S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2629--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sens.  MAY,  COONEY,  MANNION  -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion  --  committee  discharged,  bill  amended,  ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the education law, in relation  to  enacting  the  "safe
   schools by design act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "safe schools by design act".
   §  2.  The  opening  paragraph of subdivision 6 of section 3602 of the
 education law, as amended by chapter 355 of the laws of 2016, is amended
 to read as follows:
   Any apportionment to a school district pursuant  to  this  subdivision
 shall  be based upon base year approved expenditures for capital outlays
 incurred prior to July first, two thousand one from  its  general  fund,
 capital  fund  or  reserved funds and current year approved expenditures
 for debt service, including  debt  service  for  refunding  bond  issues
 eligible  for  an apportionment pursuant to paragraph g of this subdivi-
 sion and lease or other annual payments to the New York city educational
 construction fund created by article ten of this chapter or the city  of
 Yonkers  educational  construction fund created by article ten-B of this
 chapter which have been pledged to secure the payment of bonds, notes or
 other obligations issued by the fund to finance the construction, acqui-
 sition, reconstruction, rehabilitation  or  improvement  of  the  school
 portion  of  combined occupancy structures, or for lease or other annual
 payments to the New York state urban development corporation created  by
 chapter  one hundred seventy-four of the laws of nineteen hundred sixty-
 eight, pursuant to agreement  between  such  school  district  and  such
 corporation  relating  to the construction, acquisition, reconstruction,
 rehabilitation or improvement of any  school  building,  or  for  annual

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00492-03-3
              

 S. 2629--A                          2
 
 payments  to  the dormitory authority pursuant to any lease, sublease or
 other agreement relating to  the  financing,  refinancing,  acquisition,
 design,   construction,   reconstruction,  rehabilitation,  improvement,
 furnishing  and  equipping  of, or otherwise provide for school district
 capital facilities or school district capital equipment made  under  the
 provisions  of  section sixteen hundred eighty of the public authorities
 law, or for annual payments pursuant to any  lease,  sublease  or  other
 agreement  relating  to the financing, refinancing, acquisition, design,
 construction, reconstruction,  rehabilitation,  improvement,  furnishing
 and equipping of, or otherwise providing for educational facilities of a
 city  school district under the provisions of section sixteen of chapter
 six hundred five of the laws of two thousand, or for payments,  pursuant
 to  any  assignment  authorized  by section twenty-seven hundred ninety-
 nine-tt of the public authorities law, of debt service in furtherance of
 funding the five-year educational facilities capital plan of the city of
 New York school district or related debt service costs and  expenses  as
 set  forth  in  such section, for annual payments pursuant to any lease,
 sublease or other agreement  relating  to  the  financing,  refinancing,
 design,  reconstruction,  rehabilitation,  improvement,  furnishing  and
 equipping of, or otherwise providing for projects authorized pursuant to
 the city of Syracuse and the board  of  education  of  the  city  school
 district  of the city of Syracuse cooperative school reconstruction act,
 for annual payments pursuant to any lease, sublease or  other  agreement
 relating to the financing, refinancing, design, reconstruction, rehabil-
 itation,  improvement, furnishing and equipping of, or otherwise provid-
 ing for projects authorized pursuant to the city of  Rochester  and  the
 board  of education of the city school district of the city of Rochester
 school facilities modernization program act, for annual payments  pursu-
 ant to any lease, sublease or other agreement relating to the financing,
 refinancing,   design,   construction,  reconstruction,  rehabilitation,
 improvement, furnishing and equipping of,  or  otherwise  providing  for
 projects authorized pursuant to the Yonkers city school district facili-
 ties  modernization  program  act, or for lease, lease-purchase or other
 annual payments to another school district  or  person,  partnership  or
 corporation  pursuant  to  an  agreement  made  under  the provisions of
 section four hundred three-b, subdivision eight of  section  twenty-five
 hundred  three, or subdivision six of section twenty-five hundred fifty-
 four of this chapter, provided that the apportionment for such lease  or
 other  annual  payments  under  the  provisions  of section four hundred
 three-b, subdivision eight of  section  twenty-five  hundred  three,  or
 subdivision  six of section twenty-five hundred fifty-four of this chap-
 ter, other than payments under a lease-purchase agreement or  an  equiv-
 alent  agreement,  shall  be  based  upon  approved  expenditures in the
 current year. Approved expenditures for capital outlays  from  a  school
 district's  general  fund,  capital  fund  or  reserved  funds  that are
 incurred on or after July first, two thousand two, and are  not  aidable
 pursuant  to subdivision six-f of this section, shall be aidable as debt
 service under an assumed amortization established pursuant to paragraphs
 e and j of this subdivision. In  any  such  case  approved  expenditures
 shall be only for new construction, reconstruction, purchase of existing
 structures,  for  site  purchase  and  improvement, for new garages, for
 original  equipment,  furnishings,  machinery,  or  apparatus,  and  for
 professional  fees  and  other  costs incidental to such construction or
 reconstruction, or purchase of existing structures. In  the  case  of  a
 lease  or  lease-purchase  agreement  entered  pursuant  to section four
 hundred three-b, subdivision eight of section twenty-five hundred  three
 S. 2629--A                          3
 
