S T A T E   O F   N E W   Y O R K
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                                  7873

                            I N  S E N A T E

                              June 16, 2014
                               ___________

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

AN ACT to amend the public authorities law, in relation  to  authorizing
  the  New  York  city  school  construction authority to obtain certain
  population data and utilize such data in connection with the  authori-
  ty's  five-year  educational facilities capital plan; and to amend the
  education law, in relation to requiring consideration of student popu-
  lation data in  connection  with  approval  of  five-year  educational
  facilities  capital  plans  and to require the publication of findings
  and commentary on such plan

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

  Section  1.  Subdivision  13 of section 1728 of the public authorities
law, as added by chapter 738 of the laws of 1988, is  amended  and  four
new subdivisions 13-a, 13-b, 13-c and 13-d are added to read as follows:
  13.  To enter into agreements with the city's department of city plan-
ning to render any services the authority may request, including but not
limited to professional and technical assistance  by  planning  experts,
engineers,  architects  and any other staff as may be necessary, and the
use of the premises, personnel, equipment, ACCESS TO RELEVANT  DATA  and
personal  property  of  the  department of city planning[. The authority
shall provide for reimbursement to the department of city planning  from
the  authority for any expenses incurred by the department of city plan-
ning in carrying out the terms of any such agreements];
  13-A. TO ENTER INTO AGREEMENTS WITH THE CITY'S  DEPARTMENT  OF  HEALTH
AND  MENTAL  HYGIENE  TO  RENDER ANY SERVICES THE AUTHORITY MAY REQUEST,
INCLUDING BUT NOT LIMITED TO ACCESS TO DATA NECESSARY TO DEVELOP REASON-
ABLE STUDENT POPULATION PROJECTIONS CITYWIDE, FOR EACH COMMUNITY  SCHOOL
DISTRICT AND FOR EACH COMMUNITY BOARD;
  13-B. TO ENTER INTO AGREEMENTS WITH THE CITY'S DEPARTMENT OF BUILDINGS
TO  RENDER  ANY  SERVICES  THE  AUTHORITY MAY REQUEST, INCLUDING BUT NOT
LIMITED TO ACCESS TO BUILDING PERMIT AND  CONSTRUCTION  DATA,  INCLUDING
THE NUMBER AND SIZE OF UNITS WITHIN BUILDINGS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00267-13-4
              

S. 7873                             2

  13-C.  TO  ENTER INTO AGREEMENTS WITH THE CITY'S DEPARTMENT OF HOUSING
PRESERVATION AND DEVELOPMENT TO RENDER ANY SERVICES  THE  AUTHORITY  MAY
REQUEST,  INCLUDING  BUT  NOT  LIMITED  TO ACCESS TO BUILDING PERMIT AND
CONSTRUCTION DATA, INCLUDING THE NUMBER AND SIZE OF UNITS WITHIN  BUILD-
INGS;
  13-D.  TO  COORDINATE WITH THE OFFICE OF CITY PLANNING, THE DEPARTMENT
OF BUILDINGS, THE DEPARTMENT OF HOUSING  PRESERVATION  AND  DEVELOPMENT,
THE  DEPARTMENT  OF  HEALTH  AND  MENTAL HYGIENE AND COMMUNITY BOARDS TO
CREATE  UNIFORM,  CITYWIDE  STUDENT  POPULATION  PROJECTIONS,  COMMUNITY
SCHOOL  DISTRICT AND COMMUNITY BOARD, FOR A MINIMUM OF FIVE YEARS, BASED
ON DATA PRODUCED BY THE OFFICE  OF  CITY  PLANNING,  THE  DEPARTMENT  OF
BUILDINGS,  THE  DEPARTMENT  OF HOUSING PRESERVATION AND DEVELOPMENT AND
THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE. SUCH PROJECTIONS  SHALL  BE
USED  IN  THE  CREATION  AND IMPLEMENTATION OF THE AUTHORITY'S FIVE-YEAR
EDUCATIONAL FACILITIES CAPITAL PLAN;
  S 2. Section 1731 of the public authorities law, as added  by  chapter
738 of the laws of 1988, is amended to read as follows:
  S  1731.  Community  participation.  1. Prior to the commencing of new
construction or building additions of an educational  facility,  or  the
acquisition  of  real property or any interest therein for such purpose,
the authority shall file a copy of the site plan of such facility in its
offices and shall provide a copy thereof to the  city  board,  the  city
planning  commission and the community school [board] DISTRICT EDUCATION
COUNCIL and THE community board of the district in  which  the  facility
will  be  located.    SUCH  PLAN SHALL INCLUDE DATA ON PROJECTED STUDENT
POPULATION FOR THE COMMUNITY SCHOOL DISTRICT OR DISTRICTS AND THE COMMU-
NITY BOARD OR BOARDS AFFECTED, THE SOURCE OF THAT DATA  AND  THE  REASON
THE  PROPOSED ACTION IS NECESSARY AND HOW SUCH PLAN FACTORS AND ACCOUNTS
FOR STUDENT POPULATION PROJECTIONS. Upon request, any other person shall
be furnished with such plan or a summary thereof.  The  authority  shall
publish  in  a  newspaper of general circulation in the city a notice of
the filing of such plan and the availability of the plan and  a  summary
thereof.  Such  plan shall include, in the case of any project for which
the acquisition of real property or interest therein  is  proposed,  the
recommended  site,  any alternate sites considered, and any rationale as
to why the alternate sites were not selected.
  2. Within thirty days after publication of the notice  required  under
subdivision one of this section, a public hearing with sufficient public
notice  shall be held by each affected community school [board] DISTRICT
EDUCATION COUNCIL on any or all aspects of the site  plan  and  by  each
affected community board on aspects of the site plan which relate to the
general  public use of the educational facility and to its impact on the
surrounding community, INCLUDING BUT NOT LIMITED TO  THE  RESPONSIVENESS
OF  THE  SITE  PLAN  TO  PROJECTED  CHANGES IN STUDENT POPULATION IN THE
AFFECTED COMMUNITY BOARD  OR  BOARDS  AND  HOW  SUCH  PLAN  FACTORS  AND
ACCOUNTS  FOR  STUDENT  POPULATION PROJECTIONS.   The affected board may
request the attendance of representatives of the authority or  the  city
board at a hearing and the authority or the city board shall comply with
such  requests.  If  the  proposed  project  affects  two or more school
districts or community boards, then a hearing may be held jointly by the
affected community school [boards] DISTRICT EDUCATION COUNCIL and/or the
affected  community  boards.  Any  affected  community  school   [board]
DISTRICT  EDUCATION COUNCIL, together with any affected community board,
may at their mutual discretion, elect to conduct a hearing jointly.
  3. Within forty-five days  after  publication  of  such  notice,  each
affected community school [board] DISTRICT EDUCATION COUNCIL or communi-

