senate Bill S1429B

2013-2014 Legislative Session

Enacts the 2014 facility alternatives for schools act

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 07, 2014 print number 1429b
amend and recommit to education
Jan 31, 2014 print number 1429a
amend and recommit to education
Jan 08, 2014 referred to education
Jan 09, 2013 referred to education

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S1429 - Bill Details

See Assembly Version of this Bill:
A4164A
Current Committee:
Law Section:
Education
Versions Introduced in 2011-2012 Legislative Session:
S3190B, A8403A

S1429 - Bill Texts

view summary

Enacts the 2014 facility alternatives for schools act, which authorizes construction of new school facilities at a lower cost and in a faster time frame than is permitted under current law by using current development, construction, reconstruction, leasing and financing techniques available.

view sponsor memo
BILL NUMBER:S1429

TITLE OF BILL:
An act
to authorize the construction of new school facilities utilizing
facility alternatives for schools; and providing for the repeal of such
provisions
upon expiration thereof

PURPOSE:
To authorize alternative methods to construct school
facilities.

SUMMARY OF PROVISIONS:
Section 1. Short title.

Section 2. Sets forth definitions.

Section 3(a) Permits any school district to contract for the design,
construction, reconstruction, financing and ownership of a school
building for up to thirty years.

Section 3(b). Sets up procedures for solicitation of proposals for
the construction, reconstruction, financing and leasing of the school
building facility.

Section 3(c). Provides for review and approval of requests for
proposal by the Commissioner of Education prior to the issuance of
such request for proposal by a school district.

Section 3(d). Mandates the prevailing wage law applies to any
construction under section 220 of the Labor Law.

Section 4. Permits a school district to receive state aid for capital
outlays and debt service in connection with any building constructed
pursuant to this act.

Section 5. Exempts the contracts entered into pursuant to this act
from subdivision 3(a) and subdivision 5 of section l09-b of the
General Municipal Law.

Section 6. Contracts issued for a school building facility pursuant to
the provisions of this act may be funded by certificates of
participation.

Section 7. Exempts contracts entered into pursuant to this act from
section 101 of the General Municipal Law.

Section 8. Exempts real property on which a school building is
constructed and leased by the city school district for school
purposes from real property taxation.

Section 9. Requires a school district to adopt a resolution relating
to commencement of the design, construction or reconstruction of a
school building facility pursuant to this act within one year and to
enter into the contract or contracts within two years of the
effective date of this act.


Section 10. Clarifies that a school construction or reconstruction
project undertaken pursuant to this act is subject to applicable
review and approval procedures of the Education Department as any
other school design, construction or reconstruction project would be
when undertaken pursuant to the Education Law.

Section 11. Effective date.

JUSTIFICATION:
Local districts face increasing challenges to fund
necessary new school facilities. The state faces its own financial
challenges which make it difficult to consider increasing assistance
to local school districts to construct new facilities. It is
necessary to seek innovative ways to reduce costs when new school
buildings become necessary. Under this program, school districts
would have the option to use the provisions of this act to construct
school buildings at a lower cost and in a faster time frame than is
permitted under current law by using the best current development,
construction, reconstruction, leasing and financing techniques
available. Similar legislation allowed the City of Niagara Falls to
construct a new facility more affordably several years ago.

LEGISLATIVE HISTORY:
S.3190-B/A.8403-A - EDUCATION/Education

FISCAL IMPLICATIONS:
Savings to school districts who choose to
utilize this program to construct new school buildings.

EFFECTIVE DATE:
Immediately; provided that this act
shall expire five
years after its effective date.

