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SECTION 2590-P
Educational facilities capital plan
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 52-A
³ 2590-p. Educational facilities capital plan. 1. In accordance with
subdivision three of this section, the chancellor shall prepare proposed
five-year educational facilities capital plans. Each such plan shall
describe each program element proposed in the plan, and shall set forth
an estimate of the cost of each program element, an estimate of the
capital funding required each year and the expected sources of such
funding. The plan shall also set forth an estimate of the cost of each
project identified in the plan, shall assign priorities to the projects
included therein and shall state the year in which each such project's
design and construction is proposed to be initiated and estimated to be
completed. In preparing the plan and each project contained therein, the
chancellor shall factor and account for the effect of data provided by
the office of city planning, the department of buildings, the department
of housing preservation and development and the department of health and
mental hygiene pursuant to subdivisions thirteen-a, thirteen-b,
thirteen-c, and thirteen-d of section seventeen hundred twenty-eight of
the public authorities law.

2. Program elements shall mean the following categories of work and,
with respect to each such category, the plan shall include the following
information:

a. New construction: The plan shall identify the type, approximate
size in terms of gross square footage and student capacity and
approximate location of each proposed new educational facility, and if
the construction of such new facility is to result in the closing or
replacement of an existing educational facility or facilities, the plan
shall identify each such facility to be closed or replaced.

b. Building additions: The plan shall identify each educational
facility for which a building addition is proposed and describe the
nature, purpose and approximate size of such addition.

c. Major modernization and rehabilitation: The plan shall identify
each educational facility at which a rehabilitation or major
modernization is to be performed, describe the general scope of such
work at each such facility and describe the nature and estimated cost of
the arrangements proposed in order to accommodate any students who will
be temporarily displaced as a result of the work.

d. Athletic fields, playgrounds and pools: The plan shall identify
each educational facility at which an athletic field, playground or pool
is to be constructed or at which an existing athletic field, playground
or pool is to be the subject of a major repair or rehabilitation.

e. System replacements: The plan shall identify (i) each particular
system to be replaced, in part or in its entirety, including electrical,
plumbing, boilers, elevators, heating, ventilation and air conditioning,
roof replacement, window replacement, kitchens and warming pantries,
lighting, exterior masonry and painting and plaster, (ii) the general
standards to be adopted for such replacement systems and (iii) the
number, and to the extent ascertainable, the identity of educational
facilities in each borough at which each such system replacement is to
be performed.

f. Security: The plan shall describe the nature of security devices
and systems proposed to be installed at educational facilities and the
number, and to the extent ascertainable, the identity of facilities in
each borough at which such a security system is to be installed.

g. Educational enhancements: The plan shall describe programs for the
redesign and reconfiguration of space within educational facilities in
order to enhance educational activities therein, including the
installation of wiring or other facilities to permit or facilitate the
use of computers or other educational devices and equipment and shall
identify the number, and to the extent ascertainable, the identity of
educational facilities in each borough at which such educational
enhancement programs shall be undertaken.

h. Emergency, unspecified and miscellaneous: The plan shall include an
estimate of the funding requirements to perform emergency projects,
unspecified projects and miscellaneous capital activities; provided,
however, that the cost of such program element shall not exceed five
percent of the total estimated cost of the five-year capital plan.

* 3. a. No later than January sixth, nineteen hundred eighty-nine, the
chancellor shall, in conjunction with the submission of the educational
facilities master plan required by section twenty-five hundred ninety-o
of this chapter, submit the initial proposed five-year educational
facilities capital plan to each community district education council,
which shall conduct a public hearing on both the educational facilities
master plan and the five-year educational facilities capital plan and
shall prepare and submit recommendations to the chancellor on or before
February twentieth, nineteen hundred eighty-nine with respect to matters
in the plans that involve that school district. The chancellor shall
consider the recommendations received from the community district
education councils on both the proposed educational facilities master
plan and the proposed five-year educational facilities capital plan,
and, on or before March eighth, nineteen hundred eighty-nine, shall
submit a final proposed five-year educational facilities capital plan to
the city board for its approval. On or before March twenty-second,
nineteen hundred eighty-nine, the city board shall approve the five-year
educational facilities capital plan submitted by the chancellor or such
plan as is determined by the city board, which shall take effect on July
first, nineteen hundred eighty-nine.

b. Commencing on November first, nineteen hundred ninety-three, and
every five years thereafter, the chancellor shall submit a proposed
five-year educational facilities capital plan to take effect on the
succeeding July first to each community school district education
council, which shall conduct a public hearing and shall prepare and
submit recommendations to the chancellor on or before January first of
the ensuing year with respect to matters in the plan that involve that
school district. Upon submission of such recommendations to the
chancellor, the board shall make public, pursuant to this paragraph:

(i) a summary of the issues raised at such hearing;

(ii) a statement of the reasons why any significant alternative
recommendations at such hearing were or were not incorporated into the
final plan; and

(iii) a description of any changes made to the proposed plan as a
result of the issues raised at such hearing.

