senate Bill S3435

Amended

Relates to the powers and duties of the joint schools construction board of the city of Syracuse and the city school district

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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

  • 01 / Feb / 2013
    • REFERRED TO EDUCATION
  • 15 / Feb / 2013
    • AMEND AND RECOMMIT TO EDUCATION
  • 15 / Feb / 2013
    • PRINT NUMBER 3435A
  • 15 / Apr / 2013
    • AMEND AND RECOMMIT TO EDUCATION
  • 15 / Apr / 2013
    • PRINT NUMBER 3435B
  • 30 / Apr / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 06 / May / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 06 / May / 2013
    • PRINT NUMBER 3435C
  • 21 / May / 2013
    • 1ST REPORT CAL.653
  • 22 / May / 2013
    • 2ND REPORT CAL.
  • 23 / May / 2013
    • ADVANCED TO THIRD READING
  • 29 / May / 2013
    • SUBSTITUTED BY A4772C

Summary

Amends the "city of Syracuse and the board of education of the city school district of the city of Syracuse cooperative school reconstruction act" in relation to the powers and duties of the joint schools construction board of the city of Syracuse and the city school district.

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Bill Details

Versions:
S3435
S3435A
S3435B
S3435C
Legislative Cycle:
2013-2014
Law Section:
Education
Laws Affected:
Amd Part A-4 ยงยง4 - 14, 16 & 19, Chap 58 of 2006

Sponsor Memo

BILL NUMBER:S3435

TITLE OF BILL: An act to amend chapter 58 of the laws of 2006 enacting
the "city of Syracuse and the board of education of the city school
district of the city of Syracuse cooperative school reconstruction act",
in relation to the powers and duties of the joint schools construction
board of the city of Syracuse and the city school district

PURPOSE: This legislation allows the City of Syracuse and the city
school district to. fund a second phase of school renovations and
improvements under the direction of the Joint Schools Construction Board
(JSCB). This legislation also changes the composition of the JSCB for
phase II, and makes additional changes to the existing legislation to
ensure a smooth transition from phase I to phase II construction. It
will also allow the City of Syracuse to issue bond anticipation notes to
speed up the planning and design for phase II projects.

SUMMARY OF PROVISIONS:

Section 1: Amends the definitional section of the JSCB statute. It
amends the composition of the JSCB. The new structure shall include the
mayor (or her designee), the superintendent (or her designee), two
appointments by the mayor, two appointments by the superintendent and
one independent member jointly appointed by the mayor and superinten-
dent. This section also amends the duties of the "program manage'.

Section 2: States that phase H projects shall number no more than 20 and
at locations determined by the city school district and approved by the
JSCB. The maximum total cost shall be no more than $300 million.

Section 3: Lays out the process by which phase II projects and project
borrowing shall be approved. This includes the creation and approval of
a comprehensive plan, selection and approval of individual projects,
required public hearings and required approvals by the JSCB, city school
district, city common council, and State Comptroller.

Section 4: Allows the JSCB upon receipt of plans and specifications for
a project from the city to enter into contracts acting through the
city's division of purchase and subject to the approval of the city's
engineer and corporation counsel on behalf of the city or the city
school district.

Section 5: Allows the JSCB to obtain professional services using the
city's standard request for proposals.

Section 6: Allows the JSCB to extend the project labor agreement entered
into for phase I into phase II projects.

Section 7: Amends the selection process and duties of the independent
program manager.

Section 8: Sets provisions regarding the use of installment purchase
contracts.

Section 9: Allows the city to issue bond anticipation notes to begin
phase II projects in anticipation of State building aid.

Section 10: Provides that payment of debt service on bond anticipation
notes for phase II shall not be considered when determining the "city
amount" required pursuant to subparagraph (ii) of paragraph a of subdi-
vision 5-b of 2576 of the education law.

Section 11: Allows the City of Syracuse Industrial Development Agency to
refinance bond anticipation notes issued for phase II projects.

Section 12: Makes amendments to the JSCB's reporting requirements.

Section 13: Establishes the effective date and provides language to
ensure that all actions and obligations of the phase I JSCB board remain
in effect.

JUSTIFICATION: School buildings in the City of Syracuse are in serious
need of repair and renovation. To this purpose chapter 58 of laws of
2006 was enacted to create the Syracuse Joint School Construction Board.
Currently the Syracuse JSCB is in the middle of completing phase I
construction projects. These are scheduled to be completed in the next
couple of years. The goal is to then immediately begin phase II
projects.

This legislation has been requested by the City of Syracuse and the
Syracuse City School District in order to ensure a speedy and efficient
transition from phase I to phase H. Specifically, this bill enacts
changes to the current JSCB law to complete this goal. Most notably it
changes the composition of the JSCB to ensure phase II projects are
planned, reviewed, approved and implemented more efficiently. The legis-
lation also includes changes to the approval and financing structure of
the JSCB. The overall goal is to avoid issues that substantially delayed
construction of phase I projects.

Additionally, this legislation authorizes the City of Syracuse to issue
bond anticipation notes that will allow the City, the School District
and the JSCB to get an early start on the planning, design and approval
for phase II projects. This will allow phase II construction to begin
soon after all phase I projects have been completed. This legislation is
an important step in providing the children of the Syracuse City School
district with safe and productive learning environments.