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

                                  1429

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. RANZENHOFER, DeFRANCISCO -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion

AN  ACT to authorize the construction of new school facilities utilizing
  facility alternatives for schools; and providing  for  the  repeal  of
  such provisions upon expiration thereof

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

  Section 1. This act shall be known and  may  be  cited  as  the  "2013
facility alternatives for schools act".
  S 2. For the purposes of this act the terms:
  1.  "School  district"  shall  mean  any  union  free school district,
central school district, central high school  district  or  city  school
district.
  2.  "Person"  shall  mean  a  municipality or other governmental body,
public corporation or authority,  private  corporation,  partnership  or
individual.
  S  3.  (a)  Notwithstanding  the provisions of any other law, general,
special or  local,  relating  to  the  length,  duration  and  terms  of
contracts a school district may enter into, any school district is here-
by  authorized  and  empowered to enter into contracts, leases or rental
agreements with any person, upon such  terms  and  conditions  for  such
consideration  and  for  such  terms  or  duration, not to exceed thirty
years, as may be agreed upon by the school district,  and  such  person,
whereby  such  person  is  granted  the right to construct, reconstruct,
finance or own a school building facility designed with a student capac-
ity not to exceed three thousand.
  (b) Notwithstanding the provisions of any general,  special  or  local
law,  a  contract  entered into between a school district and any person
pursuant to this act may  be  awarded  pursuant  to  public  bidding  in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04842-01-3

S. 1429                             2

compliance  with section 103 of the general municipal law or pursuant to
the following provisions for the award of a contract based on evaluation
of proposals submitted in response to a request for  proposals  prepared
by or for a school district. The school district shall require that each
proposal to be submitted shall include information relating to the expe-
rience  of  the proposer, the ability of the proposer to secure adequate
financing, identification and specification  of  all  elements  of  cost
which would become a charge to the school district, in whatever form, in
return for the fulfillment by the proposer of all tasks and responsibil-
ities  established by the request for the proposal for the full lifetime
of a proposed contract, including, as appropriate, but  not  limited  to
the  cost  of planning, design, construction, reconstruction, financing,
ownership and/or maintenance of such school building facility  and  such
other information as the school district may determine to have a materi-
al  bearing  on  its  ability  to  evaluate any proposal for such school
building facility.
  Prior to the issuance of a request for proposals pursuant to this act,
the school district shall publish notice of such issuance in  the  offi-
cial newspaper of the school district, if any, and in at least one news-
paper  of  general  circulation. Concurrent with the publication of such
notice of a draft request for proposals shall be filed with the clerk of
the school district or  the  chief  executive  officer  of  such  school
district.  After  allowing a thirty day comment period and an additional
thirty days to review such comments, the school district may publish the
final request for proposals and concurrent with such  publication  shall
publish  notice  of  such issuance in the manner specified in this para-
graph.  Concurrent  with  the  publication  of  the  final  request  for
proposals  a  set of comments filed in relation to the draft request for
proposals and findings related  to  the  substantive  elements  of  such
comments  shall  be  filed along with the request for proposals with the
clerk or chief executive officer of such  school  district  and  in  the
public library or libraries in proximity to the proposed school building
facility site.
  Proposals  received in response to such request for proposals shall be
evaluated by the school district as to net cost and in a manner consist-
ent with provisions set forth in the request for proposals, may be eval-
uated on the basis of additional factors, including, but not limited to,
facility design incorporating systems and approaches which provide maxi-
mum facility value at the lowest possible cost using  the  best  current
development  life cycle costs, construction, reconstruction, leasing and
financing techniques available.
  The school district may make  a  contract  award  to  any  responsible
proposer  selected  based on a determination by the school district that
the selected proposal is most responsive to the  request  for  proposals
and may negotiate with any proposer; provided, however, that if an award
is made to any proposer whose total proposal does not provide either the
lowest  net  cost,  the  school  district shall adopt a resolution after
public  hearing  which  includes  particularized  findings  relevant  to
factors evaluated indicating that the school district's requirements are
met  by  such award and that such action is in the public interest. Such
contract may be a single guaranteed maximum price  general  contract  or
utilize a full construction management contract approach.
  (c) All requests for proposals by the school district pursuant to this
act  shall  be  subject  to  review  and approval by the commissioner of
education prior to the issuance of such  request  for  proposal  by  the
school district.

