senate Bill S163B

2013-2014 Legislative Session

Enacts the school population projection and transparency act

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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
Jun 13, 2014 print number 163b
amend (t) and recommit to corporations, authorities and commissions
Jun 03, 2014 print number 163a
amend and recommit to corporations, authorities and commissions
Jan 08, 2014 referred to corporations, authorities and commissions
Jan 09, 2013 referred to corporations, authorities and commissions

Bill Amendments

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

Co-Sponsors

S163 - Bill Details

See Assembly Version of this Bill:
A10121
Current Committee:
Law Section:
Public Authorities Law
Laws Affected:
Amd §§1728 & 1731, Pub Auth L; amd §2590-p, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2884
2009-2010: S7033

S163 - Bill Texts

view summary

Authorizes the New York city school construction authority to obtain certain demographic data and utilize such data in connection with the authority's five-year educational facilities capital plan; requires consideration of student demographic data in connection with approval of five-year educational facilities capital plans; and requires the publication of findings and commentary on such plan.

view sponsor memo
BILL NUMBER:S163

TITLE OF BILL:
An act
to amend the public authorities law, in relation to authorizing
the New York city school construction authority to obtain certain
demographic data and utilize such data in connection with the
authority's five-year educational facilities capital plan; and to amend
the education law, in relation to requiring consideration of student
demographic data in connection with approval of five-year educational
facilities capital plans and to require the publication of findings
and commentary on such plan

PURPOSE:
To require the School Construction Authority and the New York City
Department of Education to use data provided by the New York city
Office of City Planning and New York City Department of Health and
Mental Hygiene to generate better population projections for use in
school zoning, siting and the five-year capital plan, and to require
increased transparency in planning and greater opportunity for
public input.

SUMMARY OF PROVISIONS:
Section 1 amends section 1728 subdivision 13 of the public authorities
law to require the New York City School Construction Authority to
coordinate with the Department of Health and Mental Hygiene and the
Office of City Planning to obtain relevant data to use in creating
population projects, which will serve as the basis for the school
authority's five year educational facilities capital plan.

Section 2 amends section 1731 of the public authorities law and
requires that school construction authority siting plans for new or
improved facilities include information on the prospective student
population for the affected school districts and a stated basis for
any changes to the property. It also requires public hearings and
ability for comment on siting plans and consideration of how the plan
impacts any potential population changes in the school districts, and
requires the school construction authority to set forth a detailed
assessment of the comments, including consideration of proposed
alternatives and the impact of the comments on the final plan.

Section 3 amends section 2590-b of the education law to create an
additional requirement that data provided by the Office of city
Planning and the Department of Health and Mental Hygiene must be
considered when community districts are created.

Section 4 amends section 2590-e of the education law to create an
additional requirement that data provided by the Office of City
Planning and
the Department of Health and Mental Hygiene must be considered when
creating zoning lines.

Section 5 amends section 2590-p of the education law to require that
the chancellor - when preparing the five-year capital plan - consider
the effect of data provided by the Office of city Planning and the
Department of Health and Mental Hygiene


Section 6 amends section 2590-p of the education law to require the
city board to make public submitted recommendations to the five-year
capital plan, a summary of alternatives proposed, a statement of why
they were not incorporated into the final plan, and a description of
any changes made to the proposed plan as a result of the
recommendations received.

JUSTIFICATION:
According to a report by Manhattan Borough President Scott M.
Stringer, as many as 13,000 New York City children will be without
seats in public schools by 2016 despite increased capital spending by
the City, This bill attempts to address this discrepancy by ensuring
that the School construction Authority and the Department of
Education use data available from the Office of City Planning and the
Department of Health and Mental Hygiene, in making population
projections for use in its five year capital plan, and for proposing
zoning lines and creating school siting plans,

The bill also ensures greater transparency and a role for the public
in planning; the Department of Education will have to make public the
data used to project student populations, and address how each siting
plan responds to projected population changes. The Department of
Education is also required to make public all comments it receives in
response to its school siting plans and five-year capital plan, and
respond to those comments.

These reforms will lead to more accurate projections, better
transparency in planning, and a stronger voice for the public.

LEGISLATIVE HISTORY:
2010: S.7033/A.11433
2012: Referred to Corporations, Authorities and Commissions

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

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

                                   163

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN  ACT  to amend the public authorities law, in relation to authorizing
  the New York city school  construction  authority  to  obtain  certain
  demographic data and utilize such data in connection with the authori-
  ty's  five-year  educational facilities capital plan; and to amend the
  education law, in relation to requiring consideration of student demo-
  graphic data in connection  with  approval  of  five-year  educational
  facilities  capital  plans  and to require the publication of findings
  and commentary on such plan

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

  Section  1.  Subdivision  13 of section 1728 of the public authorities
law, as added by chapter 738 of the laws of 1988, is amended and two new
subdivisions 13-a and 13-b are added to read as follows:
  13. To enter into agreements with the city's department of city  plan-
ning to render any services the authority may request, including but not
limited  to  professional  and technical assistance by planning experts,
engineers, architects and any other staff as may be necessary,  and  the
use  of  the premises, personnel, equipment, ACCESS TO RELEVANT DATA and
personal property of the department  of  city  planning.  The  authority
shall  provide for reimbursement to the department of city planning from
the authority for any expenses incurred by the department of city  plan-
ning in carrying out the terms of any such agreements;
  13-A.  TO  ENTER  INTO AGREEMENTS WITH THE CITY'S DEPARTMENT OF HEALTH
AND MENTAL HYGIENE TO RENDER ANY SERVICES  THE  AUTHORITY  MAY  REQUEST,
INCLUDING  BUT  NOT  LIMITED TO ACCESS TO BIRTH RATE DATA. THE AUTHORITY
SHALL PROVIDE FOR REIMBURSEMENT TO THE DEPARTMENT OF HEALTH  AND  MENTAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00267-01-3

