S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7976
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 29, 2019
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred to the Committee
   on Education
 
 AN ACT to amend chapter 416 of the laws of 2007, establishing  the  city
   of Rochester and the board of education of the city school district of
   the  city of Rochester school facilities modernization program act, in
   relation to granting further  authority  to  the  RJSCB  to  modernize
   educational facilities in the city of Rochester
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Chapter 416 of the laws of 2007, establishing the  city  of
 Rochester  and the board of education of the city school district of the
 city of  Rochester  school  facilities  modernization  program  act,  is
 amended by adding a new section 1-a to read as follows:
   §  1-A.  LEGISLATIVE  FINDINGS.  THE  LEGISLATURE  FINDS  THAT CITY OF
 ROCHESTER SCHOOLS ARE IN NEED OF EXTENSIVE RECONSTRUCTION AND MODERNIZA-
 TION AND CERTAIN SCHOOLS ARE PAST THEIR USEFUL LIFE. THE AVERAGE AGE  OF
 THE  CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER BUILDINGS IS 74 YEARS
 WHICH IS SIGNIFICANTLY ABOVE THE 65 YEARS AVERAGE AGE OF SCHOOLS IN  NEW
 YORK  STATE.    EVEN  BY  MAXIMIZING  THE  DEBT BORROWING UNDER EXISTING
 CONSTITUTIONAL AND STATUTORY LIMITS, THE CITY  SCHOOL  DISTRICT  OF  THE
 CITY  OF  ROCHESTER IS UNABLE TO FINANCE MODERNIZATION OF ITS FACILITIES
 AT A REASONABLE RATE AS NEEDS ARE FAR GREATER THAN THE  AVAILABILITY  OF
 CAPITAL.  THE CITY SCHOOL DISTRICT'S FACILITIES ARE LANDLOCKED IN HIGHLY
 DENSE URBAN NEIGHBORHOODS LACKING PROPER PROGRAM  SPACES,  ADEQUATE  AND
 EFFICIENT MECHANICAL, ELECTRICAL AND PLUMBING SYSTEMS, PROPER SCHOOL BUS
 STAGING AREAS FOR DROP-OFFS AND DISMISSALS, ADEQUATE ATHLETIC FACILITIES
 AND  OTHER  ESSENTIAL  SCHOOL AMENITIES REQUIRED FOR THE SAFE AND PROPER
 ADMINISTRATION OF AN EDUCATIONAL INSTITUTION, AND  WHILE  THE  ROCHESTER
 CITY  SCHOOL DISTRICT HAS INVESTED SIGNIFICANT CAPITAL, DETERIORATION OF
 BUILDING STOCK OUTPACES THE CITY SCHOOL DISTRICT'S ABILITY TO REPAIR IT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11982-01-9
              

