|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to education|
|May 29, 2019||referred to education|
senate Bill S6245
Amends the city of Rochester and the board of education of the city school district of the city of Rochester school facilities modernization program act
Current Bill Status - In Senate Committee Education Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (2)
S6245 (ACTIVE) - Details
S6245 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6245 SPONSOR: ROBACH TITLE OF BILL: 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 modern- ization program act, in relation to granting further authority to the RJSCB to modernize educational facilities in the city of Rochester PURPOSE: For the purpose of helping the City of Rochester's struggling schools improve, making the most efficient use of available resources; and to maximize the educational benefit of the reconstruction and modernization of Rochester city school district buildings; the need to improve the efficiency, schedule, economics and quality of the ongoing multi-phase school facilities modernization program is immediate and long-term. The Rochester city school district has a state-approved improvement plan in place, which includes an Education Partnership Opportunity "EPO" agreement with the University of Rochester at East High School that requires significant renovations and adequate spatial needs to properly
deliver the required educational program. Additional work is needed at the Monroe High School Campus to address remaining scope of work includ- ing but not limited to window replacement, associated AHERA and hazmat issues, and inadequate teaching and support spaces, including a new pool and fitness center as a teaching station that can be shared with the general public after school hours. To address the modernization goals at Edison Technology Campus, major structural remediation, health and safety, and other infrastructure work are required. Health and safety work is also needed at other high schools to address critical work items identified in the city school district's building condition survey. Critical infrastructure and program related work are also needed at several other elementary schools (specific schools shall be selected by the School District's Superintendent of Schools or his/her Designee). The Amendment to the Special Legislation that authorized the RSMP Phase 2 allowed the effective doubling of the Maximum Cost Allowance (i.e., MCA) for the Elementary Schools approved as Phase 2 Projects, which shall be likewise extended to Phase 3. Such an action will assure each Project undertaken is complete in scope within its approved Phase, and delivered in a cost effective as well as timely manner. Similarly, in lieu of the traditional five (5) years, the provision stipulating a ten (10) year window will be in effect before any Phase 3 Elementary School would again become eligible for building aid reimbursement. A direct benefit of extending the MCA and re-set window is the duration for the most vulnerable young students in temporary 'swing space' during the construction work along with its unavoidable and undesirable adverse impacts upon learning will be minimized to the fullest extent practical. In consideration of this authorization, the aforementioned proposed school buildings for phase 3 need adequate budgeting that may exceed the typical cost allowances to accomplish their comprehensive and coordi- nated modernization goals with an estimated cost of $615 million. The RSMP Phase 3 would be based upon the seamless integration of tested educational initiatives and the specific Program of instructional and support spaces proposed by the Superintendent of Schools, or designee. That Program is intended to assure improved and expanded opportunities to a challenging, stimulating, high quality learning and achievement experience in an equitable manner. As such, the Program is also expected to exceed the minimum standards of the New York State Education Depart- ment. Based upon the review for the reasonableness of best practices and equity by the State Commissioner of Education, the proposed Program of instructional and support spaces, as well as select land acquisition opportunities to augment currently undersized site areas to better comply with SED minimum standards along with the respective site improvements to enable proper use for needed school activities shall be deemed fully eligible to receive building aid reimbursement as if they were similar or nearly equivalent to those identified in the SED Manual of Planning Guidelines. The associated building aid reimbursements, however, shall not exceed 98% which is consistent with the State's stat- utes in Municipal Law. SUMMARY OF PROVISIONS: Section 1 of the bill includes paragraph (a) which further defines the current conditions of the Rochester Schools and emphasizes the need for extensive reconstruction and modernization of school buildings. Section 2 of the bill amends paragraph (g) of Section 1 in chapter 533 of the laws of 2014 by clarifying the definition of "Project". Section 3 of the bill amends chapter 533 of the laws of 2014 by clarify- ing that the RJSCB shall continue to exist to provide continuing manage- ment and oversight of the multi-phase