S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4678
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
   tee on Education
 
 AN  ACT  to amend the education law, in relation to Nassau county educa-
   tional construction projects; and providing for  the  repeal  of  such
   provisions upon expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section  1950  of  the  education  law  is
 amended by adding a new paragraph pp to read as follows:
   PP.  (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE NASSAU COUNTY
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ESTABLISH AN OFFICE  FOR
 REVIEW  AND APPROVAL OF ALL SCHOOL MAINTENANCE AND CONSTRUCTION PROJECTS
 WITHIN THE COUNTY OF NASSAU. SUCH OFFICE SHALL BE ACCOUNTABLE FOR ADMIN-
 ISTRATION AND ENFORCEMENT OF THE UNIFORM CODE WITH RESPECT TO BUILDINGS,
 PREMISES AND EQUIPMENT IN THE CUSTODY OF, OR ACTIVITIES RELATED  THERETO
 UNDERTAKEN  BY, SCHOOL DISTRICTS WITHIN THE COUNTY OF NASSAU. NOTHING IN
 THIS SECTION SHALL PREVENT THE NASSAU COUNTY BOARD OF COOPERATIVE EDUCA-
 TIONAL SERVICES FROM CHARGING  A  FEE  FOR  SERVICES  PROVIDED  BY  SUCH
 OFFICE.
   (2)  ON  OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SIX THE DISTRICT
 SUPERINTENDENT SHALL PREPARE A REPORT TO BE SUBMITTED TO  THE  TEMPORARY
 PRESIDENT  OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER
 OF THE ASSEMBLY, AND THE MINORITY LEADER  OF  THE  ASSEMBLY  INDICATING:
 (I)  THE  AMOUNT  OF  PROJECTS REVIEWED BY SUCH OFFICE, (II) THE AVERAGE
 LENGTH OF TIME THAT APPROVAL OR DISAPPROVAL WAS  GRANTED  WITHIN,  (III)
 THE  COST  OF ESTABLISHING AND OPERATING SUCH OFFICE, (IV) THE ESTIMATED
 COST SAVINGS OF HAVING CONSTRUCTION AND MAINTENANCE PROJECTS APPROVED BY
 SUCH OFFICE, AND (V) A RECOMMENDATION  OF  WHETHER  SUCH  OFFICE  SHOULD
 CONTINUE TO EXIST.
   §  2. Paragraph (d) of subdivision 2 of section 409-d of the education
 law, as added by section 1 of part B of chapter 56 of the laws of  1998,
 is amended to read as follows:
   (d) require each school district to develop a five year capital facil-
 ities  plan  TO  BE  SUBMITTED  TO  THE  DEPARTMENT,  EXCEPT THAT SCHOOL
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00622-01-1

