amount on the application.    (4) In the case of two or more school districts eligible for operating  aid pursuant to section thirty-six hundred two of this article that have  entered into  an  agreement  in  accordance  with  section  one  hundred  nineteen-o of the general municipal law and subdivision six-b of section  thirty-six hundred two of this article for approved expenditures for the  construction  or  reconstruction  of  one  or  more  single  site  joint  facilities where the general contract for the project  shall  have  been  awarded  on  or after July first, nineteen hundred ninety-three, and the  project and joint agreement shall have been approved by the commissioner  and, for participating school districts in which the  school  budget  is  subject  to voter approval, the joint agreement has been approved by the  voters of the district, the lead district  shall  be  eligible  for  the  product  of such base year approved expenditures for capital outlays for  school building purposes, multiplied by the sum of (i) the  product  for  each of the participating districts of the district's aid ratio computed  for  such  expenditures  pursuant  to  the  provisions of paragraph c of  subdivision six of  section  thirty-six  hundred  two  of  this  article  multiplied by the district's share of the use of the facility, plus (ii)  the  incentive  decimal, if any, calculated pursuant to subparagraph two  of paragraph b of such subdivision six.    (5) Notwithstanding any other provisions of law to the  contrary,  the  amounts  payable  pursuant  to  this paragraph shall be certified by the  commissioner in accordance with section sixteen hundred eighty-nine-f of  the public authorities law and shall be paid to school districts by  the  dormitory  authority  of  the  state  of  New  York,  within the amounts  appropriated for such purpose, from the  proceeds  of  bonds  and  notes  issued  pursuant  to  such  section  sixteen hundred eighty-nine-f. Such  payment shall fulfill any obligation of the state or the commissioner to  apportion funds pursuant  to  this  paragraph,  and  whenever  a  school  district has been apportioned more money pursuant to this paragraph than  that  to  which  it is entitled, the commissioner may deduct such amount  from the next apportionment to be made to such school district.    b. Excess capital outlay transition grants. (1) For aid payable in the  two thousand three--two thousand  four  school  year,  the  commissioner  shall,  within the amounts appropriated for such purpose, provide grants  to school districts in the amount of any excess of the  product  of  the  amount  of  such school district's approved expenditures incurred in the  two thousand one--two thousand two school year for capital  outlays  for  school  building  purposes  determined  pursuant  to  subdivision six of  section thirty-six hundred two of this article from  its  general  fund,capital  fund  or  from a reserve fund, multiplied by the sum of the aid  ratio selected for use in  the  two  thousand  two--two  thousand  three  school  year  for  such  expenditures  pursuant  to  the  provisions  of  paragraph c of subdivision six of section thirty-six hundred two of this  article,  plus  the  incentive  decimal,  if any, calculated for the two  thousand two--two thousand three school year  pursuant  to  subparagraph  two  of paragraph b of such subdivision six, provided that the amount of  reimbursement attributable to approved expenditures for capital  outlays  for  joint  facilities shall be determined pursuant to subparagraph four  of paragraph a of this subdivision, based on data on file on  the  first  business   day  of  September,  two  thousand  three,  over  the  amount  reimbursed  as  capital  outlay  transition  grants  pursuant   to   the  provisions of paragraph a of this subdivision.    (2)  A  school  district  which  was  eligible for a grant pursuant to  paragraph a of this subdivision and where the product of the  amount  of  such  school  district's  approved  expenditures  incurred  in  the  two  thousand one--two thousand two  school  year  for  capital  outlays  for  school  building  purposes  determined  pursuant  to  subdivision six of  section thirty-six hundred two of this article from  its  general  fund,  capital  fund  or  from a reserve fund, multiplied by the sum of the aid  ratio selected for use in  the  two  thousand  two--two  thousand  three  school  year  for  such  expenditures  pursuant  to  the  provisions  of  paragraph c of subdivision six of section thirty-six hundred two of this  article, plus the incentive decimal, if  any,  calculated  for  the  two  thousand  two--two  thousand  three school year pursuant to subparagraph  two of paragraph b of such subdivision six, provided that the amount  of  reimbursement  attributable to approved expenditures for capital outlays  for joint facilities shall be determined pursuant to  subparagraph  four  of  paragraph  a  of  this  subdivision,  is  in excess of the amount it  received under paragraph a of this  subdivision  shall  be  eligible  to  apply   for  a  grant  pursuant  to  this  subdivision  in  lieu  of  an  apportionment  of  aid  for  such  approved  expenditures  pursuant   to  subdivision  six  of  section  thirty-six  hundred  two of this article.  