4-31-1101 - Part definitions Eligibility Purposes Application and review procedure.
4-31-1101. Part definitions Eligibility Purposes Application and review procedure.
(a) For the purposes of this part, the following definitions shall apply:
(1) Authority, construction, and education project as defined in § 4-31-1003;
(2) Available local capital outlay funds means, with respect to any LGU or LEA, the state share of the capital outlay portion of the non-classroom component of the BEP funding as set forth in the formula model established or revised by the state board of education, or any replacement funding, approved by the general assembly from time to time, that the LGU or LEA is entitled to receive;
(3) Basic education program (BEP) and local education agency (LEA) as defined in § 49-3-302;
(4) Education debt means debt issued, together with any debt issued to renew or refund the debt, by any LGU to finance the construction of education projects subject to an agreement entered into pursuant to this part;
(5) Enhancement program means the program established pursuant to this part; and
(6) Local government unit (LGU), as defined in § 4-31-102.
(b) Only LGUs funding the local share of the BEP for an LEA shall be eligible to participate in the program under this part.
(c) The authority, in conjunction with the department of education, is empowered and is authorized to develop an enhancement program under which legally available state funds and available local capital outlay funds assigned or pledged by the LGU or LEA may be applied to one (1) or more of the following purposes for education debt issued by LGUs:
(1) To pay the debt service on or to provide for the payment of debt service on such debt; or
(2) To provide reserves for such debt.
(d) The department of education, in conjunction with the authority, shall develop an application and review procedure for requests under this enhancement program. The department of education shall review each proposed education project and shall make recommendations to the authority as to the applications. The department shall monitor education projects during the term of the agreements required by § 4-31-1102.
[Acts 2005, ch. 211, § 1.]