S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11012
 
                           I N  A S S E M B L Y
 
                             September 9, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Bronson) --
   read once and referred to the Committee on Education
 
 AN ACT to amend chapter 416 of the laws of 2007, establishing  the  city
   of Rochester and the board of education of the city school district of
   the  city of Rochester school facilities modernization program act, in
   relation to granting further  authority  to  the  RJSCB  to  modernize
   educational facilities in the city of Rochester
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions (g), (i) and (j) of section 2 of  chapter  416
 of the laws of 2007, establishing the city of Rochester and the board of
 education  of  the  city school district of the city of Rochester school
 facilities modernization program act, as amended by chapter 533  of  the
 laws  of  2014,  are amended and four new subdivisions (p), (q), (r) and
 (s) are added to read as follows:
   (g) "Project" shall mean work at an existing school building site that
 involves the design, reconstruction,  or  rehabilitation  of  ALL  OR  A
 PORTION OF an existing school building for its continued use as a school
 of  the  city school district, which may include an addition to existing
 school buildings for such continued use and which also may  include  (1)
 the  construction or reconstruction of athletic fields, playgrounds, and
 other  recreational  facilities  for  such  existing  school  buildings;
 [and/or] (2) the acquisition and installation of all equipment necessary
 and  attendant  to  and  for  the use of such existing school [building]
 BUILDINGS, including but not limited to items located at sites not with-
 in a project that will allow the RJSCB to conduct district-wide technol-
 ogy improvements to benefit existing school buildings; [and/or] (3)  the
 acquisition  of  additional  real property by the city to facilitate the
 project; AND/OR (4) THE ACQUISITION OF ADDITIONAL REAL PROPERTY  BY  THE
 CITY TO FACILITATE THE PROJECT.
   (i)  "Program  manager"  shall  mean an independent program management
 firm hired by the RJSCB to OVERSEE THE IMPLEMENTATION OF THE  FACILITIES
 MODERNIZATION PLAN, AND TO assist it in: (i) developing and implementing
 procedures  for the projects undertaken and contracted for by the RJSCB;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11982-04-0

