S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3729
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 Introduced  by Sens. MONTGOMERY, COMRIE, KRUEGER, SQUADRON -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Education
 
 AN ACT to amend the education law, in relation to  the  construction  of
   school based health and mental health clinics in certain cities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 1 of paragraph a of subdivision 6  of  section
 3602  of the education law, as amended by section 5 of part A of chapter
 60 of the laws of 2000, is amended to read as follows:
   (1) For new construction and the purchase of existing structures,  the
 cost  allowances  shall be based upon the rated capacity of the building
 or addition and a basic per pupil allowance of up to six thousand  three
 hundred  seventy-five  dollars  adjusted  monthly  by  a statewide index
 reflecting changes in the cost of labor and materials since July  first,
 nineteen  hundred  ninety-two, established by the commissioner of labor,
 modified by an annual county or multi-county labor market composite wage
 rate, established by the commissioner of labor in consultation with  the
 commissioner,  for  July  first of the base year, commencing July first,
 nineteen hundred ninety-seven for general construction contracts awarded
 on or after July first, nineteen hundred ninety-eight,  indexed  to  the
 median  of  such  county  or  multi-county rates, but not less than one.
 Such base allowance shall apply to a building  or  an  addition  housing
 grades  prekindergarten through six and shall be adjusted for a building
 or an addition housing grades seven through nine by a factor of one  and
 four-tenths,  for a building or an addition housing grades seven through
 twelve by a factor of one and five-tenths, for a  building  or  addition
 housing special education programs by a factor of two, except that where
 such  building  or  addition  is  connected to, or such space is located
 within, a  public  school  facility  housing  programs  for  nondisabled
 pupils,  as  approved  by  the  commissioner, a factor of three shall be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07254-01-7

 S. 3729                             2
 
 used. Rated capacity of a building or an addition shall be determined by
 the commissioner based on space standards  and  other  requirements  for
 building  construction  specified  by  the commissioner.   Such assigned
 capacity ratings shall include, in addition to those spaces used for the
 instruction  of  pupils,  those spaces which are used for elementary and
 secondary school libraries,  cafeterias,  prekindergarten  instructional
 rooms,  teachers' conference rooms, gymnasiums [and], auditoriums AND IN
 A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS UP TO
 TWO THOUSAND SQUARE FEET FOR SCHOOL BASED HEALTH AND MENTAL HEALTH CLIN-
 ICS. For new construction projects approved on or after July first,  two
 thousand, by the voters of the school district or by the board of educa-
 tion  of  a  city  school  district in a city with more than one hundred
 twenty-five thousand inhabitants, and/or the chancellor in a city school
 district in a city having a population of  one  million  or  more,  such
 rated  capacity  for  new buildings and additions constructed to replace
 existing buildings that, in the judgment of the commissioner,  have  not
 been  adequately  maintained and have not reached their projected useful
 life shall be reduced by the commissioner by an amount  proportional  to
 the  remaining  unused portion of the useful life of the existing build-
 ings, provided however that the commissioner may waive such  requirement
 upon a finding that replacement of the existing building is necessary to
 protect  the health and safety of students or staff, that reconstruction
 and modernization of the existing building would not adequately  address
 such health and safety problems, and that the need to replace the build-
 ing  was  not  caused by failure to adequately maintain the building. If
 the commissioner of labor resets the statewide index reflecting  changes
 in  the  costs of labor and materials since July first, nineteen hundred
 ninety-two, the commissioner shall adopt regulations  to  supersede  the
 basic  per  pupil allowance of up to six thousand three hundred seventy-
 five dollars to the imputed allowance in effect at that time.
   § 2. Subparagraph (iii) of paragraph (j) of subdivision 1  of  section
 414  of  the education law, as added by chapter 513 of the laws of 2005,
 is amended to read as follows:
   (iii) Except where otherwise authorized by law, the cost of  providing
 health,  dental or mental health services shall not be a charge upon the
 school district or board of cooperative educational services, and  shall
 be  paid  from  federal,  state  or other local funds available for such
 purpose. Building space used for such a clinic shall  be  excluded  from
 the  rated  capacity of the school building for the purpose of computing
 building aid pursuant to subdivision six of section  thirty-six  hundred
 two of this chapter or aid pursuant to subdivision five of section nine-
 teen  hundred fifty of this chapter, EXCEPT WHEN BUILDING AID IS SPECIF-
 ICALLY AUTHORIZED IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU-
 SAND  INHABITANTS  PURSUANT  TO  SUBPARAGRAPH  ONE  OF  PARAGRAPH  A  OF
 SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
   § 3. This act shall take effect immediately.