S T A T E O F N E W Y O R K
________________________________________________________________________
4437
2023-2024 Regular Sessions
I N S E N A T E
February 8, 2023
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to the apportionment of
moneys for capital outlays and debt service for school building
purposes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "rebuild
our schools act".
§ 2. Subparagraph 2 of paragraph c of subdivision 6 of section 3602 of
the education law is amended by adding a new clause (d) to read as
follows:
(D) FOR AID PAYABLE IN THE SCHOOL YEARS TWO THOUSAND TWENTY-THREE--TWO
THOUSAND TWENTY-FOUR AND THEREAFTER FOR SCHOOL BUILDING PROJECTS TO
REMEDY CAPACITY SHORTAGES OF HIGH-NEED SCHOOL DISTRICTS, AS DEFINED
PURSUANT TO REGULATIONS OF THE COMMISSIONER IN CLAUSE (C) OF THIS
SUBPARAGRAPH AND ARE LOCATED IN A COUNTY WITH A POPULATION OF MORE THAN
NINE HUNDRED FORTY THOUSAND AND LESS THAN ONE MILLION INHABITANTS
ACCORDING TO THE TWO THOUSAND TEN FEDERAL CENSUS, AS APPROVED BY THE
VOTERS OF SUCH SCHOOL DISTRICT OR BY SUCH BOARD OF EDUCATION OF A CITY
SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU-
SAND INHABITANTS, ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-ONE, MAY
COMPUTE AID UNDER THE PROVISIONS OF THIS SUBDIVISION USING THE HIGH-NEED
SECONDARY SUPPLEMENTAL BUILDING AID RATIO, WHICH SHALL BE THE LESSER OF:
(A) THE PRODUCT, COMPUTED TO THREE DECIMALS WITHOUT ROUNDING, OF THE
GREATER OF THE BUILDING AID RATIOS COMPUTED PURSUANT TO SUBCLAUSES (I),
(II) AND (III) OF CLAUSE (B) OF THIS SUBPARAGRAPH MULTIPLIED BY TEN
PERCENT; OR (B) THE POSITIVE REMAINDER OF NINETY-EIGHT ONE-HUNDREDTHS
LESS THE GREATER OF THE BUILDING AID RATIOS COMPUTED PURSUANT TO
SUBCLAUSES (I), (II) AND (III) OF CLAUSE (B) OF THIS SUBPARAGRAPH.
SCHOOL BUILDING PROJECTS ELIGIBLE FOR AID PURSUANT TO THIS CLAUSE SHALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01648-01-3
S. 4437 2
INCLUDE PROJECTS TO ADDRESS CAPACITY SHORTAGES OF AT LEAST TEN PERCENT
OF THE CALCULATED CAPACITY OF THE DISTRICT OR AT LEAST TEN PERCENT OF
THE CALCULATED CAPACITY OF ELEMENTARY OR SECONDARY SCHOOLS OF THE
DISTRICT, AS DETERMINED BY THE COMMISSIONER.
§ 3. This act shall take effect immediately.