S T A T E O F N E W Y O R K
________________________________________________________________________
7727
I N S E N A T E
February 13, 2018
___________
Introduced by Sens. YOUNG, VALESKY, LARKIN -- read twice and ordered
printed, and when printed to be committed to the Committee on Educa-
tion
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14735-01-8
S. 7727 2
deductions of such excess payments pursuant to this act shall be reduced
by the commissioner of education to reflect the amount so recovered.
(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.