LBD15564-11-4
A. 10083--A 2
(i) "Program manager" shall mean an independent program management
firm hired by the [RSC board] RJSCB to assist it in: (i) developing and
implementing procedures for the projects undertaken and contracted for
by the [RSC board] RJSCB; (ii) reviewing plans and specifications for
projects; (iii) developing and implementing policies and procedures to
utilize employment resources to provide sufficient skilled employees for
such projects including developing and implementing training programs,
if required; [and] (iv) managing such projects; AND (V) PROVIDING SUCH
PLANNING, DESIGN, FINANCING, AND OTHER SERVICES AS MAY BE APPROPRIATE TO
IMPLEMENT ONE OR MORE CONSTRUCTION OR RECONSTRUCTION PROJECTS PURSUANT
TO THIS ACT.
(j) "Independent compliance officer" shall mean [a person] AN INDE-
PENDENT FIRM HIRED BY THE RJSCB with an in-depth knowledge base and
breadth of experience conducting minority and women-owned business
enterprise (MWBE) and disadvantaged business enterprise (DBE) utiliza-
tion compliance monitoring for public contracts within New York state
including school districts AND AUDITING CONTRACTORS AND SUBCONTRACTORS
IN CONSTRUCTION AND RECONSTRUCTION PROJECTS LIKE THOSE TO BE UNDERTAKEN
AND CONTRACTED FOR BY THE RJSCB PURSUANT TO THIS ACT.
(K) "PROFESSIONAL SERVICES" SHALL MEAN ACCOUNTING, LEGAL, PROGRAM
MANAGEMENT, AND OTHER SUCH SERVICES PROVIDED BY A FORMALLY CERTIFIED
MEMBER OF SUCH PROFESSIONAL ORGANIZATION.
(L) "MAYOR" SHALL MEAN THE MAYOR OF THE CITY OF ROCHESTER.
(M) "SUPERINTENDENT" SHALL MEAN THE SUPERINTENDENT OF THE ROCHESTER
CITY SCHOOL DISTRICT.
(N) "ROCHESTER CITY SCHOOL DISTRICT BOARD" SHALL MEAN THE ELECTED
BOARD OF THE ROCHESTER CITY SCHOOL DISTRICT.
(O) "ROCHESTER CITY COUNCIL" SHALL MEAN THE ELECTED COUNCIL FOR THE
CITY OF ROCHESTER.
S 2. Subdivisions (a) and (b) of section 3 of chapter 416 of the laws
of 2007 establishing the city of Rochester and the board of education of
the city school district of the city of Rochester school facilities
modernization program act, are amended to read as follows:
(a) For the benefit of the city of Rochester and the inhabitants ther-
eof, a board to be known as the Rochester joint schools construction
board, and sometimes referred to as the [RSC board] RJSCB, is hereby
established for the accomplishment of any of the purposes specified in
this act. It shall have the powers and duties now or hereafter conferred
by subdivision (c) of this section. The board, its members, officers and
employees and its operations and activities shall in all respects be
governed by the provisions of this act.
(b) Such board shall be composed of seven voting members: three of
whom shall be appointed by the mayor of the city; three of whom shall be
appointed by the superintendent of the board of education of the city
school district; AND one of whom shall be independent from both the city
school district and the city but who shall have been agreed upon by the
mayor and the superintendent; and one non-voting member who shall be the
independent compliance officer, or the representative of the independent
compliance officer. One of the voting members shall be chosen, by such
voting members, to serve as chair of the board. Members of the board
shall not receive a salary or other compensation for such board duties,
but shall be entitled to reimbursement for actual and necessary expenses
incurred in the performance of his or her board duties. Members of the
board shall not be disqualified from holding public office or employ-
ment, nor shall they forfeit any office or employment by reason of their
appointment, notwithstanding the provisions of any general, special, or
A. 10083--A 3
local law, ordinance or city charter to the contrary. THE BOARD WILL BE
RECONSTITUTED ON THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF 2014
THAT AMENDED THIS SUBDIVISION AND THE TERM OF EACH PRIOR BOARD MEMBER
SHALL AUTOMATICALLY EXPIRE ON SUCH DATE PROVIDED HOWEVER THAT NOTHING
SHALL PRECLUDE THE REAPPOINTMENT OF AN EXISTING BOARD MEMBER.
