NY State Senate Bill 2021-S1761A

Senate Bill S1761A

Signed By Governor

2021-2022 Legislative Session

Relates to the authority to modernize educational facilities in the city of Rochester

download bill text pdf

Archive: Last Bill Status Via A993 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 15, 2021	signed chap.614
Nov 03, 2021	delivered to governor
Jun 01, 2021	returned to assembly passed senate 3rd reading cal.1267 substituted for s1761c
Jun 01, 2021	substituted by a993a
May 24, 2021	ordered to third reading cal.1267 committee discharged and committed to rules
May 12, 2021	print number 1761c
May 12, 2021	amend and recommit to finance
May 11, 2021	reported and committed to finance
May 04, 2021	print number 1761b
May 04, 2021	amend and recommit to education reported and committed to education
Apr 28, 2021	print number 1761a
Apr 28, 2021	amend (t) and recommit to cities 2
Feb 05, 2021	committee discharged and committed to cities 2
Jan 15, 2021	referred to education

Votes

- Jun 1, 2021 - Floor Vote
  A993
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  May 24, 2021 - Rules Committee Vote
  S1761A
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 24, 2021
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins
      
      aye wr (1)
      
      O'Mara
  May 11, 2021 - Education Committee Vote
  S1761A
  
  14
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: May 11, 2021
      
      aye (14)
      
      Addabbo Jr.
      
      Brooks
      
      Brouk
      
      Griffo
      
      Jackson
      
      Liu
      
      Mannion
      
      Mayer
      
      Oberacker
      
      Reichlin-Melnick
      
      Ryan
      
      Stavisky
      
      Stec
      
      Tedisco
      
      aye wr (1)
      
      Weik
  May 4, 2021 - Cities 2 Committee Vote
  S1761A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cities 2 Committee Vote: May 4, 2021
      
      aye (7)
      
      Breslin
      
      Cooney
      
      Griffo
      
      Kennedy
      
      May
      
      Mayer
      
      Rath III

Bill Amendments

Original

C (Active)

co-Sponsors

2021-S1761 - Details

Law Section:: Education Law
Laws Affected:: Amd §§2, 3, 4, 5, 6, 9, 10, 11 & 21, Chap 416 of 2007; amd §3602, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S6245

2021-S1761 - Summary

Amends the city of Rochester and the board of education of the city school district of the city of Rochester school facilities modernization program act by granting further authority to the RJSCB to modernize educational facilities in the city of Rochester.

2021-S1761 - Sponsor Memo

                                
 
BILL NUMBER: S1761

SPONSOR: COONEY
 
TITLE OF BILL:

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 educa-
tional facilities in the city of Rochester

 
PURPOSE:

For the purpose of helping the City of Rochester's struggling schools
improve, making the most efficient use of available resources; and to
maximize the educational benefit of the reconstruction and moderniza-
tion. of Rochester City School District buildings; the need to improve
the efficiency, schedule, economics and quality of the ongoing multi-
phase school facilities modernization program is immediate and longterm.

The Rochester City School District has a state-approved improvement plan
in place, which includes an Education Partnership Organization "EPO"

agreement with the University of Rochester at East High School that
requires significant renovations and adequate spatial needs to properly
deliver the required educational program. Additional work is needed at
the Monroe High School Campus to address remaining scope of work includ-
ing but not limited to window replacement, associated AHERA and hazmat
issues, inadequate teaching and support spaces, including a new swimming
pool as a teaching station that can be shared with the general public
after school hours. To address the modernization goals at Edison Tech-
nology Campus, major structural remediation, health and safety, and
other infrastructure work are required. Health and safety work is also
needed at other high schools to address critical work items identified
in the City School District's building condition survey.

Critical infrastructure and program related work is also needed at
several other elementary schools (specific schools shall be selected by
the School District's Superintendent of Schools or his/her Designee).
The Amendment to the Special Legislation that authorized the RSMP Phase
II allowed the effective doubling of the Maximum Cost Allowance (MCA)
for the Elementary Schools approved as Phase II Projects, which shall be
likewise extended to Phase III. Such an action will assure each Project
undertaken is complete in scope within its approved Phase, and delivered
in a cost effective as well as timely manner. Similarly, in lieu of the
traditional five (5) years, the provision stipulating a ten (10) year
window will be in effect before any Phase III Elementary School would
again become eligible for building aid reimbursement, unless otherwise
authorized by this special legislation. A direct benefit of extending
the MCA and reset window is the duration for the most vulnerable young
students in temporary 'swing space' during the construction work along
with its unavoidable and undesirable adverse impacts upon learning will
be minimized to the fullest extent practical.

