NY State Senate Bill 2009-S60448

Senate Bill S60448

2009-2010 Legislative Session

Provides for the financing of additional projects for the rehabilitation and reconstruction of existing facilities in the city of Buffalo

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 28, 2009	referred to rules

2009-S60448 (ACTIVE) - Details

See other versions of this Bill:: S5920 ,; A8920 ,; S51109 ,; S65101 ,
Current Committee:: Senate Rules
Law Section:: Education
Laws Affected:: Amd §16, Chap 605 of 2000

2009-S60448 (ACTIVE) - Summary

Provides for the financing of additional projects for the rehabilitation and reconstruction of existing facilities in the city of Buffalo.

2009-S60448 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   448

                      Seventh Extraordinary Session

                            I N  S E N A T E

                              June 28, 2009
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Rules

AN ACT to amend chapter 605  of  the  laws  of  2000,  relating  to  the
  construction  of  new  educational  facilities,  the financing of such
  facilities, and the financing of the rehabilitation and reconstruction
  of existing facilities in the city of  Buffalo,  in  relation  to  the
  financing  of  additional  projects  for the rehabilitation and recon-
  struction of existing facilities in the city of Buffalo

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The  legislature hereby finds and
determines:
  The scope of projects to be financed in Phase  V  has  been  expressly
authorized  in  this  legislation  and is subject to the approval of the
commissioner of education. In addition, such  financing  may  result  in
certain  additional  project  funding  financing  costs  which  are  not
incurred in typical school district general obligation bond issues.
  S 2. Subdivisions (b) and (d) of section 16 of chapter 605 of the laws
of 2000, relating to the construction of new educational facilities, the
financing of such facilities, and the financing  of  the  rehabilitation
and  reconstruction  of  existing  facilities in the city of Buffalo, as
amended by chapter 492 of the laws of 2008, are amended  and  three  new
subdivisions (l), (m) and (n) are added to read as follows:
  (b)  A project for the renovation, rehabilitation or reconstruction of
an educational facility of the city school district that was either:
  (i) approved by the commissioner prior to February 1, 2003; or
  (ii) submitted to the commissioner and identified  as  project  number
0074-005,  project  number  7999-010,  project  number 0006-013, project
number 0033-008,  project  number  0037-007,  project  number  0039-011,
project   number  0069-011,  project  number  0082-004,  project  number

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14305-01-9

S. 448                              2

0090-006, project number  0091-011,  project  number  0094-012,  project
number  0095-012,  project  number  0192-007,  project  number 0200-011,
project  number  0304-011,  project  number  7999-011,  project   number
7999-012,  project number 7999-013, project number 0676-001, and project
number 2606-004; or
  (iii) submitted to the commissioner and identified as  project  number
0027-008,  project  number  0032-008,  project  number 0043-010, project
number 0045-007,  project  number  0076-007,  project  number  0195-027,
project   number  0205-014,  project  number  0206-013,  project  number
0301-012, project number 7999-014, and project number 7999-015; or
  (iv) submitted to the commissioner and identified  as  project  number
0003-010,  project  number  0017-008,  project  number 0054-006, project
number 0072-007,  project  number  0081-006,  project  number  0084-003,
project   number  0093-005,  project  number  0203-015,  project  number
0305-009, project number 0306-012, project number 7999-016, and  project
number 7999-017 may be financed through a special program agreement with
the  state  of  New  York  municipal  bond  bank  agency pursuant to the
provisions of section 2435-a of the public authorities law; OR
  (V) SUBMITTED TO THE COMMISSIONER AND  IDENTIFIED  AS  PROJECT  NUMBER
0018-004,  PROJECT  NUMBER  0053-007,  PROJECT  NUMBER 0059-007, PROJECT
NUMBER 0061-010,  PROJECT  NUMBER  0064-006,  PROJECT  NUMBER  0065-010,
PROJECT  NUMBER  0202-012,  PROJECT  NUMBER 7999-018, AND PROJECT NUMBER
7999-019 MAY BE FINANCED THROUGH A SPECIAL PROGRAM  AGREEMENT  WITH  THE
STATE  OF NEW YORK MUNICIPAL BOND BANK AGENCY PURSUANT TO THE PROVISIONS
OF SECTION 2435-A OF THE PUBLIC AUTHORITIES LAW.
  Provided, however, that no more than nine projects submitted  pursuant
to  paragraph  (i)  of  this  subdivision  and twenty projects submitted
pursuant to paragraph (ii)  of  this  subdivision  and  eleven  projects
submitted  pursuant  to  paragraph  (iii) of this subdivision and twelve
projects submitted pursuant to paragraph (iv) of  this  subdivision  AND
NINE  PROJECTS  SUBMITTED PURSUANT TO PARAGRAPH (V) OF THIS SUBDIVISION,
once approved for aid by the commissioner, may be financed  pursuant  to
this subdivision. It shall be the duty of the JSC board, the city school
district  and  the  city  to  compare  the  financing available for such
projects through the Erie  county  industrial  development  agency  with
financing  available  through  the state of New York municipal bond bank
agency, and to employ the financing mechanism that will  result  in  the
lowest  cost to the taxpayers of the city and the state. It shall be the
duty of the JSC board, the city school district, the city and  the  Erie
county industrial development agency to share with the state of New York
municipal  bond  bank agency any information in their possession that is
required by the state of New York municipal bond bank agency  to  deter-
mine  the  cost  of  financing such projects and to compute the interest
rate that would have been applicable to a bond issuance by the state  of
New  York  municipal  bond  bank  agency  in the event that financing is
obtained through the Erie  county  industrial  development  agency.  Any
failure  to  provide such information within thirty days of receipt of a
request from the state of New York municipal bond bank agency  shall  be
deemed  to  be  a failure of the city school district to submit the data
needed to compute the apportionment  of  state  building  aid,  and  the
commissioner shall withhold such apportionment until such information is
fully  submitted.  Upon request of the commissioner, the director of the
state of New York municipal bond bank agency shall submit  such  reports
as the commissioner may require on the financing of such projects and/or
the  interest  rate  that would have been applicable to such projects if
they had been financed through such agency.

