The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  993--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by M. of A. BRONSON, CLARK, MEEKS, LUNSFORD -- read once and
   referred to the Committee on Education -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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; and to amend the
   education law, in relation to the computation of building aid
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions (g) 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 to read as follows:
   (g) "Project" shall mean work at an existing school building site that
 involves  the  design,  reconstruction, or rehabilitation 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 acquisi-
 tion 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 within  a  project  that  will
 allow  the  RJSCB  to  conduct  district-wide technology improvements to
 benefit existing school buildings; and/or (3) the acquisition  of  addi-
 tional real property by the city to facilitate the project.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05197-12-1

 A. 993--A                           2
 
   (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  DEVELOP  AND
 IMPLEMENT  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.
   § 2. Sections 4, 5, 6, 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 follows:
   § 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) 12 PROJECTS, UP TO A TOTAL COST OF
 FOUR  HUNDRED  SEVENTY-FIVE  MILLION  DOLLARS  IN  PHASE  THREE shall be
 authorized and undertaken pursuant to this act, unless otherwise author-
 ized by law.
   § 5. Comprehensive school facilities modernization plan.   The  super-
 intendent  shall  submit  to the RJSCB a comprehensive draft plan recom-
 mending 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 $475,000,000 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
 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 extend the contracts of the providers of professional services
 for  phase  one OR TWO upon the adoption of findings that doing so would

 A. 993--A                           3
 
 be in the public interest; the contracts of the program manager and  the
 independent  compliance  officer  for  phase  two  WILL BE REBID AND THE
 CONTRACTS OF THE PROGRAM MANAGER AND THE INDEPENDENT COMPLIANCE  OFFICER
 FOR  PHASE  THREE  will  be rebid, and provided further that the program
 manager and the independent compliance officer and any new or  different
 providers  of  professional services shall be engaged 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  submit-
 ted  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 commu-
 nity input and public discussion,  and  develop  strategies  that  would
 create and coordinate any efforts to ensure a more diverse workforce for
 the  projects.  The [preliminary] diversity plan should address account-
 ability 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, the RJSCB and district shall  hold  as  many  public
 hearings as may be necessary to ensure sufficient public input and allow
 for significant 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 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
 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.
   § 6. Project selection.  Notwithstanding any general, special or local
 law  to  the  contrary  and upon approval by the comptroller pursuant to
 section five of this act, the RJSCB may select projects to be undertaken
 pursuant to this act, as provided for  in  such  approved  comprehensive
 plan.  After the RJSCB has selected a new project and plans and specifi-
 cations for such project have been prepared and approved by  the  RJSCB,
 which  are  consistent  with  the approved comprehensive plan, the RJSCB
 shall deliver such plans and specifications to the superintendent of the
 city school district and the mayor of the city of Rochester  for  review
 to  ensure that sufficient resources exist to pay the local share of any
 such project cost on an annual basis and that  the  plans  meet  program
 needs,  and upon the approval of the superintendent, to the commissioner
 for his or her  approval.  After  approval  by  the  superintendent  and
 commissioner,  the  plans  and  specifications  shall be returned to the
 RJSCB.  All such specifications shall detail the number of students  the
 completed  project is intended to serve, the site description, the types
 of subjects to be taught, the types of  activities  for  school,  recre-
 ational,  social,  safety, or other purposes intended to be incorporated
 in the school building or on its site and such other information as  the
 RJSCB  and  the  commissioner  shall  deem necessary or advisable.   The
 district program manager shall establish reasonable guidelines or limits
 on incidental costs to assure that to the greatest extent possible  such
 costs for each project do not exceed the state's maximum incidental cost
 allowance, in order to maximize efficient use of state building aid.

