§ 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.