S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6726--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2017
                                ___________
 
 Introduced  by  M. of A. PRETLOW, MAYER -- read once and referred to the
   Committee on Education -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  education law, in relation to apportionment for
   capital outlays and debt  service  for  school  building  purposes  to
   certain high need school districts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraphs 1 and 3 of paragraph a of  subdivision  6  of
 section  3602 of the education law, as amended by section 5 of part A of
 chapter 60 of the laws of 2000, are amended to read as follows:
   (1) For new construction and the purchase of existing structures,  the
 cost  allowances  shall be based upon the rated capacity of the building
 or addition and a basic per pupil allowance of up to six thousand  three
 hundred  seventy-five  dollars  adjusted  monthly  by  a statewide index
 reflecting changes in the cost of labor and materials since July  first,
 nineteen  hundred  ninety-two, established by the commissioner of labor,
 modified by an annual county or multi-county labor market composite wage
 rate, established by the commissioner of labor in consultation with  the
 commissioner,  for  July  first of the base year, commencing July first,
 nineteen hundred ninety-seven for general construction contracts awarded
 on or after July first, nineteen hundred ninety-eight,  indexed  to  the
 median  of such county or multi-county rates, but not less than one. FOR
 AID PAYABLE IN SCHOOL YEAR TWO THOUSAND SEVENTEEN--EIGHTEEN  AND  THERE-
 AFTER,  FOR  SCHOOL  DISTRICTS  LOCATED IN COUNTIES WITH A POPULATION OF
 MORE THAN NINE HUNDRED FORTY THOUSAND AND LESS THAN ONE MILLION INHABIT-
 ANTS ACCORDING TO THE TWO THOUSAND TEN FEDERAL CENSUS AND  ARE  ELIGIBLE
 FOR  AID  PURSUANT  TO  CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF
 THIS SUBDIVISION, SUCH AID SHALL BE ADJUSTED BY THE ANNUAL COUNTY  LABOR
 MARKET  COMPOSITE  WAGE  RATE  OF  THE CITY SCHOOL DISTRICT OF SUCH CITY
 HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS. Such base allow-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10344-03-7

 A. 6726--A                          2
 
 ance shall apply to a building or an addition housing grades  prekinder-
 garten  through  six and shall be adjusted for a building or an addition
 housing grades seven through nine by a factor of  one  and  four-tenths,
 for  a  building or an addition housing grades seven through twelve by a
 factor of one and  five-tenths,  for  a  building  or  addition  housing
 special  education  programs  by a factor of two, except that where such
 building or addition is connected to, or such space is located within, a
 public school facility  housing  programs  for  nondisabled  pupils,  as
 approved  by  the  commissioner,  a factor of three shall be used. Rated
 capacity of a building or an addition shall be determined by the commis-
 sioner based on space standards  and  other  requirements  for  building
 construction  specified  by  the  commissioner.   Such assigned capacity
 ratings shall include, in addition to those spaces used for the instruc-
 tion of pupils, those spaces which are used for elementary and secondary
 school  libraries,  cafeterias,  prekindergarten  instructional   rooms,
 teachers'   conference   rooms,  gymnasiums  and  auditoriums.  For  new
 construction projects approved on or after July first, two thousand,  by
 the voters of the school district or by the board of education of a city
 school  district  in a city with more than one hundred twenty-five thou-
 sand inhabitants, and/or the chancellor in a city school district  in  a
 city having a population of one million or more, such rated capacity for
 new  buildings  and  additions constructed to replace existing buildings
 that, in the judgment of the  commissioner,  have  not  been  adequately
 maintained  and  have  not  reached their projected useful life shall be
 reduced by the commissioner by an amount proportional to  the  remaining
 unused  portion  of  the useful life of the existing buildings, provided
 however that the commissioner may waive such requirement upon a  finding
 that  replacement  of  the existing building is necessary to protect the
 health and safety of students or staff, that reconstruction and  modern-
 ization  of  the  existing  building  would  not adequately address such
 health and safety problems, and that the need to  replace  the  building
 was  not  caused  by failure to adequately maintain the building. If the
 commissioner of labor resets the statewide index reflecting  changes  in
 the  costs  of  labor  and  materials since July first, nineteen hundred
 ninety-two, the commissioner shall adopt regulations  to  supersede  the
 basic  per  pupil allowance of up to six thousand three hundred seventy-
 five dollars to the imputed allowance in effect at that time.
   (3) Cost allowances for reconstructing or modernizing structures shall
 not exceed one hundred per centum of the cost allowances for the  equiv-
 alent  new  construction over the projected useful life of the building,
 to be determined in accordance with the regulations of the commissioner.
 Reconstruction projects shall reasonably meet the  criteria  established
 for  new  construction,  including  but  not  limited  to  energy, fire,
 personal safety and space per pupil standards. FOR AID PAYABLE IN SCHOOL
 YEAR  TWO  THOUSAND  SEVENTEEN--EIGHTEEN  AND  THEREAFTER,  FOR   SCHOOL
 DISTRICTS  LOCATED  IN  COUNTIES  WITH  A  POPULATION  OF MORE THAN NINE
 HUNDRED FORTY THOUSAND AND LESS THAN ONE MILLION  INHABITANTS  ACCORDING
 TO THE TWO THOUSAND TEN FEDERAL CENSUS AND ARE ELIGIBLE FOR AID PURSUANT
 TO  CLAUSE  (C)  OF SUBPARAGRAPH TWO OF PARAGRAPH C OF THIS SUBDIVISION,
 SUCH AID SHALL BE ADJUSTED BY THE ANNUAL COUNTY LABOR  MARKET  COMPOSITE
 WAGE  RATE  OF THE CITY SCHOOL DISTRICT OF SUCH CITY HAVING A POPULATION
 OF ONE MILLION OR MORE INHABITANTS.
   § 2. This act shall take effect immediately.