senate Bill S7859A

Signed by Governor

Relates to phase two of the construction projects undertaken by the Rochester joint schools construction board

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 16 / Jun / 2014
    • REFERRED TO RULES
  • 16 / Jun / 2014
    • AMEND AND RECOMMIT TO RULES
  • 16 / Jun / 2014
    • PRINT NUMBER 7859A
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1629
  • 19 / Jun / 2014
    • PASSED SENATE
  • 19 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A10083A
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.513
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 05 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 17 / Dec / 2014
    • SIGNED CHAP.533

Summary

Relates to phase two of the construction projects undertaken by the Rochester joint schools construction board.

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Bill Details

See Assembly Version of this Bill:
A10083A
Versions:
S7859
S7859A
Legislative Cycle:
2013-2014
Law Section:
Education Law
Laws Affected:
Amd Chap 416 of 2007, generally; amd ยง3602, Ed L

Sponsor Memo

BILL NUMBER:S7859A

TITLE OF BILL: An act to amend chapter 416 of the laws of 2007 estab-
lishing the city of Rochester and the board of education of the city
school district of the city of Rochester school facilities modernization
program act; and to amend the education law, in relation to construction
projects of the Rochester joint schools construction board

Purpose: This legislation authorizes Phase 2 of the City of Rochester
school facilities modernization program, allowing for the expenditure of
up to $435 million for the reconstruction of up to 26 schools in the
City School District. It also amends the governance structure of the
program to make it more accountable and transparent.

Existing Law: Chapter 416 of 2007 which authorizes the Rochester school
facilities modernization program, Phase 1

Summary of Provisions:

Section 1 Definitions (Amends Section 2 of Chapter 416 of 2007) Subdivi-
sion (g), Projects, is amended to expand the definition in respect to
the acquisition of equipment to include "items located at sites not
within a project that will allow the RSC board to conduct district-wide
improvements to benefit existing school buildings and/or the acquisition
of additional real property by the city to facilitate the project."

Subdivision (i), Program Manager, is amended to add to additional
responsibilities including "developing and managing a financial plan to
maximize the efficient use of state building aid" and "managing the
project budget."

Subdivision (j), Independent compliance officer (ICO), is amended to
ensure that the responsibilities of the ICO include auditing contractors
and subcontractors as related to MWBE compliance in construction and
reconstruction projects like those to be undertaken and contracted for
by the RJSCB pursuant to this Act.

New subdivisions (k) (1)(m)(n)(o) are added. They provide definitions
for "Professional Services", "Mayor", "Superintendent" "Rochester City
School District Board" and "Rochester City Council".

Section 2. Rochester Joint Schools Constructions Board (Amends Section 3
of Chapter 416 of 2007). Subdivision (b) is amended to stagger the
appointments of the RJSCB members to provide for continuity.

Section 3. Powers of the Joint Board (Amends Section 3 of Chapter 416 of
2007). Subdivision (c) is amended to authorize the RJSCB to engage an
executive director or appoint an advisory staff of city and school
district employees to provide oversight of the program manager.

Section 4 (Amends Sections 4,5,6,7,8,9,10,11 & 13 of Chapter 416 of
2007.)

Project Authorization (Amends Section 4 of Chapter 416 of 2007).
Provides for a phase two, including 26 new projects with a total cost
not to exceed $435 million.

Comprehensive school facilities modernization plan (Amends Section 5 of
Chapter 416 of 2007). Requires RCSD to submit a comprehensive draft plan
to the RJSCB board of projects to be undertaken in Phase two, and
provides that the RJSCB shall consider the plan in developing a compre-
hensive school modernization plan. Subdivision (a) extends the same
provision of chapter 66 of the laws of 2012, which affirmed that FMP
debt service for projects up to $325 million would not be included in
the City's maintenance of effort obligation to the RSCD, to the $425
million phase two debt service cost. Subdivision (d) is amended to
provide that the RJSCB may extend the engagement of the consultants that
provided professional services, with the exception of the program manag-
er and independent compliance officer, for phase one, upon the adoption
of findings that doing so would be in the public interest.

Project selection (Amends Section 6 of Chapter 416 of 2007). Provides
that specific project specifications be submitted to the mayor and
superintendent for review "to ensure that sufficient resources exist to
cover the local share of any such project cost on an annual basis and
that the plan meets program needs." This plan shall be subject to the
approval of the Superintendent and Commissioner.