 A. 993--A                           4
 
   Notwithstanding  any other provision of law to the contrary, the RJSCB
 shall submit estimated project costs for the projects authorized  pursu-
 ant  to  [subdivision]  SUBDIVISIONS (b) AND (C) of section four of this
 act ON A FORM PROVIDED BY THE COMMISSIONER after the completion of sche-
 matic  plans and specifications for review by the commissioner. [If] FOR
 PROJECTS AUTHORIZED PURSUANT TO SUBDIVISION (B) OF SECTION FOUR OF  THIS
 ACT, IF the total project costs associated with such projects exceed the
 sum of the estimated individual approved cost allowance of each building
 project  by more than the lesser of 43 million dollars or ten percent of
 the approved costs AUTHORIZED PURSUANT TO  SUBDIVISION  (B)  OF  SECTION
 FOUR  OF THIS ACT, and the city school district has not otherwise demon-
 strated to the satisfaction of the STATE education department the avail-
 ability of additional local shares for such excess costs, then the RJSCB
 shall not proceed with the preparation of final plans and specifications
 for such projects until the projects have been redesigned or value-engi-
 neered to reduce estimated project costs so as not to exceed  the  above
 cost  limits.  FOR  PROJECTS  AUTHORIZED  PURSUANT TO SUBDIVISION (C) OF
 SECTION FOUR OF THIS ACT, IF THE TOTAL ESTIMATED  BUILDING  AID  PAYABLE
 FOR  PROJECTS  AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION FOUR OF
 THIS ACT, BASED UPON THE SUM OF THE ESTIMATED INDIVIDUAL  APPROVED  COST
 ALLOWANCE  OF  EACH  BUILDING,  IS  LESS THAN NINETY-FIVE PERCENT OF THE
 TOTAL PROJECT COSTS, THE RJSCB SHALL NOT  PROCEED  WITH  PREPARATION  OF
 FINAL PLANS AND SPECIFICATIONS FOR SUCH PROJECTS UNTIL THE PROJECTS HAVE
 BEEN  REDESIGNED OR VALUE ENGINEERED TO REDUCE ESTIMATED COSTS SO AS NOT
 TO EXCEED THIS COST LIMIT.
   NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE  RJSCB
 SHALL  SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS AUTHORIZED PURSU-
 ANT  TO SUBDIVISION (C) OF SECTION FOUR OF THIS ACT ON A  FORM  PROVIDED
 BY  THE  COMMISSIONER AFTER THE COMPLETION OF TWENTY-FIVE PERCENT OF THE
 FINAL PLANS AND SPECIFICATIONS FOR REVIEW BY THE  COMMISSIONER.  IF  THE
 TOTAL ESTIMATED BUILDING AID PAYABLE FOR PROJECTS AUTHORIZED PURSUANT TO
 SUBDIVISION  (C)  OF SECTION FOUR OF THIS ACT, BASED UPON THE SUM OF THE
 ESTIMATED INDIVIDUAL APPROVED COST ALLOWANCE OF EACH BUILDING,  IS  LESS
 THAN NINETY-FIVE PERCENT OF THE TOTAL PROJECT COSTS, THE RJSCB SHALL NOT
 PROCEED WITH THE COMPLETION OF THE REMAINING SEVENTY-FIVE PERCENT OF THE
 PLANS  AND SPECIFICATIONS FOR SUCH PROJECTS UNTIL THE PROJECTS HAVE BEEN
 REDESIGNED OR VALUE-ENGINEERED TO REDUCE ESTIMATED COSTS SO  AS  NOT  TO
 EXCEED THIS COST LIMIT.
   Notwithstanding  any other provision of law to the contrary, the RJSCB
 shall submit estimated project costs for the projects authorized  pursu-
 ant  to  [subdivision]  SUBDIVISIONS (b) AND (C) of section four of this
 act ON A FORM PROVIDED BY THE COMMISSIONER after the completion of fifty
 percent of the final plans and specifications for review by the  commis-
 sioner.  [If]  FOR  PROJECTS  AUTHORIZED  PURSUANT TO SUBDIVISION (B) OF
 SECTION FOUR OF THIS ACT, IF the total  project  costs  associated  with
 such  projects  exceed the sum of the estimated individual approved cost
 allowance of each building project by more than the lesser of 43 million
 dollars or ten percent of the  approved  costs  AUTHORIZED  PURSUANT  TO
 SUBDIVISION  (B)  OF  SECTION  FOUR  OF  THIS  ACT,  and the city school
 district has not otherwise demonstrated to the satisfaction of the STATE
 education department the availability of additional local share for such
 excess costs, then the RJSCB shall not proceed with  the  completion  of
 the  remaining  fifty  percent  of the plans and specifications for such
 projects until the projects have been redesigned or value-engineered  to
 reduce  estimated  project  costs  so  as  not  to exceed the above cost
 limits.  FOR PROJECTS AUTHORIZED PURSUANT TO SUBDIVISION (C) OF  SECTION