S 3. Subdivision (c) of section 3 of chapter 416 of the laws of 2007
establishing the city of Rochester and the board of education of the
city school district of the city of Rochester school facilities modern-
ization program act, is amended by adding a new paragraph 6 to read as
follows:
6. TO ENGAGE AN EXECUTIVE DIRECTOR OR APPOINT AN ADVISORY STAFF
CONSISTING OF CITY AND CITY SCHOOL DISTRICT EMPLOYEES TO PROVIDE OVER-
SIGHT OF THE PROGRAM MANAGER PROVIDED THAT THE EXECUTIVE DIRECTOR SHALL
NOT HAVE BEEN OR BE A MEMBER OF THE RJSCB WITHIN THE TWENTY-FOUR MONTH
PERIOD PRECEDING OR SUBSEQUENT TO SERVING AS THE EXECUTIVE DIRECTOR.
S 4. Sections 4, 5, 6, 7, 8, 9, 10, 11 and 13 of chapter 416 of the
laws of 2007 establishing the city of Rochester and the board of educa-
tion of the city school district of the city of Rochester school facili-
ties modernization program act, section 5 as amended by chapter 66 of
the laws of 2012, are amended to read as follows:
S 4. Project authorization. No more than: (A) 13 projects, up to a
total cost of three hundred twenty-five million dollars IN PHASE ONE,
AND (B) 26 PROJECTS, UP TO A TOTAL COST OF FOUR HUNDRED THIRTY-FIVE
MILLION DOLLARS IN PHASE TWO, shall be authorized and undertaken pursu-
ant to this act, unless otherwise authorized by law.
S 5. Comprehensive school facilities modernization plan. [Before
formal selection of the projects occurs, the RSC board shall develop]
THE SUPERINTENDENT SHALL SUBMIT TO THE RJSCB A COMPREHENSIVE DRAFT PLAN
RECOMMENDING AND OUTLINING THE PROJECTS FOR PHASE TWO IT PROPOSES TO BE
UNDERTAKEN PURSUANT TO THIS ACT. THE RJSCB SHALL CONSIDER THE PLAN IN
DEVELOPING a comprehensive school facilities modernization plan recom-
mending and outlining the projects it proposes to be potentially under-
taken pursuant to this act. Such plan shall include: (a) an estimate of
total costs to be financed, proposed financing plan, proposed method of
financing, terms and conditions of the financing, estimated financing
costs, and, if city general obligation bonds or notes are not proposed
as the method of financing, a comparison of financing costs between such
bonds or notes and the proposed method of financing. Payment of debt
service on bonds, notes or other obligations issued to secure financing
of not more than $325,000,000 IN PHASE ONE AND $435,000,000 IN PHASE TWO
for projects undertaken pursuant to this act shall not be considered
when determining the "city amount" required pursuant to subparagraph
(ii) of paragraph a of subdivision 5-b of section 2576 of the education
law; provided, however, that this provision shall not otherwise affect
the determination of said "city amount" with respect to funding unre-
lated to projects undertaken pursuant to this act. The plan should also
address what specific options would be used to ensure that sufficient
resources exist to cover the local share of any such project cost on an
annual basis; (b) information concerning the potential persons to be
involved in the financing and such person's role and responsibilities;
(c) estimates on the design, reconstruction and rehabilitation costs by
project, any administrative costs for potential projects, and an outline
of the timeframe expected for completion of each potential project; (d)
a detailed description of the request for proposals process and an
