S T A T E   O F   N E W   Y O R K
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                                  7385--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 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
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 4, 5 and 6 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 and the third and fifth undesignated
 paragraphs of subdivision 6 as added by chapter 614 of the laws of 2021,
 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] SIX HUNDRED MILLION DOLLARS
 in phase three shall be authorized and undertaken pursuant to this  act,
 unless otherwise authorized 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10903-08-5
              

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 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,
 $435,000,000 in phase two,  and  [$475,000,000]  $600,000,000  in  phase
 three  for projects undertaken pursuant to this act shall not be consid-
 ered when determining the "city amount" required  pursuant  to  subpara-
 graph  (ii)  of  paragraph  a  of subdivision 5-b of section 2576 of the
 education law; provided, however, that this provision shall  not  other-
 wise  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) estimates on the design, reconstruction and  reha-
 bilitation  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 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 submitted in accordance with  subdivi-
 sion  6  of section 3602 of the education law and the regulations of the
 commissioner; and (f) a  diversity  plan  to  develop  diversity  goals,
 including appropriate community input and public discussion, and develop
 strategies that would create and coordinate any efforts to ensure a more
 diverse  workforce  for  the projects. The 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.
   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
 A. 7385--A                          3

 with  any  other  information  requested by the comptroller, for [his or
 her] SUCH COMPTROLLER'S 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] THEIR 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.
   Notwithstanding  any other provision of law to the contrary, the RJSCB
 shall submit estimated project costs for the projects authorized  pursu-
 ant  to  subdivisions  (b) and (c) of section four of this act on a form
 provided by the commissioner after the completion of schematic plans and
 specifications for review by the commissioner.  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  esti-
 mated  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 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-engineered  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] ESTI-
 MATED AIDABLE PROJECT COSTS for projects authorized pursuant to subdivi-
 sion (c) of section four of this act, based upon the sum  of  the  esti-
 mated  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
 A. 7385--A                          4
 
 [total estimated building aid payable] ESTIMATED AIDABLE  PROJECT  COSTS
 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-engi-
 neered 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  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 commissioner. 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 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 pursu-
 ant to subdivision (c) of section four of this act, if the [total  esti-
 mated building aid payable] ESTIMATED AIDABLE PROJECT COSTS 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
 fifty  percent  of  the plans and specifications for such projects until
 the projects have been redesigned or value-engineered  to  reduce  esti-
 mated 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] ESTIMATED AIDABLE PROJECT COSTS
 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-engi-
 neered to reduce estimated project costs so as not to exceed  this  cost
 limit.
   § 2. Subdivision (c) of section 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  modern-
 ization  program  act,  as  added by chapter 614 of the laws of 2021, is
 amended to read as follows:
   (c) On or before June 30, [2031] 2033, 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
 A. 7385--A                          5
 
 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.
   § 3. This act shall take effect immediately and  shall  apply  to  all
 contracts  entered  into,  renewed, modified or amended on or after such
 effective date.