Contracts generally. (Amends Section 9 of Chapter 416 of 2007). Subdi-
vision (a) is amended to provide that "the RSC board may extend the
requirements of the PLA entered into for phase one projects to the
projects authorized in phase two"

Program managers (Amends Section 10 of Chapter 416 of 2007). Subdivi-
sion (a) is amended to provide for a new competitive selection process
for the phase two program manager; and that the program manager operates
within a budget approved by the superintendent; and that the superinten-
dent may establish reasonable guidelines or limits on incidental costs
to assure that such costs for each projects do not exceed the state's
maximum incidental cost allowance, in order to maximize efficient use of
state building aid.

Independent compliance officer (Amends Section 11 of Chapter 416 of
2007).The responsibilities of the Independent compliance officer (ICO)
are further clarified. This section is also amended to require the ICO
to report to the RJSCB on a monthly basis

Section 5 & 6. COMIDA Amended to authorize use of "bond anticipation
notes".

Section 7. Reporting requirements

Section 9. Sets an immediate effective date.

Justification: Chapter 416 of 2007 authorized the first of two phases
of construction toto rebuild the public schools in the City of Roches-
ter. It has long been recognized that a healthy and welcoming learning
environment promotes greater educational attainment. Phase 1 of the
Facilities Modernization Program, which is managed by the Rochester
Joint School Construction Board and is still ongoing, has involved the
investment of $325 million for the reconstruction or rehabilitation of
13 schools in Rochester. Phase two of the program will involve rebuild-
ing 26 schools in the City, at a cost of up to $435 million.

Passage of this legislation is necessary to prevent a lapse in
construction and will allow for a seamless transition from Phase 1 to
Phase 2. This legislation continues and improves many of the oversights
of the current program to ensure transparency and accountability.

Legislative History: Phase One of this Program was authorized through
Chapter 416 of 2007.

Fiscal Implications: Total cost to the State and Local government to be
determined. This legislation authorizes construction totaling no more
than $435 million, most of which will be borne by the State of New York.

EFFECTIVE DATE:

Immediately.

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

                                 7859--A

                            I N  S E N A T E

                              June 16, 2014
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend chapter 416 of the laws of 2007 establishing the city of
  Rochester  and  the  board of education of the city school district of
  the city of Rochester school facilities modernization program act; and
  to amend the education law, in relation to  construction  projects  of
  the Rochester joint schools construction board

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

  Section 1. Subdivisions (e), (g), (i) and (j) of section 2 of  chapter
416 of the laws of 2007 establishing the city of Rochester and the board
of education of the city school district of the city of Rochester school
facilities  modernization program act, are amended and five new subdivi-
sions (k), (l), (m), (n) and (o) are added to read as follows:
  (e) "[RSC board] RJSCB" shall  mean  the  joint  schools  construction
board  of the city and the city school district, acting as agent for the
city, the city school district, or both, created  by  section  three  of
this act.
  (g) "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 existing school buildings for
such  continued  use  and which also may include (1) the construction or
reconstruction of athletic fields, playgrounds, and  other  recreational
facilities  for such existing school buildings[,]; and/or (2) the acqui-
sition and installation of all equipment necessary and attendant to  and
for  the use of such existing school building, INCLUDING BUT NOT LIMITED
TO ITEMS LOCATED AT SITES NOT WITHIN A PROJECT THAT WILL ALLOW THE RJSCB
TO CONDUCT DISTRICT-WIDE TECHNOLOGY  IMPROVEMENTS  TO  BENEFIT  EXISTING
SCHOOL BUILDINGS; AND/OR (3) THE ACQUISITION OF ADDITIONAL REAL PROPERTY
BY THE CITY TO FACILITATE THE PROJECT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15564-12-4

