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

                                  9634

                          I N  A S S E M B L Y

                             March 22, 2012
                               ___________

Introduced by M. of A. GANTT, MORELLE, BRONSON -- read once and referred
  to the Committee on Education

AN ACT to amend section 5 of chapter 416 of the laws of 2007, establish-
  ing  the  city  of  Rochester  and  the board of education of the city
  school district of the city of Rochester school facilities  moderniza-
  tion  program  act, in relation to establishing that debt payments for
  the Rochester school facilities modernization program shall not affect
  the city of Rochester's maintenance of effort requirements

  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
BONDS, NOTES OR OTHER OBLIGATIONS ISSUED TO SECURE FINANCING OF NOT MORE
THAN $325,000,000 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 UNRELATED 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

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

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A. 9634                             2

persons to be involved in the  financing  and  such  person's  role  and
responsibilities;  (c) estimates on the design, reconstruction and reha-
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]  FIVE-YEAR capital facilities plan submitted 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  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 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.