 A. 7976                             2
 
   THE LEGISLATURE FURTHER FINDS THAT SUCH DETERIORATION OF  THE  SCHOOLS
 AND  INABILITY  TO  EXPAND  SCHOOL  SITES  TO  PROVIDE EVEN A MODICUM OF
 CUSTOMARY FACILITIES AND AMENITIES TO STUDENTS IS A  SERIOUS  IMPEDIMENT
 TO  LEARNING AND TEACHING. IF THE QUALITY OF EDUCATION IN THE CITY IS TO
 BE  IMPROVED,  EXISTING SCHOOLS MUST BE REHABILITATED AND RECONSTRUCTED.
 THIS WILL INCLUDE THE RETIREMENT OF THE OLDEST FACILITIES, WHICH FACILI-
 TIES ARE BEYOND COST-EFFECTIVE REPAIR, TO BE REPLACED BY MORE EFFICIENT-
 LY OPERATING BUILDINGS WITH BETTER USE  OF  SPACE.    RENOVATIONS  SHALL
 RESULT  IN  FACILITIES  MORE CONDUCIVE TO CURRENT EDUCATION REQUIREMENTS
 AND SHALL BE  EQUIPPED  TO  OPERATE  AT  LOWER  MAINTENANCE  COSTS  WITH
 IMPROVED ENERGY EFFICIENCY.
   THE STUDENT POPULATION WITH SPECIAL NEEDS AND STUDENTS WITH ENGLISH AS
 A SECOND LANGUAGE HAS BEEN RISING. THIS SHIFT IN ENROLLMENT HAS REQUIRED
 OVERUSE  OF  AVAILABLE  CLASSROOM  SPACE  FOR  REGULAR  INSTRUCTION  AND
 RESULTED IN A SHORTAGE OF LIBRARIES, ART ROOMS,  MUSIC  ROOMS,  COMPUTER
 ROOMS  AND  OTHER  COMMON SCHOOL FACILITY ELEMENTS.   AS THE CITY SCHOOL
 DISTRICT CLOSE BUILDINGS THAT CAN NO LONGER BE  REPAIRED  THE  REHABILI-
 TATION  AND  RECONSTRUCTION  OF OTHER EXISTING FACILITIES IN PHASE THREE
 WILL ALLOW FOR REALLOCATION OF CLASSROOM SPACE TO ESSENTIAL  SPECIALIZED
 USES.  THE  CITY'S FISCAL LIMITATIONS, HOWEVER, MAGNIFY THE INABILITY TO
 MAINTAIN EXISTING AGING FACILITIES OR PROVIDE NEW FACILITIES TO ACCOMMO-
 DATE THE SHIFTING STUDENT POPULATIONS.
   THE LEGISLATURE FURTHER FINDS THAT  AS  A  RESULT  OF  THE  FOREGOING,
 LEGISLATION GRANTING CERTAIN NEW OR ADDITIONAL AUTHORITY TO THE RJSCB AS
 AGENT  TO  THE  CITY  AND  THE CITY SCHOOL DISTRICT AS SET FORTH IN SUCH
 LEGISLATION IS NECESSARY, WHICH AUTHORITY SHOULD ENABLE BOTH PARTIES  TO
 BETTER,  MORE ECONOMICALLY AND MORE INNOVATIVELY MANAGE THE ACQUISITION,
 DESIGN, CONSTRUCTION, FINANCING, OPERATION, AND MAINTENANCE  OF  MODERN-
 IZED EDUCATIONAL FACILITIES.
   §  2. Subdivisions (g), (i) and (j) of section 2 of chapter 416 of the
 laws of 2007, establishing the city of Rochester and the board of educa-
 tion of the city school district of the city of Rochester school facili-
 ties modernization program act, as amended by chapter 533 of the laws of
 2014, are amended and five new subdivisions (p), (q), (r), (s)  and  (t)
 are added to read as follows:
   (g) "Project" shall mean: (I) work at an existing school building site
 that  involves the design, reconstruction, or rehabilitation of ALL OR A
 PORTION OF an existing school building for its continued use as a school
 of the city school district, which may include an addition  to  existing
 school  buildings  for such continued use and which also may include (1)
 the construction or reconstruction of athletic fields, playgrounds,  and
 other recreational facilities for such existing school buildings; and/or
 (2)  the  acquisition  and  installation  of all equipment necessary and
 attendant to and for the use of such existing school  [building]  BUILD-
 INGS,  including  but not limited to items located at sites not within a
 project that will allow the RJSCB to  conduct  district-wide  technology
 improvements to benefit existing school buildings; and/or (3) the acqui-
 sition  of  additional  real  property  by  the  city  to facilitate the
 project; (II) THE ACQUISITION OF LAND FOR NEW SCHOOL BUILDINGS OR RECON-
 STRUCTED EXISTING SCHOOLS FOR PARKING, ATHLETIC FIELDS, PLAYGROUNDS  AND
 OTHER  RECREATIONAL  FACILITIES; AND/OR (III) CONSTRUCTION OF NEW SCHOOL
 BUILDINGS AND ACQUISITION OF LAND WITH EXISTING IMPROVEMENTS  WHICH  MAY
 ALSO  INCLUDE (1) THE CONSTRUCTION OR RECONSTRUCTION OF ATHLETIC FIELDS,
 ATHLETIC FACILITIES, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES  FOR
 SUCH  NEW SCHOOL BUILDINGS AND/OR FOR DISTRICT-WIDE UTILIZATION; AND (2)
 THE ACQUISITION AND INSTALLATION OF ALL EQUIPMENT NECESSARY AND  ATTEND-