outline of the criteria to be used for selection of the program manager,
the independent compliance officer and all contractors; PROVIDED THAT
A. 10083--A 4
THE RJSCB MAY EXTEND THE CONTRACTS OF THE PROVIDERS OF PROFESSIONAL
SERVICES FOR PHASE ONE UPON THE ADOPTION OF FINDINGS THAT DOING SO WOULD
BE IN THE PUBLIC INTEREST; THE CONTRACTS OF THE PROGRAM MANAGER AND THE
INDEPENDENT COMPLIANCE OFFICER FOR PHASE TWO WILL BE REBID, AND PROVIDED
FURTHER THAT THE PROGRAM MANAGER AND THE INDEPENDENT COMPLIANCE OFFICER
AND ANY NEW OR DIFFERENT PROVIDERS OF PROFESSIONAL SERVICES SHALL BE
ENGAGED IN COMPLIANCE WITH THE PROVISIONS OF SECTION EIGHT OF THIS ACT;
(e) any proposed amendments to the city school district's five-year
capital facilities plan submitted in accordance with subdivision 6 of
section 3602 of the education law and the regulations of the commission-
er; and (f) a preliminary diversity plan to develop diversity goals,
including appropriate community input and public discussion, and develop
strategies that would create and coordinate any efforts to ensure a more
diverse workforce for the projects. The preliminary diversity plan
should address accountability for attainment of the diversity goals,
what forms of monitoring would be used, and how such information would
be publicly communicated.
Prior to the development of the comprehensive school facilities
modernization plan, the [RSC board] RJSCB AND DISTRICT shall hold as
many public hearings as may be necessary to ensure sufficient public
input and allow for significant public discussion on school building
needs in such city, with at least one hearing to be held in each neigh-
borhood potentially impacted by a proposed project.
All projects proposed in the comprehensive school facilities modern-
ization plan shall be included by the city school district as a special
section of the district's five-year capital facilities plan that is
required pursuant to subdivision 6 of section 3602 of the education law
and the regulations of the commissioner.
The [RSC board] RJSCB shall submit the components of such comprehen-
sive plan outlined in subdivision (a) of this section to the comp-
troller, along with any other information requested by the comptroller,
for his or her review and approval.
S 6. Project selection. Notwithstanding any general, special or
local law to the contrary and upon approval by the comptroller pursuant
to section five of this act, the [RSC board] RJSCB may select projects
to be undertaken pursuant to this act, as provided for in such approved
comprehensive plan. After the [RSC board] RJSCB has selected a new
project and plans and specifications for such project have been prepared
and approved by the [RSC board] RJSCB, which are consistent with the
approved comprehensive plan, the [RSC board] RJSCB shall deliver such
plans and specifications to the SUPERINTENDENT OF THE CITY SCHOOL
DISTRICT AND THE MAYOR OF THE CITY OF ROCHESTER FOR REVIEW TO ENSURE
THAT SUFFICIENT RESOURCES EXIST TO PAY THE LOCAL SHARE OF ANY SUCH
PROJECT COST ON AN ANNUAL BASIS AND THAT THE PLANS MEET PROGRAM NEEDS,
AND UPON THE APPROVAL OF THE SUPERINTENDENT, TO THE commissioner for his
or her approval. After approval by the SUPERINTENDENT AND commissioner,
the plans and specifications shall be returned to the [RSC board] RJSCB.
