senate Bill S1429B

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:
A4164A
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:S1429B

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 3 (e) - Provides for school district approvals and bonding

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 109-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 - 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 10 - 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:

2011/2012 -S.3190-B/A.8403-A -- EDUCATION/Education
2013 - S.1429/A.4164 - EDUCATION/Education

FISCAL IMPLICATIONS:

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

EFFECTIVE DATE:

This act shall take effect immediately and shall expire and be deemed
repealed 5 years after such effective date.

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

                                 1429--B

                       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  --  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 -- 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 "2014
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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04842-04-4

S. 1429--B                          2

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
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

S. 1429--B                          3

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.
  (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 require its contractor or contractors to 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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