S T A T E O F N E W Y O R K
________________________________________________________________________
7809
2011-2012 Regular Sessions
I N A S S E M B L Y
May 17, 2011
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Education
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; in
relation to debt payments for such school facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 5 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 5. Comprehensive school facilities modernization plan. Before
formal selection of the projects occurs, the RSC board shall develop a
comprehensive school facilities modernization plan recommending and
outlining the projects it proposes to be potentially undertaken pursuant
to this act. Such plan shall include: (a) an estimate of total costs to
be financed, proposed financing plan, proposed method of financing,
terms and conditions of the financing, estimated financing costs, and,
if city general 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
ANY BONDS, NOTES OR OTHER OBLIGATIONS ISSUED TO FINANCE PROJECTS UNDER-
TAKEN PURSUANT TO THIS ACT SHALL NOT BE CONSIDERED DEBT SERVICE PAYMENTS
OF THE CITY SCHOOL DISTRICT FOR PURPOSES OF SUBPARAGRAPH (II) OF PARA-
GRAPH (A) OF SUBDIVISION 5-B OF SECTION 2576 OF THE EDUCATION LAW AND
SHALL NOT AFFECT THE CALCULATION OF THE CITY'S "CITY AMOUNT" REQUIRED
PURSUANT TO SAID SUBDIVISION. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11591-01-1
A. 7809 2
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 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 independ-
ent compliance officer and all contractors; (e) any proposed amendments
to the city school district's five year capital facilities plan submit-
ted in accordance with subdivision 6 of section 3602 of the education
law and the regulations of the commissioner; and (f) a preliminary
diversity plan to develop diversity goals, including appropriate commu-
nity 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 accountabil-
ity 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 shall hold as many public hearings as
may be necessary to ensure sufficient public input and allow for signif-
icant public discussion on school building needs in such city, with at
least one hearing to be held in each neighborhood 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 [JSC] RSC board shall submit the components of such comprehensive
plan outlined in subdivision (a) of this section to the comptroller,
along with any other information requested by the comptroller, for his
or her review and approval.
S 2. This act shall take effect immediately.