S T A T E   O F   N E W   Y O R K
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                                 9860--A

                          I N  A S S E M B L Y

                            February 3, 2010
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN  ACT  to  amend the education law, in relation to the construction of
  school based health and mental health clinics in certain cities

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

  Section  1.  Subparagraph 1 of paragraph a of subdivision 6 of section
3602 of the education law, as amended by section 5 of part A of  chapter
60 of the laws of 2000, is amended to read as follows:
  (1)  For new construction and the purchase of existing structures, the
cost allowances shall be based upon the rated capacity of  the  building
or  addition and a basic per pupil allowance of up to six thousand three
hundred seventy-five dollars  adjusted  monthly  by  a  statewide  index
reflecting  changes in the cost of labor and materials since July first,
nineteen hundred ninety-two, established by the commissioner  of  labor,
modified by an annual county or multi-county labor market composite wage
rate,  established by the commissioner of labor in consultation with the
commissioner, for July first of the base year,  commencing  July  first,
nineteen hundred ninety-seven for general construction contracts awarded
on  or  after  July first, nineteen hundred ninety-eight, indexed to the
median of such county or multi-county rates,  but  not  less  than  one.
Such  base  allowance  shall  apply to a building or an addition housing
grades prekindergarten through six and shall be adjusted for a  building
or  an addition housing grades seven through nine by a factor of one and
four-tenths, for a building or an addition housing grades seven  through
twelve  by  a  factor of one and five-tenths, for a building or addition
housing special education programs by a factor of two, except that where
such building or addition is connected to,  or  such  space  is  located
within,  a  public  school  facility  housing  programs  for nondisabled
pupils, as approved by the commissioner, a  factor  of  three  shall  be
used. Rated capacity of a building or an addition shall be determined by
the  commissioner  based  on  space standards and other requirements for
building construction specified by  the  commissioner.    Such  assigned

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

                                                           LBD15473-02-0

A. 9860--A                          2

capacity ratings shall include, in addition to those spaces used for the
instruction  of  pupils,  those spaces which are used for elementary and
secondary school libraries,  cafeterias,  prekindergarten  instructional
rooms,  teachers' conference rooms, gymnasiums [and], auditoriums AND IN
A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS UP TO
TWO THOUSAND SQUARE FEET FOR SCHOOL BASED HEALTH AND MENTAL HEALTH CLIN-
ICS. For new construction projects approved on or after July first,  two
thousand, by the voters of the school district or by the board of educa-
tion  of  a  city  school  district in a city with more than one hundred
twenty-five thousand inhabitants, and/or the chancellor in a city school
district in a city having a population of  one  million  or  more,  such
rated  capacity  for  new buildings and additions constructed to replace
existing buildings that, in the judgment of the commissioner,  have  not
been  adequately  maintained and have not reached their projected useful
life shall be reduced by the commissioner by an amount  proportional  to
the  remaining  unused portion of the useful life of the existing build-
ings, provided however that the commissioner may waive such  requirement
upon a finding that replacement of the existing building is necessary to
protect  the health and safety of students or staff, that reconstruction
and modernization of the existing building would not adequately  address
such health and safety problems, and that the need to replace the build-
ing  was  not  caused by failure to adequately maintain the building. If
the commissioner of labor resets the statewide index reflecting  changes
in  the  costs of labor and materials since July first, nineteen hundred
ninety-two, the commissioner shall adopt regulations  to  supersede  the
basic  per  pupil allowance of up to six thousand three hundred seventy-
five dollars to the imputed allowance in effect at that time.
  S 2. Subparagraph (iii) of paragraph (j) of subdivision 1  of  section
414  of  the education law, as added by chapter 513 of the laws of 2005,
is amended to read as follows:
  (iii) Except where otherwise authorized by law, the cost of  providing
health,  dental or mental health services shall not be a charge upon the
school district or board of cooperative educational services, and  shall
be  paid  from  federal,  state  or other local funds available for such
purpose. Building space used for such a clinic shall  be  excluded  from
the  rated  capacity of the school building for the purpose of computing
building aid pursuant to subdivision six of section  thirty-six  hundred
two of this chapter or aid pursuant to subdivision five of section nine-
teen  hundred fifty of this chapter, EXCEPT WHEN BUILDING AID IS SPECIF-
ICALLY AUTHORIZED IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU-
SAND  INHABITANTS  PURSUANT  TO  SUBPARAGRAPH  ONE  OF  PARAGRAPH  A  OF
SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
  S 3. This act shall take effect immediately.