LEGISLATIVE HISTORY: New Bill, amending chapter 58 of the laws of 2006

FISCAL IMPACT: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  3435

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education

AN ACT to amend chapter 58 of the laws of 2006  enacting  the  "city  of
  Syracuse and the board of education of the city school district of the
  city  of  Syracuse cooperative school reconstruction act", in relation
  to the powers and duties of the joint schools  construction  board  of
  the city of Syracuse and the city school district

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

  Section 1. Subdivisions (f), (h) and (j) of section 4 of part  A-4  of
chapter  58  of  the laws of 2006 enacting the "city of Syracuse and the
board of education of the city school district of the city  of  Syracuse
cooperative school reconstruction act" are amended to read as follows:
  (f)  ["JSC  board"  shall mean the joint schools construction board of
the city and the city school district as  set  forth  in  an  agreement,
dated as of April 1, 2004, between the city school district and the city
as  such  agreement  may  be  from time to time amended or supplemented,
acting as agent for the city, school  district,  or  both]  "JSC  BOARD"
SHALL  MEAN THE JOINT SCHOOL CONSTRUCTION BOARD OF THE CITY AND THE CITY
SCHOOL DISTRICT ESTABLISHED TO ADMINISTER, MANAGE, DESIGN, RENOVATE  AND
EFFECT THE FINANCING OF EXISTING PUBLIC SCHOOLS WITHIN THE SYRACUSE CITY
SCHOOL  DISTRICT.  SUCH  BOARD SHALL CONSIST OF THE MAYOR OF THE CITY OF
SYRACUSE AND TWO ADDITIONAL MEMBERS DESIGNATED BY THE  MAYOR  WHO  SHALL
SERVE  AT  THE  PLEASURE OF THE MAYOR FOR A TERM NOT EXCEEDING ONE YEAR,
THE SUPERINTENDENT OF THE SYRACUSE CITY SCHOOL DISTRICT  AND  TWO  ADDI-
TIONAL  MEMBERS  DESIGNATED BY THE SUPERINTENDENT WHO SHALL SERVE AT THE
PLEASURE OF THE SUPERINTENDENT FOR A TERM NOT EXCEEDING ONE YEAR, AND  A
SEVENTH MEMBER, NOT EMPLOYED BY THE CITY OR THE SCHOOL DISTRICT, JOINTLY
DESIGNATED  BY  THE  MAYOR AND THE SUPERINTENDENT WHO SHALL SERVE AT THE
PLEASURE OF THE MAYOR AND THE SUPERINTENDENT FOR A  TERM  NOT  EXCEEDING
ONE  YEAR.  TO  ENSURE  FLEXIBILITY AND CONTINUITY, THE MAYOR AND/OR THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05782-02-3

S. 3435                             2

SUPERINTENDENT MAY FROM TIME TO TIME DESIGNATE AND AUTHORIZE THEIR CHIEF
OF STAFF, CHIEF FINANCIAL OFFICER, OR OTHER DESIGNEE, TO ATTEND AND VOTE
IN THEIR STEAD.
  (h) "Project" shall mean work at an existing school building site that
involves  the  design,  reconstruction, or rehabilitation of an existing
school building for its continued use as a school  of  the  city  school
district,  which  may include an addition to an existing school building
for such continued use at a cost, for such addition,  of,  FOR  PROJECTS
IDENTIFIED  IN  PARAGRAPH  (A) OF SECTION FIVE OF THIS ACT, no more than
nine million dollars, AND, FOR PROJECTS IDENTIFIED IN PARAGRAPH  (B)  OF
SECTION FIVE OF THIS ACT, NO MORE THAN TWENTY MILLION DOLLARS, and which
also  may  include  (1)  the  construction or reconstruction of athletic
fields, playgrounds, and other recreational facilities for such existing
school building, and/or (2) the  acquisition  and  installation  of  all
equipment  necessary  and  attendant to and for the use of such existing
school building AND/OR THE ACQUISITION OF ADDITIONAL  REAL  PROPERTY  TO
FACILITATE THE PROJECT.
  (j)  "Program  manager"  shall  mean an independent program management
firm hired by the JSC board to assist it in: (1) developing  and  imple-
menting procedures for the projects undertaken and contracted for by the
JSC  board;  (2)  reviewing  plans  and specifications for projects; (3)
developing and implementing policies and procedures to  utilize  employ-
ment   resources  to  provide  sufficient  skilled  employees  for  such
projects, including developing and implementing  training  programs,  if
required; [and] (4) managing such projects IF REQUIRED BY THE JSC BOARD;
(5)  DEVELOPING  AND MANAGING A FINANCIAL PLAN TO MAXIMIZE THE EFFICIENT
USE OF  STATE  BUILDING  AID;  AND  (6)  MANAGING  THE  PROJECT  BUDGET.
PROVIDED,  HOWEVER  THAT  THE  CITY  AND THE CITY SCHOOL DISTRICT ACTING
THROUGH THE JSC BOARD MAY HIRE  OR  RETAIN  ONE  OR  MORE  EMPLOYEES  TO
PERFORM SOME OR ALL OF THE AFOREMENTIONED PROGRAM MANAGEMENT FUNCTIONS.
  S  2. Section 5 of part A-4 of chapter 58 of the laws of 2006 enacting
the "city of Syracuse and the board of  education  of  the  city  school
district  of the city of Syracuse cooperative school reconstruction act"
is amended to read as follows:
  S 5. (A) No more than seven projects, one each  at  the  Central  High
School,  the  Blodgett  School,  the  Shea Middle School, the H.W. Smith
Elementary School, the Clary Middle School,  the  Dr.  Weeks  Elementary
School  and  the  Fowler  High School, up to a total cost of two hundred
twenty-five million dollars; AND (B) NO MORE  THAN  TWENTY  PROJECTS  AT
LOCATIONS  TO  BE DETERMINED BY THE CITY SCHOOL DISTRICT AND APPROVED BY
THE JSC BOARD, UP TO A TOTAL COST  OF  THREE  HUNDRED  MILLION  DOLLARS,
shall  be  authorized and undertaken pursuant to this act, unless other-
wise authorized by law.
  S 3. Sections 6 and 7 of part A-4 of chapter 58 of the  laws  of  2006
enacting  the   "city of Syracuse and the board of education of the city
school district of  the  city  of  Syracuse  cooperative  school  recon-
struction act" are amended to read as follows:
  S  6.  (1) Before formal selection of the projects IDENTIFIED IN PARA-
GRAPH (A) OF SECTION FIVE OF THIS ACT occurs, the JSC board shall devel-
op a comprehensive plan  recommending  and  outlining  the  projects  it
proposes  to  be  potentially undertaken pursuant to this act. Such plan
shall include: (a) an estimate of total costs to be  financed,  proposed
financing  plan,  proposed  method of financing, terms and conditions of
the financing, estimated financing costs, and,  if  city  general  obli-
gation  bonds  or  notes  are not proposed as the method of financing, a
comparison of financing costs  between  such  bonds  or  notes  and  the

