S T A T E O F N E W Y O R K
________________________________________________________________________
8904--A
I N S E N A T E
January 14, 2026
___________
Introduced by Sens. MAYER, FAHY -- read twice and ordered printed, and
when printed to be committed to the Committee on Education -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the education law and the general municipal law, in
relation to certain lease terms for BOCES properties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (a) of paragraph p of subdivision 4 of section
1950 of the education law, as amended by chapter 374 of the laws of
2014, is amended to read as follows:
(a) To rent suitable land, classrooms, offices or buildings upon or in
which to maintain and conduct such cooperative educational services and
administrative offices for a period not to exceed [ten] TWENTY years
[for leases entered into with public entities and twenty years for leas-
es entered into with non-public entities] and to improve, alter, equip
and furnish such land, classrooms, offices or buildings in a suitable
manner for such purposes, provided that: (1) before executing any lease,
the board shall adopt a resolution determining that such agreement is in
the best financial interests of the supervisory district and stating the
basis of that determination; (2) the rental payment shall not be more
than the fair market value as determined by the board and provided to
the commissioner; (3) The board discloses any conflict of interest
pursuant to subparagraph (c) of this paragraph, or any other potential
or perceived conflict of interest, to the commissioner, and in the event
of a conflict of interest or a potential or perceived conflict of inter-
est, provides detailed documentation to the commissioner demonstrating
that the cost of the lease is not more than fair market value; and (4)
upon the consent of the commissioner, renewal of such lease may be made
for a period of up to ten years. Nothing contained herein shall prevent
the board from entering into a lease agreement which provides for the
cancellation of the same by such board upon: (i) a substantial increase
or decrease in pupil enrollment; or (ii) a substantial change in the
needs and requirements of a board of cooperative educational services
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14261-02-6
S. 8904--A 2
with respect to facilities; or (iii) any other change which substantial-
ly affects the needs or requirements of a board of cooperative educa-
tional services or the community in which it is located. No lease or
other contract for the occupancy of such land, classrooms, offices or
buildings shall be enforceable against the board of cooperative educa-
tional services unless and until the same shall have been approved in
writing by the commissioner. In the case of a lease longer than ten
years, the commissioner's written approval must include a finding that
the proposed lease complies with all requirements of this paragraph and
would be more cost-effective than a lease of ten years or fewer.
§ 2. Paragraph (b) of subdivision 1, and subdivisions 3 and 5 of
section 403-a of the education law, paragraph (b) of subdivision 1 as
amended and subdivision 5 as added by chapter 459 of the laws of 1979
and subdivision 3 as amended by chapter 460 of the laws of 1979, are
amended to read as follows:
(b) The term of the lease shall not exceed ten years, EXCEPT WHEN SUCH
LEASE IS ESTABLISHED IN ACCORDANCE WITH SUBPARAGRAPH (A) OF PARAGRAPH P
OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS CHAPTER,
SUCH LEASE TERM SHALL NOT EXCEED TWENTY YEARS.
3. The board of education or trustees of a school district are hereby
authorized to lease real property upon such terms and conditions as the
board of education or trustees may deem appropriate to any person, part-
nership or corporation such board of education or trustees shall have
determined who will provide the most benefit to the school district for
periods not to exceed ten years, PROVIDED HOWEVER THAT PROPERTY LEASED
IN ACCORDANCE WITH SUBPARAGRAPH (A) OF PARAGRAPH P OF SUBDIVISION FOUR
OF SECTION NINETEEN HUNDRED FIFTY OF THIS CHAPTER MAY EXCEED A PERIOD OF
TEN YEARS. Such leases may also be renewed for a period of up to ten
years upon the consent of the commissioner.
5. Notwithstanding the provisions of paragraph (b) of subdivision one
hereof the board of education or trustees of a school district are here-
by authorized to enter into a lease agreement in accordance with the
provisions of this section for a period in excess of ten years subject,
however, to voter approval by referendum. PROVIDED HOWEVER, LEASES
ESTABLISHED IN ACCORDANCE WITH SUBPARAGRAPH (A) OF PARAGRAPH P OF SUBDI-
VISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS CHAPTER MAY EXCEED
A PERIOD OF TEN YEARS WITHOUT VOTER APPROVAL BY REFERENDUM; SUCH LEASES
SHALL NOT EXCEED A PERIOD OF TWENTY YEARS.
§ 3. Subdivision (a) of section 72-h of the general municipal law, as
amended by chapter 562 of the laws of 1990, is amended to read as
follows:
(a) Notwithstanding any provision of any general, special or local law
or of any charter, the supervisors of a county, the town board of a
town, the board of trustees of a village, the board of fire commission-
ers of a fire district, the board of estimate of a city, or if there be
none the local legislative body of such city, and, in a city having a
population of one million or more, the mayor, subject to disapproval by
the council within thirty days following receipt of notice of the
approval of the mayor, may sell, transfer or lease to or exchange with
any municipal corporation or municipal corporations, school district,
board of cooperative educational services, fire district, the state of
New York, or the government of the United States and any agency or
department thereof, either without consideration or for such consider-
ation and upon such terms and conditions as shall be approved by such
officer or body, any real property owned by such county, town, village,
fire district or city; and any municipal corporation or fire district
S. 8904--A 3
may acquire or lease such real property as provided in this section. The
term of any lease entered into pursuant to the provisions of this
section shall not exceed ten years [but nothing], UNLESS THE LEASE IS
ESTABLISHED IN ACCORDANCE WITH SUBPARAGRAPH (A) OF PARAGRAPH P OF SUBDI-
VISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THE EDUCATION LAW IN
WHICH CASE, SUCH LEASE TERM SHALL NOT EXCEED TWENTY YEARS. NOTHING here-
in contained shall prevent the renewal of any such lease.
§ 4. This act shall take effect immediately; provided, however, that
the amendments to subparagraph (a) of paragraph p of subdivision 4 of
section 1950 of the education law made by section one of this act shall
not affect the expiration of such subparagraph and shall be deemed to
expire therewith.
