] is old law to be omitted. LBD05860-01-5A. 6826 2 1 indergarten through six and shall be adjusted for a building or an addi- 2 tion housing grades seven through nine by a factor of one and four- 3 tenths, for a building or an addition housing grades seven through 4 twelve by a factor of one and five-tenths, for a building or addition 5 housing special education programs by a factor of two, except that where 6 such building or addition is connected to, or such space is located 7 within, a public school facility housing programs for nondisabled 8 pupils, as approved by the commissioner, a factor of three shall be 9 used. Rated capacity of a building or an addition shall be determined by 10 the commissioner based on space standards and other requirements for 11 building construction specified by the commissioner. Such assigned 12 capacity ratings shall include, in addition to those spaces used for the 13 instruction of pupils, those spaces which are used for elementary and 14 secondary school libraries, cafeterias, prekindergarten instructional 15 rooms, teachers' conference rooms, gymnasiums and auditoriums. For new 16 construction projects approved on or after July first, two thousand, by 17 the voters of the school district or by the board of education of a city 18 school district in a city with more than one hundred twenty-five thou- 19 sand inhabitants, and/or the chancellor in a city school district in a 20 city having a population of one million or more, such rated capacity for 21 new buildings and additions constructed to replace existing buildings 22 that, in the judgment of the commissioner, have not been adequately 23 maintained and have not reached their projected useful life shall be 24 reduced by the commissioner by an amount proportional to the remaining 25 unused portion of the useful life of the existing buildings, provided 26 however that the commissioner may waive such requirement upon a finding 27 that replacement of the existing building is necessary to protect the 28 health and safety of students or staff, that reconstruction and modern- 29 ization of the existing building would not adequately address such 30 health and safety problems, and that the need to replace the building 31 was not caused by failure to adequately maintain the building. If the 32 commissioner of labor resets the statewide index reflecting changes in 33 the costs of labor and materials since July first, nineteen hundred 34 ninety-two, the commissioner shall adopt regulations to supersede the 35 basic per pupil allowance of up to six thousand three hundred seventy- 36 five dollars to the imputed allowance in effect at that time. 37 (3) Cost allowances for reconstructing or modernizing structures shall 38 not exceed one hundred per centum of the cost allowances for the equiv- 39 alent new construction over the projected useful life of the building, 40 to be determined in accordance with the regulations of the commissioner. 41 Reconstruction projects shall reasonably meet the criteria established 42 for new construction, including but not limited to energy, fire, 43 personal safety and space per pupil standards. For aid payable in school 44 year two thousand twenty-five--twenty-six and thereafter, for school 45 districts located in counties with a population of more than nine 46 hundred forty thousand and less than one million inhabitants according 47 to the two thousand twenty federal census and are eligible for aid 48 pursuant to clause (c) of subparagraph two of paragraph c of this subdi- 49 vision, such aid shall be adjusted by the annual county labor market 50 composite wage rate of the city school district of such city having a 51 population of one million or more inhabitants. 52 § 2. This act shall take effect immediately.