senate Bill S3190B

Enacts the 2012 facility alternatives for schools act

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 11 / Feb / 2011
    • REFERRED TO EDUCATION
  • 04 / May / 2011
    • AMEND AND RECOMMIT TO EDUCATION
  • 04 / May / 2011
    • PRINT NUMBER 3190A
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION
  • 12 / Mar / 2012
    • AMEND AND RECOMMIT TO EDUCATION
  • 12 / Mar / 2012
    • PRINT NUMBER 3190B

Summary

Enacts the 2012 facility alternatives for schools act, which authorizes construction of new school facilities at a lower cost and in a faster time frame than is permitted under current law by using current development, construction, reconstruction, leasing and financing techniques available.

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Bill Details

See Assembly Version of this Bill:
A8403A
Versions:
S3190
S3190A
S3190B
Legislative Cycle:
2011-2012
Current Committee:
Senate Education
Law Section:
Education

Sponsor Memo

BILL NUMBER:S3190B

PURPOSE:
To authorize alternative methods to construct school facilities.

SUMMARY OF PROVISIONS:
Section 1. Short title.

Section 2. Sets forth definitions.

Section 3(a) Permits any school district to contract for the design,
construction, reconstruction, financing and ownership of a school build-
ing for up to thirty years.

Section 3(b). Sets up procedures for solicitation of proposals for the
construction, reconstruction, financing and leasing of the school build-
ing facility.

Section 3(c). Provides for review and approval of requests for proposal
by the Commissioner of Education prior to the issuance of such request
for proposal by a school district.

Section 3(d). Mandates the prevailing wage law applies to any
construction under section 220 of the Labor Law.

Section 4. Permits a school district to receive state aid for capital
outlays and debt service in connection with any building constructed
pursuant to this act.

Section 5. Exempts the contracts entered into pursuant to this act from
subdivision 3(a) and subdivision 5 of section l09-b of the General
Municipal Law.

Section 6. Contracts issued for a school building facility pursuant to
the provisions of this act may be funded by certificates of partic-
ipation.

Section 7. Exempts contracts entered into pursuant to this act from
section 101 of the General Municipal Law.

Section 8. Exempts real property on which a school building is
constructed and leased by the city school district for school purposes
from real property taxation.

Section 9. Requires a school district to adopt a resolution relating to
commencement of the design, construction or reconstruction of a school
building facility pursuant to this act within one year and to enter into
the contract or contracts within two years of the effective date of this
act.

Section 10. Clarifies that a school construction or reconstruction
project undertaken pursuant to this act is subject to applicable review
and approval procedures of the Education Department as any other school
design, construction or reconstruction project would be when undertaken
pursuant to the Education Law.

Section 11. Effective date.

JUSTIFICATION:
Local districts face increasing challenges to fund necessary new school
facilities. The state faces its own financial challenges which make it
difficult to consider increasing assistance to local school districts to
construct new facilities. It is necessary to seek innovative ways to
reduce costs when new school buildings become necessary. Under this
program, school districts would have the option to use the provisions of
this act to construct school buildings at a lower cost and in a faster
time frame than is permitted under current law by using the best current
development, construction, reconstruction, leasing and financing tech-
niques available. Similar legislation allowed the City of Niagara Falls
to construct a new facility more affordably several years ago.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Savings to school districts who choose to utilize this program to
construct new school buildings.

EFFECTIVE DATE:
Immediately; provided that this act shall expire five years after its
effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3190--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

Introduced  by  Sens. RANZENHOFER, DeFRANCISCO -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee  on  Education  in  accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to authorize the construction of new school facilities utilizing
  facility alternatives for schools; and providing  for  the  repeal  of
  such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and  may  be  cited  as  the  "2012
facility alternatives for schools act".
  S 2. For the purposes of this act the terms:
  1.  "School  district"  shall  mean  any  union  free school district,
central school district, central high school  district  or  city  school
district.
  2.  "Person"  shall  mean  a  municipality or other governmental body,
public corporation or authority,  private  corporation,  partnership  or
individual.
  S  3.  (a)  Notwithstanding  the provisions of any other law, general,
special or  local,  relating  to  the  length,  duration  and  terms  of
contracts a school district may enter into, any school district is here-
by  authorized  and  empowered to enter into contracts, leases or rental
agreements with any person, upon such  terms  and  conditions  for  such
consideration  and  for  such  terms  or  duration, not to exceed thirty
years, as may be agreed upon by the school district,  and  such  person,
whereby  such  person  is  granted  the right to construct, reconstruct,
finance or own a school building facility designed with a student capac-
ity not to exceed three thousand.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01807-03-2

