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Board debates last-minute Inflation Reduction Act rebate proposition for bond projects

March 21, 2024 | KATONAH-LEWISBORO UNION FREE SCHOOL DISTRICT, School Districts, New York


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Board debates last-minute Inflation Reduction Act rebate proposition for bond projects
Trustees spent most of the meeting’s budget discussion debating whether to add a late-draft proposition that would let the district apply possible federal rebates available under the Inflation Reduction Act toward capital work authorized by the district’s bond.

Andrew, the district presenter, said new federal guidance opened an opportunity to recover a meaningful portion of certain capital costs if projects meet eligibility criteria. He described geothermal as a leading candidate and said the rebate could be "as much as 40%" in some cases after multipliers and incentives, but emphasized the amount and eligibility are uncertain until an application process concludes. "We can't know for sure whether we'll get money back," he said.

Lisa, the finance director, explained mechanics observed on earlier projects: vendors or contractors can apply for direct pay incentives and invoice the district for the net amount — an approach used on the district’s first EV bus purchase. She outlined how the IRA structure yields a base credit (roughly 6%) with potential multipliers tied to prevailing wage and domestic sourcing that can raise the effective rebate to larger percentages.

Several trustees favored placing the proposition on the May ballot, arguing that if the district can recover several million dollars it could deliver more of the bond work without increasing the local tax burden. Other trustees said the proposal had been presented to the board only within the previous 24 hours and criticized the short timeframe. "I'm really uncomfortable that we're talking about ... a substantial sum of money, 4 and a half million dollars ... and we may not, in that 24 hours, have had all the time we need to explore all of the possible options," a trustee said, urging the board to consider reserves, other capital needs or a special vote later.

Trustees also pressed legal and procedural questions: whether rebates tied to bond-authorized projects could be reallocated, when work must start to qualify for IRA incentives, and whether receiving rebates would constrain future borrowing or force voter action. Administration and counsel said they had consulted bond counsel and general counsel but acknowledged several legal-operational questions remained.

After extended discussion the board voted (by poll and as part of the consent agenda) to add the proposition language to the legal notices that will be published ahead of the May 21 vote; trustees also asked for clearer explanatory outreach to the community. The board emphasized that even if voters approve the proposition, the district would not be obligated to apply for or accept rebates — the proposition preserves optionality subject to future decisions and legal constraints.

Trustees signaled continuing review would follow, and several members offered to reconvene or take a poll vote next week if more time was needed to resolve outstanding legal and procurement questions.

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