 A. 7976                             3

 ANT  TO  AND  FOR THE USE OF SUCH RECONSTRUCTED OR NEW SCHOOL BUILDINGS,
 AND/OR ATHLETIC FACILITIES INCLUDING, BUT NOT LIMITED TO, ITEMS  LOCATED
 AT  SITES  NOT  WITHIN  A  PROJECT  THAT WILL ALLOW THE RJSCB TO CONDUCT
 DISTRICT-WIDE  TECHNOLOGY IMPROVEMENTS TO BENEFIT SUCH NEW SCHOOL BUILD-
 INGS AND/OR ATHLETIC FACILITIES.
   (i) "Program manager" shall mean [an] THE independent program  manage-
 ment firm hired by the RJSCB to OVERSEE THE IMPLEMENTATION OF THE FACIL-
 ITIES  MODERNIZATION PLAN, AND TO assist [it] THE RJSCB in: (i) develop-
 ing  and  implementing  procedures  for  the  projects  undertaken   and
 contracted for by the RJSCB; (ii) reviewing plans and specifications for
 projects;  (iii)  developing and implementing policies and procedures to
 utilize employment resources to provide sufficient skilled employees for
 such projects including developing and implementing  training  programs,
 if  required;  (iv)  managing  such  projects  AND ACTING AS THE OWNER'S
 AUTHORIZED REPRESENTATIVE; and  (v)  providing  such  planning,  design,
 financing,  and other services as may be appropriate to implement one or
 more construction or reconstruction projects pursuant to this act.
   (j) "Independent compliance officer" shall mean an independent COMPLI-
 ANCE firm hired by the RJSCB with an in-depth knowledge base and breadth
 of experience conducting minority and  women-owned  business  enterprise
 (MWBE)  and  disadvantaged business enterprise (DBE) utilization compli-
 ance monitoring for public contracts within New  York  state  [including
 school  districts]. SUCH FIRM SHALL SUPPORT THE FACILITIES MODERNIZATION
 PROGRAM, AND THE PROGRAM MANAGER,  BY  DEVELOPING  AND  IMPLEMENTING  AN
 MWBE/DBE  UTILIZATION  MASTER  PLAN  FOR  THE  GOVERNANCE OF ALL PROJECT
 CONTRACTS TO ENSURE COMPLIANCE WITH ALL FEDERAL, STATE, AND LOCAL  LAWS,
 RULES,  AND  REGULATIONS  AS  APPLICABLE;  and  auditing contractors and
 subcontractors in construction and reconstruction projects like those to
 be undertaken and contracted for by the RJSCB pursuant to this act.
   (P) "CAPITAL IMPROVEMENT PLAN" SHALL MEAN THE CITY  SCHOOL  DISTRICT'S
 ONGOING,  ANNUALLY  UPDATED  FIVE-YEAR  CAPITAL  FINANCING  PLAN FOR THE
 CONSTRUCTION AND  RECONSTRUCTION  OF  FACILITIES,  THE  ACQUISITION  AND
 REPLACEMENT  OF VEHICLES AND EQUIPMENT AND THE COMPLETION OF OTHER LONG-
 TERM CAPITAL PROJECTS UNDERTAKEN AND FINANCED BY THE ISSUANCE OF GENERAL
 OBLIGATION BONDS BY THE CITY ON  BEHALF  OF  THE  CITY  SCHOOL  DISTRICT
 PURSUANT TO EXISTING STATE LAW APPLICABLE TO ALL SCHOOL DISTRICTS.
   (Q)  "COMPREHENSIVE  SCHOOL FACILITIES MODERNIZATION PLAN" OR "FACILI-
 TIES MODERNIZATION PLAN" OR  "FACILITIES  MODERNIZATION  PROGRAM"  SHALL
 MEAN  THE  COMPREHENSIVE,  STRATEGIC  PLAN  DEVELOPED BY THE CITY SCHOOL
 DISTRICT AND THE RJSCB TO BE  IMPLEMENTED  IN  SEVERAL  PHASES  FOR  THE
 CONSTRUCTION, RENOVATION, REHABILITATION AND EQUIPPING OF NEW AND EXIST-
 ING  EDUCATIONAL  FACILITIES  AND  COLLATERAL  EDUCATIONAL, ATHLETIC AND
 RECREATIONAL FACILITIES  LOCATED  IN  THE  CITY,  WHICH  PLAN  SHALL  BE
 INCLUDED  IN  A  SPECIAL  SECTION  OF THE CITY SCHOOL DISTRICT'S ONGOING
 FIVE-YEAR CAPITAL IMPROVEMENT PLAN, AS  REQUIRED  BY  SUBDIVISION  6  OF
 SECTION 3602 OF THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION-
 ER, AND SUCH OTHER MATTERS SET FORTH IN SUBDIVISION SIX OF THIS SECTION;
 WHICH  PLAN  SHALL IDENTIFY BY THE NUMBER OF BUILDINGS TO BE CONSTRUCTED
 OR RECONSTRUCTED TO THE SATISFACTION OF SED AND INCLUDE A DISTRICT  WIDE
 TECHNOLOGY  PLAN AND RELATED INCIDENTAL EXPENSES AS ADOPTED BY THE RJSCB
 AFTER A PUBLIC HEARING.
   (R) "MWBE/DBE UTILIZATION MASTER PLAN" SHALL MEAN A PLAN  PREPARED  BY
 THE INDEPENDENT COMPLIANCE OFFICER AND THE PROGRAM MANAGER TO THE SATIS-
 FACTION  OF  THE RJSCB TO MEET THE GOALS SET FORTH IN THE RJSCB APPROVED
 DIVERSITY PLAN.