S. 163                              2

HYGIENE  FROM  THE AUTHORITY FOR ANY EXPENSES INCURRED BY THE DEPARTMENT
OF HEALTH AND MENTAL HYGIENE;
  13-B. TO COORDINATE WITH THE OFFICE OF CITY PLANNING AND DEPARTMENT OF
HEALTH AND MENTAL HYGIENE TO CREATE UNIFORM, CITYWIDE POPULATION PROJEC-
TIONS  BASED ON DATA PRODUCED BY THE OFFICE OF CITY PLANNING AND DEPART-
MENT OF HEALTH AND MENTAL HYGIENE. SUCH PROJECTIONS SHALL BE USED IN THE
CREATION AND IMPLEMENTATION OF  THE  AUTHORITY'S  FIVE-YEAR  EDUCATIONAL
FACILITIES CAPITAL PLAN;
  S  2.  Section 1731 of the public authorities law, as added by chapter
738 of the laws of 1988, is amended to read as follows:
  S 1731. Community participation. 1. Prior to  the  commencing  of  new
construction  or  building  additions of an educational facility, or the
acquisition of real property or any interest therein for  such  purpose,
the authority shall file a copy of the site plan of such facility in its
offices  and  shall  provide  a copy thereof to the city board, the city
planning commission and the community school board and  community  board
of  the district in which the facility will be located.  SUCH PLAN SHALL
INCLUDE DATA  ON  PROJECTED  STUDENT  POPULATION  FOR  THE  DISTRICT  OR
DISTRICTS  AFFECTED,  THE  SOURCE OF THAT DATA AND THE RATIONALE FOR THE
PROPOSED CONSTRUCTION OR ADDITION. Upon request, any other person  shall
be  furnished  with  such plan or a summary thereof. The authority shall
publish in a newspaper of general circulation in the city  a  notice  of
the  filing  of such plan and the availability of the plan and a summary
thereof. Such plan shall include, in the case of any project  for  which
the  acquisition  of  real property or interest therein is proposed, the
recommended site, any alternate sites considered, and any  rationale  as
to why the alternate sites were not selected.
  2.  Within  thirty days after publication of the notice required under
subdivision one of this section, a public hearing with sufficient public
notice shall be held by each affected community school board on  any  or
all  aspects  of  the  site plan and by each affected community board on
aspects of the site plan which relate to the general public use  of  the
educational  facility  and  to  its impact on the surrounding community,
INCLUDING BUT NOT LIMITED TO THE RESPONSIVENESS  OF  THE  SITE  PLAN  TO
PROJECTED CHANGES IN POPULATION IN THE AFFECTED DISTRICTS.  The affected
board  may request the attendance of representatives of the authority or
the city board at a hearing and the authority or the  city  board  shall
comply  with  such requests. If the proposed project affects two or more
school districts or community boards, then a hearing may be held jointly
by the affected community school boards and/or  the  affected  community
boards.  Any affected community school board, together with any affected
community board, may at their mutual  discretion,  elect  to  conduct  a
hearing jointly.
  3.  Within  forty-five  days  after  publication  of such notice, each
affected community school board or community  board  shall  prepare  and
submit  to  the  authority, written comments on the site plan. Any other
organization or person shall also have the opportunity to present  writ-
ten  comments  on  the plan during this period. Each comment received by
the authority on such plan at any time prior to action  being  taken  by
the  authority  on  the  plan  shall  be  considered by the authority in
connection with such action.
  4. After due consideration of such comments, if any, the authority may
affirm, modify or withdraw the plan.   UPON FINAL DETERMINATION  BY  THE
AUTHORITY  REGARDING  THE  PLAN,  THE  AUTHORITY  SHALL  MAKE PUBLIC THE
COMMENTS SUBMITTED PURSUANT TO SUBDIVISION THREE OF THIS SECTION AS WELL

S. 163                              3

AS THE AUTHORITY'S ASSESSMENT OF SUCH COMMENTS.  SUCH  ASSESSMENT  SHALL
INCLUDE:
  A.  A  SUMMARY  AND  AN  ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT
ALTERNATIVES SUGGESTED IF ANY;
  B. A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE OR
WERE NOT INCORPORATED INTO THE FINAL PLAN; AND
  C. A DESCRIPTION OF ANY CHANGES MADE TO THE PROPOSED PLAN AS A  RESULT
OF PUBLIC COMMENTS RECEIVED.
  5.  Nothing  herein shall preclude the authority from holding hearings
on the site plan, provided, however, that any such hearings on the  site
plan shall be conducted within the period specified in subdivision three
of this section.
  S  3. Subparagraph 1 of paragraph (c) and paragraph (e) of subdivision
3 of section 2590-b of the education law, as amended by chapter  345  of
the laws of 2009, are amended to read as follows:
  (1)  each  community  district shall: (i) be a suitable size for effi-
cient policy-making and economic management; (ii) contain  a  reasonable
number  of  pupils;  (iii)  be  compact and contiguous, contained within
county lines, and to the maximum extent possible, keep  intact  communi-
ties  and  neighborhoods;  [and]  (iv)  bear  a rational relationship to
geographic areas for which the city  of  New  York  plans  and  provides
services;  AND  (V) BE CREATED UTILIZING, AT A MINIMUM, DATA PROVIDED BY
THE OFFICE OF CITY PLANNING AND THE  DEPARTMENT  OF  HEALTH  AND  MENTAL
HYGIENE TO ENSURE A COMPREHENSIVE CITYWIDE PLAN FOR GROWTH;
  (e)  The  city  board  of education shall hold public hearings in each
borough on the recommendations submitted by  the  study  group  and  may
adopt,  revise  or  reject in whole or in part such recommendations, or,
may request the study group to submit  adjusted  recommendations.    THE
CITY  BOARD  OF  EDUCATION SHALL MAKE PUBLIC THE COMMENTS SUBMITTED AS A
PART OF SUCH PUBLIC HEARINGS AS WELL AS THE BOARD'S ASSESSMENT  OF  SUCH
COMMENTS.  SUCH ASSESSMENT SHALL INCLUDE:
  (I)  A  SUMMARY  AND  AN ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT
ALTERNATIVES SUGGESTED IF ANY;
  (II) A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES  WERE
OR WERE NOT INCORPORATED INTO THE FINAL PLAN; AND
  (III)  A  DESCRIPTION  OF  ANY  CHANGES MADE TO THE PROPOSED PLAN AS A
RESULT OF PUBLIC COMMENTS RECEIVED.
  The final recommendations shall be adopted by the city board of educa-
tion no later than February first, nineteen hundred ninety-five to  take
effect  July  first,  nineteen  hundred  ninety-six,  provided that such
revised boundaries adopted by the city board pursuant  to  this  chapter
shall  be  used  for  purposes of community school board elections to be
held on the first Tuesday in May, nineteen hundred ninety-six.
  S 4. Subdivision 11 of section 2590-e of the education law,  as  added
by chapter 123 of the laws of 2003, is amended to read as follows:
  11. Approve zoning lines, as submitted by the superintendent, consist-
ent  with the regulations of the chancellor, applicable to schools under
the jurisdiction of the community district.    SUCH  APPROVAL  SHALL  BE
BASED  IN  PART ON THE APPROPRIATENESS OF THE PROPOSED ZONING LINES, AND
BASED IN PART ON DATA PROVIDED BY THE OFFICE OF CITY  PLANNING  AND  THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE INCLUDING BIRTH RATE DATA.
  S 5. Subdivision 1 of section 2590-p of the education law, as added by
chapter 738 of the laws of 1988, is amended to read as follows:
  1.  In accordance with subdivision three of this section, the chancel-
lor shall prepare  proposed  five-year  educational  facilities  capital
plans.  Each  such  plan shall describe each program element proposed in