The chancellor shall consider the recommendations received from the
community district education councils, and, on or before February first
of such year, shall submit a final proposed five-year educational
facilities capital plan to the city board for its approval pursuant to
paragraph (d) of subdivision one of section twenty-five hundred ninety-g
of this article.

* NB Effective until June 30, 2026

* 3. a. No later than January sixth, nineteen hundred eighty-nine, the
chancellor shall, in conjunction with the submission of the educational
facilities master plan required by section twenty-five hundred ninety-o
of this chapter, submit the initial proposed five-year educational
facilities capital plan to each community school board, which shall
conduct a public hearing on both the educational facilities master plan
and the five-year educational facilities capital plan and shall prepare
and submit recommendations to the chancellor on or before February
twentieth, nineteen hundred eighty-nine with respect to matters in the
plans that involve that school district. The chancellor shall consider
the recommendations received from the community school boards on both
the proposed educational facilities master plan and the proposed
five-year educational facilities capital plan, and, on or before March
eighth, nineteen hundred eighty-nine, shall submit a final proposed
five-year educational facilities capital plan to the city board for its
approval. On or before March twenty-second, nineteen hundred
eighty-nine, the city board shall approve the five-year educational
facilities capital plan submitted by the chancellor or such plan as is
determined by the city board, which shall take effect on July first,
nineteen hundred eighty-nine.

b. Commencing on November first, nineteen hundred ninety-three, and
every five years thereafter, the chancellor shall submit a proposed
five-year educational facilities capital plan to take effect on the
succeeding July first to each community school district education
council, which shall conduct a public hearing and shall prepare and
submit recommendations to the chancellor on or before January first of
the ensuing year with respect to matters in the plan that involve that
school district. The chancellor shall consider the recommendations
received from the community school district education council, and, on
or before February first of such year, shall submit a final proposed
five-year educational facilities capital plan to the city board for its
approval. On or before March first of such year, the city board shall
approve the five-year educational facilities capital plan submitted by
the chancellor or such plan as is determined by the city board. Upon
submission of such recommendations to the chancellor, the board shall
make public, pursuant to this paragraph:

(i) a summary of the issues raised at such hearing;

(ii) a statement of the reasons why any significant alternative
recommendations at such hearing were or were not incorporated into the
final plan; and

(iii) a description of any changes made to the proposed plan as a
result of the issues raised at such hearing.

* NB Effective June 30, 2026

* 4. Following approval by the city board of a five-year educational
facilities capital plan, the chancellor shall submit such plan to the
mayor and the council of the city of New York for their approval. After
consultation with the chancellor and the city board, the mayor shall
include in the city's executive capital budget for the fiscal year in
which the five-year plan is to commence an appropriation for educational
facilities in an amount he or she recommends as sufficient to provide
for the funding of a five-year capital program for the city board and
shall specify amounts for each fiscal year within such five year period.
Such five-year appropriation, which shall specify the annual amounts for
each fiscal year to be made available, shall be subject to adoption,
veto, and, except as hereinafter provided, amendment in accordance with
the procedures set forth in the charter of the city of New York. Upon
adoption of a five-year appropriation pursuant to such process, the
capital program of the city board shall, if the amount so appropriated
differs from the cost estimated in the plan approved by the city board,
be amended to reflect the funding so provided. No reduction shall
thereafter be made by the city in the amount of such appropriation until
completion of the plan, unless (i) the chancellor with the approval of
the city board shall so recommend or (ii) a general, across-the-board
reduction is made in the city's capital appropriations in order to
accommodate an unforeseen reduction in the availability of city capital
funds. In the event the chancellor with the approval of the city board
so recommends or such a reduction is made, the appropriation may be
reduced in accordance with such recommendation or proportionately to the
reduction in the city's general capital appropriations. In the event the
chancellor with the approval of the city board requests additional
appropriations from such city during the five-year period of the then
effective plan, the chancellor shall specify the needs to be met by such
additional appropriations. The city may appropriate an additional amount
for the five-year educational facilities capital plan; provided that in
no event shall such an additional appropriation be conditioned upon a
reduction or alteration of the five-year plan then in effect. The
authority may not spend more in any fiscal year of the capital program
than the amount specified in the five-year city appropriation therefor,
as amended from time to time; provided that any amounts not expended
during a fiscal year may be expended in any succeeding fiscal year; and
provided further that the mayor may authorize funds to be expended at a
rate faster than the amounts so specified, within the balance of the
five-year appropriation available therefor.