 A. 7976                             4
 
   (S) "PROFESSIONAL SERVICES"  SHALL  MEAN  ACCOUNTING,  LEGAL,  PROGRAM
 MANAGEMENT,  AND OTHER SUCH SERVICES PROVIDED BY A FORMALLY CERTIFIED OR
 LICENSED MEMBER OF SUCH PROFESSION OR SUCH PROFESSIONAL ORGANIZATION.
   (T) "SED" SHALL MEAN THE NEW YORK STATE DEPARTMENT OF EDUCATION.
   §  3. Subdivision (b) of section 3 of chapter 416 of the laws of 2007,
 establishing the city of Rochester and the board  of  education  of  the
 city  school district of the city of Rochester school facilities modern-
 ization program act, as amended by chapter 533 of the laws of  2014,  is
 amended to read as follow:
   (b)  Such  board  shall  be composed of seven voting members: three of
 whom shall be appointed by the mayor of the city; three of whom shall be
 appointed by the superintendent of the board of education  of  the  city
 school district; and one of whom shall be independent from both the city
 school  district and the city but who shall have been agreed upon by the
 mayor and the superintendent; and one non-voting member who shall be the
 independent compliance officer, or the representative of the independent
 compliance officer. One of the voting members shall be chosen,  by  such
 voting  members,  to  serve  as chair of the board. Members of the board
 shall not receive a salary or other compensation for such board  duties,
 but shall be entitled to reimbursement for actual and necessary expenses
 incurred  in  the performance of his or her board duties. Members of the
 board shall not be disqualified from holding public  office  or  employ-
 ment, nor shall they forfeit any office or employment by reason of their
 appointment,  notwithstanding the provisions of any general, special, or
 local law, ordinance or city charter to the contrary.   [The board  will
 be  reconstituted]  TO  PROVIDE  FOR  THE  CONTINUING FUNCTIONING OF THE
 MULTIPHASE FACILITIES MODERNIZATION PROGRAM, on the  effective  date  of
 the  chapter  of  the  laws of [2014] 2019 that amended this subdivision
 [and the term of each prior board member shall automatically  expire  on
 such date provided however that nothing shall preclude the reappointment
 of  an  existing  board member], THE BOARD IN ITS CONSTITUTED FORM SHALL
 CONTINUE TO EXIST FOR THE ACCOMPLISHMENT OF ANY OF THE  PURPOSES  SPECI-
 FIED  IN THIS ACT AND THE BOARD, ITS MEMBERS, OFFICERS AND EMPLOYEES AND
 ITS OPERATIONS AND ACTIVITIES SHALL IN ALL RESPECTS BE GOVERNED  BY  THE
 PROVISIONS OF THIS ACT.
   § 4. Paragraph 6 of subdivision (c) of section 3 of chapter 416 of the
 laws of 2007, establishing the city of Rochester and the board of educa-
 tion of the city school district of the city of Rochester school facili-
 ties  modernization  program act, as added by chapter 533 of the laws of
 2014, is amended to read as follows:
   6. To engage an  executive  director  or  appoint  an  advisory  staff
 consisting  of  city and city school district employees to provide over-
 sight of the program manager [provided that the executive director shall
 not have been or be a member of the RJSCB within the  twenty-four  month
 period preceding or subsequent to serving as the executive director].
   §  5.  Section  4,  5,  9, 10, 11 and 21 of chapter 416 of the laws of
 2007, establishing the city of Rochester and the board of  education  of
 the  city  school  district  of  the city of Rochester school facilities
 modernization program act, as amended by chapter  533  of  the  laws  of
 2014, are amended to read as follow:
   §  4.  Project authorization.   No more than: (a) 13 projects, up to a
 total cost of three hundred twenty-five million dollars  in  phase  one,
 and  (b)  26  projects,  up  to a total cost of four hundred thirty-five
 million dollars in phase two, AND (C) 15 SCHOOL BUILDING PROJECTS,  PLUS
 A  DISTRICT-WIDE  TECHNOLOGY  PROJECT, UP TO A TOTAL COST OF SIX HUNDRED
 AND FIFTEEN MILLION DOLLARS IN  PHASE  THREE  shall  be  authorized  and