S. 163                              4

the plan, and shall set forth an estimate of the cost  of  each  program
element,  an  estimate of the capital funding required each year and the
expected sources of such funding. The plan shall also set forth an esti-
mate  of  the  cost of each project identified in the plan, shall assign
priorities to the projects included therein and shall state the year  in
which  each  such  project's  design  and construction is proposed to be
initiated and estimated to be completed. IN PREPARING THE PLAN AND  EACH
PROJECT  CONTAINED  THEREIN, THE CHANCELLOR SHALL CONSIDER THE EFFECT OF
DATA PROVIDED BY THE OFFICE OF  CITY  PLANNING  AND  THE  DEPARTMENT  OF
HEALTH AND MENTAL HYGIENE, INCLUDING BIRTH RATE DATA.
  S  6.  Paragraph b of subdivision 3 of section 2590-p of the education
law, as amended by chapter 345 of the laws of 2009, is amended  to  read
as follows:
  b.  Commencing  on  November first, nineteen hundred ninety-three, and
every five years thereafter, the  chancellor  shall  submit  a  proposed
five-year  educational  facilities  capital  plan  to take effect on the
succeeding July first to  each  community  district  education  council,
which shall conduct a public hearing and shall prepare and submit recom-
mendations  to  the chancellor on or before January first of the ensuing
year with respect to matters  in  the  plan  that  involve  that  school
district.  The  chancellor  shall  consider the recommendations received
from the community district education councils, and, on or before Febru-
ary first of such year, shall submit a final proposed  five-year  educa-
tional facilities capital plan to the city board for its approval pursu-
ant  to  paragraph (d) of subdivision one of section twenty-five hundred
ninety-g of this article.  UPON CONSIDERATION OF THE RECOMMENDATIONS  OF
THE  COMMUNITY  SCHOOL DISTRICT EDUCATION COUNCILS, THE BOARD SHALL MAKE
PUBLIC THE RECOMMENDATIONS SUBMITTED PURSUANT TO THIS PARAGRAPH, AS WELL
AS THE BOARD'S ASSESSMENT OF SUCH RECOMMENDATIONS. SUCH ASSESSMENT SHALL
INCLUDE:
  (I) A SUMMARY AND AN ANALYSIS OF THE  ISSUES  RAISED  AND  SIGNIFICANT
ALTERNATIVES SUGGESTED IF ANY;
  (II)  A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE
OR WERE NOT INCORPORATED INTO THE FINAL PLAN; AND
  (III) A DESCRIPTION OF ANY CHANGES MADE TO  THE  PROPOSED  PLAN  AS  A
RESULT OF THE RECOMMENDATIONS RECEIVED.
  S  7.  Paragraph b of subdivision 3 of section 2590-p of the education
law, as added by chapter 738 of the laws of 1988, is amended to read  as
follows:
  b.  Commencing  on  November first, nineteen hundred ninety-three, and
every five years thereafter, the  chancellor  shall  submit  a  proposed
five-year  educational  facilities  capital  plan  to take effect on the
succeeding July first  to  each  community  school  board,  which  shall
conduct a public hearing and shall prepare and submit recommendations to
the  chancellor  on  or  before  January  first of the ensuing year with
respect to matters in the plan that involve that  school  district.  The
chancellor shall consider the recommendations received from the communi-
ty  school  boards, and, on or before February first of such year, shall
submit a final proposed five-year educational facilities capital plan to
the city board for its approval. On or before March first of such  year,
the  city board shall approve the five-year educational facilities capi-
tal plan submitted by the chancellor or such plan as  is  determined  by
the city board.  UPON CONSIDERATION OF THE RECOMMENDATIONS OF THE COMMU-
NITY  SCHOOL  BOARDS,  THE  BOARD  SHALL MAKE PUBLIC THE RECOMMENDATIONS
SUBMITTED PURSUANT TO THIS PARAGRAPH, AS WELL AS THE BOARD'S  ASSESSMENT
OF SUCH RECOMMENDATIONS. SUCH ASSESSMENT SHALL INCLUDE:

S. 163                              5

  (I)  A  SUMMARY  AND  AN ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT
ALTERNATIVES SUGGESTED IF ANY;
  (II)  A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE
OR WERE NOT INCORPORATED INTO THE FINAL PLAN; AND
  (III) A DESCRIPTION OF ANY CHANGES MADE TO  THE  PROPOSED  PLAN  AS  A
RESULT OF THE RECOMMENDATIONS RECEIVED.
  S  8.  Paragraph a of subdivision 6 of section 2590-p of the education
law, as added by chapter 738 of the laws of 1988, is amended to read  as
follows:
  a.  For  each  project  included  in an approved five-year educational
facilities capital plan, the chancellor shall develop a  detailed  scope
of  the project, which shall include the following: (i) the purposes and
public to be served, (ii) the programs to be conducted in the  facility,
(iii) the gross amounts of space and bulk for any building or structure,
(iv)  identification  of the intent to use architectural, engineering or
other  consultant  services  and  estimated  fees  for  such  consultant
services,  (v)  the  schedule of design and construction, (vi) the total
estimated project costs, including costs for site acquisition,  prepara-
tion  and  tenant  relocation, design, construction and equipment, (vii)
maximum estimated expenditures for the  project  for  each  fiscal  year
until its completion, (viii) costs associated with maintenance and oper-
ation  of  the physical plant [and], (ix) THE EFFECT OF DATA PROVIDED BY
THE OFFICE OF CITY PLANNING AND THE  DEPARTMENT  OF  HEALTH  AND  MENTAL
HYGIENE,  INCLUDING  BIRTH  RATE  DATA  FOR EACH PROJECT INCLUDED IN THE
PLAN, AND (X) such other information as the chancellor shall specify. In
the event, a project consists of a program element  without  identifica-
tion of the particular education facility at which such project is to be
performed, the detailed scope of the project shall specify the nature of
the work to be performed, applicable price and quality standards, a list
of  the  schools  eligible for such work, annual performance targets and
the total estimated costs of such project during each fiscal year  until
its completion.
  S 9. This act shall take effect immediately; provided:
  a.  the amendments to subdivision 3 of section 2590-b of the education
law made by section three of this act shall not affect the expiration of
such section and shall expire and be deemed repealed therewith;
  b. the amendments to subdivision 11 of section 2590-e of the education
law made by section four of this act shall not affect the repeal of such
subdivision and shall expire and be deemed repealed therewith; and
  c. the amendments to paragraph b of subdivision 3 of section 2590-p of
the education law made by section six of this act shall  be  subject  to
the expiration and reversion of such paragraph pursuant to section 34 of
chapter  91  of  the  laws  of 2002, as amended, when upon such date the
provisions of section seven of this act shall take effect.

Co-Sponsors

S163A - Bill Details

See Assembly Version of this Bill:
A10121
Current Committee:
Law Section:
Public Authorities Law
Laws Affected:
Amd §§1728 & 1731, Pub Auth L; amd §2590-p, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2884
2009-2010: S7033

S163A - Bill Texts

view summary

Authorizes the New York city school construction authority to obtain certain demographic data and utilize such data in connection with the authority's five-year educational facilities capital plan; requires consideration of student demographic data in connection with approval of five-year educational facilities capital plans; and requires the publication of findings and commentary on such plan.

view sponsor memo
BILL NUMBER:S163A

TITLE OF BILL: An act to amend the public authorities law, in
relation to authorizing the New York city school construction
authority to obtain certain demographic data and utilize such data in
connection with the authority's five-year educational facilities
capital plan; and to amend the education law, in relation to requiring
consideration of student demographic data in connection with approval
of five-year educational facilities capital plans and to require the
publication of findings and commentary on such plan

PURPOSE: To require the School Construction Authority and the New
York City Department of Education to use data provided by the New York
city Office of City Planning, the New York City Department of
Buildings, the New York City Department of Housing Preservation and
Development, and New York City Department of Health and Mental Hygiene
to generate better population projections for use in school zoning,
siting and the five-year capital plan, and to require increased
transparency in planning and greater opportunity for public input.

SUMMARY OF PROVISIONS:

Section 1 amends section 1728 subdivision 13 of the public authorities
law to require the New York City School Construction Authority to
coordinate with the Department of Health and Mental Hygiene, the
Department of Buildings, the Department of Housing Preservation and
Development and the Office of City Planning to obtain relevant data to
use in creating population projections, which will serve as the basis
for the school authority's five year educational facilities capital
plan.

Section 2 amends section 1731 of the public authorities law and
requires that school construction authority siting plans for new or
improved facilities include information on the prospective student
population for the affected school districts and a stated basis for
any changes to the property. It also requires public hearings and
ability for comment on siting plans and consideration of how the plan
impacts any potential population changes in the school districts, and
requires the school construction authority to set forth a detailed
assessment of the comments, including consideration of proposed
alternatives and the impact of the comments on the final plan.

Section 3 amends section 2590-b of the education law to create an
additional requirement that data provided by the Office of city
Planning, the Department of Buildings, the Department of Housing
Preservation and Development and the Department of Health and Mental
Hygiene must be considered when community districts are created.

