Senate Bill S914

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    914
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  YOUNG,  AKSHAR,  SERINO -- 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,  2019  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  2020--2021
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04021-01-9

 S. 914                              2
 
 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.
   (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.