 A. 7976                             5
 
 undertaken  pursuant  to  this  act, unless otherwise authorized by law.
 MONEYS WITHIN SUCH LIMITS THAT  ARE  DETERMINED  TO  BE  UNNECESSARY  TO
 ACHIEVE  COMPLETION  OF ANY SUCH PHASE OR REMAINING AFTER THE COMPLETION
 OF SUCH PHASE MAY BE APPLIED TO THE COSTS OF ANY OTHER PHASE OR TO PLAN-
 NING COSTS FOR ANY PHASE SUBSEQUENT THERETO.
   §  5.  Comprehensive school facilities modernization plan.  The super-
 intendent shall submit to the RJSCB [a] comprehensive draft [plan] PLANS
 recommending and outlining the projects for phase two AND PHASE THREE it
 proposes to be undertaken pursuant to this act. The RJSCB shall consider
 the plan in developing a comprehensive school  facilities  modernization
 plan  recommending  and  outlining the projects it proposes to be poten-
 tially undertaken pursuant to this act.  Such plan shall include: (a) an
 estimate of  total  costs  to  be  financed,  proposed  financing  plan,
 proposed  method  of  financing,  terms and conditions of the financing,
 estimated financing costs, and, if  city  general  obligation  bonds  or
 notes  are  not  proposed  as  the  method of financing, a comparison of
 financing costs between such bonds or notes and the proposed  method  of
 financing.  Payment of debt service on bonds, notes or other obligations
 issued  to  secure  financing of not more than $325,000,000 in phase one
 [and], $435,000,000 in phase two, AND $615,000,000 IN  PHASE  THREE  for
 projects undertaken pursuant to this act, OR ISSUED TO REFUND SUCH OBLI-
 GATIONS,  shall  not  be  considered  when determining the "city amount"
 required pursuant to subparagraph (ii) of paragraph a of subdivision 5-b
 of section 2576 of the  education  law;  provided,  however,  that  this
 provision  shall  not  otherwise  affect the determination of said "city
 amount" with respect to funding unrelated to projects undertaken  pursu-
 ant  to  this  act.   The plan should also address what specific options
 would be used to ensure that sufficient resources  exist  to  cover  the
 local share of any such project cost on an annual basis; (b) information
 concerning  the  potential  persons  to be involved in the financing and
 such person's role and responsibilities; (c) estimates  on  the  design,
 reconstruction  and  rehabilitation costs by project, any administrative
 costs for potential projects, and an outline of the  timeframe  expected
 for  completion of each potential project; (d) a detailed description of
 the request for proposals process and an outline of the criteria  to  be
 used  for  selection  of the program manager, the independent compliance
 officer and all contractors; provided that the RJSCB may FOR PHASE THREE
 EITHER extend the contracts of the providers  of  professional  services
 for phase [one] TWO upon the adoption of findings that doing so would be
 in  the  public  interest[; the contracts of the program manager and the
 independent compliance officer for phase two will be rebid, and provided
 further that the program manager and the independent compliance  officer
 and  any  new]  or  [different  providers]  RE-BID  SUCH of professional
 services [shall be engaged] CONTRACTS in compliance with the  provisions
 of  section  eight  of this act; (e) any proposed amendments to the city
 school district's five-year capital facilities plan submitted in accord-
 ance with subdivision 6 of section 3602 of the  education  law  and  the
 regulations  of the commissioner; and (f) a [preliminary] diversity plan
 to develop diversity goals, including appropriate  community  input  and
 public  discussion, and develop strategies that would create and coordi-
 nate any efforts to ensure a more diverse workforce  for  the  projects.
 The  [preliminary]  diversity  plan  should  address  accountability for
 attainment of the diversity goals, what forms  of  monitoring  would  be
 used, and how such information would be publicly communicated.
   THE  CORE MODEL PROGRAM DEVELOPED AS PART OF THE PHASE THREE STRATEGIC
 PLAN SHALL INCLUDE SPACES TO FULLY SUPPORT THE DIVERSE PROGRAMS REQUIRED

 A. 7976                             6
 
 TO ADDRESS THE HIGH NEEDS POPULATION IN ROCHESTER SUCH  AS  RESPONSE  TO
 INTERVENTION  ROOMS,  ENGLISH  FOR  SPEAKERS  OF  OTHER LANGUAGES ROOMS,
 RESTORATIVE PRACTICE AND OTHER  BEHAVIORAL  INTERVENTION  ROOMS,  SCHOOL
 BASED  HEALTH  CLINICS,  DEDICATED  OCCUPATIONAL THERAPY AND/OR PHYSICAL
 THERAPY SENSORY STIMULATION ROOMS AND FULL KITCHENS WITH SERVING  AREAS.
 IN  ADDITION, A SIGNIFICANT PERCENTAGE OF THE STUDENTS WITH DISABILITIES
 ARE PLACED IN INTEGRATED CO-TEACHING AND CONSULTANT  TEACHER  CLASSROOMS
 WITH  THEIR  NON-DISABLED PEERS. SUCH STUDENTS WITH DISABILITIES REQUIRE
 ACCESS TO SPECIAL EDUCATION RELATED SERVICES AND  RESOURCES.    MANY  OF
 THESE  SPACES  ARE NOT CUSTOMARILY ASSIGNED BUILDING AID UNITS UNDER THE
 CURRENT DEPARTMENT OF EDUCATION BUILDING AID FORMULAS. FOR  PURPOSES  OF
 THE PHASE THREE STRATEGIC PLAN, ALL REQUIRED CORE MODEL PROGRAM ELEMENTS
 ALONG  WITH  ALL  INSTRUCTIONAL  SPACES COMPRISING THE APPROVED TEST FIT
 CONCEPTS SHALL BE ELIGIBLE FOR THE 98 PERCENT  STATE  REIMBURSEMENT  AID
 ALLOWED  BY  MUNICIPAL LAW TO RESULT IN A NOMINAL LOCAL COST OF APPROXI-
 MATELY 2 PERCENT.
   Prior to  the  development  of  the  comprehensive  school  facilities
 modernization  plan  FOR EACH PHASE AUTHORIZED PURSUANT TO THIS ACT, the
 RJSCB and THE CITY SCHOOL district shall hold as many public hearings as
 may be necessary to ensure sufficient public input and allow for signif-
 icant public discussion on school building needs in such city,  with  at
 least  one  hearing to be held in each neighborhood potentially impacted
 by a proposed project.
   All projects proposed in the comprehensive school  facilities  modern-
 ization  [plan] PLANS shall be included by the city school district as a
 special section of the district's five-year capital facilities plan that
 is required pursuant to subdivision 6 of section 3602 of  the  education
 law and the regulations of the commissioner.
   The  RJSCB  shall  submit  the components of such comprehensive [plan]
 PLANS outlined in subdivision (a) of this section  to  the  comptroller,
 along  with  any other information requested by the comptroller, for his
 or her review and approval.
   § 9. Contracts generally.    Notwithstanding  the  provisions  of  any
 general, special, or local law or judicial decision to the contrary:
   (a)  The  RJSCB  may  require  a  contractor,  as a condition to being
 awarded a contract, subcontract, lease, grant, bond, covenant  or  other
 agreement  for a project to enter into a project labor agreement for the
 work involved with such project when such requirement is  made  part  of
 the  bid  specifications  for  the project and when the RJSCB determines
 that the record supporting the decision to enter into such an  agreement
 establishes that it is justified by the interests underlying the compet-
 itive  bidding  laws.  In  addition, the RJSCB may revise and extend the
 requirements of the project labor agreement entered into for  phase  one
 projects  to  the  projects  authorized in phase [two] THREE, contingent
 upon the completion of a supplemental project  labor  agreement  benefit
 analysis  AND  OTHER  REQUIREMENTS  OF THE RJSCB IN REGARDS TO DIVERSITY
 GOALS, PRE-APPRENTICESHIP, AND APPRENTICESHIP PARTICIPATION.
   (b) Any contract, subcontract, lease, grant, bond, covenant  or  other
 agreement  for  projects  undertaken  pursuant  to this act shall not be
 subject to section 101 of the general municipal law when the  RJSCB  has
 chosen to require a project labor agreement, pursuant to subdivision (a)
 of  this section. This exemption shall only apply to the projects under-
 taken pursuant to this act and shall not apply to projects undertaken by
 any other school district or municipality unless otherwise  specifically
 authorized.