Application for such grant shall be made on or before the first business  day of September, two thousand three in such form  as  the  commissioner  shall  determine,  and  shall  include  documentation of actual approved  expenditures for capital outlays incurred in the two  thousand  one--two  thousand two school year.    (3) Notwithstanding any other provision of law to the contrary, grants  awarded   pursuant  to  this  paragraph  shall  be  payable  from  funds  appropriated for such purpose and shall  be  apportioned  in  accordance  with the payment schedule contained in section thirty-six hundred nine-a  of this article.    c.  Notwithstanding  any  other  provision  of  law  to  the contrary,  approved expenditures for capital outlays incurred in the  two  thousand  one--two  thousand  two  school  year  shall  not  be  eligible  for  an  apportionment pursuant to subdivision six of section thirty-six  hundred  two  of this article, provided that nothing in this subdivision shall be  construed  to  limit  the  eligibility  of   a   school   district   for  reorganization  incentive  building  aid  in  the  two thousand two--two  thousand three school year based on computations pursuant to subdivision  six of section thirty-six hundred  two  of  this  article.  Expenditures  incurred  for  lease  or  other  annual payments under the provisions of  section four hundred three-b, subdivision eight of  section  twenty-five  hundred   three  or  subdivision  six  of  section  twenty-five  hundred  fifty-four of this chapter, other than payments under  a  lease-purchase  agreement  or an equivalent agreement, and expenditures aidable pursuant  to subdivisions six-c, six-d, or six-e of section thirty-six hundred twoof this article, shall not be deemed capital outlay for purposes of this  subdivision.    13.   Transportation   capital   expense  transition  grants.  a.  The  commissioner shall, upon application therefor, certify to the authorized  issuer established pursuant to subdivision (b) of section  sixty-one  of  the  chapter  of  the  laws  of  two  thousand  four  which  added  this  subdivision the amounts to be awarded as grants to school  districts  in  the   two  thousand  four--two  thousand  five  state  fiscal  year  for  reimbursement of approved  expenses  for  transportation  capital,  debt  service  and leases for the two thousand three--two thousand four school  year, as calculated pursuant to subdivision seven of section  thirty-six  hundred two of this article and this subdivision.    b.   School   districts   which   would  have  been  eligible  for  an  apportionment  for  base  year  approved  expenses  for   transportation  capital,  debt  service  and  leases,  as  defined in subdivision two of  section thirty-six hundred twenty-three-a of this article,  pursuant  to  subdivision  seven  of section thirty-six hundred two of this article in  the  two  thousand  four--two  thousand  five  school  year  under   the  provisions  of  such  subdivision  seven  in  effect in the two thousand  three--two thousand four school year shall be eligible to  apply  for  a  grant  pursuant to this paragraph in lieu of an apportionment of aid for  such  approved  expenses  pursuant  to  subdivision  seven  of   section  thirty-six  hundred  two  of  this article.   Application for such grant  shall be made on or before the  first  business  day  of  November,  two  thousand  four  in  such  form  as the commissioner shall determine, and  shall include documentation of actual approved  transportation  capital,  debt   service  and/or  lease  expense  incurred  in  the  two  thousand  three--two thousand four school year or that would otherwise  have  been  eligible  for  an  apportionment  in the two thousand four--two thousand  five school year pursuant to subdivision  seven  of  section  thirty-six  hundred two of this article as it existed in the two thousand three--two  thousand four school year.    c. Upon approval of such application by the commissioner, the district  shall  be  eligible  for a grant in an amount equal to the apportionment  computed pursuant to subdivision seven of section thirty-six hundred two  of this article on its approved  expenses  for  transportation  capital,  debt  service  and  leases,  as if such expenses continued to be aidable  under  such  subdivision  seven,  based  on  data  on  file   with   the  commissioner as of November first, two thousand four.    d.  