 A. 11012                            2
 
 (ii) reviewing plans and specifications for projects;  (iii)  developing
 and implementing policies and procedures to utilize employment resources
 to  provide  sufficient  skilled  employees  for such projects including
 developing  and implementing training programs, if required; (iv) manag-
 ing such projects; and (v) providing such planning,  design,  financing,
 and  other  services  as  may  be  appropriate  to implement one or more
 construction or reconstruction projects pursuant to this act.
   (j) "Independent compliance officer" shall mean  an  independent  firm
 hired  by the RJSCB with an in-depth knowledge base and breadth of expe-
 rience conducting minority and women-owned  business  enterprise  (MWBE)
 and disadvantaged business enterprise (DBE) utilization compliance moni-
 toring  for  public  contracts  within  New York state, including school
 districts and auditing contractors and  subcontractors  in  construction
 and  reconstruction  projects like those to be undertaken and contracted
 for by the RJSCB pursuant to this act. SUCH FIRM SHALL  SUPPORT  FACILI-
 TIES MODERNIZATION PHASE THREE PROGRAM AND THE PROGRAM MANAGER BY DEVEL-
 OPING AND IMPLEMENTING AN MWBE/DBE OUTREACH AND UTILIZATION PLAN FOR THE
 GOVERNANCE  OF  ALL  CONTRACTS  TO  ENSURE  COMPLIANCE WITH ALL FEDERAL,
 STATE, AND LOCAL LAWS, RULES, AND REGULATIONS APPLICABLE.
   (P) "CAPITAL IMPROVEMENT PLAN" SHALL MEAN THE CITY  SCHOOL  DISTRICT'S
 ONGOING,  ANNUALLY  UPDATED  FIVE-YEAR  CAPITAL  FINANCING  PLAN FOR THE
 CONSTRUCTION AND  RECONSTRUCTION  OF  FACILITIES,  THE  ACQUISITION  AND
 REPLACEMENT  OF VEHICLES AND EQUIPMENT AND THE COMPLETION OF OTHER LONG-
 TERM CAPITAL PROJECTS UNDERTAKEN AND FINANCED BY THE ISSUANCE OF GENERAL
 OBLIGATION BONDS BY THE CITY ON  BEHALF  OF  THE  CITY  SCHOOL  DISTRICT
 PURSUANT TO EXISTING STATE LAW APPLICABLE TO ALL SCHOOL DISTRICTS.
   (Q)  "COMPREHENSIVE  SCHOOL FACILITIES MODERNIZATION PLAN" OR "FACILI-
 TIES MODERNIZATION PLAN" OR  "FACILITIES  MODERNIZATION  PROGRAM"  SHALL
 MEAN  THE  COMPREHENSIVE,  STRATEGIC  PLAN  DEVELOPED BY THE CITY SCHOOL
 DISTRICT AND THE RJSCB TO BE  IMPLEMENTED  IN  SEVERAL  PHASES  FOR  THE
 CONSTRUCTION, RENOVATION, REHABILITATION AND EQUIPPING OF NEW AND EXIST-
 ING  EDUCATIONAL  FACILITIES,  AND  ATHLETIC AND RECREATIONAL FACILITIES
 LOCATED IN THE CITY, WHICH PLAN SHALL BE INCLUDED IN A  SPECIAL  SECTION
 OF  THE  CITY  SCHOOL  DISTRICT'S  ONGOING FIVE-YEAR CAPITAL IMPROVEMENT
 PLAN, AS REQUIRED BY SUBDIVISION 6 OF SECTION 3602 OF THE EDUCATION  LAW
 AND  THE  REGULATIONS  OF  THE  COMMISSIONER, AND SUCH OTHER MATTERS SET
 FORTH IN SUBDIVISION SIX OF THIS SECTION; WHICH PLAN SHALL  IDENTIFY  BY
 THE NUMBER OF BUILDINGS TO BE CONSTRUCTED OR RECONSTRUCTED TO THE SATIS-
 FACTION  OF  SED AND INCLUDE A DISTRICT WIDE TECHNOLOGY PLAN AND RELATED
 INCIDENTAL EXPENSES AS ADOPTED BY THE RJSCB AFTER A PUBLIC HEARING.
   (R) "MWBE/DBE  OUTREACH  AND  UTILIZATION  PLAN"  SHALL  MEAN  A  PLAN
 PREPARED  BY  THE INDEPENDENT COMPLIANCE OFFICER AND THE PROGRAM MANAGER
 TO THE SATISFACTION OF THE RJSCB TO MEET THE  GOALS  SET  FORTH  IN  THE
 RJSCB APPROVED DIVERSITY PLAN.
   (S) "SED" SHALL MEAN THE NEW YORK STATE DEPARTMENT OF EDUCATION.
   §  2. Subdivision (b) of section 3 of chapter 416 of the laws of 2007,
 establishing the city of Rochester and the board  of  education  of  the
 city  school district of the city of Rochester school facilities modern-
 ization program act, as amended by chapter 533 of the laws of  2014,  is
 amended to read as follow:
   (b)  Such  board  shall  be composed of seven voting members: three of
 whom shall be appointed by, AND SERVE AT THE PLEASURE OF  the  mayor  of
 the city; three of whom shall be appointed by, AND SERVE AT THE PLEASURE
 OF  the  superintendent  of  the  board  of education of the city school
 district; and one of whom shall be independent from both the city school
 district and the city but who shall have been agreed upon by  the  mayor

