Assembly Bill A2028

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2028
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  FAHY,  McDONALD, BRINDISI, SIMON, SEPULVEDA,
   JOYNER, STECK, SKARTADOS, MAGNARELLI, BLAKE, CROUCH,  WALKER,  STIRPE,
   RYAN,  MAYER, RAIA -- Multi-Sponsored by -- M. of A. COOK -- read once
   and referred to the Committee on Education
 
 AN ACT to amend the education law, in  relation  to  the  allocation  of
   building aid funds to failing and persistently failing schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3602 of the education law is amended  by  adding  a
 new subdivision 6-i to read as follows:
   6-I. APPORTIONMENT OF BUILDING AID FOR ELIGIBLE PROJECTS IN STRUGGLING
 AND  PERSISTENTLY  STRUGGLING SCHOOLS FOR THE PURPOSE OF CONVERTING SUCH
 SCHOOLS TO COMMUNITY SCHOOLS. A. IN LIEU OF  THE  APPORTIONMENT  PAYABLE
 PURSUANT  TO SUBDIVISION SIX OF THIS SECTION, THE COMMISSIONER IS HEREBY
 AUTHORIZED TO APPORTION BUILDING AID TO A SCHOOL  DISTRICT  PURSUANT  TO
 THIS SUBDIVISION IN THE AMOUNT EQUAL TO THE PRODUCT OF: (1) ITS APPROVED
 EXPENDITURES  IN  THE  BASE YEAR FOR CAPITAL OUTLAYS FROM THE DISTRICT'S
 GENERAL FUND, CAPITAL FUND OR RESERVED FUNDS THAT  ARE  INCURRED  ON  OR
 AFTER JULY FIRST OF THIS BASE YEAR, OR ITS CURRENT YEAR APPROVED EXPEND-
 ITURES  FOR  DEBT  SERVICE OR A LEASE, LEASE-PURCHASE OR OTHER AGREEMENT
 RELATING TO AN EDUCATIONAL FACILITY  TO  THE  EXTENT  SUCH  EXPENDITURES
 WOULD  HAVE BEEN AIDABLE IN THE CURRENT YEAR PURSUANT TO SUBDIVISION SIX
 OF THIS SECTION OR ITS BASE YEAR APPROVED EXPENDITURES FOR A  LEASE-PUR-
 CHASE  AGREEMENT TO THE EXTENT SUCH EXPENDITURES WOULD BE AIDABLE IN THE
 BASE YEAR PURSUANT TO SUBDIVISION SIX  OF  THIS  SECTION,  AND  (2)  THE
 DISTRICT'S  APPLICABLE  BUILDING  AID RATIO AS DEFINED PURSUANT TO PARA-
 GRAPH C OF SUBDIVISION SIX  OF  THIS  SECTION  FOR  AN  ELIGIBLE  SCHOOL
 CONSTRUCTION  PROJECT, AS DEFINED IN PARAGRAPH C OF THIS SUBDIVISION, IN
 AN ELIGIBLE SCHOOL, AS DEFINED  IN  PARAGRAPH  B  OF  THIS  SUBDIVISION.
 APPROVED EXPENDITURES FOR ELIGIBLE SCHOOL CONSTRUCTION PROJECTS THAT ARE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02668-01-7
              

 A. 2028                             2
 
 ELIGIBLE  FOR AN APPORTIONMENT PURSUANT TO THIS SUBDIVISION SHALL NOT BE
 ELIGIBLE FOR AID PURSUANT TO SUBDIVISION SIX OF THIS SECTION.
   B.  FOR  PURPOSES OF THIS SUBDIVISION, AN "ELIGIBLE SCHOOL" SHALL MEAN
 AN SCHOOL DESIGNATED AS A STRUGGLING OR PERSISTENTLY  STRUGGLING  SCHOOL
 PURSUANT  TO  THE REGULATIONS OF THE COMMISSIONER, AS OF THE DATE OF THE
 COMMISSIONER'S APPROVAL OF AN ELIGIBLE SCHOOL CONSTRUCTION PROJECT, THAT
 IS CONVERTING TO A COMMUNITY SCHOOL PURSUANT  TO  SUBDIVISION  SEVEN  OF
 SECTION TWO HUNDRED ELEVEN-F OF THIS CHAPTER.
   C.  FOR PURPOSES OF THIS SUBDIVISION, AN "ELIGIBLE SCHOOL CONSTRUCTION
 PROJECT" SHALL MEAN ANY PROJECT FOR THE FINANCING, REFINANCING, ACQUISI-
 TION, DESIGN, CONSTRUCTION, RECONSTRUCTION, REHABILITATION  OR  IMPROVE-
 MENT  OF AN ELIGIBLE SCHOOL FOR THE PURPOSES OF ESTABLISHING SUSTAINABLE
 COMMUNITY SCHOOLS THAT FOSTER COMMUNITY AND PARENT ENGAGEMENT.
   D. AN APPORTIONMENT PURSUANT TO THIS SUBDIVISION SHALL  BE  DETERMINED
 PURSUANT TO SUBDIVISION SIX OF THIS SECTION, EXCEPT THAT THE COMMISSION-
 ER  SHALL ASSIGN SPECIAL RATING CAPACITIES FOR COMMUNITY SCHOOL FACILITY
 SPACES IN AN ELIGIBLE SCHOOL, WHICH SHALL INCLUDE BUT NOT BE LIMITED  TO
 HEALTH  SUITES, ADULT EDUCATION SPACES, GUIDANCE SUITES, RESOURCE ROOMS,
 REMEDIAL ROOMS AND PARENT/COMMUNITY ROOMS, SHARED AND  CLASSROOM  SPACES
 INCLUDING  BUT  NOT  LIMITED  TO  CAREER TECHNICAL EDUCATION CLASSROOMS,
 AUDITORIUMS, CAFETERIAS, LARGE GROUP INSTRUCTION ROOMS AND GYMNASIUMS AS
 DEFINED IN REGULATIONS OF THE COMMISSIONER; PROVIDED, HOWEVER, THAT COST
 ALLOWANCES FOR ELIGIBLE SCHOOL CONSTRUCTION PROJECTS UNDER THIS  SECTION
 SHALL BE THE LESSER OF ONE HUNDRED FIFTEEN PER CENTUM OF THE COST ALLOW-
 ANCES  FOR  COMPARABLE  INSTRUCTIONAL SPACE DETERMINED UNDER SUBDIVISION
 SIX OF THIS SECTION OR THE ACTUAL COSTS RELATING  TO  THE  CONSTRUCTION,
 ACQUISITION,  RECONSTRUCTION,  REHABILITATION OR IMPROVEMENT OF A SCHOOL
 BUILDING.
   § 2. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.