S. 1429                             3

  (d)  Whenever  the  school  district  enters  into  a contract for the
construction of a school building facility pursuant  to  this  act,  the
provisions  of  section 220 of the labor law shall be applicable to such
construction work.
  (e)   Every   contract   entered  into  by  the  school  district  for
construction of a school building facility shall contain provisions that
the design and construction standards of such facility shall be  subject
to  the  review  and  approval  of the school district, that the project
developer shall furnish a bond guaranteeing  prompt  payment  of  moneys
that  are  due to all persons furnishing labor and materials pursuant to
the requirements of any construction contracts, and a security bond  for
the  faithful  performance  of  the  school district project which shall
conform to the provisions of section 103-f of the general municipal  law
and  that  a copy of such performance and payment bonds shall be kept by
the school district and shall be open to public inspection.
  S 4. Notwithstanding the provisions of section 3602 of  the  education
law or any other provision of law, the school district shall be entitled
to  an  apportionment  for capital outlays and debt service for a school
building facility constructed pursuant to the provisions of this act  in
the  same  manner  as  such  school district would otherwise be entitled
pursuant to law for the construction of a new school building facility.
  S 5. Contracts to be issued by the school  district  for  the  design,
construction,  reconstruction, lease, financing or ownership of a school
building facility pursuant to  the  provisions  of  this  act  shall  be
subject to the provisions of section 109-b of the general municipal law,
except  for  paragraph  (a)  of  subdivision 3 and subdivision 5 of such
section and except to the extent section 109-b of the general  municipal
law is inconsistent with the provisions of this act.
  S  6.  Contracts  issued  by  the  school  district  for  the  design,
construction, reconstruction, lease, financing or ownership of a  school
building  facility  pursuant to the provisions of this act may be funded
by certificates of participation.
  S 7. All contracts awarded or entered into by the school district  for
the construction, reconstruction, alteration, lease or lease-purchase of
a  school building facility pursuant to this act shall not be subject to
section 101 of the general municipal law.
  S 8. Notwithstanding any other provision of  law,  a  school  building
facility  constructed  pursuant  to  the provisions of this act shall be
exempt from real property taxation when such facility is leased  by  the
school  district  and  actually  used for school purposes by such school
district.
  S 9. Nothing in this  act  shall  be  construed  to  exempt  a  school
construction  or  reconstruction project undertaken pursuant to this act
from the review and approval procedures applied to such projects by  the
education department when undertaken pursuant to the education law.
  S  10.  This act shall take effect immediately and shall expire and be
deemed repealed 5 years after such effective date.

Co-Sponsors

S1429A - Bill Details

See Assembly Version of this Bill:
A4164A
Current Committee:
Law Section:
Education
Versions Introduced in 2011-2012 Legislative Session:
S3190B, A8403A

S1429A - Bill Texts

view summary

Enacts the 2014 facility alternatives for schools act, which authorizes construction of new school facilities at a lower cost and in a faster time frame than is permitted under current law by using current development, construction, reconstruction, leasing and financing techniques available.

view sponsor memo
BILL NUMBER:S1429A

TITLE OF BILL: An act to authorize the construction of new school
facilities utilizing facility alternatives for schools; and providing
for the repeal of such provisions upon expiration thereof

PURPOSE: To authorize alternative methods to construct school facili-
ties.

SUMMARY OF PROVISIONS: Section 1 - Short title.

Section 2 - Sets forth definitions.

Section 3(a) Permits any school district to contract for the design,
construction, reconstruction, financing and ownership of a school build-
ing for up to thirty years.

Section 3(b) - Sets up procedures for solicitation of proposals for the
construction, reconstruction, financing and leasing of the school build-
ing facility.