S. 3435                             3

proposed method of financing. The plan should also address what specific
options would be used to ensure that sufficient resources exist to cover
the  local share of any such project cost on an annual basis; (b) infor-
mation  concerning the potential persons to be involved in the financing
and such person's  role  and  responsibilities;  (c)  estimates  on  the
design, reconstruction and rehabilitation costs by project, any adminis-
trative  costs  for potential projects, and an outline of the time-frame
expected for completion  of  each  potential  project;  (d)  a  detailed
description  of  the request for proposals process and an outline of the
criteria to be used  for  selection  of  the  program  manager  and  all
contractors;  (e)  any proposed amendments to the city school district's
five year capital facilities plan submitted in accordance with  subdivi-
sion  6  of section 3602 of the education law and the regulations of the
commissioner; and (f) a diversity plan, in compliance  with  subdivision
[(e)]  (B)  of  section  eight  of this act, to develop diversity goals,
including appropriate community input and public discussion, and develop
strategies that would create and coordinate any efforts to ensure a more
diverse workforce for the projects. The diversity  plan  should  address
accountability  for  attainment  of  the  diversity goals, what forms of
monitoring would be used, and how such  information  would  be  publicly
communicated.
  Prior  to  the  development  of  the comprehensive plan, the JSC board
shall hold as many public hearings as may be necessary to ensure  suffi-
cient  public  input  and allow for significant public discussion on the
school building needs in such city, with at least one hearing to be held
in each neighborhood potentially impacted by a proposed project.
  The JSC board shall submit the components of such  comprehensive  plan
outlined  in  subdivision  (a) of this section to the comptroller, along
with any other information requested by the comptroller, for his or  her
review and approval.
  (2)  BEFORE FORMAL SELECTION OF THE PROJECTS PURSUANT TO PARAGRAPH (B)
OF SECTION FIVE OF THIS ACT  OCCURS,  THE  CITY  SCHOOL  DISTRICT  SHALL
PROVIDE  TO  THE  JSC  BOARD A COMPREHENSIVE DRAFT PLAN RECOMMENDING AND
OUTLINING THE PROJECTS IT PROPOSES TO BE POTENTIALLY UNDERTAKEN PURSUANT
TO THIS ACT. SUCH PLAN WILL BE SUBJECT TO THE REVIEW AND APPROVAL OF THE
JSC BOARD AND SHALL INCLUDE: (A)  AN  ESTIMATE  OF  TOTAL  COSTS  TO  BE
FINANCED,  PROPOSED  FINANCING PLAN, PROPOSED METHOD OF FINANCING, TERMS
AND CONDITIONS OF THE FINANCING, ESTIMATED FINANCING COSTS, AND, IF CITY
GENERAL OBLIGATION BONDS OR NOTES ARE NOT  PROPOSED  AS  THE  METHOD  OF
FINANCING,  A  COMPARISON OF FINANCING COSTS BETWEEN SUCH BONDS OR NOTES
AND THE PROPOSED METHOD OF FINANCING. THE PLAN SHOULD ALSO ADDRESS  WHAT
SPECIFIC OPTIONS WOULD BE USED TO ENSURE THAT SUFFICIENT RESOURCES EXIST
TO  COVER  THE  LOCAL SHARE OF ANY SUCH PROJECT COST ON AN ANNUAL BASIS;
(B) INFORMATION CONCERNING THE POTENTIAL PERSONS TO BE INVOLVED  IN  THE
FINANCING  AND SUCH PERSON'S ROLE AND RESPONSIBILITIES; (C) ESTIMATES ON
THE DESIGN, RECONSTRUCTION AND  REHABILITATION  COSTS  BY  PROJECT,  ANY
ADMINISTRATIVE  COSTS  FOR  POTENTIAL  PROJECTS,  AND  AN OUTLINE OF THE
TIME-FRAME EXPECTED FOR COMPLETION OF  EACH  POTENTIAL  PROJECT;  (D)  A
DETAILED DESCRIPTION OF THE REQUEST FOR PROPOSALS PROCESS AND AN OUTLINE
OF  THE CRITERIA TO BE USED FOR SELECTION OF THE PROGRAM MANAGER AND ALL
CONTRACTORS; (E) ANY PROPOSED AMENDMENTS TO THE CITY  SCHOOL  DISTRICT'S
FIVE  YEAR CAPITAL FACILITIES PLAN SUBMITTED IN ACCORDANCE WITH SUBDIVI-
SION 6 OF SECTION 3602 OF THE EDUCATION LAW AND THE REGULATIONS  OF  THE
COMMISSIONER;  AND  (F) A DIVERSITY PLAN, IN COMPLIANCE WITH SUBDIVISION
(B) OF SECTION EIGHT OF THIS ACT, TO DEVELOP DIVERSITY GOALS,  INCLUDING
APPROPRIATE  COMMUNITY  INPUT AND PUBLIC DISCUSSION, AND DEVELOP STRATE-