Section 4 amends section 2590-e of the education law to create an
additional requirement that data provided by the Office of City
Planning, the Department of Buildings, the Department of Housing
Preservation and Development and the Department of Health and Mental
Hygiene must be considered when creating zoning lines.

Section 5 amends section 2590-p of the education law to require that
the chancellor - when preparing the five-year capital plan - consider
the effect of data provided by the Office of city Planning, the


Department of Buildings, the Department of Housing Preservation and
Development and the Department of Health and Mental Hygiene.

Section 6 amends section 2590-p of the education law to require the
city board to make public submitted recommendations to the five-year
capital plan, a summary of alternatives proposed, a statement of why
they were not incorporated into the final plan, and a description of
any changes made to the proposed plan as a result of the
recommendations received.

JUSTIFICATION: According to a report by Manhattan Borough President
Scott M. Stringer, as many as 13,000 New York City children will be
without seats in public schools by 2016 despite increased capital
spending by the City, This bill attempts to address this discrepancy
by ensuring that the School construction Authority and the Department
of Education use data available from the Office of City Planning, the
Department of Buildings, the Department of Housing Preservation and
Development and the Department of Health and Mental Hygiene, in making
population projections for use in its five year capital plan, and for
proposing zoning lines and creating school siting plans.

The bill also ensures greater transparency and a role for the public
in planning; the Department of Education will have to make public the
data used to project student populations, and address how each siting
plan responds to projected population changes.

These reforms will lead to more accurate projections, better
transparency in planning, and a stronger voice for the public.

LEGISLATIVE HISTORY: 2010: 5.7033/A.11433 2012: Referred to
Corporations, Authorities and Commissions

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately, with
provisions.

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

                                 163--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. SQUADRON, AVELLA, DILAN, PERKINS -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Corporations,  Authorities  and  Commissions  --  recommitted  to  the
  Committee on Corporations, Authorities and Commissions  in  accordance
  with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public authorities law, in relation  to  authorizing
  the  New  York  city  school  construction authority to obtain certain
  demographic data and utilize such data in connection with the authori-
  ty's five-year educational facilities capital plan; and to  amend  the
  education law, in relation to requiring consideration of student demo-
  graphic  data  in  connection  with  approval of five-year educational
  facilities capital plans and to require the  publication  of  findings
  and commentary on such plan

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

  Section 1. Subdivision 13 of section 1728 of  the  public  authorities
law,  as  added  by chapter 738 of the laws of 1988, is amended and four
new subdivisions 13-a, 13-b, 13-c and 13-d are added to read as follows:
  13. To enter into agreements with the city's department of city  plan-
ning to render any services the authority may request, including but not
limited  to  professional  and technical assistance by planning experts,
engineers, architects and any other staff as may be necessary,  and  the
use  of  the premises, personnel, equipment, ACCESS TO RELEVANT DATA and
personal property of the department of  city  planning[.  The  authority
shall  provide for reimbursement to the department of city planning from
the authority for any expenses incurred by the department of city  plan-
ning in carrying out the terms of any such agreements];

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00267-03-4

S. 163--A                           2

  13-A.  TO  ENTER  INTO AGREEMENTS WITH THE CITY'S DEPARTMENT OF HEALTH
AND MENTAL HYGIENE TO RENDER ANY SERVICES  THE  AUTHORITY  MAY  REQUEST,
INCLUDING BUT NOT LIMITED TO ACCESS TO BIRTH RATE DATA;
  13-B. TO ENTER INTO AGREEMENTS WITH THE CITY'S DEPARTMENT OF BUILDINGS
TO  RENDER  ANY  SERVICES  THE  AUTHORITY MAY REQUEST, INCLUDING BUT NOT
LIMITED TO ACCESS TO BUILDING PERMIT AND  CONSTRUCTION  DATA,  INCLUDING
THE NUMBER AND SIZE OF UNITS WITHIN BUILDINGS;
  13-C.  TO  ENTER INTO AGREEMENTS WITH THE CITY'S DEPARTMENT OF HOUSING
PRESERVATION AND DEVELOPMENT TO RENDER ANY SERVICES  THE  AUTHORITY  MAY
REQUEST,  INCLUDING  BUT  NOT  LIMITED  TO ACCESS TO BUILDING PERMIT AND
CONSTRUCTION DATA, INCLUDING THE NUMBER AND SIZE OF UNITS WITHIN  BUILD-
INGS;
  13-D.  TO  COORDINATE WITH THE OFFICE OF CITY PLANNING, THE DEPARTMENT
OF BUILDINGS, THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT AND
THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE TO CREATE UNIFORM,  CITYWIDE
POPULATION  PROJECTIONS  BASED  ON  DATA  PRODUCED BY THE OFFICE OF CITY
PLANNING, THE DEPARTMENT OF BUILDINGS, THE DEPARTMENT OF HOUSING PRESER-
VATION AND DEVELOPMENT AND THE DEPARTMENT OF HEALTH AND MENTAL  HYGIENE.
SUCH PROJECTIONS SHALL BE USED IN THE CREATION AND IMPLEMENTATION OF THE
AUTHORITY'S FIVE-YEAR EDUCATIONAL FACILITIES CAPITAL PLAN;
  S  2.  Section 1731 of the public authorities law, as added by chapter
738 of the laws of 1988, is amended to read as follows:
  S 1731. Community participation. 1. Prior to  the  commencing  of  new
construction  or  building  additions of an educational facility, or the
acquisition of real property or any interest therein for  such  purpose,
the authority shall file a copy of the site plan of such facility in its
offices  and  shall  provide  a copy thereof to the city board, the city
planning commission and the community school [board] DISTRICT  EDUCATION
COUNCIL  and  THE  community board of the district in which the facility
will be located.   SUCH PLAN SHALL INCLUDE  DATA  ON  PROJECTED  STUDENT
POPULATION  FOR  THE  COMMUNITY  BOARD OR BOARDS AFFECTED, THE SOURCE OF
THAT DATA AND THE RATIONALE FOR THE PROPOSED CONSTRUCTION  OR  ADDITION.
Upon  request,  any  other person shall be furnished with such plan or a
summary thereof. The authority shall publish in a newspaper  of  general
circulation  in  the  city  a  notice of the filing of such plan and the
availability of the plan and a summary thereof. Such plan shall include,
in the case of any project for which the acquisition of real property or
interest therein is proposed, the recommended site, any alternate  sites
considered,  and  any  rationale  as to why the alternate sites were not
selected.
  2. Within thirty days after publication of the notice  required  under
subdivision one of this section, a public hearing with sufficient public
notice shall be held by each affected community [school] board on any or
all  aspects  of  the  site plan and by each affected community board on
aspects of the site plan which relate to the general public use  of  the
educational  facility  and  to  its impact on the surrounding community,
INCLUDING BUT NOT LIMITED TO THE RESPONSIVENESS  OF  THE  SITE  PLAN  TO
PROJECTED  CHANGES  IN  POPULATION  IN  THE  AFFECTED COMMUNITY BOARD OR
BOARDS.   The affected board may request  the  attendance  of  represen-
tatives of the authority or the city board at a hearing and the authori-
ty  or  the  city board shall comply with such requests. If the proposed
project affects two or more school districts or community boards, then a
hearing may be held jointly by the affected  community  school  [boards]
DISTRICT  EDUCATION  COUNCIL  and/or  the affected community boards. Any
affected community school [board] DISTRICT EDUCATION  COUNCIL,  together