S. 448                              3

  (d) Notwithstanding subdivision (a) of this section, contracts for the
renovation, rehabilitation or reconstruction of an educational  facility
that  has  been  submitted to the commissioner and identified as project
number 7999-010,  project  number  7999-012,  project  number  0676-001,
project  number  7999-015  [and],  project  number 7999-016, AND PROJECT
NUMBER 7999-019 need not be awarded pursuant to the process required  in
such subdivision.
  (L) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
TOTAL  PROJECT  COST ASSOCIATED WITH THE PROJECTS AUTHORIZED PURSUANT TO
PARAGRAPH (V) OF SUBDIVISION (B) OF THIS SECTION EXCEEDS  THE  ESTIMATED
TOTAL  PROJECT  COST  OF  195  MILLION DOLLARS, THEN THE JSC BOARD SHALL
REPORT SUCH INFORMATION, ALONG WITH EXPLANATORY DOCUMENTATION  REGARDING
THE  INCREASE  IN COST, TO THE GOVERNOR, THE NEW YORK STATE COMPTROLLER,
THE COMMISSIONER, THE TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER
OF THE ASSEMBLY.
  (M)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
JSC BOARD SHALL SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS  AUTHOR-
IZED  PURSUANT TO PARAGRAPH (V) OF SUBDIVISION (B) OF THIS SECTION AFTER
THE COMPLETION OF SCHEMATIC PLANS AND SPECIFICATIONS FOR REVIEW  BY  THE
COMMISSIONER.  IF  THE TOTAL PROJECT COSTS ASSOCIATED WITH SUCH PROJECTS
EXCEED THE SUM OF THE ESTIMATED INDIVIDUAL APPROVED COST  ALLOWANCES  OF
EACH  BUILDING  PROJECT  BY  MORE  THAN THE LESSER OF $20 MILLION OR TEN
PERCENT OF THE APPROVED COSTS, AND THE  CITY  SCHOOL  DISTRICT  HAS  NOT
OTHERWISE  DEMONSTRATED TO THE SATISFACTION OF THE NEW YORK STATE EDUCA-
TION DEPARTMENT THE AVAILABILITY OF ADDITIONAL  LOCAL  SHARES  FOR  SUCH
EXCESS  COSTS, THEN THE JSC BOARD 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.
  (N) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
JSC  BOARD SHALL SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS AUTHOR-
IZED PURSUANT TO PARAGRAPH (V) OF SUBDIVISION (B) OF THIS SECTION  AFTER
THE  COMPLETION  OF  FIFTY PERCENT OF THE FINAL PLANS AND SPECIFICATIONS
FOR REVIEW BY THE COMMISSIONER. 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  20
MILLION  DOLLARS  OR  TEN  PERCENT  OF  THE APPROVED COSTS, AND THE CITY
SCHOOL DISTRICT HAS NOT OTHERWISE DEMONSTRATED TO  THE  SATISFACTION  OF
THE  NEW  YORK STATE EDUCATION DEPARTMENT THE AVAILABILITY OF ADDITIONAL
LOCAL SHARE FOR SUCH EXCESS COSTS, THEN THE JSC BOARD 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.
  S 3. This act shall take effect immediately.

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