facilities modernization program. This section also amends chapter 533 of the laws of 2014 by removing the twenty four month period and allowing the previous RJSCB Chair to serve as Executive Director for Phase III of the program. Section 4 of the bill amends Sections 4, 5, 9, 10 and 11 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, section 5 as amended by chapter 66 of the laws of 2012, and Sections 4, 5, 9, 10 and 11 as amended by chap- ter 533 of the laws of 2014 by authorizing another fifteen (15) school building projects in Phase III, plus a district-wide technology project in Phase III up to a total cost of $615 million. Section 4 of the bill also amends chapter 533 of the laws of 2014 by delineating the process for developing the Comprehensive School Facili- ties Modernization Plan for Phase III, further defining the Core Model for the Phase III strategic Plan, and authorizing 98% State aid reimbursement for all projects in Phase III, including the effective doubling of the Maximum Cost Allowance (i.e., MCA) for the Elementary Schools a full MCA reset for Secondary Schools. This authorization also amends subdivision 6 of section 3602 of the education law by permitting the Rochester City School District to utilize two multi-year cost allow- ances in a five-year period. This section also amends the education law by requiring the New York State Education Department (SED) to appoint a dedicated SED representative to be the SED project manager for all aspects of the facilities modernization program including but not limit- ed to having authority to expedite SED review and to grant approvals related to program reports, master plan, building plans and specifica- tions. Section 4 of the bill further amends chapter 533 of the laws of 2014 by providing the RJSCB the option to extend the contracts of the Phase II Program Manager and the ICO for Phase III. Section 5 of the bill amends chapter 533 of the laws of 2014 by extend- ing the annual reporting to June 30, 2026, Section 7 of the bill provides that the act shall take effect immediate- ly. JUSTIFICATION: From their Phase I and Phase II experience, the City, the city school district and the Rochester Joint School Construction Board have learned how to most efficiently use limited resources, deliver completed projects in a timely manner and minimize disruption to the educational experience of students during construction. They have applied this expe- rience in developing the Phases III and IV Master Plan. Chapter 533 of the laws of 2014 authorized Phase II of the program, which involved rebuilding 13 schools in the City, at a cost of up to $435 million. Chapter 416 of the laws of 2007 authorized the first phase of construction to rebuild 13 public schools in the City of Rochester. It has long been recognized that a healthy and welcoming learning envi- ronment promotes greater educational attainment. Phases I and I I of the Facilities Modernization Program being managed by the Rochester Joint School Construction Board are still ongoing, and involve the investment of $325 million in Phase I for the reconstruction or rehabilitation of 13 schools, and $435 million for the reconstruction or rehabilitation of another 13 schools in Phase II. A gap in the ongoing construction schedule for this multi-phase modern- ization program will have an adverse impact on the efficient execution of the Program, increase the costs of these projects, restrict the use of limited resources and unnecessarily disrupt the academic process. Any gap would also adversely disrupt the significant momentum and success of the Business and Workforce Development program which is a vital diversi- ty initiative in the greater Rochester region as a result of the RSMP capital investments. It is for that reason the SED Office of Facilities Planning would have an integral function in the regular review of each Phase 3 Project as the design, engineering and cost details evolve. Specifically, the coordinated effort should culminate in deeper famili- arity earlier in the process, as well as a more efficient and expedited Final Review Approval that allows the Bidding, Award of Construction Contracts, and actual Occupancy of the completed Projects to occur as close to the approved RSMP Phase 3 Strategic Plan Master Schedule as practical. Passage of this legislation is necessary to prevent a lapse in construction and will allow for a seamless transition from Phase II to Phase III. This legislation would continue at the preference of, and interest of, the RJSCB to ensure successful oversight in terms of Program Management and other professional services performed in the RSMP Phase 2 implementation guaranteeing strict preservation of transparency and accountability. LEGISLATIVE HISTORY: Phase I of this Program was authorized through Chapter 416 of the Laws of 2007. Phase II was authorized through Chapter 533 of the laws of 2014, and also through Chapter 92 of the Laws of 2016 signed by the Governor of the State of New York on 05 July 2016. FISCAL IMPLICATIONS: Total cost to the State and Local government to be determined. This legislation authorizes construction up to $615 million, 98% of which will be borne by the State of New York. EFFECTIVE DATE: This act shall take effect immediately.