 A. 4678                             2
 
 DISTRICTS IN THE COUNTY OF NASSAU SHALL ALSO PROVIDE A FIVE YEAR CAPITAL
 PLAN TO THE NASSAU COUNTY BOARD OF COOPERATIVE EDUCATIONAL SERVICES;
   § 3. The third undesignated paragraph of subdivision 1 and subdivision
 5  of section 408 of the education law, the third undesignated paragraph
 of subdivision 1 as amended by chapter 414 of  the  laws  of  1972,  are
 amended to read as follows:
   In  the  case of a school district in a city having a million inhabit-
 ants or more OR SCHOOL DISTRICTS IN THE COUNTY OF  NASSAU,  all  of  the
 provisions  previously set forth in this subdivision shall apply, except
 that such school district shall only be required to submit an outline of
 the plans and specifications to the commissioner of  education  for  his
 information where a schoolhouse is to be erected in conjunction with the
 development of a project to be developed under the provisions of article
 two or five of the private housing finance law and where both the school
 and  the  project  are  to  have  rights  or interests in the same land,
 regardless of the similarity or equality thereof, including  fee  inter-
 ests, easements, space rights or other rights or interests.
   5.  A.  In  a  city  having  a  population of one million or more, all
 designing, draughting and inspecting necessary in  connection  with  the
 construction,  additions to, alterations and maintenance of schoolhouses
 shall be performed by a  bureau  established  and  maintained  for  this
 purpose  under  the board of education. The work of this bureau shall be
 performed by civil service employees in  the  classified  civil  service
 under  the  direction  of the superintendent of school buildings, design
 and construction, except that repairs,  betterment  and  maintenance  of
 heating  and  ventilating plants and equipment, elevators and mechanical
 equipment shall remain under the  direction  of  the  superintendent  of
 plant  operation and maintenance. In a special case upon approval of the
 board of estimate, such  designing,  draughting  or  inspecting  may  be
 otherwise performed.
   B.  FOR  SCHOOL  DISTRICTS  IN  THE  COUNTY  OF NASSAU, ALL DESIGNING,
 DRAUGHTING AND INSPECTING NECESSARY IN CONNECTION WITH THE CONSTRUCTION,
 ADDITIONS TO, ALTERATIONS  AND  MAINTENANCE  OF  SCHOOLHOUSES  SHALL  BE
 PERFORMED BY AN OFFICE ESTABLISHED AND MAINTAINED FOR THIS PURPOSE UNDER
 THE  NASSAU  COUNTY BOARD OF COOPERATIVE EDUCATION SERVICES. THE WORK OF
 THIS BUREAU SHALL BE PERFORMED BY CIVIL SERVICE EMPLOYEES IN THE CLASSI-
 FIED CIVIL SERVICE UNDER THE DIRECTION OF THE SUPERINTENDENT  OF  SCHOOL
 BUILDINGS,  DESIGN AND CONSTRUCTION, EXCEPT THAT REPAIRS, BETTERMENT AND
 MAINTENANCE OF HEATING AND VENTILATING PLANTS AND  EQUIPMENT,  ELEVATORS
 AND  MECHANICAL  EQUIPMENT  SHALL  REMAIN  UNDER  THE  DIRECTION  OF THE
 DISTRICT SUPERINTENDENT. IN A  SPECIAL CASE UPON APPROVAL OF  THE  BOARD
 OF  ESTIMATE,  SUCH DESIGNING, DRAUGHTING OR INSPECTING MAY BE OTHERWISE
 PERFORMED.
   § 4. The education law is amended by adding a new article 10-E to read
 as follows:
                               ARTICLE 10-E
                  NASSAU COUNTY EDUCATIONAL CONSTRUCTION
 SECTION 500-A. CAPITAL CONSTRUCTION PROJECTS.
   § 500-A. CAPITAL CONSTRUCTION PROJECTS. NOTWITHSTANDING THE PROVISIONS
 OF ANY GENERAL, SPECIAL,  OR  LOCAL  LAW  TO  THE  CONTRARY,  A  CAPITAL
 CONSTRUCTION  CONTRACT  ENTERED INTO BETWEEN A COMPONENT SCHOOL DISTRICT
 OF THE NASSAU COUNTY BOARD OF COOPERATIVE EDUCATIONAL SERVICES  AND  ANY
 PERSON PURSUANT TO THIS ARTICLE MAY BE AWARDED EITHER PURSUANT TO PUBLIC
 BIDDING  IN  COMPLIANCE  WITH  SECTION  ONE HUNDRED THREE OF THE GENERAL
 MUNICIPAL LAW OR, IN ORDER TO FOSTER MAJOR INVESTMENT IN EXISTING SCHOOL
 BUILDINGS AND TO DELIVER QUALITY PRODUCTS AND SERVICES THAT ARE  BENEFI-