In consideration of this authorization, the proposed school buildings
for Phase III need adequate budgeting that may exceed the typical cost
allowances to accomplish their comprehensive and coordinated moderniza-
tion goals with an estimated cost of $550 million. The RSMP Phase III
would be based upon the seamless integration of tested educational
initiatives and the specific Program of instructional and support spaces
proposed by the Superintendent of Schools, or designee. As such, the
Program is also expected to meet or exceed the minimum standards of the
New York State Education Department. Based upon the review for the
reasonableness of best practices and equity by the State Commissioner of
Education, the proposed Program of instructional and support spaces, as
well as select land acquisition opportunities (e.g., Schools 4, 22 and
54) to augment currently undersized site areas to better comply with, or
come closer to, SED minimum standards; along with the respective site
improvements to enable proper use for needed school activities, shall be
deemed fully eligible to receive building aid reimbursement as if they
were similar or nearly equivalent to those identified in the SED Manual
of Planning Guidelines.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 2 of chapter 416 of the laws of
2007 by including four new subdivisions (p), (q), (r), (s) and which
further define the role of the Program Manager, the Independent compli-
ance Officer (ICO), and provide definitions for Capital Improvement
Plan, Comprehensive Facilities Modernization Plan, MWBE/DBE Outreach and
Utilization Plan.

Section 2 of the bill amends subdivision b of section 3 of chapter 416
of the laws of 2007 by clarifying that the RJSCB shall continue to exist
to provide continuing management and oversight of the multi-phase facil-
ities modernization program.

Section 3 of the bill amends Sections 4, 5, 9, 10, 11, and 21 of chapter
416 of the laws of 2007, as amended by chapter 533 of the laws of 2014,
by:

*Authorizing another fifteen (15) school building projects in Phase III,
plus a district-wide technology project in Phase III up to a total cost
of $550;

*Delineating the process for developing the Comprehensive School Facili-
ties Modernization Plan for Phase III and providing the RJSCB the option
to extend the contracts of the Phase II Program Manager and the ICO for
Phase III, or select the Program Manager and ICO separately pursuant to
the competitive process established in Sections 10 and 11 of this act;

*Clarifying the diversity goals, pre-apprenticeship and apprenticeship
admission requirements of the RJSCB;

*Providing the RJSCB the option to extend the contract of the Phase II
Program Manager for Phase III or select the Program Manager pursuant to
the competitive process established in Section 8 of the Act;

*Providing the RJSCB the option to extend the contract of the Phase II
Independent Compliance Officer (ICO) for Phase III or select the ICO
pursuant to the competitive process established in Section 8 of the Act
and further clarifying the role and responsibilities of the ICO; and
*Extending the annual reporting to June 30, 2030.

Section 4 of this bill adds anew section 21-a which creates criminal
penalties for any person who knowingly files a false written report or
other false written instrument with the RJSCB, the ICO, or Program
Manager.
Section 5 establishes the effective date.

 
JUSTIFICATION:

From their Phase I and Phase II experience, the City, the City School
District and the Rochester Joint School Construction Board have learned
how to most efficiently use limited resources, deliver completed
projects in a timely manner and minimize disruption to the educational
experience of students during construction. They have applied this expe-
rience in developing the Phases III Strategic Plan. Chapter 533 of the
laws of 2014 authorized Phase II of the program, which involved rebuild-
ing 13 schools in the City, at a cost of up to $435 million. Chapter 416
of the laws of 2007 authorized the first phase of construction to
rebuild 13 public schools in the City of Rochester.

It has long been recognized that a healthy and welcoming learning envi-
ronment promotes greater educational attainment. Phases I and II of the
Rochester Schools Modernization Program (RSMP) being managed by the
Rochester Joint School Construction Board are in closeout, or still
ongoing, and involve the investment of $325 million in Phase I for the
reconstruction or rehabilitation of 13 schools, and $435 million for the
reconstruction or rehabilitation of another 13 schools in Phase II.