 A. 11012                            3
 
 and the superintendent; and one non-voting member who shall be the inde-
 pendent  compliance  officer,  or  the representative of the independent
 compliance officer. One of the voting members shall be chosen,  by  such
 voting  members,  to  serve  as chair of the board. Members of the board
 shall not receive a salary or other compensation for such board  duties,
 but shall be entitled to reimbursement for actual and necessary expenses
 incurred  in  the performance of his or her board duties. Members of the
 board shall not be disqualified from holding public  office  or  employ-
 ment, nor shall they forfeit any office or employment by reason of their
 appointment,  notwithstanding the provisions of any general, special, or
 local law, ordinance or city charter to the contrary.   [The board  will
 be  reconstituted]  TO  PROVIDE  FOR  THE  CONTINUING FUNCTIONING OF THE
 MULTIPHASE FACILITIES MODERNIZATION PROGRAM, on the  effective  date  of
 the  chapter  of  the  laws of [2014] 2020 that amended this subdivision
 [and the term of each prior board member shall automatically  expire  on
 such date provided however that nothing shall preclude the reappointment
 of  an  existing  board member], THE BOARD IN ITS CONSTITUTED FORM SHALL
 CONTINUE TO EXIST FOR THE ACCOMPLISHMENT OF ANY OF THE  PURPOSES  SPECI-
 FIED  IN THIS ACT AND THE BOARD, ITS MEMBERS, OFFICERS AND EMPLOYEES AND
 ITS OPERATIONS AND ACTIVITIES SHALL IN ALL RESPECTS BE GOVERNED  BY  THE
 PROVISIONS OF THIS ACT.
   §  3.  Sections  4,  5, 9, 10, 11 and 21 of chapter 416 of the laws of
 2007, establishing the city of Rochester and the board of  education  of
 the  city  school  district  of  the city of Rochester school facilities
 modernization program act, as amended by chapter  533  of  the  laws  of
 2014, are amended to read as follow:
   §  4.  Project authorization.   No more than: (a) 13 projects, up to a
 total cost of three hundred twenty-five million dollars  in  phase  one,
 and  (b)  26  projects,  up  to a total cost of four hundred thirty-five
 million dollars in phase two, AND (C) 15 SCHOOL BUILDING PROJECTS,  PLUS
 A  DISTRICT-WIDE  TECHNOLOGY PROJECT, UP TO A TOTAL COST OF FIVE HUNDRED
 FIFTY MILLION DOLLARS IN PHASE THREE shall be authorized and  undertaken
 pursuant  to this act, unless otherwise authorized by law. MONEYS WITHIN
 SUCH LIMITS MAY BE APPLIED FOR THE PLANNING COSTS  ASSOCIATED  WITH  THE
 SUBSEQUENT PHASE OF THE RSMP.
   §  5.  Comprehensive school facilities modernization plan.  The super-
 intendent shall submit to the RJSCB [a] comprehensive draft [plan] PLANS
 recommending and outlining the projects for phase two AND PHASE THREE it
 proposes to be undertaken pursuant to this act. The RJSCB shall consider
 the plan in developing a comprehensive school  facilities  modernization
 plan  recommending  and  outlining the projects it proposes to be poten-
 tially undertaken pursuant to this act.  Such plan shall include: (a) an
 estimate of  total  costs  to  be  financed,  proposed  financing  plan,
 proposed  method  of  financing,  terms and conditions of the financing,
 estimated financing costs, and, if  city  general  obligation  bonds  or
 notes  are  not  proposed  as  the  method of financing, a comparison of
 financing costs between such bonds or notes and the proposed  method  of
 financing.  Payment of debt service on bonds, notes or other obligations
 issued  to  secure  financing of not more than $325,000,000 in phase one
 [and], $435,000,000 in phase two, AND $550,000,000 IN  PHASE  THREE  for
 projects  undertaken  pursuant  to this act shall not be considered when
 determining the "city amount" required pursuant to subparagraph (ii)  of
 paragraph  a  of  subdivision  5-b of section 2576 of the education law;
 provided, however, that this provision shall not  otherwise  affect  the
 determination of said "city amount" with respect to funding unrelated to
 projects  undertaken pursuant to this act.  The plan should also address