S. 7873                             3

ty  board shall prepare and submit to the authority, written comments on
the site plan. Any other organization or  person  shall  also  have  the
opportunity  to present written comments on the plan during this period.
Each comment received by the authority on such plan at any time prior to
action  being  taken by the authority on the plan shall be considered by
the authority in connection with such action.
  4. After due consideration of such comments, if any, the authority may
affirm, modify or withdraw the plan.
  5. Nothing herein shall preclude the authority from  holding  hearings
on  the site plan, provided, however, that any such hearings on the site
plan shall be conducted within the period specified in subdivision three
of this section.
  S 3. Subdivision 1 of section 2590-p of the education law, as added by
chapter 738 of the laws of 1988, is amended to read as follows:
  1. In accordance with subdivision three of this section, the  chancel-
lor  shall  prepare  proposed  five-year  educational facilities capital
plans. Each such plan shall describe each program  element  proposed  in
the  plan,  and  shall set forth an estimate of the cost of each program
element, an estimate of the capital funding required each year  and  the
expected sources of such funding. The plan shall also set forth an esti-
mate  of  the  cost of each project identified in the plan, shall assign
priorities to the projects included therein and shall state the year  in
which  each  such  project's  design  and construction is proposed to be
initiated and estimated to be completed. IN PREPARING THE PLAN AND  EACH
PROJECT  CONTAINED  THEREIN, THE CHANCELLOR SHALL FACTOR AND ACCOUNT FOR
THE EFFECT OF DATA PROVIDED BY THE OFFICE OF CITY PLANNING, THE  DEPART-
MENT  OF  BUILDINGS, THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOP-
MENT AND THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE PURSUANT TO  SUBDI-
VISIONS  THIRTEEN-A,  THIRTEEN-B,  THIRTEEN-C, AND THIRTEEN-D OF SECTION
SEVENTEEN HUNDRED TWENTY-EIGHT OF THE PUBLIC AUTHORITIES LAW.
  S 4. Paragraph a of subdivision 6 of section 2590-p of  the  education
law,  as added by chapter 738 of the laws of 1988, is amended to read as
follows:
  a. For each project included  in  an  approved  five-year  educational
facilities  capital  plan, the chancellor shall develop a detailed scope
of the project, which shall include the following: (i) the purposes  and
public  to be served, (ii) the programs to be conducted in the facility,
(iii) the gross amounts of space and bulk for any building or structure,
(iv) identification of the intent to use architectural,  engineering  or
other  consultant  services  and  estimated  fees  for  such  consultant
services, (v) the schedule of design and construction,  (vi)  the  total
estimated  project costs, including costs for site acquisition, prepara-
tion and tenant relocation, design, construction  and  equipment,  (vii)
maximum  estimated  expenditures  for  the  project for each fiscal year
until its completion, (viii) costs associated with maintenance and oper-
ation of the physical plant [and], (ix) HOW THE  DATA  PROVIDED  BY  THE
OFFICE  OF CITY PLANNING, THE DEPARTMENT OF BUILDINGS, THE DEPARTMENT OF
HOUSING PRESERVATION AND DEVELOPMENT AND THE DEPARTMENT  OF  HEALTH  AND
MENTAL  HYGIENE  PURSUANT  TO SUBDIVISIONS THIRTEEN-A, THIRTEEN-B, THIR-
TEEN-C, AND THIRTEEN-D OF SECTION SEVENTEEN HUNDRED TWENTY-EIGHT OF  THE
PUBLIC AUTHORITIES LAW IS FACTORED AND ACCOUNTED FOR, AND (X) such other
information  as  the  chancellor  shall specify. In the event, a project
consists of a program element without identification of  the  particular
education  facility  at  which  such  project  is  to  be performed, the
detailed scope of the project shall specify the nature of the work to be
performed, applicable price and quality standards, a list of the schools