S. 7859--A                          2

  (i)  "Program  manager"  shall  mean an independent program management
firm hired by the [RSC board] RJSCB to assist it in: (i) developing  and
implementing  procedures  for the projects undertaken and contracted for
by the [RSC board] RJSCB; (ii) reviewing plans  and  specifications  for
projects;  (iii)  developing and implementing policies and procedures to
utilize employment resources to provide sufficient skilled employees for
such projects including developing and implementing  training  programs,
if  required;  [and] (iv) managing such projects; AND (V) PROVIDING SUCH
PLANNING, DESIGN, FINANCING, AND OTHER SERVICES AS MAY BE APPROPRIATE TO
IMPLEMENT ONE OR MORE CONSTRUCTION OR RECONSTRUCTION  PROJECTS  PURSUANT
TO THIS ACT.
  (j)  "Independent  compliance  officer" shall mean [a person] AN INDE-
PENDENT FIRM HIRED BY THE RJSCB with  an  in-depth  knowledge  base  and
breadth  of  experience  conducting  minority  and  women-owned business
enterprise (MWBE) and disadvantaged business enterprise  (DBE)  utiliza-
tion  compliance  monitoring  for public contracts within New York state
including school districts AND AUDITING CONTRACTORS  AND  SUBCONTRACTORS
IN  CONSTRUCTION AND RECONSTRUCTION PROJECTS LIKE THOSE TO BE UNDERTAKEN
AND CONTRACTED FOR BY THE RJSCB PURSUANT TO THIS ACT.
  (K) "PROFESSIONAL SERVICES"  SHALL  MEAN  ACCOUNTING,  LEGAL,  PROGRAM
MANAGEMENT,  AND  OTHER  SUCH  SERVICES PROVIDED BY A FORMALLY CERTIFIED
MEMBER OF SUCH PROFESSIONAL ORGANIZATION.
  (L) "MAYOR" SHALL MEAN THE MAYOR OF THE CITY OF ROCHESTER.
  (M) "SUPERINTENDENT" SHALL MEAN THE SUPERINTENDENT  OF  THE  ROCHESTER
CITY SCHOOL DISTRICT.
  (N)  "ROCHESTER  CITY  SCHOOL  DISTRICT  BOARD" SHALL MEAN THE ELECTED
BOARD OF THE ROCHESTER CITY SCHOOL DISTRICT.
  (O) "ROCHESTER CITY COUNCIL" SHALL MEAN THE ELECTED  COUNCIL  FOR  THE
CITY OF ROCHESTER.
  S  2. Subdivisions (a) and (b) of section 3 of chapter 416 of the laws
of 2007 establishing the city of Rochester and the board of education of
the city school district of the  city  of  Rochester  school  facilities
modernization program act, are amended to read as follows:
  (a) For the benefit of the city of Rochester and the inhabitants ther-
eof,  a  board  to  be known as the Rochester joint schools construction
board, and sometimes referred to as the [RSC  board]  RJSCB,  is  hereby
established  for  the accomplishment of any of the purposes specified in
this act. It shall have the powers and duties now or hereafter conferred
by subdivision (c) of this section. The board, its members, officers and
employees and its operations and activities shall  in  all  respects  be
governed by the provisions of this act.
  (b)  Such  board  shall  be composed of seven voting members: three of
whom shall be appointed by the mayor of the city; three of whom shall be
appointed by the superintendent of the board of education  of  the  city
school district; AND one of whom shall be independent from both the city
school  district and the city but who shall have been agreed upon by the
mayor and the superintendent; and one non-voting member who shall be the
independent compliance officer, or the representative of the independent
compliance officer. One of the voting members shall be chosen,  by  such
voting  members,  to  serve  as chair of the board. Members of the board
shall not receive a salary or other compensation for such board  duties,
but shall be entitled to reimbursement for actual and necessary expenses
incurred  in  the performance of his or her board duties. Members of the
board shall not be disqualified from holding public  office  or  employ-
ment, nor shall they forfeit any office or employment by reason of their
appointment,  notwithstanding the provisions of any general, special, or

S. 7859--A                          3

local law, ordinance or city charter to the contrary.  THE BOARD WILL BE
RECONSTITUTED ON THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS  OF  2014
THAT  AMENDED  THIS  SUBDIVISION AND THE TERM OF EACH PRIOR BOARD MEMBER
SHALL  AUTOMATICALLY  EXPIRE  ON SUCH DATE PROVIDED HOWEVER THAT NOTHING
SHALL PRECLUDE THE REAPPOINTMENT OF AN EXISTING BOARD MEMBER.
  S 3. Subdivision (c) of section 3 of chapter 416 of the laws  of  2007
establishing  the  city  of  Rochester and the board of education of the
city school district of the city of Rochester school facilities  modern-
ization  program  act, is amended by adding a new paragraph 6 to read as
follows:
  6. TO ENGAGE AN  EXECUTIVE  DIRECTOR  OR  APPOINT  AN  ADVISORY  STAFF
CONSISTING  OF  CITY AND CITY SCHOOL DISTRICT EMPLOYEES TO PROVIDE OVER-
SIGHT OF THE PROGRAM MANAGER PROVIDED THAT THE EXECUTIVE DIRECTOR  SHALL
NOT  HAVE  BEEN OR BE A MEMBER OF THE RJSCB WITHIN THE TWENTY-FOUR MONTH
PERIOD PRECEDING OR SUBSEQUENT TO SERVING AS THE EXECUTIVE DIRECTOR.
  S 4. Sections 4, 5, 6, 7, 8, 9, 10, 11 and 13 of chapter  416  of  the
laws  of 2007 establishing the city of Rochester and the board of educa-
tion of the city school district of the city of Rochester school facili-
ties modernization program act, section 5 as amended by  chapter  66  of
the laws of 2012, are amended to read as follows:
  S  4.  Project authorization.   No more than: (A) 13 projects, up to a
total cost of three hundred twenty-five million dollars  IN  PHASE  ONE,
AND  (B)  26  PROJECTS,  UP  TO A TOTAL COST OF FOUR HUNDRED THIRTY-FIVE
MILLION DOLLARS IN PHASE TWO, shall be authorized and undertaken  pursu-
ant to this act, unless otherwise authorized by law.
  S  5.  Comprehensive  school  facilities modernization plan.   [Before
formal selection of the projects occurs, the RSC  board  shall  develop]
THE  SUPERINTENDENT SHALL SUBMIT TO THE RJSCB A COMPREHENSIVE DRAFT PLAN
RECOMMENDING AND OUTLINING THE PROJECTS FOR PHASE TWO IT PROPOSES TO  BE
UNDERTAKEN  PURSUANT  TO  THIS ACT. THE RJSCB SHALL CONSIDER THE PLAN IN
DEVELOPING a comprehensive school facilities modernization  plan  recom-
mending  and outlining the projects it proposes to be potentially under-
taken 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 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.  Payment of debt
service on bonds, notes or other obligations issued to secure  financing
of not more than $325,000,000 IN PHASE ONE AND $435,000,000 IN PHASE TWO
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 unre-
lated to projects undertaken pursuant to this act.  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 timeframe 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,
the  independent  compliance  officer and all contractors; PROVIDED THAT