 A. 993--A                           5
 
 FOUR  OF  THIS  ACT,  IF  THE  TOTAL  ESTIMATED BUILDING AID PAYABLE FOR
 PROJECTS AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION FOUR OF  THIS
 ACT, BASED UPON THE SUM OF THE ESTIMATED INDIVIDUAL APPROVED COST ALLOW-
 ANCE  OF  EACH  BUILDING,  IS LESS THAN NINETY-FIVE PERCENT OF THE TOTAL
 PROJECT COSTS, THE RJSCB SHALL NOT PROCEED WITH THE  COMPLETION  OF  THE
 REMAINING  FIFTY  PERCENT  OF  THE  PLANS  AND  SPECIFICATIONS  FOR SUCH
 PROJECTS UNTIL THE PROJECTS HAVE BEEN REDESIGNED OR VALUE-ENGINEERED  TO
 REDUCE ESTIMATED PROJECT COSTS SO AS NOT TO EXCEED THIS COST LIMIT.
   NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE RJSCB
 SHALL  SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS AUTHORIZED PURSU-
 ANT  TO SUBDIVISION (C) OF SECTION FOUR OF THIS ACT ON A  FORM  PROVIDED
 BY  THE COMMISSIONER AFTER THE COMPLETION OF SEVENTY-FIVE PERCENT OF THE
 FINAL PLANS AND SPECIFICATIONS FOR REVIEW BY THE COMMISSIONER.   IF  THE
 TOTAL ESTIMATED BUILDING AID PAYABLE FOR PROJECTS AUTHORIZED PURSUANT TO
 SUBDIVISION  (C)  OF SECTION FOUR OF THIS ACT, BASED UPON THE SUM OF THE
 ESTIMATED INDIVIDUAL APPROVED COST ALLOWANCE OF EACH BUILDING,  IS  LESS
 THAN NINETY-FIVE PERCENT OF THE TOTAL PROJECT COSTS, THE RJSCB SHALL NOT
 PROCEED  WITH THE COMPLETION OF THE REMAINING TWENTY-FIVE PERCENT OF THE
 PLANS AND SPECIFICATIONS FOR SUCH PROJECTS UNTIL THE PROJECTS HAVE  BEEN
 REDESIGNED  OR  VALUE-ENGINEERED TO REDUCE ESTIMATED PROJECT COSTS SO AS
 NOT TO EXCEED THIS COST LIMIT.
   § 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 AND THREE, contingent
 upon the completion of a supplemental project  labor  agreement  benefit
 analysis.
   (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

 A. 993--A                           6
 
 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.
   (D-1)  EVERY CONTRACT ENTERED INTO BY RESOLUTION OF THE RJSCB PURSUANT
 TO THIS ACT SHALL CONTAIN A PROVISION PROVIDING THAT: (I) PAYMENT DUE ON
 SUCH CONTRACT SHALL BE WITHHELD WHERE THE CONTRACTOR  HAS  NOT  PROVIDED
 NECESSARY  INFORMATION  FOR  THE  RJSCB  TO  COMPLY  WITH  THE REPORTING
 REQUIREMENTS OF THIS ACT, AS DETERMINED BY THE STATE  EDUCATION  DEPART-
 MENT;  AND  SHALL  CONTINUE  TO  BE  WITHHELD  UNTIL SUCH INFORMATION IS
 PROVIDED SATISFACTORY TO THE STATE EDUCATION DEPARTMENT; AND  (II)  SUCH
 WITHHOLDING  SHALL  NOT  CONSTITUTE  A  BREACH OF CONTRACT ENTITLING THE
 CONTRACTOR TO TERMINATE SUCH CONTRACT OR TO BE AWARDED DAMAGES.
   (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-
 lition,  excavation,  rehabilitation, repair, renovation, alteration, or
 improvement that each contractor and subcontractor shall 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.
   §  10. Program managers.  (a) All contracts entered into by resolution
 of the RJSCB for projects for  phase  two  AND  PHASE  THREE  undertaken
 pursuant to this act shall be managed by an independent program manager.
 The  selection  of  the program manager shall be 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-

 A. 993--A                           7

 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 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.
   (C) EVERY CONTRACT ENTERED INTO BY RESOLUTION OF THE RJSCB TO  HIRE  A
 PROGRAM MANAGER PURSUANT TO THIS ACT SHALL CONTAIN A PROVISION PROVIDING
 THAT:  (I)  PAYMENT  DUE  ON  SUCH  CONTRACT SHALL BE WITHHELD WHERE THE
 PROGRAM MANAGER HAS NOT PROVIDED NECESSARY INFORMATION FOR THE RJSCB  TO
 COMPLY WITH THE REPORTING REQUIREMENTS OF THIS ACT, AS DETERMINED BY THE
 STATE EDUCATION DEPARTMENT, AND SHALL CONTINUE TO BE WITHHELD UNTIL SUCH
 INFORMATION  IS PROVIDED SATISFACTORY TO THE STATE EDUCATION DEPARTMENT;
 AND (II) SUCH WITHHOLDING SHALL NOT  CONSTITUTE  A  BREACH  OF  CONTRACT
 ENTITLING  THE  PROGRAM  MANAGER  TO  TERMINATE  SUCH  CONTRACT OR TO BE
 AWARDED DAMAGES.
   (D) ALL RECORDS OF THE PROGRAM MANAGER RELATED TO THE RJSCB  SHALL  BE
 SUBJECT TO THE CITY SCHOOL DISTRICT'S ANNUAL EXTERNAL AUDIT AS SET FORTH
 IN  SUBDIVISION  3  OF  SECTION 2116-A OF THE EDUCATION LAW AND SHALL BE
 SUBJECT TO AUDITS OF THE STATE CONDUCTED BY THE COMPTROLLER AS SET FORTH
 IN SECTION 33 OF THE GENERAL MUNICIPAL LAW.
   (E) ALL CONTRACTS ENTERED INTO BY RESOLUTION OF THE RJSCB FOR PROJECTS
 FOR PHASE THREE SHALL BE SUBJECT TO THE PUBLIC BIDDING  REQUIREMENTS  OF
 SECTION 103 OF THE GENERAL MUNICIPAL LAW.
   §  11. Independent compliance officers.  All contracts entered into by
 resolution of the RJSCB for projects  for  phase  two  AND  PHASE  THREE
 undertaken  by  this act shall be monitored by an independent compliance
 officer.  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
 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 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