S. 3435                             4

GIES THAT WOULD CREATE AND COORDINATE  ANY  EFFORTS  TO  ENSURE  A  MORE
DIVERSE  WORKFORCE  FOR  THE PROJECTS. THE DIVERSITY PLAN SHOULD ADDRESS
ACCOUNTABILITY FOR ATTAINMENT OF THE  DIVERSITY  GOALS,  WHAT  FORMS  OF
MONITORING  WOULD  BE  USED,  AND HOW SUCH INFORMATION WOULD BE PUBLICLY
COMMUNICATED.
  AS PART OF THE DEVELOPMENT  OF  THE  COMPREHENSIVE  PLAN,  THE  SCHOOL
DISTRICT  SHALL  HOLD  AS  MANY  PUBLIC  HEARINGS AS MAY BE NECESSARY TO
ENSURE  SUFFICIENT  PUBLIC  INPUT  AND  ALLOW  FOR  SIGNIFICANT   PUBLIC
DISCUSSION  ON THE SCHOOL BUILDING NEEDS IN SUCH CITY, WITH AT LEAST ONE
HEARING TO BE HELD  IN  EACH  NEIGHBORHOOD  POTENTIALLY  IMPACTED  BY  A
PROPOSED PROJECT.
  THE  JSC  BOARD SHALL SUBMIT THE COMPONENTS OF SUCH COMPREHENSIVE PLAN
OUTLINED IN SUBDIVISION (A) OF THIS SECTION TO  THE  COMPTROLLER,  ALONG
WITH  ANY OTHER INFORMATION REQUESTED BY THE COMPTROLLER, FOR HIS OR HER
REVIEW AND APPROVAL.
  S 7. (A) Notwithstanding any general, special  or  local  law  to  the
contrary and upon approval by the comptroller pursuant to section [four]
SIX  of this act, the city school district may select projects, PURSUANT
TO PARAGRAPH (A) OF SECTION FIVE OF THIS ACT to be  undertaken  pursuant
to this act, as provided for in such approved comprehensive plan.  After
the  city school district has selected a new project and plans and spec-
ifications for such project have been prepared and approved by the  city
school  district,  which  are consistent with the approved comprehensive
plan, the city school district shall deliver such plans  and  specifica-
tions  to the city, for approval by such city, acting through the common
council, and after the common council has approved such plans and  spec-
ifications,  the  city shall deliver them to the commissioner for his or
her approval.  After approval by the commissioner, the plans  and  spec-
ifications  shall  be  returned  to  the  city  school district and such
district shall then deliver them to the JSC board.  All such  specifica-
tions  shall  detail  the  number  of  students the completed project is
intended to serve, the site description, the types  of  subjects  to  be
taught,  the types of activities for school, recreational, social, safe-
ty, or other purposes intended to be incorporated in the school building
or on its site and such other information as the city  school  district,
the  city, the common council, and the commissioner shall deem necessary
or advisable.
  (B) NOTWITHSTANDING ANY GENERAL, SPECIAL OR LOCAL LAW TO THE  CONTRARY
AND  UPON  APPROVAL  BY  THE COMPTROLLER PURSUANT TO SECTION SIX OF THIS
ACT, THE CITY SCHOOL DISTRICT MAY SELECT PROJECTS, PURSUANT TO PARAGRAPH
(B) OF SECTION FIVE OF THIS ACT TO BE UNDERTAKEN PURSUANT TO  THIS  ACT,
AS  PROVIDED  FOR  IN  SUCH  APPROVED COMPREHENSIVE PLAN. AFTER THE CITY
SCHOOL DISTRICT HAS SELECTED A NEW PROJECT AND PLANS AND  SPECIFICATIONS
FOR  SUCH  PROJECT  HAVE  BEEN  PREPARED AND APPROVED BY THE CITY SCHOOL
DISTRICT IN CONSULTATION WITH THE CITY ENGINEER,  WHICH  ARE  CONSISTENT
WITH  THE  APPROVED  COMPREHENSIVE  PLAN, THE CITY SCHOOL DISTRICT SHALL
DELIVER SUCH PLANS AND SPECIFICATIONS TO THE COMMISSIONER FOR HIS OR HER
APPROVAL. AFTER APPROVAL BY THE COMMISSIONER, THE PLANS  AND  SPECIFICA-
TIONS SHALL BE DELIVERED TO THE JSC BOARD. ALL SUCH SPECIFICATIONS SHALL
DETAIL  THE  NUMBER  OF  STUDENTS  THE  COMPLETED PROJECT IS INTENDED TO
SERVE, THE SITE DESCRIPTION, THE TYPES OF SUBJECTS  TO  BE  TAUGHT,  THE
TYPES  OF  ACTIVITIES FOR SCHOOL, RECREATIONAL, SOCIAL, SAFETY, OR OTHER
PURPOSES INTENDED TO BE INCORPORATED IN THE SCHOOL BUILDING  OR  ON  ITS
SITE  AND  SUCH OTHER INFORMATION AS THE CITY SCHOOL DISTRICT, THE CITY,
THE COMMON COUNCIL AND THE COMMISSIONER SHALL DEEM NECESSARY  OR  ADVIS-
ABLE.