S. 3190--B                          2

  (b) Notwithstanding the provisions of any general,  special  or  local
law,  a  contract  entered into between a school district and any person
pursuant to this act may  be  awarded  pursuant  to  public  bidding  in
compliance  with section 103 of the general municipal law or pursuant to
the following provisions for the award of a contract based on evaluation
of  proposals  submitted in response to a request for proposals prepared
by or for a school district. The school district shall require that each
proposal to be submitted shall include information relating to the expe-
rience of the proposer, the ability of the proposer to  secure  adequate
financing,  identification  and  specification  of  all elements of cost
which would become a charge to the school district, in whatever form, in
return for the fulfillment by the proposer of all tasks and responsibil-
ities established by the request for the proposal for the full  lifetime
of  a  proposed  contract, including, as appropriate, but not limited to
the cost of planning, design, construction,  reconstruction,  financing,
ownership  and/or  maintenance of such school building facility and such
other information as the school district may determine to have a materi-
al bearing on its ability to  evaluate  any  proposal  for  such  school
building facility.
  Prior to the issuance of a request for proposals pursuant to this act,
the  school  district shall publish notice of such issuance in the offi-
cial newspaper of the school district, if any, and in at least one news-
paper of general circulation. Concurrent with the  publication  of  such
notice of a draft request for proposals shall be filed with the clerk of
the  school  district  or  the  chief  executive  officer of such school
district. After allowing a thirty day comment period and  an  additional
thirty days to review such comments, the school district may publish the
final  request  for proposals and concurrent with such publication shall
publish notice of such issuance in the manner specified  in  this  para-
graph.  Concurrent  with  the  publication  of  the  final  request  for
proposals a set of comments filed in relation to the draft  request  for
proposals  and  findings  related  to  the  substantive elements of such
comments shall be filed along with the request for  proposals  with  the
clerk  or  chief  executive  officer  of such school district and in the
public library or libraries in proximity to the proposed school building
facility site.
  Proposals received in response to such request for proposals shall  be
evaluated by the school district as to net cost and in a manner consist-
ent with provisions set forth in the request for proposals, may be eval-
uated on the basis of additional factors, including, but not limited to,
facility design incorporating systems and approaches which provide maxi-
mum  facility  value  at the lowest possible cost using the best current
development life cycle costs, construction, reconstruction, leasing  and
financing techniques available.
  The  school  district  may  make  a  contract award to any responsible
proposer selected based on a determination by the school  district  that
the  selected  proposal  is most responsive to the request for proposals
and may negotiate with any proposer; provided, however, that if an award
is made to any proposer whose total proposal does not provide either the
lowest net cost, the school district  shall  adopt  a  resolution  after
public  hearing  which  includes  particularized  findings  relevant  to
factors evaluated indicating that the school district's requirements are
met by such award and that such action is in the public  interest.  Such
contract  may  be  a single guaranteed maximum price general contract or
utilize a full construction management contract approach.

S. 3190--B                          3

  (c) All requests for proposals by the school district pursuant to this
act shall be subject to review  and  approval  by  the  commissioner  of
education  prior  to  the  issuance  of such request for proposal by the
school district.
  (d)  Whenever  the  school  district  enters  into  a contract for the
construction of a school building facility pursuant  to  this  act,  the
provisions  of  section 220 of the labor law shall be applicable to such
construction work.
  (e)  Every  contract  entered  into  by  the   school   district   for
construction of a school building facility shall contain provisions that
the  design and construction standards of such facility shall be subject
to the review and approval of the  school  district,  that  the  project
developer  shall  furnish  a  bond guaranteeing prompt payment of moneys
that are due to all persons furnishing labor and materials  pursuant  to
the  requirements of any construction contracts, and a security bond for
the faithful performance of the  school  district  project  which  shall
conform  to the provisions of section 103-f of the general municipal law
and that a copy of such performance and payment bonds shall be  kept  by
the school district and shall be open to public inspection.
  S  4.  Notwithstanding the provisions of section 3602 of the education
law or any other provision of law, the school district shall be entitled
to an apportionment for capital outlays and debt service  for  a  school
building  facility constructed pursuant to the provisions of this act in
the same manner as such school  district  would  otherwise  be  entitled
pursuant to law for the construction of a new school building facility.
  S  5.  Contracts  to  be issued by the school district for the design,
construction, reconstruction, lease, financing or ownership of a  school
building  facility  pursuant  to  the  provisions  of  this act shall be
subject to the provisions of section 109-b of the general municipal law,
except for paragraph (a) of subdivision 3  and  subdivision  5  of  such
section  and except to the extent section 109-b of the general municipal
law is inconsistent with the provisions of this act.
  S  6.  Contracts  issued  by  the  school  district  for  the  design,
construction,  reconstruction, lease, financing or ownership of a school
building facility pursuant to the provisions of this act may  be  funded
by certificates of participation.
  S  7. All contracts awarded or entered into by the school district for
the construction, reconstruction, alteration, lease or lease-purchase of
a school building facility pursuant to this act shall not be subject  to
section 101 of the general municipal law.
  S  8.  Notwithstanding  any  other provision of law, a school building
facility constructed pursuant to the provisions of  this  act  shall  be
exempt  from  real property taxation when such facility is leased by the
school district and actually used for school  purposes  by  such  school
district.
  S  9.  Nothing  in  this  act  shall  be  construed to exempt a school
construction or reconstruction project undertaken pursuant to  this  act
from  the review and approval procedures applied to such projects by the
education department when undertaken pursuant to the education law.
  S 10. This act shall take effect immediately and shall expire  and  be
deemed repealed 5 years after such effective date.

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