All such specifications shall detail the number of students the
completed project is intended to serve, the site description, the types
of subjects to be taught, the types of activities for school, recre-
ational, social, safety, or other purposes intended to be incorporated
in the school building or on its site and such other information as the
[RSC board] RJSCB and the commissioner shall deem necessary or advis-
able. THE DISTRICT PROGRAM MANAGER SHALL ESTABLISH REASONABLE GUIDE-
LINES OR LIMITS ON INCIDENTAL COSTS TO ASSURE THAT TO THE GREATEST
EXTENT POSSIBLE SUCH COSTS FOR EACH PROJECT DO NOT EXCEED THE STATE'S
A. 10083--A 5
MAXIMUM INCIDENTAL COST ALLOWANCE, IN ORDER TO MAXIMIZE EFFICIENT USE OF
STATE BUILDING AID.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE RJSCB
SHALL SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS AUTHORIZED PURSU-
ANT TO SUBDIVISION (B) OF SECTION FOUR OF THIS ACT AFTER THE COMPLETION
OF SCHEMATIC PLANS AND SPECIFICATIONS FOR REVIEW BY THE COMMISSIONER. IF
THE TOTAL PROJECT COSTS ASSOCIATED WITH SUCH PROJECTS EXCEED THE SUM OF
THE ESTIMATED INDIVIDUAL APPROVED COST ALLOWANCE OF EACH BUILDING
PROJECT BY MORE THAN THE LESSER OF 43 MILLION DOLLARS OR TEN PERCENT OF
THE APPROVED COSTS, AND THE CITY SCHOOL DISTRICT HAS NOT OTHERWISE
DEMONSTRATED TO THE SATISFACTION OF THE EDUCATION DEPARTMENT THE AVAIL-
ABILITY OF ADDITIONAL LOCAL SHARES FOR SUCH EXCESS COSTS, THEN THE RJSCB
SHALL NOT PROCEED WITH THE PREPARATION OF FINAL PLANS AND SPECIFICATIONS
FOR SUCH PROJECTS UNTIL THE PROJECTS HAVE BEEN REDESIGNED OR VALUE-ENGI-
NEERED TO REDUCE ESTIMATED PROJECT COSTS SO AS NOT TO EXCEED THE ABOVE
COST LIMITS.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE RJSCB
SHALL SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS AUTHORIZED PURSU-
ANT TO SUBDIVISION (B) OF SECTION FOUR OF THIS ACT AFTER THE COMPLETION
OF FIFTY PERCENT OF THE FINAL PLANS AND SPECIFICATIONS FOR REVIEW BY THE
COMMISSIONER. IF THE TOTAL PROJECT COSTS ASSOCIATED WITH SUCH PROJECTS
EXCEED THE SUM OF THE ESTIMATED INDIVIDUAL APPROVED COST ALLOWANCE OF
EACH BUILDING PROJECT BY MORE THAN THE LESSER OF 43 MILLION DOLLARS OR
TEN PERCENT OF THE APPROVED COSTS, AND THE CITY SCHOOL DISTRICT HAS NOT
OTHERWISE DEMONSTRATED TO THE SATISFACTION OF THE EDUCATION DEPARTMENT
THE AVAILABILITY OF ADDITIONAL LOCAL SHARE FOR SUCH EXCESS COSTS, THEN
THE RJSCB SHALL NOT PROCEED WITH THE COMPLETION OF THE REMAINING FIFTY
PERCENT OF THE PLANS AND SPECIFICATIONS FOR SUCH PROJECTS UNTIL THE
PROJECTS HAVE BEEN REDESIGNED OR VALUE-ENGINEERED TO REDUCE ESTIMATED
PROJECT COSTS SO AS NOT TO EXCEED THE ABOVE COST LIMITS.
S 7. Contract authorization. (a) The [RSC board] RJSCB, upon receipt
of such approved plans and specifications for a project contained within
the comprehensive school facilities modernization plan, may enter into
contracts on behalf of the city or the city school district, or both,
for such project.
(b) Notwithstanding the provisions of any other general, special, or
local law to the contrary, relating to the length, duration, and terms
of contracts that the city or the city school district may enter into,
the [RSC board] RJSCB, on behalf of the city and the city school
district, is hereby authorized and empowered to enter into contracts
relating to projects undertaken pursuant to this act with any person,
upon such terms and conditions and for such consideration and for such
terms and duration, not to exceed thirty years, as may be agreed upon by
the [RSC board] RJSCB and such person, whereby such person is granted
the right to design, reconstruct, rehabilitate, equip, finance or manage
one or more projects in accordance with the design, plans and specifica-
tions for such projects approved by the [RSC board] RJSCB and the
commissioner, as set forth in section six of this act. All such
contracts shall comply with the provisions of section nine of this act.