S. 3435                             5

  S  4. Paragraph (a) of section 8 of part A-4 of chapter 58 of the laws
of 2006 enacting the "city of Syracuse and the board of education of the
city school district of the city of Syracuse cooperative  school  recon-
struction act" is amended to read as follows:
  (a)  Pursuant  to  the authority granted to it by an agreement and any
amendment or supplemental agreement thereto, between the  city  and  the
city  school  district  creating the JSC board with reference to the JSC
board and any amendments to those sections, the JSC board, upon  receipt
of  such plans and specifications for a project from the city, may enter
into contracts ACTING  THROUGH  THE  CITY'S  DIVISION  OF  PURCHASE  AND
SUBJECT  TO  THE APPROVAL OF THE CITY'S ENGINEER AND CORPORATION COUNSEL
on behalf of the city or the city school district,  or  both,  for  such
project.
  S  5.  Subdivisions (a) and (c) of section 9 of part A-4 of chapter 58
of the laws of 2006 enacting the "city of  Syracuse  and  the  board  of
education  of  the  city school district of the city of Syracuse cooper-
ative school reconstruction act" are amended to read as follows:
  (a) Notwithstanding the provisions of any general, special,  or  local
law  to  the contrary, a contract entered into between the JSC board and
any person pursuant to this act may be awarded either pursuant to public
bidding in compliance with section 103 of the general municipal law  or,
in  order to foster major investment in existing school buildings and to
deliver quality products and services that are beneficial  to  the  city
and  the city school district and the public they serve, pursuant to the
following provisions of this act for the award of a  contract  based  on
evaluation of proposals submitted in response to a request for proposals
prepared by or for the JSC board.  PROVIDED, HOWEVER, THAT THE JSC BOARD
SHALL  HAVE  THE OPTION OF OBTAINING PROFESSIONAL SERVICES INCLUDING BUT
NOT LIMITED TO AN INDEPENDENT PROGRAM  MANAGER,  CONSTRUCTION  MANAGERS,
ARCHITECTS,  ENGINEERS,  FINANCIAL  EXPERTS,  AND  DIVERSITY  COMPLIANCE
SERVICES THROUGH THE CITY'S STANDARD REQUEST FOR PROPOSALS PROCESS USING
THE JSC BOARD AS THE APPROVING GOVERNING  BODY  INSTEAD  OF  THE  COMMON
COUNCIL FOR SUCH CONTRACT AWARDS.
  (c)  Prior to the issuance of a request for proposals pursuant to this
act, EXCEPT THOSE ISSUED PURSUANT TO THE  CITY'S  STANDARD  REQUEST  FOR
PROPOSALS,  the  JSC  board shall publish notice of such issuance in the
official newspaper of the city, if any, and in at least one newspaper of
general circulation. Concurrent with the publication of such  notice,  a
draft  request  for  proposals  shall be filed with the JSC board. After
allowing a thirty day comment period  and  an  additional  ten  days  to
review  such  comments,  the JSC board may publish the final request for
proposals and concurrent with such publication shall publish  notice  of
such  issuance  in  the manner specified in this subdivision. Concurrent
with the publication of the  final  request  for  proposals,  a  set  of
comments  filed in relation to the draft request for proposals and find-
ings related to the substantive elements of such comments shall be filed
along with the request for proposals with  the  JSC  board  and  in  the
public library or libraries in proximity to the proposed project.
  S  6. Subdivisions (a) and (d) of section 10 of part A-4 of chapter 58
of the laws of 2006 enacting the "city of  Syracuse  and  the  board  of
education  of  the  city school district of the city of Syracuse cooper-
ative school reconstruction act" are amended to read as follows:
  (a) The JSC board may require a contractor awarded a PUBLIC  contract,
subcontract[,  lease,  grant,  bond,  covenant] or other agreement for a
project to enter into a project labor agreement during and for the  work
involved  with  such  project  when  such requirement is part of the JSC