Notwithstanding  any  other provisions of law to the contrary, the  amounts payable pursuant to this paragraph shall  be  certified  by  the  commissioner  in accordance with section sixty-one of the chapter of the  laws of two thousand four which added this subdivision and shall be paid  to school districts by the authorized  issuer  established  pursuant  to  subdivision  (b) of section fifty-four of the chapter of the laws of two  thousand four which added this subdivision from the  proceeds  of  bonds  and notes issued pursuant to such section thirty-six. Such payment shall  fulfill  any  obligation  of  the state or the commissioner to apportion  funds pursuant  to  this  paragraph  or  subdivision  seven  of  section  thirty-six  hundred  two  of  this  article  for  approved  expenses for  transportation capital, debt service or leases, and  whenever  a  school  district has been apportioned more money pursuant to this paragraph than  that  to  which  it is entitled, the commissioner may deduct such amount  from the next apportionment to be made to such school district.    14.  Expanding  our  children's  education  and  learning  (EXCEL)  a.  Establishment  of  the  EXCEL  program.  There is hereby established the  expanding our children's  education  and  learning  (EXCEL)  program  to  provide  project  financing  or  assistance  in  the  form  of grants toeligible  school  districts,  in  addition  to,  or  in  lieu  of,   the  apportionments  made  pursuant to subdivisions six, six-a, six-b, six-c,  six-d, six-e, six-f and paragraph c of subdivision fourteen  of  section  thirty-six  hundred two of this article, and subdivisions ten and twelve  of this section, for the costs of EXCEL  school  facility  projects.  An  apportionment  for  any such project shall initially be available in the  state  fiscal  year  commencing   April   first,   two   thousand   six.  Notwithstanding  any  provision  of  law  to the contrary, the dormitory  authority of the state of New York shall be authorized to issue bonds or  notes in an aggregate amount not  to  exceed  two  billion  six  hundred  million dollars for purposes of the EXCEL program.    b.  Definitions.  The following terms, whenever used or referred to in  this subdivision, unless the context indicates otherwise, shall have the  following meanings:    (1) "EXCEL project". An  EXCEL  project  shall  include,  but  not  be  limited   to,   the   acquisition,   design,   planning,   construction,  reconstruction, rehabilitation, preservation,  development,  improvement  or modernization of an EXCEL school facility, where such project:    (i)  is  (a) for a school district other than the city school district  of the city of New York, a construction project that has  been  reviewed  by  the  department  and  approved  by the commissioner pursuant to this  subdivision, where a certification that a general construction  contract  had  been  awarded  for such project by or on behalf of the district was  not on file with the commissioner as of April first, two thousand six or  (b) for the city school district of the city  of  New  York,  a  project  which  is  listed and contained in the five year capital plan, which has  been approved and adopted  by  the  city  council  pursuant  to  section  twenty-five  hundred ninety-p of this chapter, for the two thousand five  through two thousand nine fiscal years, and provided that  such  project  must  commence,  as  close as practicable, according to the schedule set  forth in the five year capital plan as amended and approved by the  city  council as of July, two thousand five, and    (ii) falls within one or more of the following categories:    (a)  An  education  technology  project  which,  as a primary purpose,  enhances  the  use  of  technology  including  but   not   limited   to,  instructional content with video streaming, electrical upgrades, wiring,  cabling  installations,  internet  connections,  fiber optics, conduits,  raceways, telecommunication systems, hardware, electronic  commerce  and  wireless options;    (b) A health and safety project which, as a primary purpose, addresses  the  reduction  or elimination