 A. 11012                            4
 
 what specific options would be used to ensure that sufficient  resources
 exist  to  cover  the  local share of any such project cost on an annual
 basis; (b) information concerning the potential persons to  be  involved
 in  the financing and such person's role and responsibilities; (c) esti-
 mates on the design, reconstruction and rehabilitation costs by project,
 any administrative costs for potential projects, and an outline  of  the
 timeframe  expected  for  completion  of  each  potential project; (d) a
 detailed description of the request for proposals process and an outline
 of the criteria to be used for selection of  the  program  manager,  the
 independent  compliance  officer  and all contractors; provided that the
 RJSCB may FOR PHASE THREE EITHER extend the contracts of  the  providers
 of  professional services for phase [one] TWO upon the adoption of find-
 ings that doing so would be in the public interest;  [the  contracts  of
 the program manager and the independent compliance officer for phase two
 will  be  rebid,  and  provided further that the program manager and the
 independent compliance officer and any new] or [different providers  of]
 RE-BID  SUCH  professional  services  [shall  be  engaged]  CONTRACTS in
 compliance with the provisions of section eight of  this  act;  (e)  any
 proposed  amendments  to  the  city  school district's five-year capital
 facilities plan submitted in accordance with subdivision  6  of  section
 3602  of  the education law and the regulations of the commissioner; and
 (f) a [preliminary] diversity plan to develop diversity goals, including
 appropriate community input and public discussion, and  develop  strate-
 gies  that  would  create  and  coordinate  any efforts to ensure a more
 diverse workforce for the projects.  The  [preliminary]  diversity  plan
 should  address  accountability  for  attainment of the diversity goals,
 what forms of monitoring would be used, and how such  information  would
 be publicly communicated.
   Prior  to  the  development  of  the  comprehensive  school facilities
 modernization plan FOR EACH PHASE AUTHORIZED PURSUANT TO THIS  ACT,  the
 RJSCB and THE CITY SCHOOL district shall hold as many public hearings as
 may be necessary to ensure sufficient public input and allow for signif-
 icant  public  discussion on school building needs in such city, with at
 least one hearing to be held in each neighborhood  potentially  impacted
 by a proposed project.
   All  projects  proposed in the comprehensive school facilities modern-
 ization [plan] PLANS shall be included by the city school district as  a
 special section of the district's five-year capital facilities plan that
 is  required  pursuant to subdivision 6 of section 3602 of the education
 law and the regulations of the commissioner.
   The RJSCB shall submit the components  of  such  comprehensive  [plan]
 PLANS  outlined  in  subdivision (a) of this section to the comptroller,
 along with any other information requested by the comptroller,  for  his
 or her review and approval.
   §  9.  Contracts  generally.    Notwithstanding  the provisions of any
 general, special, or local law or judicial decision to the contrary:
   (a) The RJSCB may require  a  contractor,  as  a  condition  to  being
 awarded  a  contract, subcontract, lease, grant, bond, covenant or other
 agreement for a project to enter into a project labor agreement for  the
 work  involved  with  such project when such requirement is made part of
 the bid specifications for the project and  when  the  RJSCB  determines
 that  the record supporting the decision to enter into such an agreement
 establishes that it is justified by the interests underlying the compet-
 itive bidding laws. In addition, the RJSCB may  revise  and  extend  the
 requirements  of  the project labor agreement entered into for phase one
 projects to the projects authorized in  phase  [two]  THREE,  contingent

