S T A T E O F N E W Y O R K
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5998
2019-2020 Regular Sessions
I N A S S E M B L Y
February 26, 2019
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to apportionment for
capital outlays and debt service for school building purposes to
certain high need school districts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraphs 1 and 3 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, are 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. FOR
AID PAYABLE IN SCHOOL YEAR TWO THOUSAND NINETEEN--TWENTY AND THEREAFTER,
FOR SCHOOL DISTRICTS LOCATED IN COUNTIES WITH A POPULATION OF MORE THAN
NINE HUNDRED FORTY THOUSAND AND LESS THAN ONE MILLION INHABITANTS
ACCORDING TO THE TWO THOUSAND TEN FEDERAL CENSUS AND ARE ELIGIBLE FOR
AID PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF THIS
SUBDIVISION, SUCH AID SHALL BE ADJUSTED BY THE ANNUAL COUNTY LABOR
MARKET COMPOSITE WAGE RATE OF THE CITY SCHOOL DISTRICT OF SUCH CITY
HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS. Such base allow-
ance shall apply to a building or an addition housing grades prekinder-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09950-01-9
A. 5998 2
garten 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 used. Rated
capacity of a building or an addition shall be determined by the commis-
sioner 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 instruc-
tion of pupils, those spaces which are used for elementary and secondary
school libraries, cafeterias, prekindergarten instructional rooms,
teachers' conference rooms, gymnasiums and auditoriums. For new
construction projects approved on or after July first, two thousand, by
the voters of the school district or by the board of education of a city
school district in a city with more than one hundred twenty-five thou-
sand 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 buildings, 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 modern-
ization of the existing building would not adequately address such
health and safety problems, and that the need to replace the building
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.
(3) Cost allowances for reconstructing or modernizing structures shall
not exceed one hundred per centum of the cost allowances for the equiv-
alent new construction over the projected useful life of the building,
to be determined in accordance with the regulations of the commissioner.
Reconstruction projects shall reasonably meet the criteria established
for new construction, including but not limited to energy, fire,
personal safety and space per pupil standards. FOR AID PAYABLE IN SCHOOL
YEAR TWO THOUSAND NINETEEN--TWENTY AND THEREAFTER, FOR SCHOOL DISTRICTS
LOCATED IN COUNTIES WITH A POPULATION OF MORE THAN NINE HUNDRED FORTY
THOUSAND AND LESS THAN ONE MILLION INHABITANTS ACCORDING TO THE TWO
THOUSAND TEN FEDERAL CENSUS AND ARE ELIGIBLE FOR AID PURSUANT TO CLAUSE
(C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF THIS SUBDIVISION, SUCH AID
SHALL BE ADJUSTED BY THE ANNUAL COUNTY LABOR MARKET COMPOSITE WAGE RATE
OF THE CITY SCHOOL DISTRICT OF SUCH CITY HAVING A POPULATION OF ONE
MILLION OR MORE INHABITANTS.
§ 2. This act shall take effect immediately.