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Can the HVAC system be considered “technology” so that maintenance is allowable from PPEL?

Question: Our district uses a technology system/software to maintain our HVAC system. This purchased service/software monitors our building temperatures and functioning of our systems. Is this a technology cost that we can pay using PPEL funds? Can the HVAC system be considered “technology” so that maintenance is allowable from PPEL?

Answer: The HVAC system itself would be purchased under 298.3(1), paragraphs “b”, “f” or “g” but not under paragraph “c.” The Declaratory Order does not re-characterize expenditures. HVAC, without regard to cost, would be expended from PPEL under 298.3(1)”b” if a new facility or under 298.3(1)”f” if a replacement or major repair to the HVAC system. The latter expressly states that repair “does not include maintenance.”
Maintenance on the HVAC system would be payable from General Fund rather than PPEL; repair of the HVAC system could be expended from PPEL.
The purchase cost of the monitoring technology may be paid from PPEL if it qualifies as technology separate from the HVAC system itself and to the extent it meets the criteria listed in the answer to the FAQ regarding contracted technology services.