 A. 11012                            5
 
 upon  the  completion  of a supplemental project labor agreement benefit
 analysis AND OTHER REQUIREMENTS OF THE RJSCB  IN  REGARDS  TO  DIVERSITY
 GOALS,  DIRECT ADMISSION, PRE-APPRENTICESHIP, AND APPRENTICESHIP PARTIC-
 IPATION.
   (b)  Any  contract, subcontract, lease, grant, bond, covenant or other
 agreement for projects undertaken pursuant to  this  act  shall  not  be
 subject  to  section 101 of the general municipal law when the RJSCB has
 chosen to require a project labor agreement, pursuant to subdivision (a)
 of this section. This exemption shall only apply to the projects  under-
 taken pursuant to this act and shall not apply to projects undertaken by
 any  other school district or municipality unless otherwise specifically
 authorized.
   (c) Whenever the RJSCB  enters  in  a  contract,  subcontract,  lease,
 grant,  bond,  covenant  or other agreement for the construction, recon-
 struction, demolition, excavation, rehabilitation,  repair,  renovation,
 alteration,  or  improvement  for  a project undertaken pursuant to this
 act, it shall be deemed to be a public works project for the purposes of
 article 8 of the labor law, and all the provisions of article 8  of  the
 labor law shall be applicable to all the work involved with such project
 including  the  enforcement of prevailing wage requirements by the state
 department of labor.
   (d) Every contract  entered  into  by  resolution  of  the  RJSCB  for
 construction  or  reconstruction of a project pursuant to this act shall
 contain a provision that the design of such project shall be subject  to
 the  review and approval of the city school district and that the design
 and construction standards of such  project  shall  be  subject  to  the
 review  and  approval  of  the  commissioner.  In  addition,  every such
 contract for construction or reconstruction shall  contain  a  provision
 that the contractor shall furnish a labor and material bond guaranteeing
 prompt  payment  of  moneys that are due to all persons furnishing labor
 and materials pursuant to  the  requirements  of  any  contracts  for  a
 project  undertaken  pursuant to this section and a performance bond for
 the faithful performance of the project,  which  shall  conform  to  the
 provisions  of  section  103-f  of the general municipal law, and that a
 copy of such performance and payment bonds shall be kept  by  the  RJSCB
 and shall be open to public inspection.
   (e)  For the purposes of article 15-A of the executive law, any person
 entering into a contract for a project authorized pursuant to  this  act
 shall  be  deemed a state agency as that term is defined in such article
 and such contracts shall be deemed state contracts within the meaning of
 that term as set forth in such article.
   (f) Notwithstanding the provisions of this act or of  any  general  or
 special  law  to  the  contrary,  for  any contract, subcontract, lease,
 grant, bond,  covenant  or  other  agreement  for  construction,  recon-
 struction,  demolition,  excavation, rehabilitation, repair, renovation,
 alteration, or improvement  with  respect  to  each  project  undertaken
 pursuant  to this act, the RJSCB shall consider the financial and organ-
 izational capacity of contractors and subcontractors in relation to  the
 magnitude  of  work  they  may  perform,  the  record  of performance of
 contractors and subcontractors on previous work, the record of  contrac-
 tors  and  subcontractors in complying with existing labor standards and
 maintaining harmonious labor relations, and the commitment  of  contrac-
 tors to work with minority and women-owned business enterprises pursuant
 to  article  15-A of the executive law through joint ventures or subcon-
 tractor relationships.  The RJSCB shall further require, on any contract
 in excess of one million dollars for construction, reconstruction, demo-

