S T A T E O F N E W Y O R K
________________________________________________________________________
7033
I N S E N A T E
March 9, 2010
___________
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions
AN ACT to amend the public authorities law, in relation to authorizing
the New York city school construction authority to obtain certain
demographic data and utilize such data in connection with the authori-
ty's five-year educational facilities capital plan; and to amend the
education law, in relation to requiring consideration of student demo-
graphic data in connection with approval of five-year educational
facilities capital plans and to require the publication of findings
and commentary on such plan
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 13 of section 1728 of the public authorities
law, as added by chapter 738 of the laws of 1988, is amended and two new
subdivisions 13-a and 13-b are added to read as follows:
13. To enter into agreements with the city's department of city plan-
ning to render any services the authority may request, including but not
limited to professional and technical assistance by planning experts,
engineers, architects and any other staff as may be necessary, and the
use of the premises, personnel, equipment, ACCESS TO RELEVANT DATA and
personal property of the department of city planning. The authority
shall provide for reimbursement to the department of city planning from
the authority for any expenses incurred by the department of city plan-
ning in carrying out the terms of any such agreements;
13-A. TO ENTER INTO AGREEMENTS WITH THE CITY'S DEPARTMENT OF HEALTH
AND MENTAL HYGIENE TO RENDER ANY SERVICES THE AUTHORITY MAY REQUEST,
INCLUDING BUT NOT LIMITED TO ACCESS TO BIRTH RATE DATA. THE AUTHORITY
SHALL PROVIDE FOR REIMBURSEMENT TO THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE FROM THE AUTHORITY FOR ANY EXPENSES INCURRED BY THE DEPARTMENT
OF HEALTH AND MENTAL HYGIENE;
13-B. TO COORDINATE WITH THE OFFICE OF CITY PLANNING AND DEPARTMENT OF
HEALTH AND MENTAL HYGIENE TO CREATE UNIFORM, CITYWIDE POPULATION PROJEC-
TIONS BASED ON DATA PRODUCED BY THE OFFICE OF CITY PLANNING AND DEPART-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16002-01-0
S. 7033 2
MENT OF HEALTH AND MENTAL HYGIENE. SUCH PROJECTIONS SHALL BE USED IN THE
CREATION AND IMPLEMENTATION OF THE AUTHORITY'S FIVE-YEAR EDUCATIONAL
FACILITIES CAPITAL PLAN;
S 2. Section 1731 of the public authorities law, as added by chapter
738 of the laws of 1988, is amended to read as follows:
S 1731. Community participation. 1. Prior to the commencing of new
construction or building additions of an educational facility, or the
acquisition of real property or any interest therein for such purpose,
the authority shall file a copy of the site plan of such facility in its
offices and shall provide a copy thereof to the city board, the city
planning commission and the community school board and community board
of the district in which the facility will be located. SUCH PLAN SHALL
INCLUDE DATA ON PROJECTED STUDENT POPULATION FOR THE DISTRICT OR
DISTRICTS AFFECTED, THE SOURCE OF THAT DATA AND THE RATIONALE FOR THE
PROPOSED CONSTRUCTION OR ADDITION. Upon request, any other person shall
be furnished with such plan or a summary thereof. The authority shall
publish in a newspaper of general circulation in the city a notice of
the filing of such plan and the availability of the plan and a summary
thereof. Such plan shall include, in the case of any project for which
the acquisition of real property or interest therein is proposed, the
recommended site, any alternate sites considered, and any rationale as
to why the alternate sites were not selected.
2. Within thirty days after publication of the notice required under
subdivision one of this section, a public hearing with sufficient public
notice shall be held by each affected community school board on any or
all aspects of the site plan and by each affected community board on
aspects of the site plan which relate to the general public use of the
educational facility and to its impact on the surrounding community,
INCLUDING BUT NOT LIMITED TO THE RESPONSIVENESS OF THE SITE PLAN TO
PROJECTED CHANGES IN POPULATION IN THE AFFECTED DISTRICTS. The affected
board may request the attendance of representatives of the authority or
the city board at a hearing and the authority or the city board shall
comply with such requests. If the proposed project affects two or more
school districts or community boards, then a hearing may be held jointly
by the affected community school boards and/or the affected community
boards. Any affected community school board, together with any affected
community board, may at their mutual discretion, elect to conduct a
hearing jointly.
3. Within forty-five days after publication of such notice, each
affected community school board or community board shall prepare and
submit to the authority, written comments on the site plan. Any other
organization or person shall also have the opportunity to present writ-
ten comments on the plan during this period. Each comment received by
the authority on such plan at any time prior to action being taken by
the authority on the plan shall be considered by the authority in
connection with such action.
