S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10592
 
                           I N  A S S E M B L Y
 
                                May 8, 2018
                                ___________
 
 Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
   Committee on Education
 
 AN ACT to ratify and validate certain actions of school districts relat-
   ing to the filing of final building project cost reports, and  direct-
   ing  the  payment  of  state aid for school district building projects
   affected thereby

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  (a)  Notwithstanding  any  other  provision of law to the
 contrary, the actions or omissions of any school district  which  failed
 to  submit a final building project cost report by June 30 of the school
 year following June 30 of the school year  in  which  a  certificate  of
 substantial  completion  of  the  project  is issued by the architect or
 engineer, or six months after issuance of such certificate, whichever is
 later, are hereby ratified and validated, provided, that  such  building
 project  was  eligible  for  aid in a year for which the commissioner of
 education is required to prepare an estimate of apportionments  due  and
 owing  pursuant  to  paragraph c of subdivision 21 of section 305 of the
 education law, provided, further, that such school  district  submits  a
 final  cost  report  on  or  before December 31, 2018 and such report is
 approved by the commissioner of education, and provided,  further,  that
 any  amount  due  and  payable  for school years prior to the 2019--2020
 school year as a result of this  act  shall  be  paid  pursuant  to  the
 provisions of paragraph c of subdivision 5 of section 3604 of the educa-
 tion law.
   (b)  Notwithstanding  any  other provision of law to the contrary, any
 pending payment of moneys due to such district as a prior  year  adjust-
 ment payable pursuant to paragraph c of subdivision 5 of section 3604 of
 the education law for aid claims that had been previously paid in excess
 as  current  year aid payments and for which recovery of excess payments
 is to be made pursuant to this act, shall be reduced  by  any  remaining
 unrecovered balance of such excess payments, and the remaining scheduled
 deductions of such excess payments pursuant to this act shall be reduced
 by the commissioner of education to reflect the amount so recovered.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14735-01-8

 A. 10592                            2
 
   (c) The education department is hereby directed to adjust the approved
 costs  of the aforementioned projects on a pro-rata basis to reflect the
 number of years between June 30 of the school year following June 30  of
 the  school  year  in which the certificate of substantial completion of
 the  project is issued by the architect or engineer, or six months after
 issuance of such certificate, whichever is later and the date upon which
 the district filed a final cost report as a  proportion  of  the  useful
 life  of  the  project,  and to consider such adjusted approved costs as
 valid and proper obligations of such school districts.
   § 2. This act shall take effect immediately.