 A. 11012                            6
 
 lition, excavation, rehabilitation, repair, renovation,  alteration,  or
 improvement,  WHICH  USE  APPRENTICE-ABLE AND CONSTRUCTION-RELATED TRADE
 CLASSIFICATIONS, THAT ARE ALSO SUBJECT TO  THE  APPRENTICESHIP  REQUIRE-
 MENTS  OF THIS PARAGRAPH that each contractor [and subcontractor] shall:
 (1) participate in apprentice training programs in the trades of work it
 employs that: have been approved for not less than three  years  by  the
 state department of labor; have graduated at least one apprentice in the
 last  3  years;  have at least one apprentice currently enrolled in such
 apprentice training program; and have demonstrated that the program  has
 made significant efforts to attract and retain minority apprentices; AND
 (2)  EMPLOY ONE OR MORE APPRENTICES IN CONNECTION WITH ITS CONTRACT WITH
 THE RJSCB. IF A PRIME CONTRACT IS SUBJECT TO THE  FOREGOING  APPRENTICE-
 SHIP  REQUIREMENTS,  ANY SUBCONTRACTORS LET BY THE PRIME CONTRACTOR OVER
 FIVE HUNDRED THOUSAND DOLLARS, WHICH USE APPRENTICE-ABLE  AND  CONSTRUC-
 TION-RELATED  TRADE CLASSIFICATIONS, ARE ALSO SUBJECT TO THE APPRENTICE-
 SHIP REQUIREMENTS OF THIS PARAGRAPH.
   § 10. Program managers.  (a) All contracts entered into by  resolution
 of  the  RJSCB  for  projects  for  phase ONE, PHASE two AND PHASE THREE
 undertaken pursuant to this act shall be managed by [an] THE independent
 program manager. The [selection of] RJSCB MAY ELECT TO EITHER EXTEND THE
 EXISTING CONTRACT OF the PHASE TWO program  manager  [shall]  FOR  PHASE
 THREE UPON THE ADOPTION OF FINDINGS THAT DOING SO WOULD be IN THE PUBLIC
 INTEREST OR SELECT A PHASE THREE PROGRAM MANAGER pursuant to the compet-
 itive  process  established in section eight of this act. Prior to issu-
 ance of the contract, the program manager selected shall be approved  by
 the  superintendent,  mayor,  city council and the Rochester city school
 district. The program manager shall have experience in planning, design-
 ing, and constructing new and/or reconstructing existing  school  build-
 ings,  public  facilities,  commercial facilities, and/or infrastructure
 facilities, and in the negotiation and management of labor contracts and
 agreements, training programs, educational programs, and physical  tech-
 nological  requirements  for  educational  programs. The program manager
 shall manage all  projects  undertaken  pursuant  to  this  act,  review
 project  schedules, review payment schedules, prepare cost estimates and
 assess the safety programs of contractors and all training programs,  if
 required.  The  program manager shall implement procedures for verifica-
 tion by it that all work for which payment has been requested  has  been
 satisfactorily completed.
   (b)  The  program manager, and its affiliates or subsidiaries, if any,
 shall be prohibited from awarding contracts or being  awarded  contracts
 for,  or  performing  any  work on, projects undertaken pursuant to this
 act. Contracts awarded by THE RJSCB for construction work  required  for
 the  CONSTRUCTION,  reconstruction,  rehabilitation  or  renovation of a
 project pursuant to this act shall be awarded pursuant to public bidding
 in compliance with section 103 of the general municipal law.
   § 11. Independent compliance officers.  All contracts entered into  by
 resolution  of the RJSCB for projects for phase ONE, PHASE two AND PHASE
 THREE undertaken by this  act  shall  be  monitored  by  an  independent
 compliance  officer  (ICO).    THE  RJSCB MAY ELECT TO EITHER EXTEND THE
 EXISTING CONTRACT OF THE PHASE TWO INDEPENDENT  COMPLIANCE  OFFICER  FOR
 PHASE  THREE UPON THE ADOPTION OF FINDINGS THAT DOING SO WOULD BE IN THE
 PUBLIC INTEREST OR SELECT A PHASE THREE INDEPENDENT  COMPLIANCE  OFFICER
 PURSUANT TO THE COMPETITIVE PROCESS ESTABLISHED IN SECTION EIGHT OF THIS
 ACT.  The  INDEPENDENT  compliance  officer  shall:  develop, implement,
 advertise, promote and monitor policies and procedures  to  utilize  and
 provide  sufficient  MWBE, DBE and skilled minority employment resources