Section 3(c) - Provides for review and approval of requests for proposal
by the Commissioner of Education prior to the issuance of such request
for proposal by a school district.

Section 3(d) - Mandates the prevailing wage law applies to any
construction under section 220 of the Labor Law.

Section 4 - Permits a school district to receive state aid for capital
outlays and debt service in connection with any building constructed
pursuant to this act.

Section 5 - Exempts the contracts entered into pursuant to this act from
subdivision 3(a) and subdivision 5 of section 109-b of the General
Municipal Law.

Section 6 - Contracts issued for a school building facility pursuant to
the provisions of this act may be funded by certificates of partic-
ipation.

Section 7 - Exempts contracts entered into pursuant to this act from
section 101 of the General Municipal Law.

Section 8 - Exempts real property on which a school building is
constructed and leased by the city school district for school purposes
from real property taxation.

Section 9 - Requires a school district to adopt a resolution relating to
commencement of the design, construction or reconstruction of a school
building facility pursuant to this act within one year and to enter into
the contract or contracts within two years of the effective date of this
act.

Section 10 - Clarifies that a school construction or reconstruction
project undertaken pursuant to this act is subject to applicable review
and approval procedures of the Education Department as any other school
design, construction or reconstruction project would be when undertaken
pursuant to the Education Law.

Section 11 - Effective date.

JUSTIFICATION: Local districts face increasing challenges to fund neces-
sary new school facilities. The state faces its own financial challenges
which make it difficult to consider increasing assistance to local
school districts to construct new facilities. It is necessary to seek
innovative ways to reduce costs when new school buildings become neces-
sary. Under this program, school districts would have the option to use
the provisions of this act to construct school buildings at a lower cost
and in a faster time frame than is permitted under current law by using
the best current development, construction, reconstruction, leasing and
financing techniques available. Similar legislation allowed the City of
Niagara Falls to construct a new facility more affordably several years
ago.

LEGISLATIVE HISTORY: 2011/2012 -S.3190-B/A.8403-A --
EDUCATION/Education 2013 - S.1429/A.4164 - EDUCATION/Education

FISCAL IMPLICATIONS: Savings to school districts who choose to utilize
this program to construct new school buildings.

EFFECTIVE DATE: This act shall take effect immediately and shall expire
and be deemed repealed 5 years after such effective date.

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

                                 1429--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. RANZENHOFER, DeFRANCISCO -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion  --  recommitted to the Committee on Education in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to authorize the construction of new school facilities utilizing
  facility alternatives for schools; and providing  for  the  repeal  of
  such provisions upon expiration thereof

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

  Section 1. This act shall be known and  may  be  cited  as  the  "2014
facility alternatives for schools act".
  S 2. For the purposes of this act the terms:
  1.  "School  district"  shall  mean  any  union  free school district,
central school district, central high school  district  or  city  school
district.
  2.  "Person"  shall  mean  a  municipality or other governmental body,
public corporation or authority,  private  corporation,  partnership  or
individual.
  S  3.  (a)  Notwithstanding  the provisions of any other law, general,
special or  local,  relating  to  the  length,  duration  and  terms  of
contracts a school district may enter into, any school district is here-
by  authorized  and  empowered to enter into contracts, leases or rental
agreements with any person, upon such  terms  and  conditions  for  such
consideration  and  for  such  terms  or  duration, not to exceed thirty
years, as may be agreed upon by the school district,  and  such  person,
whereby  such  person  is  granted  the right to construct, reconstruct,
finance or own a school building facility designed with a student capac-
ity not to exceed three thousand.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04842-02-4