S. 163--A                           3

with any affected community board, may at their mutual discretion, elect
to conduct a hearing jointly.
  3.  Within  forty-five  days  after  publication  of such notice, each
affected community school [board] DISTRICT EDUCATION COUNCIL or communi-
ty board shall prepare and submit to the authority, written comments  on
the  site  plan.  Any  other  organization or person shall also have the
opportunity to present written comments on the plan during this  period.
Each comment received by the authority on such plan at any time prior to
action  being  taken by the authority on the plan shall be considered by
the authority in connection with such action.
  4. After due consideration of such comments, if any, the authority may
affirm, modify or withdraw the plan.   UPON FINAL DETERMINATION  BY  THE
AUTHORITY  REGARDING THE PLAN, THE AUTHORITY SHALL MAKE PUBLIC, PURSUANT
TO SUBDIVISION THREE  OF  THIS  SECTION,  ITS  ASSESSMENT  OF  SUBMITTED
COMMENTS. SUCH ASSESSMENT SHALL INCLUDE:
  A.  A  SUMMARY  AND  AN  ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT
ALTERNATIVES SUGGESTED IF ANY;
  B. A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE OR
WERE NOT INCORPORATED INTO THE FINAL PLAN; AND
  C. A DESCRIPTION OF ANY CHANGES MADE TO THE PROPOSED PLAN AS A  RESULT
OF PUBLIC COMMENTS RECEIVED.
  5.  Nothing  herein shall preclude the authority from holding hearings
on the site plan, provided, however, that any such hearings on the  site
plan shall be conducted within the period specified in subdivision three
of this section.
  S  3. Subparagraph 1 of paragraph (c) and paragraph (e) of subdivision
3 of section 2590-b of the education law, as amended by chapter  345  of
the laws of 2009, are amended to read as follows:
  (1)  each  community  district shall: (i) be a suitable size for effi-
cient policy-making and economic management; (ii) contain  a  reasonable
number  of  pupils;  (iii)  be  compact and contiguous, contained within
county lines, and to the maximum extent possible, keep  intact  communi-
ties  and  neighborhoods;  [and]  (iv)  bear  a rational relationship to
geographic areas for which the city  of  New  York  plans  and  provides
services;  AND (V) BE CREATED CONSIDERING DATA PROVIDED BY THE OFFICE OF
CITY PLANNING, THE DEPARTMENT OF BUILDINGS, THE  DEPARTMENT  OF  HOUSING
PRESERVATION  AND  DEVELOPMENT  AND  THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE TO ENSURE A COMPREHENSIVE CITYWIDE PLAN FOR GROWTH;
  (e) The city board of education shall hold  public  hearings  in  each
borough  on  the  recommendations  submitted  by the study group and may
adopt, revise or reject in whole or in part  such  recommendations,  or,
may  request  the  study  group to submit adjusted recommendations.  THE
CITY BOARD OF EDUCATION SHALL MAKE PUBLIC, ITS ASSESSMENT  OF  SUBMITTED
COMMENTS.  SUCH ASSESSMENT SHALL INCLUDE:
  (I)  A  SUMMARY  AND  AN ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT
ALTERNATIVES SUGGESTED IF ANY;
  (II) A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES  WERE
OR WERE NOT INCORPORATED INTO THE FINAL PLAN; AND
  (III)  A  DESCRIPTION  OF  ANY  CHANGES MADE TO THE PROPOSED PLAN AS A
RESULT OF PUBLIC COMMENTS RECEIVED.
  The final recommendations shall be adopted by the city board of educa-
tion no later than February first, nineteen hundred ninety-five to  take
effect  July  first,  nineteen  hundred  ninety-six,  provided that such
revised boundaries adopted by the city board pursuant  to  this  chapter
shall  be  used  for  purposes of community school board elections to be
held on the first Tuesday in May, nineteen hundred ninety-six.

S. 163--A                           4

  S 4. Subdivision 11 of section 2590-e of the education law,  as  added
by chapter 123 of the laws of 2003, is amended to read as follows:
  11. Approve zoning lines, as submitted by the superintendent, consist-
ent  with the regulations of the chancellor, applicable to schools under
the jurisdiction of the community district.    SUCH  APPROVAL  SHALL  BE
BASED  IN  PART ON THE APPROPRIATENESS OF THE PROPOSED ZONING LINES, AND
BASED IN PART ON DATA PROVIDED BY  THE  OFFICE  OF  CITY  PLANNING,  THE
DEPARTMENT  OF  BUILDINGS,  THE  DEPARTMENT  OF HOUSING PRESERVATION AND
DEVELOPMENT AND THE DEPARTMENT OF HEALTH AND  MENTAL  HYGIENE  INCLUDING
BIRTH RATE DATA.
  S 5. Subdivision 1 of section 2590-p of the education law, as added by
chapter 738 of the laws of 1988, is amended to read as follows:
  1.  In accordance with subdivision three of this section, the chancel-
lor shall prepare  proposed  five-year  educational  facilities  capital
plans.  Each  such  plan shall describe each program element proposed in
the plan, and shall set forth an estimate of the cost  of  each  program
element,  an  estimate of the capital funding required each year and the
expected sources of such funding. The plan shall also set forth an esti-
mate of the cost of each project identified in the  plan,  shall  assign
priorities  to the projects included therein and shall state the year in
which each such project's design and  construction  is  proposed  to  be
initiated  and estimated to be completed. IN PREPARING THE PLAN AND EACH
PROJECT CONTAINED THEREIN, THE CHANCELLOR SHALL CONSIDER THE  EFFECT  OF
DATA  PROVIDED  BY THE OFFICE OF CITY PLANNING, THE DEPARTMENT OF BUILD-
INGS, THE DEPARTMENT OF HOUSING PRESERVATION  AND  DEVELOPMENT  AND  THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE, INCLUDING BIRTH RATE DATA.
  S  6.  Paragraph b of subdivision 3 of section 2590-p of the education
law, as amended by chapter 345 of the laws of 2009, is amended  to  read
as follows:
  b.  Commencing  on  November first, nineteen hundred ninety-three, and
every five years thereafter, the  chancellor  shall  submit  a  proposed
five-year  educational  facilities  capital  plan  to take effect on the
succeeding July first to  each  community  district  education  council,
which shall conduct a public hearing and shall prepare and submit recom-
mendations  to  the chancellor on or before January first of the ensuing
year with respect to matters  in  the  plan  that  involve  that  school
district.  The  chancellor  shall  consider the recommendations received
from the community district education councils, and, on or before Febru-
ary first of such year, shall submit a final proposed  five-year  educa-
tional facilities capital plan to the city board for its approval pursu-
ant  to  paragraph (d) of subdivision one of section twenty-five hundred
ninety-g of this article.  UPON CONSIDERATION OF THE RECOMMENDATIONS  OF
THE  COMMUNITY  SCHOOL DISTRICT EDUCATION COUNCILS, THE BOARD SHALL MAKE
PUBLIC, PURSUANT TO THIS PARAGRAPH, ITS ASSESSMENT OF  SUBMITTED  RECOM-
MENDATIONS. SUCH ASSESSMENT SHALL INCLUDE:
  (I)  A  SUMMARY  AND  AN ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT
ALTERNATIVES SUGGESTED IF ANY;
  (II) A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES  WERE
OR WERE NOT INCORPORATED INTO THE FINAL PLAN; AND
  (III)  A  DESCRIPTION  OF  ANY  CHANGES MADE TO THE PROPOSED PLAN AS A
RESULT OF THE RECOMMENDATIONS RECEIVED.
  S 7. Paragraph b of subdivision 3 of section 2590-p of  the  education
law,  as added by chapter 738 of the laws of 1988, is amended to read as
follows:
  b. Commencing on November first, nineteen  hundred  ninety-three,  and
every  five  years  thereafter,  the  chancellor shall submit a proposed