S. 7859--A                          4

THE RJSCB MAY EXTEND THE CONTRACTS  OF  THE  PROVIDERS  OF  PROFESSIONAL
SERVICES FOR PHASE ONE UPON THE ADOPTION OF FINDINGS THAT DOING SO WOULD
BE  IN THE PUBLIC INTEREST; THE CONTRACTS OF THE PROGRAM MANAGER AND THE
INDEPENDENT COMPLIANCE OFFICER FOR PHASE TWO WILL BE REBID, AND PROVIDED
FURTHER  THAT THE PROGRAM MANAGER AND THE INDEPENDENT COMPLIANCE OFFICER
AND ANY NEW OR DIFFERENT PROVIDERS OF  PROFESSIONAL  SERVICES  SHALL  BE
ENGAGED  IN COMPLIANCE WITH THE PROVISIONS OF SECTION EIGHT OF THIS ACT;
(e) any proposed amendments to  the  city  school  district's  five-year
capital  facilities  plan  submitted in accordance with subdivision 6 of
section 3602 of the education law and the regulations of the commission-
er; and (f) a preliminary diversity plan  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  preliminary 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  school  facilities
modernization  plan,  the  [RSC  board] RJSCB AND DISTRICT shall hold as
many public hearings as may be necessary  to  ensure  sufficient  public
input  and  allow  for  significant public discussion on school building
needs in such city, with at least one hearing to be held in each  neigh-
borhood potentially impacted by a proposed project.
  All  projects  proposed in the comprehensive school facilities modern-
ization plan shall be included by the city school district as a  special
section  of  the  district's  five-year  capital facilities plan that is
required pursuant to subdivision 6 of section 3602 of the education  law
and the regulations of the commissioner.
  The  [RSC  board] RJSCB shall submit the components of such comprehen-
sive plan outlined in subdivision (a)  of  this  section  to  the  comp-
troller,  along with any other information requested by the comptroller,
for his or her review and approval.
  S 6.   Project selection.   Notwithstanding any  general,  special  or
local  law to the contrary and upon approval by the comptroller pursuant
to section five of this act, the [RSC board] RJSCB may  select  projects
to  be undertaken pursuant to this act, as provided for in such approved
comprehensive plan. After the [RSC  board]  RJSCB  has  selected  a  new
project and plans and specifications for such project have been prepared
and  approved  by  the  [RSC board] RJSCB, which are consistent with the
approved comprehensive plan, the [RSC board] RJSCB  shall  deliver  such
plans  and  specifications  to  the  SUPERINTENDENT  OF  THE CITY SCHOOL
DISTRICT AND THE MAYOR OF THE CITY OF ROCHESTER  FOR  REVIEW  TO  ENSURE
THAT  SUFFICIENT  RESOURCES  EXIST  TO  PAY  THE LOCAL SHARE OF ANY SUCH
PROJECT COST ON AN ANNUAL BASIS AND THAT THE PLANS MEET  PROGRAM  NEEDS,
AND UPON THE APPROVAL OF THE SUPERINTENDENT, TO THE commissioner for his
or  her approval. After approval by the SUPERINTENDENT AND commissioner,
the plans and specifications shall be returned to the [RSC board] RJSCB.
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,  recre-
ational,  social,  safety, or other purposes intended to be incorporated
in the school building or on its site and such other information as  the
[RSC  board]  RJSCB  and the commissioner shall deem necessary or advis-
able.  THE DISTRICT PROGRAM MANAGER SHALL  ESTABLISH  REASONABLE  GUIDE-
LINES  OR  LIMITS  ON  INCIDENTAL  COSTS  TO ASSURE THAT TO THE GREATEST
EXTENT POSSIBLE SUCH COSTS FOR EACH PROJECT DO NOT  EXCEED  THE  STATE'S