S. 3435                             6

board's [request for proposals] SPECIFICATIONS for the project and  when
the  JSC  board  determines  that  the record supporting the decision to
enter into such an agreement establishes that it  is  justified  by  the
interests underlying the competitive bidding laws.  IN ADDITION, THE JSC
BOARD  MAY CHOOSE TO EXTEND THE PROJECT LABOR AGREEMENT ENTERED INTO FOR
THE FIRST PHASE OF THE JSC CONSTRUCTION PROJECTS TO THE PROJECTS AUTHOR-
IZED HEREIN.
  (d) Every contract entered into by the JSC board for a  project  shall
contain  a provision that the design of such project shall be subject to
the review and approval of the city school district AND THE  CITY  ENGI-
NEER  and  that  the  design  and construction standards of such project
shall be subject to the review and  approval  of  the  commissioner.  In
addition,  every  such  contract  shall  contain  a  provision  that the
contractor shall furnish a labor and material bond  guaranteeing  prompt
payment of moneys that are due to all persons furnishing labor and mate-
rials pursuant to the requirements of any contracts for a project under-
taken  pursuant  to  this  act  and  a performance bond for the faithful
performance of the 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  city  and  shall  be
open to public inspection.
  S 7. Section 11 of part A-4 of chapter 58 of the laws of 2006 enacting
the  "city  of  Syracuse  and  the board of education of the city school
district of the city of Syracuse cooperative school reconstruction  act"
is amended to read as follows:
  S  11.  (a)  All  contracts entered into by the JSC board for projects
[undertaken pursuant to this act] PURSUANT TO PARAGRAPH (A)  OF  SECTION
FIVE  OF  THIS  ACT  shall be managed by an independent program manager.
Selection of the program manager shall be pursuant  to  the  competitive
process  established  in section seven of this act.  The program manager
shall have experience  in  planning,  designing,  and  constructing  new
and/or  reconstructing  existing  school  buildings,  public facilities,
commercial facilities, and/or  infrastructure  facilities,  and  in  the
negotiation  and  management of labor contracts and agreements, training
programs, educational programs, and physical technological  requirements
for  educational programs. The program manager shall manage all projects
undertaken pursuant  to  this  act,  review  project  schedules,  review
payment schedules, prepare cost estimates and assess the safety programs
of  contractors  and  all  training  programs,  if required. The program
manager shall implement procedures for verification by it that all  work
for which payment has been requested has been satisfactorily completed.
  (b)  ALL  CONSTRUCTION  AND  DESIGN  CONTRACTS ENTERED INTO BY THE JSC
BOARD FOR PROJECTS PURSUANT TO PARAGRAPH (B) OF SECTION FIVE OF THIS ACT
SHALL BE MANAGED BY THE CITY  ENGINEER  IN  AGREEMENT  WITH  THE  SCHOOL
DISTRICT  OR, AT THE DISCRETION OF THE JSC BOARD, AN INDEPENDENT PROGRAM
MANAGER OR CONSTRUCTION MANAGERS SELECTED  FOR  ONE  OR  MORE  PROJECTS.
SELECTION  OF  THE  PROGRAM  MANAGER  AND/OR THE CONSTRUCTION MANAGER OR
MANAGERS SHALL BE PURSUANT  TO  A  COMPETITIVE  PROCESS  ESTABLISHED  IN
ACCORDANCE  WITH THE CITY'S STANDARD REQUEST FOR PROPOSALS PROCESS USING
THE JSC BOARD AS THE APPROVING GOVERNING  BODY  INSTEAD  OF  THE  COMMON
COUNCIL FOR SUCH CONTRACT AWARDS. THE PROGRAM MANAGER SHALL HAVE EXPERI-
ENCE  IN PLANNING, DESIGNING, AND CONSTRUCTING NEW AND/OR RECONSTRUCTING
EXISTING SCHOOL BUILDINGS IN NEW YORK STATE, PUBLIC FACILITIES,  COMMER-
CIAL  FACILITIES,  AND/OR  INFRASTRUCTURE FACILITIES, AND IN THE NEGOTI-
ATION  AND  MANAGEMENT  OF  LABOR  CONTRACTS  AND  AGREEMENTS,  TRAINING
PROGRAMS,  EDUCATIONAL PROGRAMS, AND PHYSICAL TECHNOLOGICAL REQUIREMENTS