of the risk of personal injury or harm to  occupants of public school buildings  used  primarily  for  instruction,  including  but not limited to environmental remediation, the eradication  of  fire  and  health  code  violations,  the  provisions  of   adequate  ventilation   including   heating,   ventilation  and  air  conditioning  equipment, and the rehabilitation and repair of existing facilities;    (c) An accessibility project which, as  a  primary  purpose,  enhances  accessibility  to public school buildings used primarily for instruction  for individuals with disabilities;    (d) A physical  capacity  expansion  project  or  school  construction  project  which,  as  a  primary  purpose,  expands  the  availability of  adequate and appropriate instructional space in a public school building  used primarily for instruction, including but not limited to  expansions  which provide for reduced class size and science laboratories; and    (e)  An  energy  project  which,  as a primary purpose, reduces energy  costs and/or energy consumption.    (2) "EXCEL school facility". An EXCEL school facility  shall  mean  an  existing  or  proposed facility or other property real and personal, andother appurtenances thereto to be utilized  by  a  school  district  for  education purposes.    (3)  "Eligible project costs". Eligible project costs, for purposes of  the EXCEL program shall mean any  expenditures  for  an  EXCEL  project,  where  such  project  is  eligible  for  an  apportionment  pursuant  to  subdivisions six, six-a, six-b, six-f and/or paragraph c of  subdivision  fourteen of section thirty-six hundred two of this article.    (4)  "Eligible  school  district"  means a school district eligible to  receive an apportionment in lieu of operating aid in  the  two  thousand  six--two  thousand  seven  school  year, apportioned pursuant to section  thirty-six hundred two of  this  article,  or  eligible  to  receive  an  apportionment  of  total  foundation  aid in the two thousand seven--two  thousand eight school year and  thereafter,  pursuant  to  such  section  thirty-six hundred two of this article.    (5)  "Maximum additional apportionment" means the sum of the following  amounts:    (i) For an eligible school district that is eligible for the high-need  supplemental building aid ratio pursuant to the provisions of clause (c)  of subparagraph two  of  paragraph  c  of  subdivision  six  of  section  thirty-six  hundred  two  of  this  article,  other  than  a city school  district in a city having a population of  one  million  inhabitants  or  more,  an  amount  equal  to  the product of seven hundred seventy-eight  dollars and twenty-two cents ($778.22) multiplied by the  public  school  district  enrollment  of  the  district  in  the  two thousand five--two  thousand six school year, as computed pursuant to  subparagraph  two  of  paragraph n of subdivision one of section thirty-six hundred two of this  article  as  based  on  data on file for the school aid computer listing  produced by the commissioner in support of the enacted  budget  for  the  two thousand six--two thousand seven school year and entitled "SA060-7".    (ii)  For any other eligible school district, other than a city school  district in a city having a population of  one  million  inhabitants  or  more, an amount equal to the product of three hundred twenty dollars and  forty-six  cents  ($320.46)  multiplied  by  the  public school district  enrollment of the district in the two thousand  five--two  thousand  six  school  year, as computed pursuant to subparagraph two of paragraph n of  subdivision one of section thirty-six hundred two  of  this  article  as  based  on  data  on file for the school aid computer listing produced by  the commissioner of education in support of the enacted budget  for  the  two thousand six--two thousand seven school year and entitled "SA060-7".    (iii)  For  an  eligible  city  school  district  in  a  city having a  population of one million inhabitants or more one billion eight  hundred  million dollars.    c.   EXCEL   apportionment.   (1)   EXCEL   apportionment  for  school  enhancement.  Funds in an aggregate amount not to exceed  eight  hundred  million  dollars  shall  be  available  for  grants  to  eligible school  districts other  than  a  city  school  district  in  a  city  having  a  population  of  one  million  inhabitants  or more. Each eligible school  district which has an EXCEL project or projects shall be entitled  to  a  grant or grants for such project or projects in an amount whether in the  aggregate   or   otherwise,   not   to  exceed  the  maximum  additional  apportionment calculated for such school district. The  amount  of  such  maximum  additional  apportionment not expended, disbursed or encumbered  for any such year shall be carried over for expenditure and disbursement  to  the  next  succeeding   school   year.   