(c) In the event the [RSC board] RJSCB shall cease to exist for any
reason whatsoever during the life of such contracts as it has entered
into pursuant to this act, such contract shall remain in full force and
effect and the city school district and the city shall stand in the
place and stead of the [RSC board] RJSCB with respect to all rights and
obligations under such contracts and with respect to all powers granted
to the [RSC board] RJSCB by this act; provided, however, that such
A. 10083--A 6
powers are exercised by the city and the city school district jointly
and pursuant to their respective jurisdictions and the general laws
applicable thereto, except as modified by this act.
S 8. Public bidding. Any contract entered into between the [RSC
board] RJSCB and any person pursuant to this act shall be awarded pursu-
ant to public bidding in compliance with section 103 of the general
municipal law.
S 9. Contracts generally. Notwithstanding the provisions of any
general, special, or local law or judicial decision to the contrary:
(a) The [RSC board] RJSCB may require a contractor, as a condition to
being awarded a contract, subcontract, lease, grant, bond, covenant or
other agreement for a project to enter into a project labor agreement
for the work involved with such project when such requirement is made
part of the bid specifications for the project and when the [RSC board]
RJSCB determines that the record supporting the decision to enter into
such an agreement establishes that it is justified by the interests
underlying the competitive bidding laws. IN ADDITION, THE RJSCB MAY
REVISE AND EXTEND THE REQUIREMENTS OF THE PROJECT LABOR AGREEMENT
ENTERED INTO FOR PHASE ONE PROJECTS TO THE PROJECTS AUTHORIZED IN PHASE
TWO, CONTINGENT UPON THE COMPLETION OF A SUPPLEMENTAL PROJECT LABOR
AGREEMENT BENEFIT ANALYSIS.
(b) Any contract, subcontract, lease, grant, bond, covenant or other
agreement for projects undertaken pursuant to this act shall not be
subject to section 101 of the general municipal law when the [RSC board]
RJSCB has chosen to require a project labor agreement, pursuant to
subdivision (a) of this section. This exemption shall only apply to the
projects undertaken pursuant to this act and shall not apply to projects
undertaken by any other school district or municipality unless otherwise
specifically authorized.
(c) Whenever the [RSC board] RJSCB enters in a contract, subcontract,
lease, grant, bond, covenant or other agreement for the construction,
reconstruction, demolition, excavation, rehabilitation, repair, reno-
vation, alteration, or improvement for a project undertaken pursuant to
this act, it shall be deemed to be a public works project for the
purposes of article 8 of the labor law, and all the provisions of arti-
cle 8 of the labor law shall be applicable to all the work involved with
such project including the enforcement of prevailing wage requirements
by the state department of labor.
(d) Every contract entered into by RESOLUTION OF the [RSC board for a
project] RJSCB FOR CONSTRUCTION OR RECONSTRUCTION OF A PROJECT PURSUANT
TO THIS ACT shall contain a provision that the design of such project
shall be subject to the review and approval of the city school district
and that the design and construction standards of such project shall be
subject to the review and approval of the commissioner. In addition,
every such contract FOR CONSTRUCTION OR RECONSTRUCTION shall contain a
provision that the contractor shall furnish a labor and material bond
guaranteeing prompt payment of moneys that are due to all persons
furnishing labor and materials pursuant to the requirements of any
contracts for a project undertaken pursuant to this section and a
performance bond for the faithful performance of the project, which
shall conform to the provisions of section 103-f of the general munici-
pal law, and that a copy of such performance and payment bonds shall be
kept by the [RSC board] RJSCB and shall be open to public inspection.
(e) For the purposes of article 15-A of the executive law, any person
entering into a contract for a project authorized pursuant to this act
shall be deemed a state agency as that term is defined in such article
A. 10083--A 7
and such contracts shall be deemed state contracts within the meaning of
that term as set forth in such article.