S6245 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6245 2019-2020 Regular Sessions I N S E N A T E May 29, 2019 ___________ Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed 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. 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, is amended by adding a new section 1-a to read as follows: § 1-A. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT CITY OF ROCHESTER SCHOOLS ARE IN NEED OF EXTENSIVE RECONSTRUCTION AND MODERNIZA- TION AND CERTAIN SCHOOLS ARE PAST THEIR USEFUL LIFE. THE AVERAGE AGE OF THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER BUILDINGS IS 74 YEARS WHICH IS SIGNIFICANTLY ABOVE THE 65 YEARS AVERAGE AGE OF SCHOOLS IN NEW YORK STATE. EVEN BY MAXIMIZING THE DEBT BORROWING UNDER EXISTING CONSTITUTIONAL AND STATUTORY LIMITS, THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER IS UNABLE TO FINANCE MODERNIZATION OF ITS FACILITIES AT A REASONABLE RATE AS NEEDS ARE FAR GREATER THAN THE AVAILABILITY OF CAPITAL. THE CITY SCHOOL DISTRICT'S FACILITIES ARE LANDLOCKED IN HIGHLY DENSE URBAN NEIGHBORHOODS LACKING PROPER PROGRAM SPACES, ADEQUATE AND EFFICIENT MECHANICAL, ELECTRICAL AND PLUMBING SYSTEMS, PROPER SCHOOL BUS STAGING AREAS FOR DROP-OFFS AND DISMISSALS, ADEQUATE ATHLETIC FACILITIES AND OTHER ESSENTIAL SCHOOL AMENITIES REQUIRED FOR THE SAFE AND PROPER ADMINISTRATION OF AN EDUCATIONAL INSTITUTION, AND WHILE THE ROCHESTER CITY SCHOOL DISTRICT HAS INVESTED SIGNIFICANT CAPITAL, DETERIORATION OF BUILDING STOCK OUTPACES THE CITY SCHOOL DISTRICT'S ABILITY TO REPAIR IT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11982-01-9
S. 6245 2 THE LEGISLATURE FURTHER FINDS THAT SUCH DETERIORATION OF THE SCHOOLS AND INABILITY TO EXPAND SCHOOL SITES TO PROVIDE EVEN A MODICUM OF CUSTOMARY FACILITIES AND AMENITIES TO STUDENTS IS A SERIOUS IMPEDIMENT TO LEARNING AND TEACHING. IF THE QUALITY OF EDUCATION IN THE CITY IS TO BE IMPROVED, EXISTING SCHOOLS MUST BE REHABILITATED AND RECONSTRUCTED. THIS WILL INCLUDE THE RETIREMENT OF THE OLDEST FACILITIES, WHICH FACILI- TIES ARE BEYOND COST-EFFECTIVE REPAIR, TO BE REPLACED BY MORE EFFICIENT- LY OPERATING BUILDINGS WITH BETTER USE OF SPACE. RENOVATIONS SHALL RESULT IN FACILITIES MORE CONDUCIVE TO CURRENT EDUCATION REQUIREMENTS AND SHALL BE EQUIPPED TO OPERATE AT LOWER MAINTENANCE COSTS WITH IMPROVED ENERGY EFFICIENCY. THE STUDENT POPULATION WITH SPECIAL NEEDS AND STUDENTS WITH ENGLISH AS A SECOND LANGUAGE HAS BEEN RISING. THIS SHIFT IN ENROLLMENT HAS REQUIRED OVERUSE OF AVAILABLE CLASSROOM SPACE FOR REGULAR INSTRUCTION AND RESULTED IN A SHORTAGE OF LIBRARIES, ART ROOMS, MUSIC ROOMS, COMPUTER ROOMS AND OTHER COMMON SCHOOL FACILITY ELEMENTS. AS THE CITY SCHOOL DISTRICT CLOSE BUILDINGS THAT CAN NO LONGER BE REPAIRED THE REHABILI- TATION AND RECONSTRUCTION OF OTHER EXISTING FACILITIES IN PHASE THREE WILL ALLOW FOR REALLOCATION OF CLASSROOM SPACE TO ESSENTIAL SPECIALIZED USES. THE CITY'S FISCAL LIMITATIONS, HOWEVER, MAGNIFY THE INABILITY TO MAINTAIN EXISTING AGING FACILITIES OR PROVIDE NEW FACILITIES TO ACCOMMO- DATE THE SHIFTING STUDENT POPULATIONS. THE LEGISLATURE FURTHER FINDS THAT AS A RESULT OF THE FOREGOING, LEGISLATION GRANTING CERTAIN NEW OR ADDITIONAL AUTHORITY TO THE RJSCB AS AGENT TO THE CITY AND THE CITY SCHOOL DISTRICT AS SET FORTH IN SUCH LEGISLATION IS NECESSARY, WHICH AUTHORITY SHOULD ENABLE BOTH PARTIES TO BETTER, MORE ECONOMICALLY AND MORE INNOVATIVELY MANAGE THE ACQUISITION, DESIGN, CONSTRUCTION, FINANCING, OPERATION, AND MAINTENANCE OF MODERN- IZED EDUCATIONAL FACILITIES. § 2. 