S. 7859--A                          5

MAXIMUM INCIDENTAL COST ALLOWANCE, IN ORDER TO MAXIMIZE EFFICIENT USE OF
STATE BUILDING AID.
  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE RJSCB
SHALL SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS AUTHORIZED  PURSU-
ANT  TO SUBDIVISION (B) OF SECTION FOUR 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 43 MILLION DOLLARS OR TEN PERCENT  OF
THE  APPROVED  COSTS,  AND  THE  CITY  SCHOOL DISTRICT HAS NOT OTHERWISE
DEMONSTRATED TO THE SATISFACTION OF THE EDUCATION DEPARTMENT THE  AVAIL-
ABILITY OF ADDITIONAL LOCAL SHARES FOR SUCH EXCESS COSTS, THEN THE RJSCB
SHALL NOT PROCEED WITH THE PREPARATION OF FINAL PLANS AND SPECIFICATIONS
FOR SUCH PROJECTS UNTIL THE PROJECTS HAVE BEEN REDESIGNED OR VALUE-ENGI-
NEERED  TO  REDUCE ESTIMATED PROJECT COSTS SO AS NOT TO EXCEED THE ABOVE
COST LIMITS.
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE  RJSCB
SHALL  SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS AUTHORIZED PURSU-
ANT TO SUBDIVISION (B) OF SECTION FOUR 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 43 MILLION DOLLARS OR
TEN PERCENT OF THE APPROVED COSTS, AND THE CITY SCHOOL DISTRICT HAS  NOT
OTHERWISE  DEMONSTRATED  TO THE SATISFACTION OF THE EDUCATION DEPARTMENT
THE AVAILABILITY OF ADDITIONAL LOCAL SHARE FOR SUCH EXCESS  COSTS,  THEN
THE  RJSCB  SHALL NOT PROCEED WITH THE COMPLETION OF THE REMAINING FIFTY
PERCENT OF THE 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.
  S 7. Contract authorization.  (a) The [RSC board] RJSCB, upon  receipt
of such approved plans and specifications for a project contained within
the  comprehensive  school facilities modernization plan, may enter into
contracts on behalf of the city or the city school  district,  or  both,
for such project.
  (b)  Notwithstanding  the provisions of any other general, special, or
local law to the contrary, relating to the length, duration,  and  terms
of  contracts  that the city or the city school district may enter into,
the [RSC board] RJSCB, on  behalf  of  the  city  and  the  city  school
district,  is  hereby  authorized  and empowered to enter into contracts
relating to projects undertaken pursuant to this act  with  any  person,
upon  such  terms and conditions and for such consideration and for such
terms and duration, not to exceed thirty years, as may be agreed upon by
the [RSC board] RJSCB and such person, whereby such  person  is  granted
the right to design, reconstruct, rehabilitate, equip, finance or manage
one or more projects in accordance with the design, plans and specifica-
tions  for  such  projects  approved  by  the  [RSC board] RJSCB and the
commissioner, as set  forth  in  section  six  of  this  act.  All  such
contracts shall comply with the provisions of section nine of this act.
  (c)  In  the  event the [RSC board] RJSCB shall cease to exist for any
reason whatsoever during the life of such contracts as  it  has  entered
into  pursuant to this act, such contract shall remain in full force and
effect and the city school district and the  city  shall  stand  in  the
place  and stead of the [RSC board] RJSCB with respect to all rights and
obligations under such contracts and with respect to all powers  granted
to  the  [RSC  board]  RJSCB  by  this act; provided, however, that such