 A. 11012                            7
 
 participation opportunities to be  followed  by  prime  contractors  and
 subcontractors  for  such  projects;  review,  modify  if necessary, and
 approve the preliminary diversity plan established pursuant  to  section
 five of this act; provide OUTREACH AND technical assistance to potential
 MWBE and DBE contractors and subcontractors interested in bidding on any
 such  projects; obtain and maintain records and documentation to confirm
 compliance with any requirements contained  in  the  approved  diversity
 plan,  for any such project; identify contractors in non-compliance with
 any such requirements contained in the approved  diversity  plan  or  in
 violation  of  any  federal, state and local laws, rules or regulations;
 monitor and report the  upward/downward  price  adjustment  and  payment
 amounts to MWBEs and DBEs listed on contractors utilization plan for any
 such  project;  develop and work with the RJSCB to enforce agreed finan-
 cial or monetary sanctions for any contractor's non-compliance with  the
 MWBE/DBE  utilization master plan.  In addition, the independent compli-
 ance officer shall:  develop, implement, advertise, promote and  monitor
 MWBE/DBE  policies  and  procedures  for  each project to be followed by
 prime contractors and subcontractors for such projects; obtain and main-
 tain records and documentation to confirm compliance with any applicable
 requirements for each project; identify  contractors  in  non-compliance
 with  any  such  APPLICABLE requirements FOR EACH PROJECT INCLUDING SITE
 VISITS AS NECESSARY, AT LEAST TWICE MONTHLY; pursuant to this section or
 in violation of any federal, state and local laws, rules or regulations.
 The independent compliance officer shall report to the [RJCSB] RJSCB  on
 a monthly basis.
   § 21. Reporting requirements. (A) On June 30, 2008 and annually there-
 after, until completion of [the 39] projects authorized pursuant to this
 act,  the  RJSCB  shall issue a report to the governor, the comptroller,
 the commissioner, the temporary president of the senate, the speaker  of
 the assembly, the city, the city council and the city school district on
 the  progress  and  status  of  the  projects  undertaken  by the RJSCB.
 Provided further, that if any such entities request information  on  the
 progress  and  status  of the projects prior to such report, it shall be
 provided to such entities by the RJSCB.
   [In addition, on] (B) ON or before June 30, 2021, or  upon  completion
 of  the [26] 14 projects, INCLUDING DISTRICT-WIDE TECHNOLOGY, authorized
 in phase two pursuant to this act,  whichever  shall  first  occur,  the
 RJSCB  shall  issue  a report to the city, the city school district, the
 governor, the commissioner, the comptroller, the temporary president  of
 the  senate,  the  speaker  of  the assembly, the minority leader of the
 senate, the minority leader of the assembly, the state board of regents,
 and the chairs and ranking minority members of the New York state senate
 and assembly committees on education, the finance committee of  the  New
 York  state  senate,  and  the  ways and means committee of the New York
 state assembly. Such report shall identify the  fiscal  and  pedagogical
 results  of  the  projects  undertaken  pursuant to this act, along with
 recommendations for its continuance, amendments, or discontinuance.
   (C) ON OR BEFORE JUNE 30, 2030, OR UPON COMPLETION OF  THE  16  SCHOOL
 BUILDING  PROJECTS,  INCLUDING  DISTRICT-WIDE  TECHNOLOGY, AUTHORIZED IN
 PHASE THREE PURSUANT TO THIS ACT, WHICHEVER SHALL FIRST OCCUR, THE RJSCB
 SHALL ISSUE A REPORT TO THE CITY, THE CITY SCHOOL DISTRICT,  THE  GOVER-
 NOR,  THE  COMMISSIONER, THE COMPTROLLER, THE TEMPORARY PRESIDENT OF THE
 SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE  SENATE,
 THE MINORITY LEADER OF THE ASSEMBLY, THE STATE BOARD OF REGENTS, AND THE
 CHAIRS  AND  RANKING  MINORITY  MEMBERS OF THE NEW YORK STATE SENATE AND
 ASSEMBLY COMMITTEES ON EDUCATION, THE FINANCE COMMITTEE OF THE NEW  YORK

 A. 11012                            8
 
 STATE  SENATE,  AND  THE  WAYS AND MEANS COMMITTEE OF THE NEW YORK STATE
 ASSEMBLY. SUCH REPORT SHALL IDENTIFY THE FISCAL AND PEDAGOGICAL  RESULTS
 OF  THE PROJECTS UNDERTAKEN PURSUANT TO THIS ACT, ALONG WITH RECOMMENDA-
 TIONS FOR ITS CONTINUANCE, AMENDMENTS, OR DISCONTINUANCE.
   § 4. Chapter 416 of the laws of 2007, establishing the city of Roches-
 ter  and  the board of education of the city school district of the city
 of Rochester school facilities modernization program act, is amended  by
 adding a new section 21-a to read as follows:
   § 21-A. ANY PERSON WHO KNOWINGLY FILES A FALSE WRITTEN REPORT OR OTHER
 FALSE  WRITTEN  INSTRUMENT  WITH  THE  RJSCB, THE INDEPENDENT COMPLIANCE
 OFFICER OR PROGRAM MANAGER MAY BE SUBJECT TO CRIMINAL PENALTIES PURSUANT
 TO THE APPLICABLE PROVISIONS OF THE PENAL LAW IN ADDITION TO  ANY  OTHER
 PENALTIES AUTHORIZED BY LAW.
   § 5. This act shall take effect immediately.