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 educa- tion of the city school district of the city of Rochester school facili- ties modernization program act, as amended by chapter 533 of the laws of 2014, are amended and five new subdivisions (p), (q), (r), (s) and (t) are added to read as follows: (g) "Project" shall mean: (I) 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] BUILD- INGS, including but not limited to items located at sites not within a project that will allow the RJSCB to conduct district-wide technology improvements to benefit existing school buildings; and/or (3) the acqui- sition of additional real property by the city to facilitate the project; (II) THE ACQUISITION OF LAND FOR NEW SCHOOL BUILDINGS OR RECON- STRUCTED EXISTING SCHOOLS FOR PARKING, ATHLETIC FIELDS, PLAYGROUNDS AND OTHER RECREATIONAL FACILITIES; AND/OR (III) CONSTRUCTION OF NEW SCHOOL BUILDINGS AND ACQUISITION OF LAND WITH EXISTING IMPROVEMENTS WHICH MAY ALSO INCLUDE (1) THE CONSTRUCTION OR RECONSTRUCTION OF ATHLETIC FIELDS, ATHLETIC FACILITIES, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES FOR SUCH NEW SCHOOL BUILDINGS AND/OR FOR DISTRICT-WIDE UTILIZATION; AND (2) THE ACQUISITION AND INSTALLATION OF ALL EQUIPMENT NECESSARY AND ATTEND- S. 6245 3 ANT TO AND FOR THE USE OF SUCH RECONSTRUCTED OR NEW SCHOOL BUILDINGS, AND/OR ATHLETIC FACILITIES INCLUDING, BUT NOT LIMITED TO, ITEMS LOCATED AT SITES NOT WITHIN A PROJECT THAT WILL ALLOW THE RJSCB TO CONDUCT DISTRICT-WIDE TECHNOLOGY IMPROVEMENTS TO BENEFIT SUCH NEW SCHOOL BUILD- INGS AND/OR ATHLETIC FACILITIES. (i) "Program manager" shall mean [an] THE independent program manage- ment firm hired by the RJSCB to OVERSEE THE IMPLEMENTATION OF THE FACIL- ITIES MODERNIZATION PLAN, AND TO assist [it] THE RJSCB in: (i) develop- ing and implementing procedures for the projects undertaken and contracted for by the RJSCB; (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) managing such projects AND ACTING AS THE OWNER'S AUTHORIZED REPRESENTATIVE; 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 COMPLI- ANCE firm hired by the RJSCB with an in-depth knowledge base and breadth of experience conducting minority and women-owned business enterprise (MWBE) and disadvantaged business enterprise (DBE) utilization compli- ance monitoring for public contracts within New York state [including school districts]. SUCH FIRM SHALL SUPPORT THE FACILITIES MODERNIZATION PROGRAM, AND THE PROGRAM MANAGER, BY DEVELOPING AND IMPLEMENTING AN MWBE/DBE UTILIZATION MASTER PLAN FOR THE GOVERNANCE OF ALL PROJECT CONTRACTS TO ENSURE COMPLIANCE WITH ALL FEDERAL, STATE, AND LOCAL LAWS, RULES, AND REGULATIONS AS APPLICABLE; 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. (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 COLLATERAL EDUCATIONAL, 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 COMMISSION- ER, 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 SATISFACTION 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 UTILIZATION MASTER PLAN" SHALL MEAN A PLAN PREPARED BY THE INDEPENDENT COMPLIANCE OFFICER AND THE PROGRAM MANAGER TO THE SATIS- FACTION OF THE RJSCB TO MEET THE GOALS SET FORTH IN THE RJSCB APPROVED DIVERSITY PLAN. S. 6245 4 (S) "PROFESSIONAL SERVICES" SHALL MEAN ACCOUNTING, LEGAL, PROGRAM MANAGEMENT, AND OTHER SUCH SERVICES PROVIDED BY A FORMALLY CERTIFIED OR LICENSED MEMBER OF SUCH PROFESSION OR SUCH PROFESSIONAL ORGANIZATION. (T) "SED" SHALL MEAN THE NEW YORK STATE DEPARTMENT OF EDUCATION. § 3. 