4. After due consideration of such comments, if any, the authority may
affirm, modify or withdraw the plan. UPON FINAL DETERMINATION BY THE
AUTHORITY REGARDING THE PLAN, THE AUTHORITY SHALL MAKE PUBLIC THE
COMMENTS SUBMITTED PURSUANT TO SUBDIVISION THREE OF THIS SECTION AS WELL
AS THE AUTHORITY'S ASSESSMENT OF SUCH COMMENTS. SUCH ASSESSMENT SHALL
INCLUDE:
A. A SUMMARY AND AN ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT
ALTERNATIVES SUGGESTED IF ANY;
B. A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE OR
WERE NOT INCORPORATED INTO THE FINAL PLAN; AND
S. 7033 3
C. A DESCRIPTION OF ANY CHANGES MADE TO THE PROPOSED PLAN AS A RESULT
OF PUBLIC COMMENTS RECEIVED.
5. Nothing herein shall preclude the authority from holding hearings
on the site plan, provided, however, that any such hearings on the site
plan shall be conducted within the period specified in subdivision three
of this section.
S 3. Subparagraph 1 of paragraph (c) and paragraph (e) of subdivision
3 of section 2590-b of the education law, as amended by chapter 345 of
the laws of 2009, are amended to read as follows:
(1) each community district shall: (i) be a suitable size for effi-
cient policy-making and economic management; (ii) contain a reasonable
number of pupils; (iii) be compact and contiguous, contained within
county lines, and to the maximum extent possible, keep intact communi-
ties and neighborhoods; [and] (iv) bear a rational relationship to
geographic areas for which the city of New York plans and provides
services; AND (V) BE CREATED UTILIZING, AT A MINIMUM, DATA PROVIDED BY
THE OFFICE OF CITY PLANNING AND THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE TO ENSURE A COMPREHENSIVE CITYWIDE PLAN FOR GROWTH;
(e) The city board of education shall hold public hearings in each
borough on the recommendations submitted by the study group and may
adopt, revise or reject in whole or in part such recommendations, or,
may request the study group to submit adjusted recommendations. THE
CITY BOARD OF EDUCATION SHALL MAKE PUBLIC THE COMMENTS SUBMITTED AS A
PART OF SUCH PUBLIC HEARINGS AS WELL AS THE BOARD'S ASSESSMENT OF SUCH
COMMENTS. SUCH ASSESSMENT SHALL INCLUDE:
(I) A SUMMARY AND AN ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT
ALTERNATIVES SUGGESTED IF ANY;
(II) A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE
OR WERE NOT INCORPORATED INTO THE FINAL PLAN; AND
(III) A DESCRIPTION OF ANY CHANGES MADE TO THE PROPOSED PLAN AS A
RESULT OF PUBLIC COMMENTS RECEIVED.
The final recommendations shall be adopted by the city board of educa-
tion no later than February first, nineteen hundred ninety-five to take
effect July first, nineteen hundred ninety-six, provided that such
revised boundaries adopted by the city board pursuant to this chapter
shall be used for purposes of community school board elections to be
held on the first Tuesday in May, nineteen hundred ninety-six.
S 4. Subdivision 11 of section 2590-e of the education law, as added
by chapter 123 of the laws of 2003, is amended to read as follows:
11. Approve zoning lines, as submitted by the superintendent, consist-
ent with the regulations of the chancellor, applicable to schools under
the jurisdiction of the community district. SUCH APPROVAL SHALL BE
BASED IN PART ON THE APPROPRIATENESS OF THE PROPOSED ZONING LINES, AND
BASED IN PART ON DATA PROVIDED BY THE OFFICE OF CITY PLANNING AND THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE INCLUDING BIRTH RATE DATA.
S 5. Subdivision 1 of section 2590-p of the education law, as added by
chapter 738 of the laws of 1988, is amended to read as follows:
1. In accordance with subdivision three of this section, the chancel-
lor shall prepare proposed five-year educational facilities capital
plans. Each such plan shall describe each program element proposed in
the plan, and shall set forth an estimate of the cost of each program
element, an estimate of the capital funding required each year and the
expected sources of such funding. The plan shall also set forth an esti-
mate of the cost of each project identified in the plan, shall assign
priorities to the projects included therein and shall state the year in
which each such project's design and construction is proposed to be
S. 7033 4
initiated and estimated to be completed. IN PREPARING THE PLAN AND EACH
PROJECT CONTAINED THEREIN, THE CHANCELLOR SHALL CONSIDER THE EFFECT OF
DATA PROVIDED BY THE OFFICE OF CITY PLANNING AND THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE, INCLUDING BIRTH RATE DATA.