S. 1429--A                          2

  (b) Notwithstanding the provisions of any general,  special  or  local
law,  a  contract  entered into between a school district and any person
pursuant to this act may  be  awarded  pursuant  to  public  bidding  in
compliance  with section 103 of the general municipal law or pursuant to
the following provisions for the award of a contract based on evaluation
of  proposals  submitted in response to a request for proposals prepared
by or for a school district. The school district shall require that each
proposal to be submitted shall include information relating to the expe-
rience of the proposer, the ability of the proposer to  secure  adequate
financing,  identification  and  specification  of  all elements of cost
which would become a charge to the school district, in whatever form, in
return for the fulfillment by the proposer of all tasks and responsibil-
ities established by the request for the proposal for the full  lifetime
of  a  proposed  contract, including, as appropriate, but not limited to
the cost of planning, design, construction,  reconstruction,  financing,
ownership  and/or  maintenance of such school building facility and such
other information as the school district may determine to have a materi-
al bearing on its ability to  evaluate  any  proposal  for  such  school
building facility.
  Prior to the issuance of a request for proposals pursuant to this act,
the  school  district shall publish notice of such issuance in the offi-
cial newspaper of the school district, if any, and in at least one news-
paper of general circulation. Concurrent with the  publication  of  such
notice of a draft request for proposals shall be filed with the clerk of
the  school  district  or  the  chief  executive  officer of such school
district. After allowing a thirty day comment period and  an  additional
thirty days to review such comments, the school district may publish the
final  request  for proposals and concurrent with such publication shall
publish notice of such issuance in the manner specified  in  this  para-
graph.  Concurrent  with  the  publication  of  the  final  request  for
proposals a set of comments filed in relation to the draft  request  for
proposals  and  findings  related  to  the  substantive elements of such
comments shall be filed along with the request for  proposals  with  the
clerk  or  chief  executive  officer  of such school district and in the
public library or libraries in proximity to the proposed school building
facility site.
  Proposals received in response to such request for proposals shall  be
evaluated by the school district as to net cost and in a manner consist-
ent with provisions set forth in the request for proposals, may be eval-
uated on the basis of additional factors, including, but not limited to,
facility design incorporating systems and approaches which provide maxi-
mum  facility  value  at the lowest possible cost using the best current
development life cycle costs, construction, reconstruction, leasing  and
financing techniques available.
  The  school  district  may  make  a  contract award to any responsible
proposer selected based on a determination by the school  district  that
the  selected  proposal  is most responsive to the request for proposals
and may negotiate with any proposer; provided, however, that if an award
is made to any proposer whose total proposal does not provide either the
lowest net cost, the school district  shall  adopt  a  resolution  after
public  hearing  which  includes  particularized  findings  relevant  to
factors evaluated indicating that the school district's requirements are
met by such award and that such action is in the public  interest.  Such
contract  may  be  a single guaranteed maximum price general contract or
utilize a full construction management contract approach.