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 the mayor of the city; three of whom shall be appointed by 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 and the superintendent; and one non-voting member who shall be the independent 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  2019 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. § 4. Paragraph 6 of subdivision (c) of section 3 of chapter 416 of the laws of 2007, establishing the city of Rochester and the board of educa- tion of the city school district of the city of Rochester school facili- ties modernization program act, as added by chapter 533 of the laws of 2014, is amended to read as follows: 6. To engage an executive director or appoint an advisory staff consisting of city and city school district employees to provide over- sight of the program manager [provided that the executive director shall not have been or be a member of the RJSCB within the twenty-four month period preceding or subsequent to serving as the executive director]. § 5. Section 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 SIX HUNDRED AND FIFTEEN MILLION DOLLARS IN PHASE THREE shall be authorized and S. 6245 5 undertaken pursuant to this act, unless otherwise authorized by law. MONEYS WITHIN SUCH LIMITS THAT ARE DETERMINED TO BE UNNECESSARY TO ACHIEVE COMPLETION OF ANY SUCH PHASE OR REMAINING AFTER THE COMPLETION OF SUCH PHASE MAY BE APPLIED TO THE COSTS OF ANY OTHER PHASE OR TO PLAN- NING COSTS FOR ANY PHASE SUBSEQUENT THERETO. § 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 $615,000,000 IN PHASE THREE for projects undertaken pursuant to this act, OR ISSUED TO REFUND SUCH OBLI- GATIONS, 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 pursu- ant to this act. The plan should also address 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) estimates 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 findings 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] RE-BID SUCH of 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 accord- ance 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 strategies that would create and coordi- nate 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. THE CORE MODEL PROGRAM DEVELOPED AS PART OF THE PHASE THREE STRATEGIC PLAN SHALL INCLUDE SPACES TO FULLY SUPPORT THE DIVERSE PROGRAMS REQUIRED S. 6245 6 TO ADDRESS THE HIGH NEEDS POPULATION IN ROCHESTER SUCH AS RESPONSE TO INTERVENTION ROOMS, ENGLISH FOR SPEAKERS OF OTHER LANGUAGES ROOMS, RESTORATIVE PRACTICE AND OTHER BEHAVIORAL INTERVENTION ROOMS, SCHOOL BASED HEALTH CLINICS, DEDICATED OCCUPATIONAL THERAPY AND/OR PHYSICAL THERAPY SENSORY STIMULATION ROOMS AND FULL KITCHENS WITH SERVING AREAS. IN ADDITION, A SIGNIFICANT PERCENTAGE OF THE STUDENTS WITH DISABILITIES ARE PLACED IN INTEGRATED CO-TEACHING AND CONSULTANT TEACHER CLASSROOMS WITH THEIR NON-DISABLED PEERS. SUCH STUDENTS WITH DISABILITIES REQUIRE ACCESS TO SPECIAL EDUCATION RELATED SERVICES AND RESOURCES. MANY OF THESE SPACES ARE NOT CUSTOMARILY ASSIGNED BUILDING AID UNITS UNDER THE CURRENT DEPARTMENT OF EDUCATION BUILDING AID FORMULAS. FOR PURPOSES OF THE PHASE THREE STRATEGIC PLAN, ALL REQUIRED CORE MODEL PROGRAM ELEMENTS ALONG WITH ALL INSTRUCTIONAL SPACES COMPRISING THE APPROVED TEST FIT CONCEPTS SHALL BE ELIGIBLE FOR THE 98 PERCENT STATE REIMBURSEMENT AID ALLOWED BY MUNICIPAL LAW TO RESULT IN A NOMINAL LOCAL COST OF APPROXI- MATELY 2 PERCENT. 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 upon the completion of a supplemental project labor agreement benefit analysis AND OTHER REQUIREMENTS OF THE RJSCB IN REGARDS TO DIVERSITY GOALS, PRE-APPRENTICESHIP, AND APPRENTICESHIP PARTICIPATION. (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. S. 6245 7 (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 SUPERINTENDENT OR THE SUPERINTENDENT'S DESIGNEE and that the design and construction stan- dards of such project shall be subject to the review and approval of the commissioner; PROVIDED, HOWEVER, THE DEPARTMENT OF EDUCATION SHALL APPOINT A DEDICATED DEPARTMENT REPRESENTATIVE TO BE THE DEPARTMENT'S PROJECT MANAGER FOR ALL ASPECTS OF THE FACILITIES MODERNIZATION PROGRAM INCLUDING, BUT NOT LIMITED TO, HAVING AUTHORITY TO EXPEDITE THE DEPART- MENT'S REVIEW AND TO GRANT APPROVALS RELATED TO PROGRAM REPORTS, MASTER PLAN, BUILDING PLANS AND SPECIFICATIONS. 