 or  subdivision  six  of  section twenty-five hundred fifty-four of this
 chapter, approved expenditures for the lease or  other  annual  payments
 shall  not include the costs of heat, electricity, water or other utili-
 ties or the costs of operation or maintenance of the leased facility. An
 apportionment  shall  be  available  pursuant  to  this  subdivision for
 construction, reconstruction, rehabilitation or improvement in a  build-
 ing,  or  portion thereof, being leased by a school district only if the
 lease is for a term of at least ten years subsequent to the date of  the
 general  construction  contract  for  such construction, reconstruction,
 rehabilitation or improvement. Each school district shall prepare a five
 year capital facilities plan, pursuant to regulations developed  by  the
 commissioner  for  such  purpose,  provided  that  in the case of a city
 school district in a city having a population of one million inhabitants
 or more, such facilities  plan  shall  comply  with  the  provisions  of
 section  twenty-five  hundred ninety-p of this chapter and this subdivi-
 sion. Such plan shall include, but not be limited to, a building  inven-
 tory,  and  estimated  expense  of facility needs, for new construction,
 additions, alterations, reconstruction, major repairs,  energy  consump-
 tion and maintenance by school building, as appropriate. SUCH PLAN SHALL
 CONSIDER THE INCORPORATION OF DESIGN PRINCIPLES AND STRATEGIES, PURSUANT
 TO  GUIDANCE  ISSUED  BY  THE  COMMISSIONER,  AS PART OF A COMPREHENSIVE
 APPROACH TO PROVIDE A SAFE, SECURE AND HEALTHY SCHOOL ENVIRONMENT.  Such
 five year plan shall include a priority ranking of projects and shall be
 amended if necessary to reflect subsequent on-site evaluations of facil-
 ities conducted by state supported contractors.
   §  3.  Paragraph  a  of subdivision 1 of section 2814 of the education
 law, as added by chapter 181 of the laws of 2000, is amended to read  as
 follows:
   a. School safety activities. Programs eligible for funding pursuant to
 this  section  may  include,  but  not be limited to: (i) safe corridors
 programs; (ii) diversity programs;  (iii)  collaborative  school  safety
 programs with law enforcement agencies or community-based organizations;
 (iv)  metal  detectors,  intercom  and  other intra-school communication
 devices and other devices to increase school security and the safety  of
 school personnel and students; (v) PROGRAMS WHICH FACILITATE AND PROMOTE
 COMMUNITY  INVOLVEMENT  IN  SCHOOL  FACILITY  PLANNING;  AND  (VI) other
 programs  including  comprehensive  school-based  intervention   models,
 approved  by  the  commissioner, that reduce violence and improve school
 safety.  Comprehensive school based intervention models shall coordinate
 with and collaborate with other services currently being provided in the
 school district, incorporate appropriate school violence prevention  and
 intervention  services,  and  coordinate  appropriate funding sources to
 ensure the efficient delivery of services.  Such  comprehensive  school-
 based intervention models shall also include provisions for the involve-
 ment  of teachers, parents, school administrators in the development and
 implementation of the program, a detailed statement identifying specific
 performance goals, a proposed timetable for implementation and  achieve-
 ment of such goals and specific assessment methods which will be used to
 measure student and school progress.
   §  4.  This  act shall take effect eighteen months after it shall have
 become a law. Effective immediately,  the  addition,  amendment,  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.