(f) Notwithstanding the provisions of this act or of any general or
special law to the contrary, for any contract, subcontract, lease,
grant, bond, covenant or other agreement for construction, recon-
struction, demolition, excavation, rehabilitation, repair, renovation,
alteration, or improvement with respect to each project undertaken
pursuant to this act, the [RSC board] RJSCB shall consider the financial
and organizational capacity of contractors and subcontractors in
relation to the magnitude of work they may perform, the record of
performance of contractors and subcontractors on previous work, the
record of contractors and subcontractors in complying with existing
labor standards and maintaining harmonious labor relations, and the
commitment of contractors to work with minority and women-owned business
enterprises pursuant to article 15-A of the executive law through joint
ventures or subcontractor relationships. The [RSC board] RJSCB shall
further require, on any contract in excess of one million dollars for
construction, reconstruction, demolition, excavation, rehabilitation,
repair, renovation, alteration, or improvement that each contractor and
subcontractor shall participate in apprentice training programs in the
trades of work it employs that: have been approved for not less than
three years by the state department of labor; have graduated at least
one apprentice in the last 3 years; have at least one apprentice
currently enrolled in such apprentice training program; and have demon-
strated that the program has made significant efforts to attract and
retain minority apprentices.
S 10. Program managers. (a) All contracts entered into by RESOLUTION
OF the [RSC board] RJSCB for projects FOR PHASE TWO undertaken pursuant
to this act shall be managed by an independent program manager. The
selection of the program manager shall be pursuant to the competitive
process established in section eight of this act. PRIOR TO ISSUANCE OF
THE CONTRACT, THE PROGRAM MANAGER SELECTED SHALL BE APPROVED BY THE
SUPERINTENDENT, MAYOR, CITY COUNCIL AND THE ROCHESTER CITY SCHOOL
DISTRICT. The program manager shall have experience in planning, design-
ing, and constructing new and/or reconstructing existing school build-
ings, public facilities, commercial facilities, and/or infrastructure
facilities, and in the negotiation and management of labor contracts and
agreements, training programs, educational programs, and physical tech-
nological requirements for educational programs. The program manager
shall manage all projects undertaken pursuant to this act, review
project schedules, review payment schedules, prepare cost estimates and
assess the safety programs of contractors and all training programs, if
required. The program manager shall implement procedures for verifica-
tion by it that all work for which payment has been requested has been
satisfactorily completed.
(b) The program manager, and its affiliates or subsidiaries, if any,
shall be prohibited from awarding contracts or being awarded contracts
for, or performing any work on, projects undertaken pursuant to this
act. CONTRACTS AWARDED BY RJSCB FOR CONSTRUCTION WORK REQUIRED FOR THE
RECONSTRUCTION, REHABILITATION OR RENOVATION OF A PROJECT PURSUANT TO
THIS ACT SHALL BE AWARDED PURSUANT TO PUBLIC BIDDING IN COMPLIANCE WITH
SECTION 103 OF THE GENERAL MUNICIPAL LAW.