S. 3435                             7

FOR EDUCATIONAL PROGRAMS. THE PROGRAM MANAGER SHALL MANAGE ALL  PROJECTS
ASSIGNED BY THE JSC BOARD TO THE PROGRAM MANAGER AND UNDERTAKEN PURSUANT
TO THIS ACT, REVIEW PROJECT SCHEDULES, REVIEW PAYMENT SCHEDULES, PREPARE
COST  ESTIMATES  AND  ASSESS  THE SAFETY PROGRAMS OF CONTRACTORS AND ALL
TRAINING PROGRAMS, IF REQUIRED.  THE  PROGRAM  MANAGER  SHALL  IMPLEMENT
PROCEDURES  FOR  VERIFICATION  BY IT THAT ALL WORK FOR WHICH PAYMENT HAS
BEEN REQUESTED HAS BEEN SATISFACTORILY COMPLETED.    PROVIDED,  HOWEVER,
THAT  THE JSC BOARD MAY CHOOSE TO UTILIZE THE SERVICES OF AN INDEPENDENT
CONSTRUCTION MANAGER AT ONE OR MORE OF THE  PROJECTS  TO  BE  AUTHORIZED
HEREIN  WITH  SAID  CONSTRUCTION MANAGER MANAGING THE PROJECT WITHIN THE
MANAGEMENT PLAN SET FORTH BY THE INDEPENDENT PROGRAM MANAGER AND THE JSC
BOARD.
  (C) The program manager, and its affiliates or subsidiaries,  if  any,
shall  be  prohibited from awarding contracts or being awarded contracts
for or performing any work on projects undertaken pursuant to this act.
  S 8. Section 12 of part A-4 of chapter 58 of the laws of 2006 enacting
the "city of Syracuse and the board of  education  of  the  city  school
district  of the city of Syracuse cooperative school reconstruction act"
is amended to read as follows:
  S 12. Notwithstanding any other provision of law,  building  aid  that
would  otherwise  be payable for the school district portion of expendi-
tures for capital  outlays  and  debt  service  for  [each]  INSTALLMENT
PURCHASE  CONTRACTS; SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 109-B
OF THE GENERAL MUNICIPAL LAW, EXCEPT FOR PARAGRAPH (A) OF SUBDIVISION  3
OF  SUCH  SECTION,  SUBDIVISION  5 OF SUCH SECTION, AND PARAGRAPH (C) OF
SUBDIVISION 6 OF SUCH SECTION, AND EXCEPT TO THE EXTENT SECTION 109-B OF
THE GENERAL MUNICIPAL LAW IS INCONSISTENT WITH THE  PROVISIONS  OF  THIS
ACT.  ALL PROVISIONS WITH REFERENCE TO INSTALLMENT PURCHASE CONTRACTS OR
CERTIFICATES OF PARTICIPATION CONTAINED IN SECTION 109-B OF THE  GENERAL
MUNICIPAL  LAW,  EXCEPT  ANY  PROHIBITION AGAINST USING SUCH INSTALLMENT
PURCHASE CONTRACTS OR CERTIFICATES OF PARTICIPATION FOR THE PURPOSES SET
FORTH IN THIS ACT, SHALL APPLY  TO  INSTALLMENT  PURCHASE  CONTRACTS  OR
CERTIFICATES  OF  PARTICIPATION  ENTERED  INTO OR ISSUED PURSUANT TO THE
AUTHORITY OF THIS SECTION.
  EACH project undertaken pursuant to the  provisions  of  this  act  in
accordance  with  subdivision  6  of  section 3602 of the education law,
shall be paid to the city.
  S 9. Section 13 of part A-4 of chapter 58 of the laws of 2006 enacting
the "city of Syracuse and the board of  education  of  the  city  school
district  of the city of Syracuse cooperative school reconstruction act"
is amended to read as follows:
  S 13.  Notwithstanding any general, special, or local law or ordinance
to the contrary, contracts entered into by the JSC  board  for  projects
undertaken pursuant to this act: (A) MAY BE INITIALLY FUNDED BY THE CITY
FROM  ANY  AVAILABLE  MONIES  OR  FROM  THE PROCEEDS OF CITY OBLIGATIONS
ISSUED IN ANTICIPATION OF PERMANENT FINANCING FROM ANY  SOURCE  PROVIDED
UNDER  THE ACT AND THE REIMBURSEMENT TO THE CITY OF ANY AVAILABLE MONIES
SO ADVANCED OR THE PAYMENT OF OBLIGATIONS OF THE CITY ISSUED  IN  ANTIC-
IPATION  OF  PERMANENT  FINANCING  (INCLUDING PERMANENT FINANCING ISSUED
THROUGH THE CITY OF SYRACUSE  INDUSTRIAL  DEVELOPMENT  AGENCY  FOR  SUCH
PURPOSE) IS HEREBY SPECIFICALLY AUTHORIZED, AND (B) (1) may be funded by
certificates  of  participation issued by the city pursuant to this act;
(2) may be installment purchased contracts; and (3) shall be subject  to
the provisions of section 109-b of the general municipal law, except for
paragraph  (a)  of  subdivision 3 of such section, subdivision 5 of such
section, and paragraph (c) of subdivision 6 of such section, and  except

S. 3435                             8

to the extent section 109-b of the general municipal law is inconsistent
with  the  provisions  of  this  act.  All  provisions with reference to
installment  purchase  contracts  or   certificates   of   participation
contained  in  section  109-b  of  the general municipal law, except any
prohibition against using such installment purchase contracts or certif-
icates of participation for the purposes set forth in  this  act,  shall
apply to installment purchase contracts or certificates of participation
entered into or issued pursuant to the authority of this section of this
act.
  S  10. Section 14 of part A-4 of chapter 58 of the laws of 2006 enact-
ing the "city of Syracuse and the board of education of the city  school
district  of the city of Syracuse cooperative school reconstruction act"
is amended by adding a new paragraph (c) to read as follows:
  (C) PAYMENT OF DEBT SERVICE  ON  BONDS,  NOTES  OR  OTHER  OBLIGATIONS
ISSUED  TO SECURE FINANCING FOR PROJECTS UNDERTAKEN PURSUANT TO THIS ACT
SHALL NOT BE CONSIDERED WHEN  DETERMINING  THE  "CITY  AMOUNT"  REQUIRED
PURSUANT  TO  SUBPARAGRAPH  (II)  OF  PARAGRAPH  A OF SUBDIVISION 5-B OF
SECTION  2576  OF  THE  EDUCATION  LAW;  PROVIDED,  HOWEVER,  THAT  THIS
PROVISION  SHALL  NOT  OTHERWISE  AFFECT THE DETERMINATION OF SAID "CITY
AMOUNT" WITH RESPECT TO FUNDING UNRELATED TO PROJECTS UNDERTAKEN  PURSU-
ANT TO THIS ACT.
  S  11.  Subdivision (a) of section 16 of part A-4 of chapter 58 of the
laws of 2006 enacting the "city of Syracuse and the board  of  education
of  the  city school district of the city of Syracuse cooperative school
reconstruction act" is amended to read as follows:
  (a) Notwithstanding any limitations contained in article 18-A  of  the
general  municipal  law,  including subdivisions 4[,] AND 12 [and 13] of
section 854 and section 926 of the  general  municipal  law,  a  project
undertaken  pursuant  to  this act shall be a "project" within the defi-
nition and for the purposes of subdivision  4  of  section  854  of  the
general  municipal  law, which may be financed OR REFINANCED by the city
of Syracuse industrial development agency or any successor agency there-
to AND THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY  IS  EXPRESSLY
AUTHORIZED  TO  REFINANCE OBLIGATIONS ISSUED BY THE CITY IN ANTICIPATION
OF FINANCING AUTHORIZED BY THIS ACT AND/OR REIMBURSE THE CITY FOR MONIES
ADVANCED BY THE CITY FOR PROJECTS UNDERTAKEN PURSUANT TO  THIS  ACT.  In
connection  with  the  city  of  Syracuse  industrial development agency
financing the costs of any project undertaken pursuant to this act,  the
city  and  the  city  school  district  may grant a leasehold or license
interest in the project  and  school  building  site  constituting  such
project  to  the  city  of Syracuse industrial development agency.   All
contracts involving any such projects shall be awarded by the JSC  board
pursuant  to  the  competitive [process] PROCESSES outlined in [section]
SECTIONS seven, EIGHT AND NINE of this act [and shall  comply  with  the
provisions of section eight of this act].  A project undertaken pursuant
to this act may be financed through a special program agreement with the
state  of New York municipal bond bank agency pursuant to the provisions
of section 2435-a of the public authorities law. It shall  be  the  duty
of  the  JSC board, the city school district and the city to compare the
financing available for such  projects  through  the  city  of  Syracuse
industrial development agency with financing available through the state
of  New  York  municipal  bond  bank agency, and to employ the financing
mechanism that will result in the lowest cost to the  taxpayers  of  the
city  and  the  state.  It  shall be the duty of the JSC board, the city
school district, the city and the city of Syracuse  industrial  develop-
ment  agency  to  share  with  the state of New York municipal bond bank

