S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5998
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2019
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Education
 
 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 NINETEEN--TWENTY 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. Such base allow-
 ance  shall apply to a building or an addition housing grades prekinder-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09950-01-9

 A. 5998                             2
 
 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 NINETEEN--TWENTY 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.