S. 7859--A                          6

powers are exercised by the city and the city  school  district  jointly
and  pursuant  to  their  respective  jurisdictions and the general laws
applicable thereto, except as modified by this act.
  S  8.  Public  bidding.    Any  contract entered into between the [RSC
board] RJSCB and any person pursuant to this act shall be awarded pursu-
ant to public bidding in compliance with  section  103  of  the  general
municipal law.
  S  9.  Contracts  generally.    Notwithstanding  the provisions of any
general, special, or local law or judicial decision to the contrary:
  (a) The [RSC board] RJSCB may require a contractor, as a condition  to
being  awarded  a contract, subcontract, lease, grant, bond, covenant or
other agreement for a project to enter into a  project  labor  agreement
for  the  work  involved with such project when such requirement is made
part of the bid specifications for the project and when the [RSC  board]
RJSCB  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 RJSCB MAY
REVISE AND EXTEND  THE  REQUIREMENTS  OF  THE  PROJECT  LABOR  AGREEMENT
ENTERED  INTO FOR PHASE ONE PROJECTS TO THE PROJECTS AUTHORIZED IN PHASE
TWO, CONTINGENT UPON THE COMPLETION  OF  A  SUPPLEMENTAL  PROJECT  LABOR
AGREEMENT BENEFIT ANALYSIS.
  (b)  Any  contract, subcontract, lease, grant, bond, covenant or other
agreement for projects undertaken pursuant to  this  act  shall  not  be
subject to section 101 of the general municipal law when the [RSC board]
RJSCB  has  chosen  to  require  a  project labor agreement, pursuant to
subdivision (a) of this section. This exemption shall only apply to  the
projects undertaken pursuant to this act and shall not apply to projects
undertaken by any other school district or municipality unless otherwise
specifically authorized.
  (c)  Whenever the [RSC board] RJSCB enters in a contract, subcontract,
lease, grant, bond, covenant or other agreement  for  the  construction,
reconstruction,  demolition,  excavation,  rehabilitation, repair, reno-
vation, alteration, or improvement for a project undertaken pursuant  to
this  act,  it  shall  be  deemed  to  be a public works project for the
purposes of article 8 of the labor law, and all the provisions of  arti-
cle 8 of the labor law shall be applicable to all the work involved with
such  project  including the enforcement of prevailing wage requirements
by the state department of labor.
  (d) Every contract entered into by RESOLUTION OF the [RSC board for  a
project]  RJSCB FOR CONSTRUCTION OR RECONSTRUCTION OF A PROJECT PURSUANT
TO THIS ACT shall contain a provision that the design  of  such  project
shall  be subject to the review and approval of the city school district
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 FOR CONSTRUCTION OR RECONSTRUCTION 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  materials  pursuant  to  the requirements of any
contracts for a project  undertaken  pursuant  to  this  section  and  a
performance  bond  for  the  faithful  performance of the project, which
shall conform to the provisions of section 103-f of the general  munici-
pal  law, and that a copy of such performance and payment bonds shall be
kept by the [RSC board] RJSCB and shall be open to public inspection.
  (e) For the purposes of article 15-A of the executive law, any  person
entering  into  a contract for a project authorized pursuant to this act
shall be deemed a state agency as that term is defined in  such  article

S. 7859--A                          7

and such contracts shall be deemed state contracts within the meaning of
that term as set forth in such article.
  (f)  Notwithstanding  the  provisions of this act or of any general or
special law to the  contrary,  for  any  contract,  subcontract,  lease,
grant,  bond,  covenant  or  other  agreement  for  construction, recon-
struction, demolition, excavation, rehabilitation,  repair,  renovation,
alteration,  or  improvement  with  respect  to  each project undertaken
pursuant to this act, the [RSC board] RJSCB shall consider the financial
and  organizational  capacity  of  contractors  and  subcontractors   in
relation  to  the  magnitude  of  work  they  may perform, the record of
performance of contractors and  subcontractors  on  previous  work,  the
record  of  contractors  and  subcontractors  in complying with existing
labor standards and maintaining  harmonious  labor  relations,  and  the
commitment of contractors to work with minority and women-owned business
enterprises  pursuant to article 15-A of the executive law through joint
ventures or subcontractor relationships.   The [RSC board]  RJSCB  shall
further  require,  on  any contract in excess of one million dollars for
construction, reconstruction,  demolition,  excavation,  rehabilitation,
repair,  renovation, alteration, or improvement that each contractor and
subcontractor shall participate in apprentice training programs  in  the
trades  of  work  it  employs that: have been approved for not less than
three years by the state department of labor; have  graduated  at  least
one  apprentice  in  the  last  3  years;  have  at least one apprentice
currently enrolled in such apprentice training program; and have  demon-
strated  that  the  program  has made significant efforts to attract and
retain minority apprentices.
  S 10. Program managers.  (a) All contracts entered into by  RESOLUTION
OF  the [RSC board] RJSCB for projects FOR PHASE TWO undertaken pursuant
to this act shall be managed by  an  independent  program  manager.  The
selection  of  the  program manager shall be pursuant to the competitive
process established in section eight of this act. PRIOR TO  ISSUANCE  OF
THE  CONTRACT,  THE  PROGRAM  MANAGER  SELECTED SHALL BE APPROVED BY THE
SUPERINTENDENT, MAYOR,  CITY  COUNCIL  AND  THE  ROCHESTER  CITY  SCHOOL
DISTRICT. The program manager shall have experience in planning, design-
ing,  and  constructing new and/or reconstructing existing school build-
ings, 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 tech-
nological 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  verifica-
tion  by  it that all work for which payment has been requested has been
satisfactorily completed.
  (b) 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.  CONTRACTS  AWARDED BY RJSCB FOR CONSTRUCTION WORK REQUIRED FOR THE
RECONSTRUCTION, REHABILITATION OR RENOVATION OF A  PROJECT  PURSUANT  TO
THIS  ACT SHALL BE AWARDED PURSUANT TO PUBLIC BIDDING IN COMPLIANCE WITH
SECTION 103 OF THE GENERAL MUNICIPAL LAW.
  S 11. Independent compliance officers.   [(a)] All  contracts  entered
into  by  RESOLUTION OF the [RSC board] RJSCB for projects FOR PHASE TWO
undertaken by this act shall be monitored by an  independent  compliance
officer.  The  compliance  officer shall: develop, implement, advertise,