S. 1429--A                          3

  (c) All requests for proposals by the school district pursuant to this
act shall be subject to review  and  approval  by  the  commissioner  of
education  prior  to  the  issuance  of such request for proposal by the
school district.
  (d)  Whenever  the  school  district  enters  into  a contract for the
construction of a school building facility pursuant  to  this  act,  the
provisions  of  section 220 of the labor law shall be applicable to such
construction work.
  (e)  Every  contract  entered  into  by  the   school   district   for
construction of a school building facility shall contain provisions that
the  design and construction standards of such facility shall be subject
to the review and approval of the  school  district,  that  the  project
developer  shall  furnish  a  bond guaranteeing prompt payment of moneys
that are due to all persons furnishing labor and materials  pursuant  to
the  requirements of any construction contracts, and a security bond for
the faithful performance of the  school  district  project  which  shall
conform  to the provisions of section 103-f of the general municipal law
and that a copy of such performance and payment bonds shall be  kept  by
the school district and shall be open to public inspection.
  S  4.  Notwithstanding the provisions of section 3602 of the education
law or any other provision of law, the school district shall be entitled
to an apportionment for capital outlays and debt service  for  a  school
building  facility constructed pursuant to the provisions of this act in
the same manner as such school  district  would  otherwise  be  entitled
pursuant to law for the construction of a new school building facility.
  S  5.  Contracts  to  be issued by the school district for the design,
construction, reconstruction, lease, financing or ownership of a  school
building  facility  pursuant  to  the  provisions  of  this act shall be
subject to the provisions of section 109-b of the general municipal law,
except for paragraph (a) of subdivision 3  and  subdivision  5  of  such
section  and except to the extent section 109-b of the general municipal
law is inconsistent with the provisions of this act.
  S  6.  Contracts  issued  by  the  school  district  for  the  design,
construction,  reconstruction, lease, financing or ownership of a school
building facility pursuant to the provisions of this act may  be  funded
by certificates of participation.
  S  7. All contracts awarded or entered into by the school district for
the construction, reconstruction, alteration, lease or lease-purchase of
a school building facility pursuant to this act shall not be subject  to
section 101 of the general municipal law.
  S  8.  Notwithstanding  any  other provision of law, a school building
facility constructed pursuant to the provisions of  this  act  shall  be
exempt  from  real property taxation when such facility is leased by the
school district and actually used for school  purposes  by  such  school
district.
  S  9.  Nothing  in  this  act  shall  be  construed to exempt a school
construction or reconstruction project undertaken pursuant to  this  act
from  the review and approval procedures applied to such projects by the
education department when undertaken pursuant to the education law.
  S 10. This act shall take effect immediately and shall expire  and  be
deemed repealed 5 years after such effective date.

Co-Sponsors

S1429B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4164A
Current Committee:
Law Section:
Education
Versions Introduced in 2011-2012 Legislative Session:
S3190B, A8403A

S1429B (ACTIVE) - Bill Texts

view summary

Enacts the 2014 facility alternatives for schools act, which authorizes construction of new school facilities at a lower cost and in a faster time frame than is permitted under current law by using current development, construction, reconstruction, leasing and financing techniques available.

view sponsor memo
BILL NUMBER:S1429B

TITLE OF BILL: An act to authorize the construction of new school
facilities utilizing facility alternatives for schools; and providing
for the repeal of such provisions upon expiration thereof

PURPOSE:

To authorize alternative methods to construct school facilities.

SUMMARY OF PROVISIONS:

Section 1 - Short title.

Section 2 - Sets forth definitions.

Section 3(a) - Permits any school district to contract for the design,
construction, reconstruction, financing and ownership of a school
building for up to thirty years.

Section 3(b) - Sets up procedures for solicitation of proposals for
the construction, reconstruction, financing and leasing of the school
building facility.

Section 3(c) - Provides for review and approval of requests for
proposal by the Commissioner of Education prior to the issuance of
such request for proposal by a school district.

Section 3(d) - Mandates the prevailing wage law applies to any
construction under section 220 of the Labor Law.

Section 3 (e) - Provides for school district approvals and bonding

Section 4 - Permits a school district to receive state aid for capital
outlays and debt service in connection with any building constructed
pursuant to this act.

Section 5 - Exempts the contracts entered into pursuant to this act
from subdivision 3(a) and subdivision 5 of section 109-b of the
General Municipal Law.

Section 6 - Contracts issued for a school building facility pursuant
to the provisions of this act may be funded by certificates of
participation.

Section 7 - Exempts contracts entered into pursuant to this act from
section 101 of the General Municipal Law.

Section 8 - Exempts real property on which a school building is
constructed and leased by the city school district for school purposes
from real property taxation.

Section 9 - Clarifies that a school construction or reconstruction
project undertaken pursuant to this act is subject to applicable
review and approval procedures of the Education Department as any
other school design, construction or reconstruction project would be
when undertaken pursuant to the Education Law.


Section 10 - Effective date.