S 11. Independent compliance officers. [(a)] All contracts entered
into by RESOLUTION OF the [RSC board] RJSCB for projects FOR PHASE TWO
undertaken by this act shall be monitored by an independent compliance
officer. The compliance officer shall: develop, implement, advertise,
A. 10083--A 8
promote and monitor policies and procedures to utilize and provide
sufficient MWBE, DBE and skilled minority employment resources partic-
ipation opportunities to be followed by prime contractors and subcon-
tractors for such projects; review, modify if necessary, and approve the
preliminary diversity plan established pursuant to section five of this
act; provide technical assistance to potential MWBE and DBE contractors
and subcontractors interested in bidding on any such projects; obtain
and maintain records and documentation to confirm compliance with any
requirements contained in the approved diversity plan, for any such
project; identify contractors in non-compliance with any such require-
ments contained in the approved diversity plan or in violation of any
federal, state and local laws, rules or regulations; monitor and report
the upward/downward price adjustment and payment amounts to MWBEs and
DBEs listed on contractors utilization plan for any such project; devel-
op and work with the [RSC board] RJSCB to enforce agreed financial or
monetary sanctions for any contractor's non-compliance with the MWBE/DBE
utilization master plan. IN ADDITION, THE INDEPENDENT COMPLIANCE OFFI-
CER SHALL: DEVELOP, IMPLEMENT, ADVERTISE, PROMOTE AND MONITOR MWBE/DBE
POLICIES AND PROCEDURES FOR EACH PROJECT TO BE FOLLOWED BY PRIME
CONTRACTORS AND SUBCONTRACTORS FOR SUCH PROJECTS; OBTAIN AND MAINTAIN
RECORDS AND DOCUMENTATION TO CONFIRM COMPLIANCE WITH ANY APPLICABLE
REQUIREMENTS FOR EACH PROJECT; IDENTIFY CONTRACTORS IN NON-COMPLIANCE
WITH ANY SUCH REQUIREMENTS PURSUANT TO THIS SECTION OR IN VIOLATION OF
ANY FEDERAL, STATE AND LOCAL LAWS, RULES OR REGULATIONS. THE INDEPENDENT
COMPLIANCE OFFICER SHALL REPORT TO THE RJCSB ON A MONTHLY BASIS.
[(b) The independent compliance officer along with the program manager
selected to manage any such project shall work jointly to ensure that
any requirements contained in the approved diversity plan associated
with any project undertaken pursuant to this act are met.]
S 13. Contracts. Notwithstanding any general, special, or local law
or ordinance to the contrary, contracts entered into by the [RSC board]
RJSCB for projects undertaken pursuant to this act: (a) may be funded by
the issuance of certificates of participation issued by the city pursu-
ant to this act; (b) may be installment purchased contracts; and (c)
shall be subject to the provisions of section 109-b of the general
municipal law, except for paragraph (a) of subdivision 3 of such
section, subdivision 5 of such section, and paragraph (c) of subdivision
6 of such section, and except to the extent such section is inconsistent
with the provisions of this act. All provisions with reference to
installment purchase contracts or certificates of participation
contained in section 109-b of the general municipal law, except any
prohibition against using such installment purchase contracts or certif-
icates of participation for the purposes set forth in this act, shall
apply to installment purchase contracts or certificates of participation
entered into or issued pursuant to the authority of this section.
S 5. Section 16 of chapter 416 of the laws of 2007 establishing the
city of Rochester and the board of education of the city school district
of the city of Rochester school facilities modernization program act, is
amended to read as follows:
S 16. County of Monroe industrial development agency. (a) Notwith-
standing any limitations contained in article 18-A of the general munic-
ipal law, including subdivisions 4[,] AND 12 [and 13] of section 854 and
section 926 of the general municipal law, a project undertaken pursuant
to this act shall be a "project" within the definition and for the
purposes of subdivision 4 of section 854 of the general municipal law,
which may be financed by the county of Monroe industrial development
A. 10083--A 9
agency, the dormitory authority of the state of New York, or any succes-
sor entity thereto. Provided, however, that if a project is financed
through the county of Monroe industrial development agency, the agency
shall utilize a competitive process for selection of the financial agen-
cy that will issue the bonds OR BOND ANTICIPATION NOTES. In connection
with the county of Monroe industrial development agency or the dormitory
authority of the state of New York financing the costs of any project
undertaken pursuant to this act, the city and the city school district
may grant a leasehold or license interest in the project and school
building site constituting such project to the county of Monroe indus-
trial development agency or the dormitory authority of the state of New
York. All contracts FOR CONSTRUCTION OR RECONSTRUCTION involving any
such projects shall be awarded by the [RSC board] RJSCB pursuant to [the
competitive process outlined in section eight of this act] PUBLIC
BIDDING IN COMPLIANCE WITH SECTION 103 OF THE GENERAL MUNICIPAL LAW and
shall comply with the provisions of section nine of this act.