Any gap in the ongoing construction schedule for this multi-phase
modernization program will have an adverse impact on the efficient
execution of the Program, increase the costs of these projects, restrict
the use of limited resources and unnecessarily disrupt the academic
process. Any gap would also adversely disrupt the significant momentum
and success of the Business and Workforce Development program which is a
vital diversity initiative in the greater Rochester region as a result
of the RSMP capital investments.  Specifically, the coordinated effort
should culminate in deeper familiarity, earlier in the process, as well
as a more efficient and expedited Final Review Approval that allows the
bidding and award of construction contracts, and actual occcupancy of
the completed Projects to occur as close to the approved RSMP Phase III
Strategic Plan Master Schedule as practical.

Passage of this legislation is necessary to prevent a lapse in
construction and will allow for a seamless transition from Phase II to
Phase III. This legislation would continue at the preference of, and
interest of, the RJSCB to ensure successful oversight in terms of
Program Management and other professional services performed in the RSMP
Phase II implementation, guaranteeing strict preservation of transparen-
cy and accountability.

 
LEGISLATIVE HISTORY:

S.6245A (Robach)- REFERRED TO EDUCATION

Phase I of this Program was authorized through Chapter 416 of the Laws
of 2007. Phase II was authorized through Chapter 533 of the laws of
2014, and through Chapter 92 of the Laws of 2016 signed by the Governor
of the State of, New York on July 5, 2016.

 
FISCAL IMPLICATIONS:



Total cost to the State and Local government to be determined. This
legislation authorizes construction up to $550 million for the proposed
Phase III Strategic Plan.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1761 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1761
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2021
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed 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. 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
 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 and four new subdivisions (p), (q), (r) and
 (s) are added to read as follows:
   (g) "Project" shall mean 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]
 BUILDINGS, including but not limited to items located at sites not with-
 in a project that will allow the RJSCB to conduct district-wide technol-
 ogy improvements to benefit existing school buildings; [and/or] (3)  the
 acquisition  of  additional  real property by the city to facilitate the
 project; AND/OR (4) THE ACQUISITION OF ADDITIONAL REAL PROPERTY  BY  THE
 CITY TO FACILITATE THE PROJECT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05197-01-1

 S. 1761                             2
 
   (i)  "Program  manager"  shall  mean an independent program management
 firm hired by the RJSCB to OVERSEE THE IMPLEMENTATION OF THE  FACILITIES
 MODERNIZATION PLAN, AND TO assist it in: (i) developing 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) manag-
 ing such projects; 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  firm
 hired  by the RJSCB with an in-depth knowledge base and breadth of expe-
 rience conducting minority and women-owned  business  enterprise  (MWBE)
 and disadvantaged business enterprise (DBE) utilization compliance moni-
 toring  for  public  contracts  within  New York state, including school
 districts 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. SUCH FIRM SHALL  SUPPORT  FACILI-
 TIES MODERNIZATION PHASE THREE PROGRAM AND THE PROGRAM MANAGER BY DEVEL-
 OPING AND IMPLEMENTING AN MWBE/DBE OUTREACH AND UTILIZATION PLAN FOR THE
 GOVERNANCE  OF  ALL  CONTRACTS  TO  ENSURE  COMPLIANCE WITH ALL FEDERAL,
 STATE, AND LOCAL LAWS, RULES, AND REGULATIONS APPLICABLE.
   (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  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  COMMISSIONER, AND SUCH OTHER MATTERS SET
 FORTH IN THIS SECTION; WHICH PLAN SHALL IDENTIFY BY THE NUMBER OF BUILD-
 INGS 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  OUTREACH  AND  UTILIZATION  PLAN"  SHALL  MEAN  A  PLAN
 PREPARED  BY  THE INDEPENDENT COMPLIANCE OFFICER AND THE PROGRAM MANAGER
 TO THE SATISFACTION OF THE RJSCB TO MEET THE  GOALS  SET  FORTH  IN  THE
 RJSCB APPROVED DIVERSITY PLAN.
   (S) "SED" SHALL MEAN THE NEW YORK STATE DEPARTMENT OF EDUCATION.
   §  2. 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, AND SERVE AT THE PLEASURE OF  the  mayor  of