S. 3435                             9

agency any information in their possession that is required by the state
of New York municipal bond bank agency to determine the cost of  financ-
ing  such projects and to compute the interest rate that would have been
applicable  to  a  bond issuance by the state of New York municipal bond
bank agency in the event that financing is obtained through the city  of
Syracuse  industrial  development  agency.   Any failure to provide such
information within thirty days of receipt of a request from the state of
New York municipal bond bank agency shall be deemed to be a  failure  of
the city school district to submit the data needed to compute the appor-
tionment of state building aid, and the commissioner shall withhold such
apportionment until such information is fully submitted. Upon request of
the  city school district, the director of the state of New York munici-
pal bond bank agency shall submit such reports as the  commissioner  may
require  on the financing of such projects and/or the interest rate that
would have been applicable to such projects if they  had  been  financed
through such agency.
  S  12. Section 19 of part A-4 of chapter 58 of the laws of 2006 enact-
ing the "city of Syracuse and the board of education of the city  school
district  of the city of Syracuse cooperative school reconstruction act"
is amended to read as follows:
  S  19.  (A)  On  January  15,  2007  and  annually  thereafter,  until
completion  of the [seven] projects authorized pursuant to this act, the
JSC board shall issue a report to the  governor,  the  comptroller,  the
commissioner,  the temporary president of the senate, the speaker of the
assembly, the city, the common council and the city school  district  on
the  progress  and  status  of the projects undertaken by the JSC board.
Provided further, that if any such entities request information  on  the
progress  and  status  of the projects prior to such report, it shall be
provided to such entities by the JSC board.
  [In addition, on]  (B)  ON  or  before  June  30,  2014  or  upon  the
completion  of the [seven] projects authorized pursuant to PARAGRAPH (A)
OF SECTION FIVE OF this act, whichever shall first occur, the JSC  board
shall  issue  a report to the city, the city school district, the gover-
nor, the commissioner, the comptroller, the temporary president  of  the
senate,  the minority leader of the senate, the speaker of the assembly,
the minority leader of the assembly, the state board of regents, and the
chairs and ranking minority members of the New  York  state  senate  and
assembly  committees on education, the finance committee of the New York
state senate, and the ways and means committee of  the  New  York  state
assembly.  Such report shall identify the fiscal and pedagogical results
of the projects undertaken pursuant to this act, along with  recommenda-
tions for its continuance, amendments, or discontinuance.
  (C)  ON OR BEFORE JUNE 30, 2020 OR UPON THE COMPLETION OF THE PROJECTS
AUTHORIZED PURSUANT TO PARAGRAPH (B) OF SECTION FIVE OF THIS ACT, WHICH-
EVER SHALL FIRST OCCUR, THE JSC BOARD SHALL ISSUE A REPORT TO THE  CITY,
THE  CITY  SCHOOL  DISTRICT,  THE  GOVERNOR, THE COMMISSIONER, THE COMP-
TROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY  LEADER  OF
THE  SENATE,  THE  SPEAKER  OF  THE ASSEMBLY, THE MINORITY LEADER OF THE
ASSEMBLY, THE STATE BOARD OF REGENTS, AND THE CHAIRS AND RANKING MINORI-
TY MEMBERS OF THE NEW YORK  STATE  SENATE  AND  ASSEMBLY  COMMITTEES  ON
EDUCATION,  THE  FINANCE COMMITTEE OF THE NEW YORK STATE SENATE, AND THE
WAYS AND MEANS COMMITTEE OF THE NEW YORK  STATE  ASSEMBLY.  SUCH  REPORT
SHALL IDENTIFY THE FISCAL AND PEDAGOGICAL RESULTS OF THE PROJECTS UNDER-
TAKEN  PURSUANT  TO THIS ACT, ALONG WITH RECOMMENDATIONS FOR ITS CONTIN-
UANCE, AMENDMENTS, OR DISCONTINUANCE.
  S 13. This act shall take effect immediately.

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