* NB Effective until June 30, 2026

* 4. Following approval by the city board of a five-year educational
facilities capital plan, the chancellor shall transmit such plan to the
mayor and the council of the city of New York. After consultation with
the chancellor and the city board, the mayor shall include in the city's
executive capital budget for the fiscal year in which the five-year plan
is to commence an appropriation for educational facilities in an amount
he recommends as sufficient to provide for the funding of a five-year
capital program for the city board and shall specify amounts for each
fiscal year within such five year period. Such five-year appropriation,
which shall specify the annual amounts for each fiscal year to be made
available, shall be subject to adoption, veto and, except as hereinafter
provided, amendment in accordance with the procedures set forth in the
charter of the city of New York. Upon adoption of a five-year
appropriation pursuant to such process, the capital program of the city
board shall, if the amount so appropriated differs from the cost
estimated in the plan approved by the city board, be amended to reflect
the funding so provided. No reduction shall thereafter be made by the
city in the amount of such appropriation until completion of the plan
unless (i) the city board shall so recommend or (ii) a general,
across-the-board reduction is made in the city's capital appropriations
in order to accommodate an unforeseen reduction in the availability of
city capital funds. In the event the city board so recommends or such a
reduction is made, the appropriation may be reduced in accordance with
such recommendation or proportionately to the reduction in the city's
general capital appropriations. In the event the city board requests
additional appropriations from such city during the five-year period of
the then effective plan, the city board shall specify the needs to be
met by such additional appropriations. The city may appropriate
additional amount for the five-year educational facilities capital plan,
provided that in no event shall such an additional appropriation be
conditioned upon a reduction or alteration of the five-year plan then in
effect. The authority may not spend more in any fiscal year of the
capital program than the amount specified in the five-year city
appropriation therefor, as amended from time to time; provided that any
amounts not expended during a fiscal year may be expended in any
succeeding fiscal year, and provided further that the mayor may
authorize funds to be expended at a rate faster than the amounts so
specified, within the balance of the five-year appropriation available
therefor.

* NB Effective June 30, 2026

5. * a. The chancellor may in his or her discretion submit amendments
to an approved five-year educational facilities capital plan to the city
board, mayor, and city council for their approval.

* NB Effective until June 30, 2026

* a. The chancellor may in his discretion submit amendments to an
approved five-year educational facilities capital plan to the city board
for its approval.

* NB Effective June 30, 2026

b. The chancellor shall submit such amendments in the event (i) the
estimated cost of any program element shall increase by more than ten
percent from the estimate contained in the plan, (ii) a project will not
be commenced within six months from the date set forth in the plan,
(iii) a project to be performed at an identified educational facility is
proposed to be performed at a different educational facility or (iv) a
project not identified in the plan, other than projects to be performed
pursuant to paragraph h of subdivision two of this section, is proposed
to be initiated.

c. In the event the city shall appropriate an amount less than the
amount proposed to be funded by the city in the then approved five-year
educational facilities capital plan, or in the event an appropriation
shall be reduced below such level as provided in subdivision four of
this section, the chancellor shall prepare and submit to the city board
for its approval an amendment to such plan to reflect the reduced amount
of funding from the city.

d. If the effect of any plan amendment would require an additional
appropriation by the city, no such amendment shall be implemented unless
and until the city shall make such additional appropriation.

e. Amendments submitted by the chancellor as described in paragraph c
and in clauses (iii) and (iv) of paragraph b of this subdivision shall
also be submitted to each affected community school board, which may
conduct a public hearing and prepare and submit recommendations to the
city board within forty-five days of such submission.