JUSTIFICATION:

Local districts face increasing challenges to fund necessary new
school facilities. The state faces its own financial challenges which
make it difficult to consider increasing assistance to local school
districts to construct new facilities. It is necessary to seek
innovative ways to reduce costs when new school buildings become
necessary. Under this program, school districts would have the option
to use the provisions of this act to construct school buildings at a
lower cost and in a faster time frame than is permitted under current
law by using the best current development, construction,
reconstruction, leasing and financing techniques available. Similar
legislation allowed the City of Niagara Falls to construct a new
facility more affordably several years ago.

LEGISLATIVE HISTORY:

2011/2012 -S.3190-B/A.8403-A -- EDUCATION/Education
2013 - S.1429/A.4164 - EDUCATION/Education

FISCAL IMPLICATIONS:

Savings to school districts who choose to utilize this program to
construct new school buildings.

EFFECTIVE DATE:

This act shall take effect immediately and shall expire and be deemed
repealed 5 years after such effective date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1429--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. RANZENHOFER, DeFRANCISCO -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion  --  recommitted to the Committee on Education in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to authorize the construction of new school facilities  utilizing
  facility  alternatives  for  schools;  and providing for the repeal of
  such provisions upon expiration thereof

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

  Section  1.  This  act  shall  be  known and may be cited as the "2014
facility alternatives for schools act".
  S 2. For the purposes of this act the terms:
  1. "School district"  shall  mean  any  union  free  school  district,
central  school  district,  central  high school district or city school
district.
  2. "Person" shall mean a  municipality  or  other  governmental  body,
public  corporation  or  authority,  private corporation, partnership or
individual.
  S 3. (a) Notwithstanding the provisions of  any  other  law,  general,
special  or  local,  relating  to  the  length,  duration  and  terms of
contracts a school district may enter into, any school district is here-
by authorized and empowered to enter into contracts,  leases  or  rental
agreements  with  any  person,  upon  such terms and conditions for such
consideration and for such terms  or  duration,  not  to  exceed  thirty
years,  as  may  be agreed upon by the school district, and such person,
whereby such person is granted  the  right  to  construct,  reconstruct,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04842-04-4

S. 1429--B                          2

finance or own a school building facility designed with a student capac-
ity not to exceed three thousand.
  (b)  Notwithstanding  the  provisions of any general, special or local
law, a contract entered into between a school district  and  any  person
pursuant  to  this  act  may  be  awarded  pursuant to public bidding in
compliance with section 103 of the general municipal law or pursuant  to
the following provisions for the award of a contract based on evaluation
of  proposals  submitted in response to a request for proposals prepared
by or for a school district. The school district shall require that each
proposal to be submitted shall include information relating to the expe-
rience of the proposer, the ability of the proposer to  secure  adequate
financing,  identification  and  specification  of  all elements of cost
which would become a charge to the school district, in whatever form, in
return for the fulfillment by the proposer of all tasks and responsibil-
ities established by the request for the proposal for the full  lifetime
of  a  proposed  contract, including, as appropriate, but not limited to
the cost of planning, design, construction,  reconstruction,  financing,
ownership  and/or  maintenance of such school building facility and such
other information as the school district may determine to have a materi-
al bearing on its ability to  evaluate  any  proposal  for  such  school
building facility.
  Prior to the issuance of a request for proposals pursuant to this act,
the  school  district shall publish notice of such issuance in the offi-
cial newspaper of the school district, if any, and in at least one news-
paper of general circulation. Concurrent with the  publication  of  such
notice of a draft request for proposals shall be filed with the clerk of
the  school  district  or  the  chief  executive  officer of such school
district. After allowing a thirty day comment period and  an  additional
thirty days to review such comments, the school district may publish the
final  request  for proposals and concurrent with such publication shall
publish notice of such issuance in the manner specified  in  this  para-
graph.  Concurrent  with  the  publication  of  the  final  request  for
proposals a set of comments filed in relation to the draft  request  for
proposals  and  findings  related  to  the  substantive elements of such
comments shall be filed along with the request for  proposals  with  the
clerk  or  chief  executive  officer  of such school district and in the
public library or libraries in proximity to the proposed school building
facility site.
  Proposals received in response to such request for proposals shall  be
evaluated by the school district as to net cost and in a manner consist-
ent with provisions set forth in the request for proposals, may be eval-
uated on the basis of additional factors, including, but not limited to,
facility design incorporating systems and approaches which provide maxi-
mum  facility  value  at the lowest possible cost using the best current
development life cycle costs, construction, reconstruction, leasing  and
financing techniques available.
  The  school  district  may  make  a  contract award to any responsible
proposer selected based on a determination by the school  district  that
the  selected  proposal  is most responsive to the request for proposals
and may negotiate with any proposer; provided, however, that if an award
is made to any proposer whose total proposal does not provide either the
lowest net cost, the school district  shall  adopt  a  resolution  after
public  hearing  which  includes  particularized  findings  relevant  to
factors evaluated indicating that the school district's requirements are
met by such award and that such action is in the public  interest.  Such

