senate Bill S1429

Amended

Enacts the 2014 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

  • 09 / Jan / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION
  • 31 / Jan / 2014
    • AMEND AND RECOMMIT TO EDUCATION
  • 31 / Jan / 2014
    • PRINT NUMBER 1429A
  • 07 / Feb / 2014
    • AMEND AND RECOMMIT TO EDUCATION
  • 07 / Feb / 2014
    • PRINT NUMBER 1429B

Summary

Enacts the 2014 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:
A4164
Versions:
S1429
S1429A
S1429B
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education
Versions Introduced in 2011-2012 Legislative Cycle:
S3190B, A8403A

Sponsor Memo

BILL NUMBER:S1429

TITLE OF BILL:
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

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
building 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
building 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
participation.

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 techniques
available. Similar legislation allowed the City of Niagara Falls to
construct a new facility more affordably several years ago.

LEGISLATIVE HISTORY:
S.3190-B/A.8403-A - EDUCATION/Education

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
________________________________________________________________________

                                  1429

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. RANZENHOFER, DeFRANCISCO -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion

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  "2013
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.
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04842-01-3

S. 1429                             2

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.
  (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.

S. 1429                             3

  (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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