 S. 1761                             3
 
 the city; three of whom shall be appointed by, AND SERVE AT THE PLEASURE
 OF  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 inde-
 pendent 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] 2021  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.
   § 3. Sections 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  FIVE  HUNDRED
 FIFTY  MILLION DOLLARS IN PHASE THREE shall be authorized and undertaken
 pursuant to this act, unless otherwise authorized by law. MONEYS  WITHIN
 SUCH  LIMITS  MAY  BE APPLIED FOR THE PLANNING COSTS ASSOCIATED WITH THE
 SUBSEQUENT PHASE OF THE RSMP.
   § 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 $550,000,000 IN PHASE THREE for
 projects undertaken pursuant to this act shall not  be  considered  when
 determining  the "city amount" required pursuant to subparagraph (ii) of

 S. 1761                             4
 
 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 pursuant 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) esti-
 mates 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 find-
 ings 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  of]
 RE-BID  SUCH  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 accordance 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  strate-
 gies  that  would  create  and  coordinate  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.
   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

 S. 1761                             5
 
 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, DIRECT ADMISSION, PRE-APPRENTICESHIP, AND APPRENTICESHIP  PARTIC-
 IPATION.
   (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.
   (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 and that the design
 and construction standards of such  project  shall  be  subject  to  the
 review  and  approval  of  the  commissioner.  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  with  respect  to  each  project  undertaken
 pursuant  to this act, the RJSCB shall consider the financial and organ-
 izational capacity of contractors and subcontractors in relation to  the
 magnitude  of  work  they  may  perform,  the  record  of performance of
 contractors and subcontractors on previous work, the record of  contrac-
 tors  and  subcontractors in complying with existing labor standards and
 maintaining harmonious labor relations, and the commitment  of  contrac-

 S. 1761                             6
 
 tors to work with minority and women-owned business enterprises pursuant
 to  article  15-A of the executive law through joint ventures or subcon-
 tractor relationships.  The RJSCB shall further require, on any contract
 in excess of one million dollars for construction, reconstruction, demo-
 lition,  excavation,  rehabilitation, repair, renovation, alteration, or
 improvement, WHICH USE APPRENTICE-ABLE  AND  CONSTRUCTION-RELATED  TRADE
 CLASSIFICATIONS,  THAT  ARE  ALSO SUBJECT TO THE APPRENTICESHIP REQUIRE-
 MENTS OF THIS PARAGRAPH that each contractor [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 graduated 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 APPRENTICE-
 SHIP REQUIREMENTS, ANY SUBCONTRACTORS LET BY THE PRIME  CONTRACTOR  OVER
 FIVE  HUNDRED  THOUSAND DOLLARS, WHICH USE APPRENTICE-ABLE AND CONSTRUC-
 TION-RELATED TRADE CLASSIFICATIONS, ARE ALSO SUBJECT TO THE  APPRENTICE-
 SHIP 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, design-
 ing,  and  constructing new and/or reconstructing existing school build-
 ings, public facilities, commercial  facilities,  and/or  infrastructure
 facilities, and in the negotiation and management of labor contracts and
 agreements,  training programs, educational programs, and physical tech-
 nological 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  verifica-
 tion  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 (ICO).   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

 S. 1761                             7
 
 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
 participation opportunities to be  followed  by  prime  contractors  and
 subcontractors  for  such  projects;  review,  modify  if necessary, and
 approve the preliminary diversity plan established pursuant  to  section
 five of this act; provide OUTREACH AND 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 requirements contained  in  the  approved  diversity
 plan,  for any such project; identify contractors in non-compliance with
 any such requirements 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;  develop and work with the RJSCB to enforce agreed finan-
 cial or monetary sanctions for any contractor's non-compliance with  the
 MWBE/DBE  utilization master plan.  In addition, the independent compli-
 ance 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 main-
 tain records and documentation to confirm compliance with any applicable
 requirements for each project; identify  contractors  in  non-compliance
 with  any  such  APPLICABLE requirements FOR EACH PROJECT INCLUDING SITE
 VISITS AS NECESSARY, AT LEAST TWICE MONTHLY; 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] 14 projects, INCLUDING DISTRICT-WIDE TECHNOLOGY, authorized
 in phase two pursuant to this act,  whichever  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, 2031, OR UPON COMPLETION OF  THE  16  SCHOOL
 BUILDING  PROJECTS,  INCLUDING  DISTRICT-WIDE  TECHNOLOGY, AUTHORIZED IN
 PHASE THREE PURSUANT TO THIS ACT, WHICHEVER SHALL FIRST OCCUR, THE RJSCB
 SHALL ISSUE A REPORT TO THE CITY, THE CITY SCHOOL DISTRICT,  THE  GOVER-
 NOR,  THE  COMMISSIONER, THE COMPTROLLER, THE TEMPORARY PRESIDENT OF THE