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 ENTERED INTO BY THE RJSCB with respect to each project undertaken pursuant to this act, the RJSCB shall consider the financial and organizational capacity of contractors and subcontrac- tors in relation to the magnitude of work they may perform, the record of performance of contractors and subcontractors on previous work, the record of contractors and subcontractors in complying with existing labor standards and maintaining harmonious labor relations, and the commitment of contractors to work with minority and women-owned business enterprises pursuant to article 15-A of the executive law through joint ventures or subcontractor relationships. The RJSCB shall further require, on any contract in excess of one million dollars for construction, reconstruction, demolition, excavation, rehabilitation, repair, renovation, alteration, or improvement, WHICH USE APPRENTICE- ABLE AND CONSTRUCTION-RELATED TRADE CLASSIFICATIONS, that each contrac- tor [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 gradu- S. 6245 8 ated 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 APPRENTICESHIP REQUIREMENTS, ANY SUBCONTRACTORS LET BY THE PRIME CONTRACTOR OVER FIVE HUNDRED THOUSAND DOLLARS, WHICH USE APPRENTICE-ABLE AND CONSTRUCTION-RELATED TRADE CLAS- SIFICATIONS, ARE ALSO SUBJECT TO THE APPRENTICESHIP 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, designing, and constructing new and/or reconstructing existing school buildings, public facilities, commercial facilities, and/or infrastruc- ture facilities, and in the negotiation and management of labor contracts and agreements, training programs, educational programs, and physical technological 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 verification 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. 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 partic- ipation opportunities to be followed by prime contractors and subcon- tractors for such projects; review, modify if necessary, and approve the preliminary diversity plan established pursuant to section five of this act; provide 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 S. 6245 9 requirements contained in the approved diversity plan, for any such project; identify contractors in non-compliance with any such require- ments 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; devel- op and work with the RJSCB to enforce agreed financial or monetary sanc- tions for any contractor's non-compliance with the MWBE/DBE utilization master plan. In addition, the independent compliance 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 maintain records and documentation to confirm compliance with any applicable requirements for each project; identify contractors in non-compliance with any such requirements 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 projects authorized in phase two pursuant to this act, which- ever 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, 2026, OR UPON COMPLETION OF THE 15 SCHOOL BUILDING PROJECTS AUTHORIZED IN PHASE THREE PURSUANT TO THIS ACT, WHICH- EVER 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. § 6. 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: S. 6245 10 § 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. § 7. This act shall take effect immediately.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.