S 6. Paragraph b of subdivision 3 of section 2590-p of the education
law, as amended by chapter 345 of the laws of 2009, is amended to read
as follows:
b. Commencing on November first, nineteen hundred ninety-three, and
every five years thereafter, the chancellor shall submit a proposed
five-year educational facilities capital plan to take effect on the
succeeding July first to each community district education council,
which shall conduct a public hearing and shall prepare and submit recom-
mendations to the chancellor on or before January first of the ensuing
year with respect to matters in the plan that involve that school
district. The chancellor shall consider the recommendations received
from the community district education councils, and, on or before Febru-
ary first of such year, shall submit a final proposed five-year educa-
tional facilities capital plan to the city board for its approval pursu-
ant to paragraph (d) of subdivision one of section twenty-five hundred
ninety-g of this article. UPON CONSIDERATION OF THE RECOMMENDATIONS OF
THE COMMUNITY SCHOOL DISTRICT EDUCATION COUNCILS, THE BOARD SHALL MAKE
PUBLIC THE RECOMMENDATIONS SUBMITTED PURSUANT TO THIS PARAGRAPH, AS WELL
AS THE BOARD'S ASSESSMENT OF SUCH RECOMMENDATIONS. SUCH ASSESSMENT SHALL
INCLUDE:
(I) A SUMMARY AND AN ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT
ALTERNATIVES SUGGESTED IF ANY;
(II) A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE
OR WERE NOT INCORPORATED INTO THE FINAL PLAN; AND
(III) A DESCRIPTION OF ANY CHANGES MADE TO THE PROPOSED PLAN AS A
RESULT OF THE RECOMMENDATIONS RECEIVED.
S 7. Paragraph b of subdivision 3 of section 2590-p of the education
law, as added by chapter 738 of the laws of 1988, is amended to read as
follows:
b. Commencing on November first, nineteen hundred ninety-three, and
every five years thereafter, the chancellor shall submit a proposed
five-year educational facilities capital plan to take effect on the
succeeding July first to each community school board, which shall
conduct a public hearing and shall prepare and submit recommendations to
the chancellor on or before January first of the ensuing year with
respect to matters in the plan that involve that school district. The
chancellor shall consider the recommendations received from the communi-
ty school boards, and, on or before February first of such year, shall
submit a final proposed five-year educational facilities capital plan to
the city board for its approval. On or before March first of such year,
the city board shall approve the five-year educational facilities capi-
tal plan submitted by the chancellor or such plan as is determined by
the city board. UPON CONSIDERATION OF THE RECOMMENDATIONS OF THE COMMU-
NITY SCHOOL BOARDS, THE BOARD SHALL MAKE PUBLIC THE RECOMMENDATIONS
SUBMITTED PURSUANT TO THIS PARAGRAPH, AS WELL AS THE BOARD'S ASSESSMENT
OF SUCH RECOMMENDATIONS. SUCH ASSESSMENT SHALL INCLUDE:
(I) A SUMMARY AND AN ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT
ALTERNATIVES SUGGESTED IF ANY;
(II) A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE
OR WERE NOT INCORPORATED INTO THE FINAL PLAN; AND
(III) A DESCRIPTION OF ANY CHANGES MADE TO THE PROPOSED PLAN AS A
RESULT OF THE RECOMMENDATIONS RECEIVED.
S. 7033 5
S 8. Paragraph a of subdivision 6 of section 2590-p of the education
law, as added by chapter 738 of the laws of 1988, is amended to read as
follows:
a. For each project included in an approved five-year educational
facilities capital plan, the chancellor shall develop a detailed scope
of the project, which shall include the following: (i) the purposes and
public to be served, (ii) the programs to be conducted in the facility,
(iii) the gross amounts of space and bulk for any building or structure,
(iv) identification of the intent to use architectural, engineering or
other consultant services and estimated fees for such consultant
services (v) the schedule of design and construction, (vi) the total
estimated project costs, including costs for site acquisition, prepara-
tion and tenant relocation, design, construction and equipment, (vii)
maximum estimated expenditures for the project for each fiscal year
until its completion, (viii) costs associated with maintenance and oper-
ation of the physical plant [and]; (ix) THE EFFECT OF DATA PROVIDED BY
THE OFFICE OF CITY PLANNING AND THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE, INCLUDING BIRTH RATE DATA FOR EACH PROJECT INCLUDED IN THE
PLAN; AND (X) such other information as the chancellor shall specify. In
the event, a project consists of a program element without identifica-
tion of the particular education facility at which such project is to be
performed, the detailed scope of the project shall specify the nature of
the work to be performed, applicable price and quality standards, a list
of the schools eligible for such work, annual performance targets and
the total estimated costs of such project during each fiscal year until
its completion.
S 9. This act shall take effect immediately; provided:
a. the amendments to subdivision 3 of section 2590-b of the education
law made by section three of this act shall not affect the expiration of
such section and shall expire and be deemed repealed therewith;
b. the amendments to subdivision 11 of section 2590-e of the education
law made by section four of this act shall not affect the repeal of such
subdivision and shall expire and be deemed repealed therewith; and
c. the amendments to paragraph b of subdivision 3 of section 2590-p of
the education law made by section six of this act shall be subject to
the expiration and reversion of such section pursuant to section 34 of
chapter 91 of the laws of 2002, as amended, when upon such date the
provisions of section seven of this act shall take effect.