 A. 7976                             7
 
   (c)  Whenever  the  RJSCB  enters  in  a contract, subcontract, lease,
 grant, bond, covenant or other agreement for  the  construction,  recon-
 struction,  demolition,  excavation, rehabilitation, repair, renovation,
 alteration, or improvement for a project  undertaken  pursuant  to  this
 act, it shall be deemed to be a public works project for the purposes of
 article  8  of the labor law, and all the provisions of article 8 of the
 labor law shall be applicable to all the work involved with such project
 including the enforcement of prevailing wage requirements by  the  state
 department of labor.
   (d)  Every  contract  entered  into  by  resolution  of  the RJSCB for
 construction or reconstruction of a project pursuant to this  act  shall
 contain  a provision that the design of such project shall be subject to
 the review and approval of the city school  district  SUPERINTENDENT  OR
 THE SUPERINTENDENT'S DESIGNEE and that the design and construction stan-
 dards of such project shall be subject to the review and approval of the
 commissioner;  PROVIDED,  HOWEVER,  THE  DEPARTMENT  OF  EDUCATION SHALL
 APPOINT A DEDICATED DEPARTMENT REPRESENTATIVE  TO  BE  THE  DEPARTMENT'S
 PROJECT  MANAGER FOR ALL ASPECTS OF THE FACILITIES MODERNIZATION PROGRAM
 INCLUDING, BUT NOT LIMITED TO, HAVING AUTHORITY TO EXPEDITE THE  DEPART-
 MENT'S  REVIEW AND TO GRANT APPROVALS RELATED TO PROGRAM REPORTS, MASTER
 PLAN,  BUILDING  PLANS  AND  SPECIFICATIONS.  In  addition,  every  such
 contract  for  construction  or reconstruction shall contain a provision
 that the contractor shall furnish a labor and material bond guaranteeing
 prompt payment of moneys that are due to all  persons  furnishing  labor
 and  materials  pursuant  to  the  requirements  of  any contracts for a
 project undertaken pursuant to this section and a performance  bond  for
 the  faithful  performance  of  the  project, which shall conform to the
 provisions of section 103-f of the general municipal  law,  and  that  a
 copy  of  such  performance and payment bonds shall be kept by the RJSCB
 and shall be open to public inspection.
   (e) For the purposes of article 15-A of the executive law, any  person
 entering  into  a contract for a project authorized pursuant to this act
 shall be deemed a state agency as that term is defined in  such  article
 and such contracts shall be deemed state contracts within the meaning of
 that term as set forth in such article.
   (f)  Notwithstanding  the  provisions of this act or of any general or
 special law to the  contrary,  for  any  contract,  subcontract,  lease,
 grant,  bond,  covenant  or  other  agreement  for  construction, recon-
 struction, demolition, excavation, rehabilitation,  repair,  renovation,
 alteration,  or  improvement  ENTERED  INTO BY THE RJSCB with respect to
 each project undertaken pursuant to this act, the RJSCB  shall  consider
 the financial and organizational capacity of contractors and subcontrac-
 tors  in  relation to the magnitude of work they may perform, the record
 of performance of contractors and subcontractors on previous  work,  the
 record  of  contractors  and  subcontractors  in complying with existing
 labor standards and maintaining  harmonious  labor  relations,  and  the
 commitment of contractors to work with minority and women-owned business
 enterprises  pursuant to article 15-A of the executive law through joint
 ventures or  subcontractor  relationships.    The  RJSCB  shall  further
 require,   on  any  contract  in  excess  of  one  million  dollars  for
 construction, reconstruction,  demolition,  excavation,  rehabilitation,
 repair,  renovation,  alteration,  or improvement, WHICH USE APPRENTICE-
 ABLE AND CONSTRUCTION-RELATED TRADE CLASSIFICATIONS, that each  contrac-
 tor  [and  subcontractor]  shall: (1) participate in apprentice training
 programs in the trades of work it employs that: have been  approved  for
 not  less than three years by the state department of labor; have gradu-