S. 7873                             4

eligible for such work, annual performance targets and the  total  esti-
mated   costs  of  such  project  during  each  fiscal  year  until  its
completion.
  S  5.  Paragraph b of subdivision 3 of section 2590-p of the education
law, as amended by chapter 345 of the laws of 2009, is amended  to  read
as follows:
  b.  Commencing  on  November first, nineteen hundred ninety-three, and
every five years thereafter, the  chancellor  shall  submit  a  proposed
five-year  educational  facilities  capital  plan  to take effect on the
succeeding July first to each community SCHOOL district education  coun-
cil,  which  shall conduct a public hearing and shall prepare and submit
recommendations to the chancellor on or  before  January  first  of  the
ensuing  year  with  respect  to  matters  in the plan that involve that
school district.  UPON SUBMISSION OF SUCH RECOMMENDATIONS TO  THE  CHAN-
CELLOR, THE BOARD SHALL MAKE PUBLIC, PURSUANT TO THIS PARAGRAPH:
  (I) A SUMMARY OF THE ISSUES RAISED AT SUCH HEARING;
  (II) A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVE RECOM-
MENDATIONS  AT SUCH HEARING WERE OR WERE NOT INCORPORATED INTO THE FINAL
PLAN; AND
  (III) A DESCRIPTION OF ANY CHANGES MADE TO  THE  PROPOSED  PLAN  AS  A
RESULT OF THE ISSUES RAISED AT SUCH HEARING.
  The  chancellor  shall  consider the recommendations received from the
community district education councils, and, on or before February  first
of such year, shall submit a final proposed five-year educational facil-
ities  capital plan to the city board for its approval pursuant to para-
graph (d) of subdivision one of section twenty-five hundred ninety-g  of
this article.
  S  6.  Paragraph b of subdivision 3 of section 2590-p of the education
law, as added by chapter 738 of the laws of 1988, is amended to read  as
follows:
  b.  Commencing  on  November first, nineteen hundred ninety-three, and
every five years thereafter, the  chancellor  shall  submit  a  proposed
five-year  educational  facilities  capital  plan  to take effect on the
succeeding July first to each community school [board]  DISTRICT  EDUCA-
TION COUNCIL, which shall conduct a public hearing and shall prepare and
submit  recommendations  to the chancellor on or before January first of
the ensuing year with respect to matters in the plan that  involve  that
school  district.  The  chancellor  shall  consider  the recommendations
received from the community [school boards]  SCHOOL  DISTRICT  EDUCATION
COUNCIL,  and,  on or before February first of such year, shall submit a
final proposed five-year educational facilities capital plan to the city
board for its approval. On or before March first of such year, the  city
board  shall  approve  the five-year educational facilities capital plan
submitted by the chancellor or such plan as is determined  by  the  city
board.    UPON SUBMISSION OF SUCH RECOMMENDATIONS TO THE CHANCELLOR, THE
BOARD SHALL MAKE PUBLIC, PURSUANT TO THIS PARAGRAPH:
  (I) A SUMMARY OF THE ISSUES RAISED AT SUCH HEARING;
  (II) A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVE RECOM-
MENDATIONS AT SUCH HEARING WERE OR WERE NOT INCORPORATED INTO THE  FINAL
PLAN; AND
  (III)  A  DESCRIPTION  OF  ANY  CHANGES MADE TO THE PROPOSED PLAN AS A
RESULT OF THE ISSUES RAISED AT SUCH HEARING.
  S 7. This act shall take effect immediately; provided that the  amend-
ments to paragraph b of subdivision 3 of section 2590-p of the education
law  made by section five of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 34 of  chapter  91

S. 7873                             5

of  the  laws of 2002, as amended, when upon such date the provisions of
section six of this act shall take effect.