(b) In the event that the city or the city school district shall fail
to make a payment in such amount and by such date as is provided to be
made by such city or city school district under agreements entered into
with the county of Monroe industrial development agency, the dormitory
authority of the state of New York, or any successor entity thereto
pursuant to [paragraph] SUBDIVISION (a) of this section, such entity
shall certify to the comptroller. Such certificate shall be in such form
as the entity deems desirable, but shall specify the amount by which
such payment shall have been deficient. The comptroller, upon receipt of
such certificate from the entity, shall withhold such amount from such
city or city school district any state and/or school aid payable to such
city or city school district to the extent of the amount so stated in
such certificate as not having been made, and shall immediately pay over
to the entity the amount so withheld. Any amount so paid to the entity
from such state and/or school aid shall not obligate the state to make,
nor entitle the city or the city school district to receive, any addi-
tional amounts of state and/or school aid. Nothing contained herein
shall be deemed to prevent the state from modifying, reducing or elimi-
nating any program or programs of state and/or school aid; nor shall the
state be obligated by the terms hereof to maintain state and/or school
aid at any particular level or amount.
S 6. Item (iv) of clause (a) of subparagraph 5 of paragraph e of
subdivision 6 of section 3602 of the education law, as added by chapter
416 of the laws of 2007, is amended to read as follows:
(iv) Notwithstanding the provisions of item (i) of this clause, where
such city or city school district has entered into an agreement with the
county of Monroe industrial development agency or the dormitory authori-
ty of the state of New York, for projects authorized pursuant to the
city of Rochester and the board of education of the city school district
of the city of Rochester school facilities modernization program act, to
finance debt related to school rehabilitation or reconstruction that is
subject to subparagraph three of this paragraph, the lesser of: (A) the
net interest cost, as defined by the commissioner, that would have been
applicable to bonds OR BOND ANTICIPATION NOTES issued by the county of
Monroe industrial development agency if the project had been authorized
to be financed and had been financed through such entity, as certified
to the commissioner by the executive director of the county of Monroe
industrial development agency; or (B) such net interest cost, as defined
by the commissioner, that would have been applicable to bonds OR BOND
ANTICIPATION NOTES issued by the state of New York dormitory authority
A. 10083--A 10
if the project had been authorized to be financed and had been financed
through such entity, as certified to the commissioner by the executive
director of the state of New York dormitory authority shall be the
interest rate established for such city applicable to such debt.
S 7. Section 21 of chapter 416 of the laws of 2007 establishing the
city of Rochester and the board of education of the city school district
of the city of Rochester school facilities modernization program act, is
amended to read as follows:
S 21. Reporting requirements. On June 30, 2008 and annually thereaft-
er, until completion of the [13] 39 projects authorized pursuant to this
act, the [RSC board] RJSCB shall issue a report to the governor, the
comptroller, the commissioner, the temporary president of the senate,
the speaker of the assembly, the city, the city council and the city
school district on the progress and status of the projects undertaken by
the [RSC board] RJSCB. Provided further, that if any such entities
request information on the progress and status of the projects prior to
such report, it shall be provided to such entities by the [RSC board]
RJSCB.
In addition, on or before June 30, [2016] 2021, or upon completion of
the [13] 26 projects authorized IN PHASE TWO pursuant to this act,
whichever shall first occur, the [RSC board] RJSCB shall issue a report
to the city, the city school district, the governor, the commissioner,
the comptroller, the temporary president of the senate, the speaker of
the assembly, the minority leader of the senate, the minority leader of
the assembly, the state board of regents, and the chairs and ranking
minority members of the New York state senate and assembly committees on
education, the finance committee of the New York state senate, and the
ways and means committee of the New York state assembly. Such report
shall identify the fiscal and pedagogical results of the projects under-
taken pursuant to this act, along with recommendations for its contin-
uance, amendments, or discontinuance.
S 8. Any person who knowingly files a false written report or other
false written instrument with the RJSCB, the independent compliance
officer or program manager may be subject to criminal penalties pursuant
to the applicable provisions of the penal law in addition to any other
penalties authorized by law.
S 9. This act shall take effect immediately.