senate Bill S163

Amended

Enacts the school population projection and transparency 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 CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 08 / Jan / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 03 / Jun / 2014
    • AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 03 / Jun / 2014
    • PRINT NUMBER 163A
  • 13 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 13 / Jun / 2014
    • PRINT NUMBER 163B

Summary

Authorizes the New York city school construction authority to obtain certain demographic data and utilize such data in connection with the authority's five-year educational facilities capital plan; requires consideration of student demographic data in connection with approval of five-year educational facilities capital plans; and requires the publication of findings and commentary on such plan.

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Bill Details

Versions:
S163
S163A
S163B
Legislative Cycle:
2013-2014
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Public Authorities Law
Laws Affected:
Amd §§1728 & 1731, Pub Auth L; amd §§2590-b, 2590-e & 2590-p, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2884
2009-2010: S7033

Sponsor Memo

BILL NUMBER:S163

TITLE OF BILL:
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
authority's five-year educational facilities capital plan; and to amend
the education law, in relation to requiring consideration of student
demographic data in connection with approval of five-year educational
facilities capital plans and to require the publication of findings
and commentary on such plan

PURPOSE:
To require the School Construction Authority and the New York City
Department of Education to use data provided by the New York city
Office of City Planning and New York City Department of Health and
Mental Hygiene to generate better population projections for use in
school zoning, siting and the five-year capital plan, and to require
increased transparency in planning and greater opportunity for
public input.

SUMMARY OF PROVISIONS:
Section 1 amends section 1728 subdivision 13 of the public authorities
law to require the New York City School Construction Authority to
coordinate with the Department of Health and Mental Hygiene and the
Office of City Planning to obtain relevant data to use in creating
population projects, which will serve as the basis for the school
authority's five year educational facilities capital plan.

Section 2 amends section 1731 of the public authorities law and
requires that school construction authority siting plans for new or
improved facilities include information on the prospective student
population for the affected school districts and a stated basis for
any changes to the property. It also requires public hearings and
ability for comment on siting plans and consideration of how the plan
impacts any potential population changes in the school districts, and
requires the school construction authority to set forth a detailed
assessment of the comments, including consideration of proposed
alternatives and the impact of the comments on the final plan.

Section 3 amends section 2590-b of the education law to create an
additional requirement that data provided by the Office of city
Planning and the Department of Health and Mental Hygiene must be
considered when community districts are created.

Section 4 amends section 2590-e of the education law to create an
additional requirement that data provided by the Office of City
Planning and
the Department of Health and Mental Hygiene must be considered when
creating zoning lines.

Section 5 amends section 2590-p of the education law to require that
the chancellor - when preparing the five-year capital plan - consider
the effect of data provided by the Office of city Planning and the
Department of Health and Mental Hygiene


Section 6 amends section 2590-p of the education law to require the
city board to make public submitted recommendations to the five-year
capital plan, a summary of alternatives proposed, a statement of why
they were not incorporated into the final plan, and a description of
any changes made to the proposed plan as a result of the
recommendations received.

JUSTIFICATION:
According to a report by Manhattan Borough President Scott M.
Stringer, as many as 13,000 New York City children will be without
seats in public schools by 2016 despite increased capital spending by
the City, This bill attempts to address this discrepancy by ensuring
that the School construction Authority and the Department of
Education use data available from the Office of City Planning and the
Department of Health and Mental Hygiene, in making population
projections for use in its five year capital plan, and for proposing
zoning lines and creating school siting plans,

The bill also ensures greater transparency and a role for the public
in planning; the Department of Education will have to make public the
data used to project student populations, and address how each siting
plan responds to projected population changes. The Department of
Education is also required to make public all comments it receives in
response to its school siting plans and five-year capital plan, and
respond to those comments.

These reforms will lead to more accurate projections, better
transparency in planning, and a stronger voice for the public.

LEGISLATIVE HISTORY:
2010: S.7033/A.11433
2012: Referred to Corporations, Authorities and Commissions

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

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

                                   163

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00267-01-3

S. 163                              2

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-
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

S. 163                              3

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
  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

S. 163                              4

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
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:

S. 163                              5

  (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  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 paragraph 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.

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