S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4689
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by M. of A. ENGLEBRIGHT, COOK, COLTON, PAULIN, JAFFEE, BENE-
   DETTO -- Multi-Sponsored by -- M. of A. ARROYO, PERRY, 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 57 to read as follows:
   57.  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.
   §  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.
                                                            LBD08814-01-9
              

 A. 4689                             2
 
   (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.
   §  3.  The  opening  paragraph of subdivision 6 of section 3602 of the
 education law, as amended by chapter 355 of the laws of 2016, 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, for annual payments pursu-
 ant to any lease, sublease or other agreement relating to the financing,
 refinancing,  design,  construction,   reconstruction,   rehabilitation,
 improvement,  furnishing  and  equipping  of, or otherwise providing for
 projects authorized pursuant to the Yonkers city school district facili-

 A. 4689                             3
 
 ties modernization program act, or for lease,  lease-purchase  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 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  chap-
 ter,  other  than payments under a lease-purchase agreement or an equiv-
 alent 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  FIFTY-SEVEN  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.
   § 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 repeal of such section, and shall be
 deemed repealed therewith.