S. 163--A                           5

five-year educational facilities capital plan  to  take  effect  on  the
succeeding  July  first to each community school [board] DISTRICT EDUCA-
TION COUNCIL, which shall conduct a public hearing and shall prepare and
submit  recommendations  to the chancellor on or before January first of
the ensuing year with respect to matters in the plan that  involve  that
school  district.  The  chancellor  shall  consider  the recommendations
received from the community school [boards] DISTRICT EDUCATION  COUNCIL,
and,  on  or  before  February  first of such year, shall submit a final
proposed five-year educational facilities capital plan to the city board
for its approval. On or before March first of such year, the city  board
shall  approve the five-year educational facilities capital plan submit-
ted by the chancellor or such plan as is determined by the  city  board.
UPON  CONSIDERATION  OF  THE  RECOMMENDATIONS  OF  THE  COMMUNITY SCHOOL
DISTRICT EDUCATION COUNCILS, THE BOARD SHALL MAKE  PUBLIC,  PURSUANT  TO
THIS  PARAGRAPH,  ITS  ASSESSMENT  OF  SUBMITTED  RECOMMENDATIONS.  SUCH
ASSESSMENT SHALL INCLUDE:
  (I) A SUMMARY AND AN ANALYSIS OF THE  ISSUES  RAISED  AND  SIGNIFICANT
ALTERNATIVES SUGGESTED IF ANY;
  (II)  A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE
OR WERE NOT INCORPORATED INTO THE FINAL PLAN; AND
  (III) A DESCRIPTION OF ANY CHANGES MADE TO  THE  PROPOSED  PLAN  AS  A
RESULT OF THE RECOMMENDATIONS RECEIVED.
  S  8.  Paragraph a of subdivision 6 of section 2590-p of the education
law, as added by chapter 738 of the laws of 1988, is amended to read  as
follows:
  a.  For  each  project  included  in an approved five-year educational
facilities capital plan, the chancellor shall develop a  detailed  scope
of  the project, which shall include the following: (i) the purposes and
public to be served, (ii) the programs to be conducted in the  facility,
(iii) the gross amounts of space and bulk for any building or structure,
(iv)  identification  of the intent to use architectural, engineering or
other  consultant  services  and  estimated  fees  for  such  consultant
services,  (v)  the  schedule of design and construction, (vi) the total
estimated project costs, including costs for site acquisition,  prepara-
tion  and  tenant  relocation, design, construction and equipment, (vii)
maximum estimated expenditures for the  project  for  each  fiscal  year
until its completion, (viii) costs associated with maintenance and oper-
ation  of  the physical plant [and], (ix) THE EFFECT OF DATA PROVIDED BY
THE OFFICE OF CITY PLANNING, THE DEPARTMENT OF BUILDINGS, THE DEPARTMENT
OF HOUSING PRESERVATION AND DEVELOPMENT AND THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE, INCLUDING BIRTH RATE DATA FOR EACH PROJECT  INCLUDED  IN
THE  PLAN, AND (X) such other information as the chancellor shall speci-
fy. In the event, a project consists of a program element without  iden-
tification of the particular education facility at which such project is
to  be  performed,  the  detailed scope of the project shall specify the
nature of the work to be performed, applicable price and quality  stand-
ards,  a  list of the schools eligible for such work, annual performance
targets and the total estimated costs of such project during each fiscal
year until its completion.
  S 9. This act shall take effect immediately; provided:
  a. the amendments to subdivision 3 of section 2590-b of the  education
law made by section three of this act shall not affect the expiration of
such section and shall expire and be deemed repealed therewith;
  b. the amendments to subdivision 11 of section 2590-e of the education
law made by section four of this act shall not affect the repeal of such
subdivision and shall expire and be deemed repealed therewith; and

S. 163--A                           6

  c. the amendments to paragraph b of subdivision 3 of section 2590-p of
the  education  law  made by section six of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 34 of
chapter 91 of the laws of 2002, as amended,  when  upon  such  date  the
provisions of section seven of this act shall take effect.

Co-Sponsors

S163B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10121
Current Committee:
Law Section:
Public Authorities Law
Laws Affected:
Amd §§1728 & 1731, Pub Auth L; amd §2590-p, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2884
2009-2010: S7033

S163B (ACTIVE) - Bill Texts

view summary

Authorizes the New York city school construction authority to obtain certain demographic data and utilize such data in connection with the authority's five-year educational facilities capital plan; requires consideration of student demographic data in connection with approval of five-year educational facilities capital plans; and requires the publication of findings and commentary on such plan.

view sponsor memo
BILL NUMBER:S163B

TITLE OF BILL: An act to amend the public authorities law, in
relation to authorizing the New York city school construction
authority to obtain certain population data and utilize such data in
connection with the authority's five-year educational facilities
capital plan; and to amend the education law, in relation to requiring
consideration of student population data in connection with approval
of five-year educational facilities capital plans and to require the
publication of findings and commentary on such plan

PURPOSE:

To require the School Construction Authority and the New York City
Department of Education to use data provided by the New York city
Office of City Planning, the New York City Department of Buildings,
the New York City Department of Housing Preservation and Development,
and New York City Department of Health and Mental Hygiene to generate
better population projections for use in school zoning, siting and the
five-year capital plan, and to require increased transparency in
planning and greater opportunity for public input.

SUMMARY OF PROVISIONS:

Section 1 amends section 1728 subdivision 13 of the public authorities
law to require the New York City School Construction Authority to
coordinate with the Department of Health and Mental Hygiene, the
Department of Buildings, the Department of Housing Preservation and
Development and the Office of City Planning to obtain relevant data to
use in creating population projections, which will serve as the basis
for the school authority's five year educational facilities capital
plan.

Section 2 amends section 1731 of the public authorities law and
requires that school construction authority siting plans for new or
improved facilities include information on the prospective student
population for the affected community school districts and community
boards and the reason the proposed action is necessary and how the
plan factors and accounts for student population projections. It also
requires that during the public hearing held by each affected
community school district education council and community board, the
responsiveness of the site plan to projected changes in student
population and how the plan factors and accounts for student
population projections is included in said hearing.

Section 3 amends section 2590-p of the education law to require that
the chancellor - when preparing the five-year capital plan - shall
factor and account for the effect of data provided by the Office of
city Planning, the Department of Buildings, the Department of Housing
Preservation and Development and the Department of Health and Mental
Hygiene.

Section 4 amends section 2590-p of the education law to require the
chancellor to include within the detailed scope of project - for each
project included in the five-year capital plan - how the data provided
by the Office of City Planning, the Department of Buildings, the


Department of Housing Preservation and the Department of Health and
Mental Hygiene is factored and accounted for.

Section 5 amends section 2590-p of the education law that the board -
upon submission of recommendations to the chancellor by each community
school district education council regarding the five-year capital plan
- shall make public (i) a summary of the issues raised (ii) a
statement of the reason why any significant alternative
recommendations were or were not incorporated in the final plan (iii)
a description of any changes made to the proposed plan as a result of
the issues raised.

Section 6 amends section 2590-p of the education law to require the
board to make public submitted recommendations to the five-year
capital plan, a summary of alternatives proposed, a statement of why
they were not incorporated into the final plan, and a description of
any changes made to the proposed plan as a result of the
recommendations received.