 A. 7976                             8
 
 ated at least one apprentice in the last 3  years;  have  at  least  one
 apprentice  currently  enrolled in such apprentice training program; and
 have demonstrated that the  program  has  made  significant  efforts  to
 attract  and  retain  minority  apprentices;  AND (2) EMPLOY ONE OR MORE
 APPRENTICES IN CONNECTION WITH ITS CONTRACT WITH THE RJSCB. IF  A  PRIME
 CONTRACT  IS  SUBJECT  TO THE FOREGOING APPRENTICESHIP REQUIREMENTS, ANY
 SUBCONTRACTORS LET BY THE PRIME CONTRACTOR OVER  FIVE  HUNDRED  THOUSAND
 DOLLARS,  WHICH USE APPRENTICE-ABLE AND CONSTRUCTION-RELATED TRADE CLAS-
 SIFICATIONS, ARE ALSO SUBJECT TO THE APPRENTICESHIP REQUIREMENTS OF THIS
 PARAGRAPH.
   § 10. Program managers.  (a) All contracts entered into by  resolution
 of  the  RJSCB  for  projects  for  phase ONE, PHASE two AND PHASE THREE
 undertaken pursuant to this act shall be managed by [an] THE independent
 program manager. The [selection of] RJSCB MAY ELECT TO EITHER EXTEND THE
 EXISTING CONTRACT OF the PHASE TWO program  manager  [shall]  FOR  PHASE
 THREE UPON THE ADOPTION OF FINDINGS THAT DOING SO WOULD be IN THE PUBLIC
 INTEREST OR SELECT A PHASE THREE PROGRAM MANAGER pursuant to the compet-
 itive  process established in section eight of this act. [Prior to issu-
 ance of the contract, the program manager selected shall be approved  by
 the  superintendent,  mayor,  city council and the Rochester city school
 district.] The  program  manager  shall  have  experience  in  planning,
 designing,  and  constructing  new and/or reconstructing existing school
 buildings, public facilities, commercial facilities, and/or  infrastruc-
 ture  facilities,  and  in  the  negotiation  and  management  of  labor
 contracts and agreements, training programs, educational  programs,  and
 physical   technological  requirements  for  educational  programs.  The
 program manager shall manage all projects undertaken  pursuant  to  this
 act,  review  project  schedules, review payment schedules, prepare cost
 estimates and assess the safety programs of contractors and all training
 programs, if required. The program manager  shall  implement  procedures
 for  verification  by  it  that  all  work  for  which  payment has been
 requested has been satisfactorily completed.
   (b) The program manager, and its affiliates or subsidiaries,  if  any,
 shall  be  prohibited from awarding contracts or being awarded contracts
 for, or performing any work on, projects  undertaken  pursuant  to  this
 act.  Contracts  awarded by THE RJSCB for construction work required for
 the CONSTRUCTION, reconstruction,  rehabilitation  or  renovation  of  a
 project pursuant to this act shall be awarded pursuant to public bidding
 in compliance with section 103 of the general municipal law.
   §  11. Independent compliance officers.  All contracts entered into by
 resolution of the RJSCB for projects for phase ONE, PHASE two AND  PHASE
 THREE  undertaken  by  this  act  shall  be  monitored by an independent
 compliance officer.  THE RJSCB MAY ELECT TO EITHER EXTEND  THE  EXISTING
 CONTRACT OF THE PHASE TWO INDEPENDENT COMPLIANCE OFFICER FOR PHASE THREE
 UPON  THE  ADOPTION  OF  FINDINGS  THAT  DOING SO WOULD BE IN THE PUBLIC
 INTEREST OR SELECT A PHASE THREE INDEPENDENT COMPLIANCE OFFICER PURSUANT
 TO THE COMPETITIVE PROCESS ESTABLISHED IN SECTION EIGHT OF THIS ACT. The
 INDEPENDENT compliance officer  shall:  develop,  implement,  advertise,
 promote  and  monitor  policies  and  procedures  to utilize and provide
 sufficient MWBE, DBE and skilled minority employment  resources  partic-
 ipation  opportunities  to  be followed by prime contractors and subcon-
 tractors for such projects; review, modify if necessary, and approve the
 preliminary diversity plan established pursuant to section five of  this
 act;  provide technical assistance to potential MWBE and DBE contractors
 and subcontractors interested in bidding on any  such  projects;  obtain
 and  maintain  records  and documentation to confirm compliance with any

