senate Bill S3435A

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

See Assembly Version of this Bill:
A4772A
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:S3435A

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. The Syracuse Industrial Development Agency (SIDA) is also
authorized to borrow funds to reimburse the City for bond anticipation
notes. Additionally, language has been included to prevent cost
overruns in 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
superintendent. This section also amends the duties of the "program
manager".

Section 2: States that phase II 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, and the State Comptroller. This section also
includes language to prevent project cost overruns.

Section 4: Allows the JSCB upon receipt of plans and specifications
for a project from the commissioner 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. SIDA is also authorized to reimburse the City for
these bond anticipation notes.

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
subdivision 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. It
also allows SIDA to borrow funds to reimburse the City for bond
anticipation notes.

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 II. 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 legislation 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--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  VALESKY  --  read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee

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 SCHOOLS 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05782-06-3

S. 3435--A                          2

PLEASURE  OF  THE  MAYOR AND THE SUPERINTENDENT FOR A TERM NOT EXCEEDING
ONE YEAR. TO ENSURE FLEXIBILITY AND CONTINUITY,  THE  MAYOR  AND/OR  THE
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 SUBDIVISION (A) OF SECTION FIVE OF THIS ACT, no more than
nine million dollars, AND, FOR PROJECTS IDENTIFIED IN SUBDIVISION (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  SUBDI-
VISION  (A)  OF  SECTION  FIVE  OF  THIS ACT occurs, the JSC board shall
develop 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-

S. 3435--A                          3

gation  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) 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  SUBDIVISION
(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

S. 3435--A                          4

(B)  OF SECTION EIGHT OF THIS ACT, TO DEVELOP DIVERSITY GOALS, INCLUDING
APPROPRIATE COMMUNITY INPUT AND PUBLIC DISCUSSION, AND  DEVELOP  STRATE-
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 SUBDIVISION (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 SUBDIVI-
SION (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

S. 3435--A                          5

SITE AND SUCH OTHER INFORMATION AS THE CITY SCHOOL  DISTRICT,  THE  CITY
ENGINEER, AND THE COMMISSIONER SHALL DEEM NECESSARY OR ADVISABLE.
  (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
TOTAL  PROJECT  COST ASSOCIATED WITH THE PROJECTS AUTHORIZED PURSUANT TO
SUBDIVISION (B) OF SECTION FIVE OF THIS ACT EXCEEDS THE ESTIMATED  TOTAL
PROJECT  COST  OF  300  MILLION DOLLARS, THEN THE JSC BOARD SHALL REPORT
SUCH INFORMATION, ALONG WITH  EXPLANATORY  DOCUMENTATION  REGARDING  THE
INCREASE  IN  COST, TO THE GOVERNOR, THE NEW YORK STATE COMPTROLLER, THE
COMMISSIONER, THE TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF
THE ASSEMBLY.
  (D)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
JSC BOARD SHALL SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS  AUTHOR-
IZED  PURSUANT  TO SUBDIVISION (B) OF SECTION FIVE OF THIS ACT AFTER THE
COMPLETION OF SCHEMATIC PLANS  AND  SPECIFICATIONS  FOR  REVIEW  BY  THE
COMMISSIONER.  IF  THE TOTAL PROJECT COSTS ASSOCIATED WITH SUCH PROJECTS
EXCEED THE SUM OF THE ESTIMATED INDIVIDUAL APPROVED  COST  ALLOWANCE  OF
EACH  BUILDING  PROJECT BY MORE THAN THE LESSER OF 30 MILLION DOLLARS OR
TEN PERCENT OF THE APPROVED COSTS, AND THE CITY SCHOOL DISTRICT HAS  NOT
OTHERWISE  DEMONSTRATED TO THE SATISFACTION OF THE NEW YORK STATE EDUCA-
TION DEPARTMENT THE AVAILABILITY OF ADDITIONAL  LOCAL  SHARES  FOR  SUCH
EXCESS  COSTS, THEN THE JSC BOARD SHALL NOT PROCEED WITH THE PREPARATION
OF FINAL PLANS AND SPECIFICATIONS FOR SUCH PROJECTS UNTIL  THE  PROJECTS
HAVE  BEEN  REDESIGNED  OR  VALUE-ENGINEERED TO REDUCE ESTIMATED PROJECT
COSTS SO AS NOT TO EXCEED THE ABOVE COST LIMITS.
  (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
JSC  BOARD SHALL SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS AUTHOR-
IZED PURSUANT TO SUBDIVISION (B) OF SECTION FIVE OF THIS ACT  AFTER  THE
COMPLETION  OF  FIFTY  PERCENT OF THE FINAL PLANS AND SPECIFICATIONS FOR
REVIEW BY THE COMMISSIONER. IF THE TOTAL PROJECT COSTS  ASSOCIATED  WITH
SUCH  PROJECTS  EXCEED THE SUM OF THE ESTIMATED INDIVIDUAL APPROVED COST
ALLOWANCE OF EACH BUILDING PROJECT BY MORE THAN THE LESSER OF 30 MILLION
DOLLARS OR TEN PERCENT OF  THE  APPROVED  COSTS,  AND  THE  CITY  SCHOOL
DISTRICT  HAS  NOT OTHERWISE DEMONSTRATED TO THE SATISFACTION OF THE NEW
YORK STATE EDUCATION DEPARTMENT THE  AVAILABILITY  OF  ADDITIONAL  LOCAL
SHARE  FOR  SUCH EXCESS COSTS, THEN THE JSC BOARD SHALL NOT PROCEED WITH
THE COMPLETION OF THE REMAINING FIFTY PERCENT OF THE PLANS AND  SPECIFI-
CATIONS  FOR  SUCH  PROJECTS  UNTIL THE PROJECTS HAVE BEEN REDESIGNED OR
VALUE-ENGINEERED TO REDUCE ESTIMATED PROJECT COSTS SO AS NOT  TO  EXCEED
THE ABOVE COST LIMITS.
  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]  THE  JSC  board,  upon
receipt  of  such plans and specifications for a project from the [city]
COMMISSIONER, may enter into contracts ACTING THROUGH THE  CITY'S  DIVI-
SION  OF  PURCHASE  AND SUBJECT TO THE APPROVAL OF THE CITY 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:

S. 3435--A                          6

  (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
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

S. 3435--A                          7

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 SUBDIVISION (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 SUBDIVISION (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
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

S. 3435--A                          8

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
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 subdivision (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

S. 3435--A                          9

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 by the city of Syracuse
industrial development agency or any successor agency  thereto  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 compet-
itive [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 development agency to share with the state
of New  York  municipal  bond  bank  agency  any  information  in  their
possession that is required by the state of New York municipal bond bank
agency  to  determine the cost of financing 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  develop-
ment 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 apportionment 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  municipal  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 agen-
cy.

S. 3435--A                         10

  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  SUBDIVISION
(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
governor,  the commissioner, the comptroller, the temporary president of
the senate, the minority leader of the senate, the speaker of the assem-
bly, 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
recommendations for its continuance, amendments, or discontinuance.
  (C)  ON OR BEFORE JUNE 30, 2020 OR UPON THE COMPLETION OF THE PROJECTS
AUTHORIZED PURSUANT TO SUBDIVISION (B) 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  GOVERNOR,  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 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; provided, however, that
all resolutions, actions, obligations and approvals of the JSC board, as
defined in subdivision (f) of section 4 of part A-4 of chapter 58 of the
laws of 2006, as amended in section one of this act, taken prior to  the
effective  date of this act shall remain in full force and effect and be
treated as resolutions,  actions,  obligations  and  approvals  of  such
board.

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