S. 7859--A                          8

promote and monitor policies  and  procedures  to  utilize  and  provide
sufficient  MWBE,  DBE and skilled minority employment resources partic-
ipation opportunities to be followed by prime  contractors  and  subcon-
tractors for such projects; review, modify if necessary, and approve the
preliminary  diversity plan established pursuant to section five of this
act; provide technical assistance to potential MWBE and DBE  contractors
and  subcontractors  interested  in bidding on any such projects; obtain
and maintain records and documentation to confirm  compliance  with  any
requirements  contained  in  the  approved  diversity plan, for any such
project; identify contractors in non-compliance with any  such  require-
ments  contained  in  the approved diversity plan or in violation of any
federal, state and local laws, rules or regulations; monitor and  report
the  upward/downward  price  adjustment and payment amounts to MWBEs and
DBEs listed on contractors utilization plan for any such project; devel-
op and work with the [RSC board] RJSCB to enforce  agreed  financial  or
monetary sanctions for any contractor's non-compliance with the MWBE/DBE
utilization  master plan.  IN ADDITION, THE INDEPENDENT COMPLIANCE OFFI-
CER SHALL:  DEVELOP, IMPLEMENT, ADVERTISE, PROMOTE AND MONITOR  MWBE/DBE
POLICIES  AND  PROCEDURES  FOR  EACH  PROJECT  TO  BE  FOLLOWED BY PRIME
CONTRACTORS AND SUBCONTRACTORS FOR SUCH PROJECTS;  OBTAIN  AND  MAINTAIN
RECORDS  AND  DOCUMENTATION  TO  CONFIRM  COMPLIANCE WITH ANY APPLICABLE
REQUIREMENTS FOR EACH PROJECT; IDENTIFY  CONTRACTORS  IN  NON-COMPLIANCE
WITH  ANY  SUCH REQUIREMENTS PURSUANT TO THIS SECTION OR IN VIOLATION OF
ANY FEDERAL, STATE AND LOCAL LAWS, RULES OR REGULATIONS. THE INDEPENDENT
COMPLIANCE OFFICER SHALL REPORT TO THE RJCSB ON A MONTHLY BASIS.
  [(b) The independent compliance officer along with the program manager
selected to manage any such project shall work jointly  to  ensure  that
any  requirements  contained  in  the approved diversity plan associated
with any project undertaken pursuant to this act are met.]
  S 13. Contracts.  Notwithstanding any general, special, or  local  law
or  ordinance to the contrary, contracts entered into by the [RSC board]
RJSCB for projects undertaken pursuant to this act: (a) may be funded by
the issuance of certificates of participation issued by the city  pursu-
ant  to  this  act;  (b) may be installment purchased contracts; and (c)
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 such section 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.
  S 5. Section 16 of chapter 416 of the laws of  2007  establishing  the
city of Rochester and the board of education of the city school district
of the city of Rochester school facilities modernization program act, is
amended to read as follows:
  S  16.  County  of Monroe industrial development agency.  (a) Notwith-
standing any limitations contained in article 18-A of the general munic-
ipal 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 definition and for the
purposes of subdivision 4 of section 854 of the general  municipal  law,
which  may  be  financed  by the county of Monroe industrial development