 A. 7976                             9
 
 requirements contained in the approved  diversity  plan,  for  any  such
 project;  identify  contractors in non-compliance with any such require-
 ments contained in the approved diversity plan or in  violation  of  any
 federal,  state and local laws, rules or regulations; monitor and report
 the upward/downward price adjustment and payment amounts  to  MWBEs  and
 DBEs listed on contractors utilization plan for any such project; devel-
 op and work with the RJSCB to enforce agreed financial or monetary sanc-
 tions  for any contractor's non-compliance with the MWBE/DBE utilization
 master plan.   In addition, the independent  compliance  officer  shall:
 develop, implement, advertise, promote and monitor MWBE/DBE policies and
 procedures  for  each  project  to  be followed by prime contractors and
 subcontractors for  such  projects;  obtain  and  maintain  records  and
 documentation to confirm compliance with any applicable requirements for
 each  project;  identify  contractors  in  non-compliance  with any such
 requirements pursuant to this section or in violation  of  any  federal,
 state  and  local laws, rules or regulations. The independent compliance
 officer shall report to the [RJCSB] RJSCB on a monthly basis.
   § 21. Reporting requirements. (A) On June 30, 2008 and annually there-
 after, until completion of the 39 projects authorized pursuant  to  this
 act,  the  RJSCB  shall issue a report to the governor, the comptroller,
 the commissioner, the temporary president of the senate, the speaker  of
 the assembly, the city, the city council and the city school district on
 the  progress  and  status  of  the  projects  undertaken  by the RJSCB.
 Provided further, that if any such entities request information  on  the
 progress  and  status  of the projects prior to such report, it shall be
 provided to such entities by the RJSCB.
   [In addition, on] (B) ON or before June 30, 2021, or  upon  completion
 of  the 26 projects authorized in phase two pursuant to this act, which-
 ever shall first occur, the RJSCB shall issue a report to the city,  the
 city  school  district, the governor, the commissioner, the comptroller,
 the temporary president of the senate, the speaker of the assembly,  the
 minority  leader of the senate, the minority leader of the assembly, the
 state board of regents, and the chairs and ranking minority  members  of
 the  New  York  state  senate  and assembly committees on education, the
 finance committee of the New York state senate, and the ways  and  means
 committee of the New York state assembly. Such report shall identify the
 fiscal  and  pedagogical  results of the projects undertaken pursuant to
 this act, along with recommendations for its continuance, amendments, or
 discontinuance.
   (C) ON OR BEFORE JUNE 30, 2026, OR UPON COMPLETION OF  THE  15  SCHOOL
 BUILDING PROJECTS AUTHORIZED IN PHASE THREE PURSUANT TO THIS ACT, WHICH-
 EVER  SHALL FIRST OCCUR, THE RJSCB SHALL ISSUE A REPORT TO THE CITY, THE
 CITY SCHOOL DISTRICT, THE GOVERNOR, THE COMMISSIONER,  THE  COMPTROLLER,
 THE  TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
 MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY,  THE
 STATE  BOARD  OF REGENTS, AND THE CHAIRS AND RANKING MINORITY MEMBERS OF
 THE NEW YORK STATE SENATE AND  ASSEMBLY  COMMITTEES  ON  EDUCATION,  THE
 FINANCE  COMMITTEE  OF THE NEW YORK STATE SENATE, AND THE WAYS AND MEANS
 COMMITTEE OF THE NEW YORK STATE ASSEMBLY. SUCH REPORT SHALL IDENTIFY THE
 FISCAL AND PEDAGOGICAL RESULTS OF THE PROJECTS  UNDERTAKEN  PURSUANT  TO
 THIS ACT, ALONG WITH RECOMMENDATIONS FOR ITS CONTINUANCE, AMENDMENTS, OR
 DISCONTINUANCE.
   § 6. Chapter 416 of the laws of 2007, establishing the city of Roches-
 ter  and  the board of education of the city school district of the city
 of Rochester school facilities modernization program act, is amended  by
 adding a new section 21-a to read as follows:

 A. 7976                            10
 
   § 21-A. ANY PERSON WHO KNOWINGLY FILES A FALSE WRITTEN REPORT OR OTHER
 FALSE  WRITTEN  INSTRUMENT  WITH  THE  RJSCB, THE INDEPENDENT COMPLIANCE
 OFFICER OR PROGRAM MANAGER MAY BE SUBJECT TO CRIMINAL PENALTIES PURSUANT
 TO THE APPLICABLE PROVISIONS OF THE PENAL LAW IN ADDITION TO  ANY  OTHER
 PENALTIES AUTHORIZED BY LAW.
   § 7. This act shall take effect immediately.