6. a. For each project included in an approved five-year educational
facilities capital plan, the chancellor shall develop a detailed scope
of the project, which shall include the following: (i) the purposes and
public to be served, (ii) the programs to be conducted in the facility,
(iii) the gross amounts of space and bulk for any building or structure,
(iv) identification of the intent to use architectural, engineering or
other consultant services and estimated fees for such consultant
services, (v) the schedule of design and construction, (vi) the total
estimated project costs, including costs for site acquisition,
preparation and tenant relocation, design, construction and equipment,
(vii) maximum estimated expenditures for the project for each fiscal
year until its completion, (viii) costs associated with maintenance and
operation of the physical plant, (ix) how the data provided by the
office of city planning, the department of buildings, the department of
housing preservation and development and the department of health and
mental hygiene pursuant to subdivisions thirteen-a, thirteen-b,
thirteen-c, and thirteen-d of section seventeen hundred twenty-eight of
the public authorities law is factored and accounted for, and (x) such
other information as the chancellor shall specify. In the event, a
project consists of a program element without identification of the
particular education facility at which such project is to be performed,
the detailed scope of the project shall specify the nature of the work
to be performed, applicable price and quality standards, a list of the
schools eligible for such work, annual performance targets and the total
estimated costs of such project during each fiscal year until its
completion.

b. The chancellor may request the New York city school construction
authority, and the authority shall be authorized, to develop preliminary
plans for each project, to assist the chancellor in the development of
the detailed scope of project, to proceed with site acquisition for such
project and to assist in responding to emergency projects undertaken
pursuant of paragraph h of subdivision two of this section. The
authority may expend moneys for such purposes for projects to be funded
pursuant to subdivision four of this section in such amounts as are
consistent with the city capital budget appropriation therefor.

* c. The chancellor shall prepare preliminary scopes (i) for each
project contained within the program elements defined in paragraphs a
and b of subdivision two of this section and, where appropriate,
paragraph g of subdivision two of this section, (ii) for each major
modernization project contained in paragraph c of such subdivision two,
and (iii) for each new construction project contained in paragraph d of
such subdivision two, and shall transmit such preliminary scopes to the
affected community district education councils. The community district
education council may hold hearings on such scope; provided, however,
that the community district education council must submit any comments
to the chancellor no later than thirty days following the date of
submission. The chancellor shall consider the comments in preparing the
scope that he or she will submit to the director of management and
budget of the city pursuant to paragraph d of this subdivision.

* NB Effective until June 30, 2026

* c. The chancellor shall prepare preliminary scopes (i) for each
project contained within the program elements defined in paragraphs a
and b of subdivision two of this section and, where appropriate,
paragraph g of subdivision two of this section, (ii) for each major
modernization project contained in paragraph c of such subdivision two,
and (iii) for each new construction project contained in paragraph d of
such subdivision two, and shall transmit such preliminary scopes to the
affected community school boards. The community school board may hold
hearings on such scope, provided, however, that the community school
board must submit any comments to the chancellor no later than thirty
days following the date of submission. The chancellor shall consider the
comments in preparing the scope that he will submit to the director of
management and budget of the city pursuant to paragraph d of this
subdivision.

* NB Effective June 30, 2026

* d. For projects to be funded pursuant to subdivision four of this
section, the chancellor shall transmit the detailed scope of each such
project to the director of management and budget of the city for
approval.

(i) Except as provided in paragraph b of this subdivision, no expenses
shall be incurred by the city board or the authority for any such
project prior to approval of the detailed scope of any such project.

(ii) No detailed scope of project shall be approved unless the total
estimated costs of such project, together with the aggregate estimated
costs of all projects for which a detailed scope has theretofore been
approved, are within city capital budget appropriations available
therefor. A detailed scope of project that is not disapproved by the
director of management and budget within thirty days of its submission
shall be deemed approved. To the extent the director disapproves all or
part of a scope, he or she shall set forth in writing the reasons
therefor.

(iii) Upon approval of the detailed scope of project, the chancellor
shall refer such project to the New York city school construction
authority for implementation in accordance with an agreement between the
authority and the city board and shall transmit the approved project
scope to the comptroller, whereupon the total estimated costs of such
project as set forth in such approved project scope shall be available
for expenditure.

(iv) Approval of the director of management and budget shall be
required for any material change in the approved detailed scope of
project or for any increase in the total cost of such project in excess
of any reserve provided in the approved detailed scope of project. Such
approval shall be given or deemed given in the manner provided herein.

(v) The provisions of this paragraph shall not apply to emergency
projects undertaken pursuant to paragraph h of subdivision two of this
section, the estimated costs of which, together with the costs of other
projects undertaken pursuant to said paragraph h, does not exceed the
amount set forth in the educational facilities capital plan for
activities pursuant to paragraph h of subdivision two of this section.