 A. 993--A                           8

 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 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] 51 projects authorized pursuant to
 this act, the RJSCB shall issue a report  to  the  governor,  the  comp-
 troller,  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, 2031, OR UPON COMPLETION OF THE 12  PROJECTS
 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 GOVERNOR, THE COMMISSIONER, THE COMPTROLLER, THE TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
 ER  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 PEDA-
 GOGICAL RESULTS OF THE PROJECTS UNDERTAKEN PURSUANT TO THIS  ACT,  ALONG
 WITH RECOMMENDATIONS FOR ITS CONTINUANCE, AMENDMENTS, OR DISCONTINUANCE.
   (D)  REPORTING  REQUIREMENTS AND STATE AID. WHERE THE COMMISSIONER HAS
 DETERMINED THAT THE RJSCB HAS NOT COMPLIED WITH ANY  REPORTING  REQUIRE-
 MENT  PRESCRIBED  IN SECTION 21 OF THIS ACT, THE COMMISSIONER MAY TEMPO-
 RARILY WITHHOLD THE ALLOTMENT, APPORTIONMENT AND PAYMENT  OF  STATE  AID
 AND  ASSISTANCE  PURSUANT  TO  THE  EDUCATION  LAW  FROM THE CITY SCHOOL
 DISTRICT UNTIL SUCH TIME THAT THE RJSCB HAS COMPLIED WITH SUCH  REQUIRE-
 MENTS. PROVIDED FURTHER THAT IN THE EVENT STATE AID IS TEMPORARILY WITH-
 HELD  FROM  THE  CITY  SCHOOL  DISTRICT DUE TO REPORTING DEFICIENCIES AS
 PROVIDED IN THIS SECTION,  STATE  AID  PAYMENTS  SHALL  CONTINUE  TO  BE
 SUBJECT TO WITHHOLDING PURSUANT TO SECTION 99-B OF THE STATE FINANCE LAW
 SHOULD  THE CITY SCHOOL DISTRICT DEFAULT IN THE PAYMENT OF THE PRINCIPAL
 OF ITS BONDS OR NOTES ISSUED FOR PURPOSES OF THIS ACT OR THE PAYMENT  OF

 A. 993--A                           9
 
 INTEREST  ON  SUCH BONDS OR NOTES OR IN THE PAYMENT OF BOTH PRINCIPAL OF
 AND INTEREST ON SUCH BONDS OR NOTES.
   § 3. Paragraph a of subdivision 6 of section 3602 of the education law
 is amended by adding a new subparagraph 9 to read as follows:
   (9)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, FOR
 THE PURPOSE OF COMPUTATION OF BUILDING AID FOR RECONSTRUCTION OR MODERN-
 IZING OF NO MORE THAN SIX PROJECTS  PURSUANT  TO  CHAPTER  FOUR  HUNDRED
 SIXTEEN  OF  THE  LAWS  OF  TWO THOUSAND SEVEN, AS AMENDED, ENACTING THE
 THIRD PHASE OF THE CITY OF  ROCHESTER  SCHOOL  FACILITIES  MODERNIZATION
 PROGRAM ACT, MULTI-YEAR COST ALLOWANCES FOR EACH PROJECT SHALL BE ESTAB-
 LISHED  AND UTILIZED TWO TIMES IN THE FIRST FIVE-YEAR PERIOD. SUBSEQUENT
 MULTI-YEAR COST ALLOWANCES SHALL BE ESTABLISHED NO SOONER THAN TEN YEARS
 AFTER ESTABLISHMENT OF  THE  FIRST  MAXIMUM  COST  ALLOWANCE  AUTHORIZED
 PURSUANT TO THIS SUBPARAGRAPH.
   §  4.  This  act  shall take effect immediately and shall apply to all
 contracts entered into, renewed, modified or amended on  or  after  such
 effective date.