Assembly Bill A7891

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

                                  7891

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2011
                               ___________

Introduced by M. of A. GANTT, MORELLE, BRONSON -- 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. 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  poten-
tial  persons to be involved in the financing and such person's role and
responsibilities; (c) estimates on the design, reconstruction and  reha-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11591-02-1
              

A. 7891                             2

bilitation  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;  (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  regu-
lations  of  the  commissioner;  and (f) a preliminary diversity plan to
develop diversity  goals,  including  appropriate  community  input  and
public  discussion, and develop strategies that would create and coordi-
nate any efforts to ensure a more diverse workforce  for  the  projects.
The preliminary diversity plan should address accountability for attain-
ment 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.