* NB Effective until June 30, 2026

* d. For projects to be funded pursuant to subdivision four of this
section, the chancellor shall transmit the detailed scope of each such
project to the director of management and budget of the city for
approval.

(i) Except as provided in paragraph b of this subdivision, no expenses
shall be incurred by the city board or the authority for any such
project prior to approval of the detailed scope of any such project.

(ii) No detailed scope of project shall be approved unless the total
estimated costs of such project, together with the aggregate estimated
costs of all projects for which a detailed scope has theretofore been
approved, are within city capital budget appropriations available
therefor. A detailed scope of project that is not disapproved by the
director of management and budget within thirty days of its submission
shall be deemed approved. To the extent the director disapproves all or
part of a scope, he shall set forth in writing the reasons therefor.

(iii) Upon approval of the detailed scope of project, the chancellor
shall refer such project to the New York city school construction
authority for implementation in accordance with an agreement between the
authority and the city board and shall transmit the approved project
scope to the comptroller whereupon the total estimated costs of such
project as set forth in such approved project scope shall be available
for expenditure.

(iv) Approval of the director of management and budget shall be
required for any material change in the approved detailed scope of
project or for any increase in the total cost of such project in excess
of any reserve provided in the approved detailed scope of project. Such
approval shall be given or deemed given in the manner provided herein.

(v) The provisions of this paragraph shall not apply to emergency
projects undertaken pursuant to paragraph h of subdivision two of this
section, the estimated costs of which, together with the costs of other
projects undertaken pursuant to said paragraph h, does not exceed the
amount set forth in the educational facilities capital plan for
activities pursuant to paragraph h of subdivision two of this section.

* NB Effective June 30, 2026

e. For projects contained within a five-year educational facilities
capital plan and not funded in whole or in part by the city, the
chancellor shall refer such projects to the New York city school
construction authority for implementation in accordance with any
agreement between the authority and the city board.

* f. The chancellor and the president of the New York city school
construction authority, shall notify the mayor of the amount of
appropriated funds projected to be spent for (i) development of detailed
scopes, (ii) development of preliminary plans, (iii) site acquisition
and (iv) emergencies, and the mayor shall thereupon authorize the
issuance of bonds therefor in accordance with the local finance law and
shall notify the city comptroller of his or her authorization to expend
such amounts for such purposes. Such notice shall be given or amended at
least ten days prior to any expenditure included therein; provided that
the chancellor, the president of the authority and the mayor shall
develop procedures to expedite authorization of emergency expenditures.
Neither the city board nor the authority shall expend funds for such
purposes in excess of the amounts specified in such notice until the
chancellor shall have amended such notice to reflect such excess. Upon
approval of the detailed scope of a project, the mayor shall authorize
the issuance of bonds therefor in accordance with the local finance law
and shall notify the city comptroller of his or her authorization to
expend appropriated funds for the entire estimated cost of such project.

* NB Effective until June 30, 2026

* f. The chancellor and the president of the New York city school
construction authority shall notify the mayor of the amount of
appropriated funds projected to be spent for (i) development of detailed
scopes, (ii) development of preliminary plans, (iii) site acquisition
and (iv) emergencies, and the mayor shall thereupon authorize the
issuance of bonds therefor in accordance with the local finance law and
shall notify the city comptroller of his authorization to expend such
amounts for such purposes. Such notice shall be given or amended at
least ten days prior to any expenditure included therein; provided that
the chancellor, the president of the authority and the mayor shall
develop procedures to expedite authorization of emergency expenditures.
Neither the city board nor the authority shall expend funds for such
purposes in excess of the amounts specified in such notice until the
chancellor shall have amended such notice to reflect such excess. Upon
approval of the detailed scope of a project, the mayor shall authorize
the issuance of bonds therefor in accordance with the local finance law
and shall notify the city comptroller of his authorization to expend
appropriated funds for the entire estimated cost of such project.

* NB Effective June 30, 2026

7. The provisions of subdivision a of section two hundred fourteen of
the charter of the city of New York shall not apply to a proposed
five-year appropriation made in accordance with subdivision four of this
section, and the provisions of subdivision b of section two hundred
seventeen of such charter shall apply only after the end of the fifth
year of a five-year appropriation made pursuant to such subdivision. To
the extent any other provision of chapter nine or ten of such charter is
inconsistent with the provisions of this section, the provisions of this
section shall govern.