Such   maximum   additional  apportionment may be used, at the option of the school district, in lieu  of,   or   to  supplement,  the  apportionments  available  pursuant  to  subdivisions six, six-a, six-b, six-c, six-d, six-e, six-f and paragraph  c of subdivision fourteen of section  thirty-six  hundred  two  of  thisarticle,  and subdivisions ten and twelve of this section, provided that  the total  of  such  apportionments  less  any  semiannual  payments  of  interest  computed  pursuant  to  subparagraph  three  of paragraph e of  subdivision  six  of section thirty-six hundred two of this article plus  the grant payable pursuant to this subdivision  for  the  total  project  costs  of  any  EXCEL project shall not exceed such total project costs,  provided further that where the school district opts to  use  the  EXCEL  apportionment  provided  pursuant  to this subdivision to supplement the  apportionments  payable  for  approved   project   costs   pursuant   to  subdivisions six, six-a, six-b, six-c, six-d, six-e, six-f and paragraph  c  of  subdivision  fourteen  of  section thirty-six hundred two of this  article, and subdivisions ten and twelve of  this  section,  such  EXCEL  apportionment shall not otherwise reduce such apportionments.  Except as  authorized  in  this paragraph, expenditures from the maximum additional  apportionment shall not be eligible for aid under any other provision of  this chapter.    (2) EXCEL apportionment for city facilities enhancement. Funds  in  an  aggregate amount not to exceed one billion eight hundred million dollars  shall be available for grants to a city school district in a city having  a  population  of  one million inhabitants or more. Such school district  shall be entitled to a  grant  or  grants  for  each  EXCEL  project  or  projects  in  an  amount  whether  in the aggregate or otherwise, not to  exceed the maximum additional apportionment calculated for  such  school  district.  The  amount  of  such  maximum  additional  apportionment not  expended, disbursed or encumbered for any such  year  shall  be  carried  over  for  expenditure  and  disbursement  to the next succeeding school  year. Such maximum additional apportionment may be used, at  the  option  of the school district, in lieu of, or to supplement, the apportionments  available  pursuant  to  subdivisions  six,  six-a, six-b, six-c, six-d,  six-e,  six-f  and  paragraph  c  of  subdivision  fourteen  of  section  thirty-six  hundred two of this article, and subdivisions ten and twelve  of this section, provided that the total of such apportionments less any  semiannual payments of interest computed pursuant to subparagraph two of  paragraph e of subdivision six of section thirty-six hundred two of this  article plus the grant payable pursuant  to  this  subdivision  for  the  total  project  costs  of  any EXCEL project shall not exceed such total  project costs, provided further that where the school district  opts  to  use  the  EXCEL  apportionment  provided pursuant to this subdivision to  supplement  the  apportionments  payable  for  approved  project   costs  pursuant  to  subdivisions six, six-a, six-b, six-c, six-d, six-e, six-f  and paragraph c of subdivision fourteen of  section  thirty-six  hundred  two  of  this  article, and subdivisions ten and twelve of this section,  such EXCEL apportionment shall not otherwise reduce such apportionments.  Except as authorized in this paragraph, expenditures  from  the  maximum  additional  apportionment  shall not be eligible for aid under any other  provision of this chapter.    (3) The commissioner shall, upon application therefor in such form  as  the  commissioner  may  require,  determine the amounts to be awarded as  grants to school districts as calculated pursuant to  this  subdivision.  The  amounts  determined pursuant to this subdivision shall be certified  by the commissioner  in  accordance  with  subdivision  six  of  section  sixteen  hundred  eighty-nine-i  of the public authorities law. Upon the  issuance of bonds by the dormitory authority of the state  of  New  York  pursuant  to  such section sixteen hundred eighty-nine-i, the amounts of  money so certified shall be paid to school districts  by  the  dormitory  authority  from  the proceeds of such bonds, provided, however, that the  payment schedule set forth in subdivision one of