S. 1429--B                          3

contract  may  be  a single guaranteed maximum price general contract or
utilize a full construction management contract approach.
  (c) All requests for proposals by the school district pursuant to this
act  shall  be  subject  to  review  and approval by the commissioner of
education prior to the issuance of such  request  for  proposal  by  the
school district.
  (d)  Whenever  the  school  district  enters  into  a contract for the
construction of a school building facility pursuant  to  this  act,  the
provisions  of  section 220 of the labor law shall be applicable to such
construction work.
  (e)  Every  contract  entered  into  by  the   school   district   for
construction of a school building facility shall contain provisions that
the  design and construction standards of such facility shall be subject
to the review and approval of the  school  district,  that  the  project
developer  shall require its contractor or contractors to furnish a bond
guaranteeing prompt payment of  moneys  that  are  due  to  all  persons
furnishing  labor  and  materials  pursuant  to  the requirements of any
construction contracts, and a security bond for the faithful performance
of the school district project which shall conform to the provisions  of
section  103-f  of  the  general  municipal  law and that a copy of such
performance and payment bonds shall be kept by the school  district  and
shall be open to public inspection.
  S  4.  Notwithstanding the provisions of section 3602 of the education
law or any other provision of law, the school district shall be entitled
to an apportionment for capital outlays and debt service  for  a  school
building  facility constructed pursuant to the provisions of this act in
the same manner as such school  district  would  otherwise  be  entitled
pursuant to law for the construction of a new school building facility.
  S  5.  Contracts  to  be issued by the school district for the design,
construction, reconstruction, lease, financing or ownership of a  school
building  facility  pursuant  to  the  provisions  of  this act shall be
subject to the provisions of section 109-b of the general municipal law,
except for paragraph (a) of subdivision 3  and  subdivision  5  of  such
section  and except to the extent section 109-b of the general municipal
law is inconsistent with the provisions of this act.
  S  6.  Contracts  issued  by  the  school  district  for  the  design,
construction,  reconstruction, lease, financing or ownership of a school
building facility pursuant to the provisions of this act may  be  funded
by certificates of participation.
  S  7. All contracts awarded or entered into by the school district for
the construction, reconstruction, alteration, lease or lease-purchase of
a school building facility pursuant to this act shall not be subject  to
section 101 of the general municipal law.
  S  8.  Notwithstanding  any  other provision of law, a school building
facility constructed pursuant to the provisions of  this  act  shall  be
exempt  from  real property taxation when such facility is leased by the
school district and actually used for school  purposes  by  such  school
district.
  S  9.  Nothing  in  this  act  shall  be  construed to exempt a school
construction or reconstruction project undertaken pursuant to  this  act
from  the review and approval procedures applied to such projects by the
education department when undertaken pursuant to the education law.
  S 10. This act shall take effect immediately and shall expire  and  be
deemed repealed 5 years after such effective date.

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