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

                                  5671

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2013
                               ___________

Introduced by M. of A. ENGLEBRIGHT, SCARBOROUGH, COOK, WEISENBERG, ROSA,
  COLTON,  PAULIN,  LAVINE  --  Multi-Sponsored  by  -- M. of A. ARROYO,
  KEARNS, RIVERA -- read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to minimum standards  for
  the security and safety of school grounds

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

  Section 1. Section 305 of the education law is amended by adding a new
subdivision 43 to read as follows:
  43. THE COMMISSIONER, IN CONJUNCTION WITH THE SUPERINTENDENT OF  STATE
POLICE  AND  THE  COMMISSIONER  OF THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES, SHALL ESTABLISH, BY RULE, MINIMUM STANDARDS FOR  THE
SECURITY  AND  SAFETY OF SCHOOL BUILDINGS, GROUNDS AND PROPERTY SO AS TO
PROVIDE AN APPROPRIATELY SAFE LEARNING ENVIRONMENT. SUCH STANDARDS SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE SECURITY OF BUILDING DOORS,  WINDOWS
AND  OTHER  POINTS  OF ENTRY, AND ACCESS TO SCHOOL GROUNDS AND PROPERTY,
INCLUDING GUIDELINES FOR FENCES AND SECURITY GATES.
  S 2. Subparagraphs (iii) and (iv) of paragraph i of subdivision  2  of
section  2023-a of the education law, as added by section 2 of part A of
chapter 97 of the laws of 2011, are amended and a new  subparagraph  (v)
is added to read as follows:
  (iii)  in  years in which the normal contribution rate of the New York
state teachers' retirement system, as defined by paragraph a of subdivi-
sion two of section five hundred seventeen of this chapter, increases by
more than two percentage points from  the  previous  year,  a  tax  levy
necessary  for  expenditures  for  the  coming  fiscal  year  for school
district employer contributions to the New York state teachers'  retire-
ment  system  caused by growth in the normal contribution rate minus two
percentage points; [and]
  (iv) a capital tax levy[.]; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07804-02-3

              

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  (V) A TAX LEVY NECESSARY FOR EXPENDITURES FOR THE UPDATING AND ENHANC-
ING OF THE SECURITY AND SAFETY OF SCHOOL BUILDINGS, GROUNDS AND  PROPER-
TY.
  S  3.  The  opening  paragraph of subdivision 6 of section 3602 of the
education law, as amended by chapter 416 of the laws of 2007, 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
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, or for lease, lease-pur-
chase 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

A. 5671                             3

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
chapter, other than payments under  a  lease-purchase  agreement  or  an
equivalent  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
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 five  year
plan  shall  include  a  priority  ranking  of projects, INCLUDING THOSE
NECESSARY TO COMPLY WITH SUCH SAFETY STANDARDS AS ARE ESTABLISHED PURSU-
ANT TO SUBDIVISION FORTY-THREE OF SECTION THREE  HUNDRED  FIVE  OF  THIS
CHAPTER, and shall be amended if necessary to reflect subsequent on-site
evaluations of facilities conducted by state supported contractors.
  S  4.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law, provided that  the  amend-
ments  to  section 2023-a   of the education law, made by section two of
this act, shall not affect the expiration and repeal  of  such  section,
and shall expire and be deemed repealed therewith.