JUSTIFICATION:

According to a report by Manhattan Borough President Scott M.
Stringer, as many as 13,000 New York City children will be without
seats in public schools by 2016 despite increased capital spending by
the City, This bill attempts to address this discrepancy by ensuring
that the School construction Authority and the Department of Education
use data available from the Office of City Planning, the Department of
Buildings, the Department of Housing Preservation and Development and
the Department of Health and Mental Hygiene, in making population
projections for use in its five year capital plan, and for proposing
zoning lines and creating school siting plans.

The bill also ensures greater transparency and a role for the public
in planning; the Department of Education will have to make public the
data used to project student populations, and address how each siting
plan responds to projected population changes.

These reforms will lead to more accurate projections, better
transparency in planning, and a stronger voice for the public.

LEGISLATIVE HISTORY:

2010: S.7033/A.11433
2012: Referred to Corporations, Authorities and Commissions

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately, with provisions.

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

                                 163--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  SQUADRON, AVELLA, DILAN, HOYLMAN, PERKINS -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on Corporations, Authorities and Commissions -- recommitted
  to the Committee  on  Corporations,  Authorities  and  Commissions  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said committee

AN ACT to amend the public authorities law, in relation  to  authorizing
  the  New  York  city  school  construction authority to obtain certain
  population data and utilize such data in connection with the  authori-
  ty's  five-year  educational facilities capital plan; and to amend the
  education law, in relation to requiring consideration of student popu-
  lation data in  connection  with  approval  of  five-year  educational
  facilities  capital  plans  and to require the publication of findings
  and commentary on such plan

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

  Section  1.  Subdivision  13 of section 1728 of the public authorities
law, as added by chapter 738 of the laws of 1988, is  amended  and  four
new subdivisions 13-a, 13-b, 13-c and 13-d are added to read as follows:
  13.  To enter into agreements with the city's department of city plan-
ning to render any services the authority may request, including but not
limited to professional and technical assistance  by  planning  experts,
engineers,  architects  and any other staff as may be necessary, and the
use of the premises, personnel, equipment, ACCESS TO RELEVANT  DATA  and
personal  property  of  the  department of city planning[. The authority
shall provide for reimbursement to the department of city planning  from
the  authority for any expenses incurred by the department of city plan-
ning in carrying out the terms of any such agreements];

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00267-11-4

S. 163--B                           2

  13-A. TO ENTER INTO AGREEMENTS WITH THE CITY'S  DEPARTMENT  OF  HEALTH
AND  MENTAL  HYGIENE  TO  RENDER ANY SERVICES THE AUTHORITY MAY REQUEST,
INCLUDING BUT NOT LIMITED TO ACCESS TO DATA NECESSARY TO DEVELOP REASON-
ABLE STUDENT POPULATION PROJECTIONS  CITYWIDE  AND  FOR  EACH  COMMUNITY
SCHOOL DISTRICT;
  13-B. TO ENTER INTO AGREEMENTS WITH THE CITY'S DEPARTMENT OF BUILDINGS
TO  RENDER  ANY  SERVICES  THE  AUTHORITY MAY REQUEST, INCLUDING BUT NOT
LIMITED TO ACCESS TO BUILDING PERMIT AND  CONSTRUCTION  DATA,  INCLUDING
THE NUMBER AND SIZE OF UNITS WITHIN BUILDINGS;
  13-C.  TO  ENTER INTO AGREEMENTS WITH THE CITY'S DEPARTMENT OF HOUSING
PRESERVATION AND DEVELOPMENT TO RENDER ANY SERVICES  THE  AUTHORITY  MAY
REQUEST,  INCLUDING  BUT  NOT  LIMITED  TO ACCESS TO BUILDING PERMIT AND
CONSTRUCTION DATA, INCLUDING THE NUMBER AND SIZE OF UNITS WITHIN  BUILD-
INGS;
  13-D.  TO  COORDINATE WITH THE OFFICE OF CITY PLANNING, THE DEPARTMENT
OF BUILDINGS, THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT AND
THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE TO CREATE UNIFORM,  CITYWIDE
STUDENT  POPULATION  PROJECTIONS  AND  COMMUNITY SCHOOL DISTRICT STUDENT
POPULATION PROJECTIONS, FOR A MINIMUM  OF  FIVE  YEARS,  BASED  ON  DATA
PRODUCED  BY  THE  OFFICE OF CITY PLANNING, THE DEPARTMENT OF BUILDINGS,
THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT AND  THE  DEPART-
MENT OF HEALTH AND MENTAL HYGIENE. SUCH PROJECTIONS SHALL BE USED IN THE
CREATION  AND  IMPLEMENTATION  OF  THE AUTHORITY'S FIVE-YEAR EDUCATIONAL
FACILITIES CAPITAL PLAN;
  S 2. Section 1731 of the public authorities law, as added  by  chapter
738 of the laws of 1988, is amended to read as follows:
  S  1731.  Community  participation.  1. Prior to the commencing of new
construction or building additions of an educational  facility,  or  the
acquisition  of  real property or any interest therein for such purpose,
the authority shall file a copy of the site plan of such facility in its
offices and shall provide a copy thereof to the  city  board,  the  city
planning  commission and the community school [board] DISTRICT EDUCATION
COUNCIL and THE community board of the district in  which  the  facility
will  be  located.    SUCH  PLAN SHALL INCLUDE DATA ON PROJECTED STUDENT
POPULATION FOR THE COMMUNITY SCHOOL DISTRICT OR DISTRICTS AND THE COMMU-
NITY BOARD OR BOARDS AFFECTED, THE SOURCE OF THAT DATA  AND  THE  REASON
THE  PROPOSED ACTION IS NECESSARY AND HOW SUCH PLAN FACTORS AND ACCOUNTS
FOR STUDENT POPULATION PROJECTIONS. Upon request, any other person shall
be furnished with such plan or a summary thereof.  The  authority  shall
publish  in  a  newspaper of general circulation in the city a notice of
the filing of such plan and the availability of the plan and  a  summary
thereof.  Such  plan shall include, in the case of any project for which
the acquisition of real property or interest therein  is  proposed,  the
recommended  site,  any alternate sites considered, and any rationale as
to why the alternate sites were not selected.
  2. Within thirty days after publication of the notice  required  under
subdivision one of this section, a public hearing with sufficient public
notice  shall be held by each affected community school [board] DISTRICT
EDUCATION COUNCIL on any or all aspects of the site  plan  and  by  each
affected community board on aspects of the site plan which relate to the
general  public use of the educational facility and to its impact on the
surrounding community, INCLUDING BUT NOT LIMITED TO  THE  RESPONSIVENESS
OF  THE  SITE  PLAN  TO  PROJECTED  CHANGES IN STUDENT POPULATION IN THE
AFFECTED COMMUNITY BOARD  OR  BOARDS  AND  HOW  SUCH  PLAN  FACTORS  AND
ACCOUNTS  FOR  STUDENT  POPULATION PROJECTIONS.   The affected board may
request the attendance of representatives of the authority or  the  city