S. 7859--A                          9

agency, the dormitory authority of the state of New York, or any succes-
sor entity thereto. Provided, however, that if  a  project  is  financed
through  the  county of Monroe industrial development agency, the agency
shall utilize a competitive process for selection of the financial agen-
cy  that will issue the bonds OR BOND ANTICIPATION NOTES.  In connection
with the county of Monroe industrial development agency or the dormitory
authority of the state of New York 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 county of Monroe indus-
trial development agency or the dormitory authority of the state of  New
York.  All  contracts  FOR  CONSTRUCTION OR RECONSTRUCTION involving any
such projects shall be awarded by the [RSC board] RJSCB pursuant to [the
competitive process outlined  in  section  eight  of  this  act]  PUBLIC
BIDDING  IN COMPLIANCE WITH SECTION 103 OF THE GENERAL MUNICIPAL LAW and
shall comply with the provisions of section nine of this act.
  (b) In the event that the city or the city school district shall  fail
to  make  a payment in such amount and by such date as is provided to be
made by such city or city school district under agreements entered  into
with  the  county of Monroe industrial development agency, the dormitory
authority of the state of New York,  or  any  successor  entity  thereto
pursuant  to  [paragraph]  SUBDIVISION  (a) of this section, such entity
shall certify to the comptroller. Such certificate shall be in such form
as the entity deems desirable, but shall specify  the  amount  by  which
such payment shall have been deficient. The comptroller, upon receipt of
such  certificate  from the entity, shall withhold such amount from such
city or city school district any state and/or school aid payable to such
city or city school district to the extent of the amount  so  stated  in
such certificate as not having been made, and shall immediately pay over
to  the  entity the amount so withheld. Any amount so paid to the entity
from such state and/or school aid shall not obligate the state to  make,
nor  entitle  the city or the city school district to receive, any addi-
tional amounts of state and/or  school  aid.  Nothing  contained  herein
shall  be deemed to prevent the state from modifying, reducing or elimi-
nating any program or programs of state and/or school aid; nor shall the
state be obligated by the terms hereof to maintain state  and/or  school
aid at any particular level or amount.
  S  6.  Item  (iv)  of  clause  (a) of subparagraph 5 of paragraph e of
subdivision 6 of section 3602 of the education law, as added by  chapter
416 of the laws of 2007, is amended to read as follows:
  (iv)  Notwithstanding the provisions of item (i) of this clause, where
such city or city school district has entered into an agreement with the
county of Monroe industrial development agency or the dormitory authori-
ty of the state of New York, for projects  authorized  pursuant  to  the
city of Rochester and the board of education of the city school district
of the city of Rochester school facilities modernization program act, to
finance  debt related to school rehabilitation or reconstruction that is
subject to subparagraph three of this paragraph, the lesser of: (A)  the
net  interest cost, as defined by the commissioner, that would have been
applicable to bonds OR BOND ANTICIPATION NOTES issued by the  county  of
Monroe  industrial development agency if the project had been authorized
to be financed and had been financed through such entity,  as  certified
to  the  commissioner  by the executive director of the county of Monroe
industrial development agency; or (B) such net interest cost, as defined
by the commissioner, that would have been applicable to  bonds  OR  BOND
ANTICIPATION  NOTES  issued by the state of New York dormitory authority

S. 7859--A                         10

if the project had been authorized to be financed and had been  financed
through  such  entity, as certified to the commissioner by the executive
director of the state of New  York  dormitory  authority  shall  be  the
interest rate established for such city applicable to such debt.
  S  7.  Section  21 of chapter 416 of the laws of 2007 establishing the
city of Rochester and the board of education of the city school district
of the city of Rochester school facilities modernization program act, is
amended to read as follows:
  S 21. Reporting requirements.  On June 30, 2008 and annually thereaft-
er, until completion of the [13] 39 projects authorized pursuant to this
act, the [RSC board] RJSCB 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 city  council  and  the  city
school district on the progress and status of the projects undertaken by
the  [RSC  board]  RJSCB.    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 [RSC board]
RJSCB.
  In addition, on or before June 30, [2016] 2021, or upon completion  of
the  [13]  26  projects  authorized  IN  PHASE TWO pursuant to this act,
whichever shall first occur, the [RSC board] RJSCB shall issue a  report
to  the  city, the city school district, the governor, the commissioner,
the comptroller, the temporary president of the senate, the  speaker  of
the  assembly, the minority leader of the senate, 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 under-
taken  pursuant  to this act, along with recommendations for its contin-
uance, amendments, or discontinuance.
  S 8. Any person who knowingly files a false written  report  or  other
false  written  instrument  with  the  RJSCB, the independent compliance
officer or program manager may be subject to criminal penalties pursuant
to the applicable provisions of the penal law in addition to  any  other
penalties authorized by law.
  S 9. This act shall take effect immediately.

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