senate Bill S3435C

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:
A4772C
Versions:
S3435
S3435A
S3435B
S3435C
Legislative Cycle:
2013-2014
Law Section:
Education
Laws Affected:
Amd Chap 58 of 2006, generally

Sponsor Memo

BILL NUMBER:S3435C

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
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, 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 H 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
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.

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--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  AVELLA,  VALESKY  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Education  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- reported favorably from said committee and  committed  to
  the  Committee  on  Finance  --  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05782-14-3

S. 3435--C                          2

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
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
NECESSARY FOR 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

S. 3435--C                          3

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
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]  PARAGRAPH  (a)  of  SUBDIVISION ONE 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

S. 3435--C                          4

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-
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 PARAGRAPH (A) OF SUBDIVISION TWO  OF  THIS  SECTION  TO  THE
COMPTROLLER,  ALONG  WITH  ANY  OTHER INFORMATION REQUESTED BY THE COMP-
TROLLER, 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

S. 3435--C                          5

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
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],
may  enter into contracts ACTING THROUGH THE CITY'S DIVISION 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. 3435--C                          6

  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
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,  CONTINGENT  UPON THE COMPLETION OF A SUPPLEMENTAL PROJECT
LABOR AGREEMENT BENEFITS ANALYSIS.
  (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

S. 3435--C                          7

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 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  SUBDIVISION  (A)  OF SECTION FIVE OF this act,
review project schedules, review payment schedules, prepare  cost  esti-
mates  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  SUBDIVISION  (B)  OF SECTION FIVE OF THIS ACT, REVIEW PROJECT SCHED-
ULES, 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 SATISFAC-
TORILY 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

S. 3435--C                          8

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. Intentionally omitted.
  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
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

S. 3435--C                          9

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  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

S. 3435--C                         10

(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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