S. 163--B                           3

board at a hearing and the authority or the city board shall comply with
such  requests.  If  the  proposed  project  affects  two or more school
districts or community boards, then a hearing may be held jointly by the
affected community school [boards] DISTRICT EDUCATION COUNCIL and/or the
affected   community  boards.  Any  affected  community  school  [board]
DISTRICT EDUCATION COUNCIL, together with any affected community  board,
may at their mutual discretion, elect to conduct a hearing jointly.
  3.  Within  forty-five  days  after  publication  of such notice, each
affected community school [board] DISTRICT EDUCATION COUNCIL or communi-
ty board shall prepare and submit to the authority, written comments  on
the  site  plan.  Any  other  organization or person shall also have the
opportunity to present written comments on the plan during this  period.
Each comment received by the authority on such plan at any time prior to
action  being  taken by the authority on the plan shall be considered by
the authority in connection with such action.
  4. After due consideration of such comments, if any, the authority may
affirm, modify or withdraw the plan.
  5. Nothing herein shall preclude the authority from  holding  hearings
on  the site plan, provided, however, that any such hearings on the site
plan shall be conducted within the period specified in subdivision three
of this section.
  S 3. Subdivision 1 of section 2590-p of the education law, as added by
chapter 738 of the laws of 1988, is amended to read as follows:
  1. In accordance with subdivision three of this section, the  chancel-
lor  shall  prepare  proposed  five-year  educational facilities capital
plans. Each such plan shall describe each program  element  proposed  in
the  plan,  and  shall set forth an estimate of the cost of each program
element, an estimate of the capital funding required each year  and  the
expected sources of such funding. The plan shall also set forth an esti-
mate  of  the  cost of each project identified in the plan, shall assign
priorities to the projects included therein and shall state the year  in
which  each  such  project's  design  and construction is proposed to be
initiated and estimated to be completed. IN PREPARING THE PLAN AND  EACH
PROJECT  CONTAINED  THEREIN, THE CHANCELLOR SHALL FACTOR AND ACCOUNT FOR
THE EFFECT OF DATA PROVIDED BY THE OFFICE OF CITY PLANNING, THE  DEPART-
MENT  OF  BUILDINGS, THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOP-
MENT AND THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE PURSUANT TO  SUBDI-
VISIONS  THIRTEEN-A,  THIRTEEN-B,  THIRTEEN-C, AND THIRTEEN-D OF SECTION
SEVENTEEN HUNDRED TWENTY-EIGHT OF THE PUBLIC AUTHORITIES LAW.
  S 4. Paragraph a of subdivision 6 of section 2590-p of  the  education
law,  as added by chapter 738 of the laws of 1988, is amended to read as
follows:
  a. For each project included  in  an  approved  five-year  educational
facilities  capital  plan, the chancellor shall develop a detailed scope
of the project, which shall include the following: (i) the purposes  and
public  to be served, (ii) the programs to be conducted in the facility,
(iii) the gross amounts of space and bulk for any building or structure,
(iv) identification of the intent to use architectural,  engineering  or
other  consultant  services  and  estimated  fees  for  such  consultant
services, (v) the schedule of design and construction,  (vi)  the  total
estimated  project costs, including costs for site acquisition, prepara-
tion and tenant relocation, design, construction  and  equipment,  (vii)
maximum  estimated  expenditures  for  the  project for each fiscal year
until its completion, (viii) costs associated with maintenance and oper-
ation of the physical plant [and], (ix) HOW THE  DATA  PROVIDED  BY  THE
OFFICE  OF CITY PLANNING, THE DEPARTMENT OF BUILDINGS, THE DEPARTMENT OF

S. 163--B                           4

HOUSING PRESERVATION AND DEVELOPMENT AND THE DEPARTMENT  OF  HEALTH  AND
MENTAL  HYGIENE  PURSUANT  TO SUBDIVISIONS THIRTEEN-A, THIRTEEN-B, THIR-
TEEN-C, AND THIRTEEN-D OF SECTION SEVENTEEN HUNDRED TWENTY-EIGHT OF  THE
PUBLIC AUTHORITIES LAW IS FACTORED AND ACCOUNTED FOR, AND (X) such other
information  as  the  chancellor  shall specify. In the event, a project
consists of a program element without identification of  the  particular
education  facility  at  which  such  project  is  to  be performed, the
detailed scope of the project shall specify the nature of the work to be
performed, applicable price and quality standards, a list of the schools
eligible for such work, annual performance targets and the  total  esti-
mated   costs  of  such  project  during  each  fiscal  year  until  its
completion.
  S 5. Paragraph b of subdivision 3 of section 2590-p of  the  education
law,  as  amended by chapter 345 of the laws of 2009, is amended to read
as follows:
  b. Commencing on November first, nineteen  hundred  ninety-three,  and
every  five  years  thereafter,  the  chancellor shall submit a proposed
five-year educational facilities capital plan  to  take  effect  on  the
succeeding  July first to each community SCHOOL district education coun-
cil, which shall conduct a public hearing and shall prepare  and  submit
recommendations  to  the  chancellor  on  or before January first of the
ensuing year with respect to matters  in  the  plan  that  involve  that
school  district.   UPON SUBMISSION OF SUCH RECOMMENDATIONS TO THE CHAN-
CELLOR, THE BOARD SHALL MAKE PUBLIC, PURSUANT TO THIS PARAGRAPH:
  (I) A SUMMARY OF THE ISSUES RAISED AT SUCH HEARING;
  (II) A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVE RECOM-
MENDATIONS AT SUCH HEARING WERE OR WERE NOT INCORPORATED INTO THE  FINAL
PLAN; AND
  (III)  A  DESCRIPTION  OF  ANY  CHANGES MADE TO THE PROPOSED PLAN AS A
RESULT OF THE ISSUES RAISED AT SUCH HEARING.
  The chancellor shall consider the recommendations  received  from  the
community  district education councils, and, on or before February first
of such year, shall submit a final proposed five-year educational facil-
ities capital plan to the city board for its approval pursuant to  para-
graph  (d) of subdivision one of section twenty-five hundred ninety-g of
this article.
  S 6. Paragraph b of subdivision 3 of section 2590-p of  the  education
law,  as added by chapter 738 of the laws of 1988, is amended to read as
follows:
  b. Commencing on November first, nineteen  hundred  ninety-three,  and
every  five  years  thereafter,  the  chancellor shall submit a proposed
five-year educational facilities capital plan  to  take  effect  on  the
succeeding  July  first to each community school [board] DISTRICT EDUCA-
TION COUNCIL, which shall conduct a public hearing and shall prepare and
submit recommendations to the chancellor on or before January  first  of
the  ensuing  year with respect to matters in the plan that involve that
school district.  The  chancellor  shall  consider  the  recommendations
received  from  the  community [school boards] SCHOOL DISTRICT EDUCATION
COUNCIL, and, on or before February first of such year, shall  submit  a
final proposed five-year educational facilities capital plan to the city
board  for its approval. On or before March first of such year, the city
board shall approve the five-year educational  facilities  capital  plan
submitted  by  the  chancellor or such plan as is determined by the city
board.  UPON SUBMISSION OF SUCH RECOMMENDATIONS TO THE  CHANCELLOR,  THE
BOARD SHALL MAKE PUBLIC, PURSUANT TO THIS PARAGRAPH:
  (I) A SUMMARY OF THE ISSUES RAISED AT SUCH HEARING;

S. 163--B                           5

  (II) A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVE RECOM-
MENDATIONS  AT SUCH HEARING WERE OR WERE NOT INCORPORATED INTO THE FINAL
PLAN; AND
  (III)  A  DESCRIPTION  OF  ANY  CHANGES MADE TO THE PROPOSED PLAN AS A
RESULT OF THE ISSUES RAISED AT SUCH HEARING.
  S 7. This act shall take effect immediately; provided that the  amend-
ments to paragraph b of subdivision 3 of section 2590-p of the education
law  made by section five of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 34 of  chapter  91
of  the  laws of 2002, as amended, when upon such date the provisions of
section six of this act shall take effect.

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