 A. 4678                             3
 
 CIAL  TO  THE SCHOOL DISTRICT AND THE PUBLIC THEY SERVE, PURSUANT TO THE
 FOLLOWING PROVISIONS OF THIS ARTICLE FOR THE AWARD OF A  CONTRACT  BASED
 ON  EVALUATION  OF  PROPOSALS  SUBMITTED  IN  RESPONSE  TO A REQUEST FOR
 PROPOSALS  PREPARED  BY OR FOR A COMPONENT SCHOOL DISTRICT OF THE NASSAU
 COUNTY BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES.  PROVIDED,  HOWEVER,
 THAT  THE  COMPONENT SCHOOL DISTRICT OF SUCH BOARD SHALL HAVE THE OPTION
 OF OBTAINING PROFESSIONAL SERVICES INCLUDING BUT NOT LIMITED TO AN INDE-
 PENDENT PROGRAM MANAGER, CONSTRUCTION MANAGERS,  ARCHITECTS,  ENGINEERS,
 FINANCIAL EXPERTS, AND DELIVERY COMPLIANCE SERVICES THROUGH SUCH BOARD'S
 STANDARD  REQUEST FOR PROPOSALS PROCESS USING THE BOARD AS THE APPROVING
 GOVERNING BODY INSTEAD OF THE COMPONENT SCHOOL DISTRICT BOARD OF  EDUCA-
 TION FOR SUCH CONTRACT AWARDS.
   1.  PRIOR  TO THE ISSUANCE OF A REQUEST FOR PROPOSALS PURSUANT TO THIS
 ARTICLE, THE NASSAU COUNTY BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES
 SHALL  PUBLISH  NOTICE OF SUCH ISSUANCE IN THE OFFICIAL NEWSPAPER OF THE
 COUNTY OR REGION, IF ANY, AND IN  AT  LEAST  ONE  NEWSPAPER  OF  GENERAL
 CIRCULATION.  CONCURRENT  WITH  THE  PUBLICATION OF SUCH NOTICE, A DRAFT
 REQUEST FOR PROPOSALS SHALL BE FILED WITH THE BOARD.  AFTER  ALLOWING  A
 THIRTY  DAY  COMMENT  PERIOD  AND  AN ADDITIONAL TEN DAYS TO REVIEW SUCH
 COMMENTS, THE BOARD MAY PUBLISH THE  FINAL  REQUEST  FOR  PROPOSALS  AND
 CONCURRENT  WITH  SUCH PUBLICATION SHALL PUBLISH NOTICE OF SUCH ISSUANCE
 IN THE MANNER SPECIFIED IN THIS SUBDIVISION. CONCURRENT WITH THE  PUBLI-
 CATION  OF  THE  FINAL REQUEST FOR PROPOSALS, A SET OF COMMENTS FILED IN
 RELATION TO THE DRAFT REQUEST FOR PROPOSALS AND FINDINGS RELATED TO  THE
 SUBSTANTIVE  ELEMENTS  OF  SUCH  COMMENTS  SHALL BE FILED ALONG WITH THE
 REQUEST FOR PROPOSALS WITH THE  BOARD  AND  IN  THE  PUBLIC  LIBRARY  OR
 LIBRARIES IN PROXIMITY TO THE PROPOSED PROJECT.
   2.  THE  BOARD  MAY  REQUIRE  A  CONTRACTOR AWARDED A PUBLIC CONTRACT,
 SUBCONTRACT OR OTHER AGREEMENT FOR A PROJECT TO  ENTER  INTO  A  PROJECT
 LABOR  AGREEMENT DURING AND FOR THE WORK INVOLVED WITH SUCH PROJECT WHEN
 SUCH REQUIREMENT IS PART OF THE BOARD'S SPECIFICATIONS FOR  THE  PROJECT
 AND WHEN THE BOARD DETERMINES THAT THE RECORD SUPPORTING THE DECISION TO
 ENTER  INTO  SUCH  AN  AGREEMENT ESTABLISHES THAT IT IS JUSTIFIED BY THE
 INTERESTS UNDERLYING THE COMPETITIVE BIDDING LAWS.
   3. EVERY CONTRACT ENTERED INTO  BY  THE  BOARD  FOR  A  PROJECT  SHALL
 CONTAIN  A PROVISION THAT THE DESIGN OF SUCH PROJECT SHALL BE SUBJECT TO
 THE REVIEW AND APPROVAL OF THE SCHOOL DISTRICT  AND  THE  NASSAU  COUNTY
 BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES ENGINEER AND THAT THE DESIGN
 AND CONSTRUCTION STANDARDS OF SUCH  PROJECT  SHALL  BE  FILED  WITH  THE
 COMMISSIONER. IN ADDITION, EVERY SUCH CONTRACT 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 ARTICLE AND A PERFORMANCE BOND FOR
 THE FAITHFUL PERFORMANCE OF THE PROJECT,  WHICH  SHALL  CONFORM  TO  THE
 PROVISIONS  OF SECTION ONE HUNDRED THREE-F OF THE GENERAL MUNICIPAL LAW,
 AND THAT A COPY OF SUCH PERFORMANCE AND PAYMENT BONDS SHALL BE  KEPT  BY
 NASSAU  COUNTY  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES AND SHALL BE
 OPEN TO PUBLIC INSPECTION.
   § 5. This act shall take effect immediately and shall expire  July  1,
 2026  when  upon  such  date  the provisions of this act shall be deemed
 repealed.