 S. 1761                             8
 
 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  RECOMMENDA-
 TIONS FOR ITS CONTINUANCE, AMENDMENTS, OR DISCONTINUANCE.
   § 4. 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:
   § 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.
   § 5. This act shall take effect immediately.

co-Sponsors

2021-S1761A - Details

Law Section:: Education Law
Laws Affected:: Amd §§2, 3, 4, 5, 6, 9, 10, 11 & 21, Chap 416 of 2007; amd §3602, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S6245

2021-S1761A - Summary

2021-S1761A - Sponsor Memo

                                
 
BILL NUMBER: S1761A         Revised 4/30/2021

SPONSOR: COONEY
 
TITLE OF BILL:

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 educa-
tional facilities in the city of Rochester; and to amend the education
law, in relation to the computation of building aid

 
PURPOSE:

For the purpose of helping the City of Rochester's struggling schools
improve, making the most efficient use of available resources; and to
maximize the educational benefit of the reconstruction and moderniza-
tion. of Rochester City School District buildings; the need to improve
the efficiency, schedule, economics and quality of the ongoing multi-
phase school facilities modernization program is immediate and longterm.

The Rochester City School District has a state-approved improvement plan

in place, which includes an Education Partnership Organization "EPO"
agreement with the University of Rochester at East High School that
requires significant renovations and adequate spatial needs to properly
deliver the required educational program. Additional work is needed at
the Monroe High School Campus to address remaining scope of work includ-
ing but not limited to window replacement, associated AHERA and hazmat
issues, inadequate teaching and support spaces, including a new swimming
pool as a teaching station that can be shared with the general public
after school hours. To address the modernization goals at Edison Tech-
nology Campus, major structural remediation, health and safety, and
other infrastructure work are required. Health and safety work is also
needed at other high schools to address critical work items identified
in the City School District's building condition survey.

Critical infrastructure and program related work is also needed at
several other elementary schools (specific schools shall be selected by
the School District's Superintendent of Schools or his/her Designee).
The Amendment to the Special Legislation that authorized the RSMP Phase
II allowed the effective doubling of the Maximum Cost Allowance (MCA)
for the Elementary Schools approved as Phase II Projects, which shall be
likewise extended to Phase III. Such an action will assure each Project
undertaken is complete in scope within its approved Phase, and delivered
in a cost effective as well as timely manner. Similarly, in lieu of the
traditional five (5) years, the provision stipulating a ten (10) year
window will be in effect before any Phase III Elementary School would
again become eligible for building aid reimbursement, unless otherwise
authorized by this special legislation. A direct benefit of extending
the MCA and reset window is the duration for the most vulnerable young
students in temporary 'swing space' during the construction work along
with its unavoidable and undesirable adverse impacts upon learning will
be minimized to the fullest extent practical.  In consideration of this
authorization, the proposed school buildings for Phase III need adequate
budgeting that may exceed the typical cost allowances to accomplish
their comprehensive and coordinated modernization goals with an esti-
mated cost of $475 million. The RSMP Phase III would be based upon the
seamless integration of tested educational initiatives and the specific
Program of instructional and support spaces proposed by the Superinten-
dent of Schools, or designee. As such, the Program is also expected to
meet or exceed the minimum standards of the New York State Education
Department. Based upon the review for the reasonableness of best prac-
tices and equity by the State Commissioner of Education, the proposed
Program of instructional and support spaces, as well as select land
acquisition opportunities (e.g., Schools 4, 22 and 54) to augment
currently undersized site areas to better comply with, or come closer
to, SED minimum standards; along with the respective site improvements
to enable proper use for needed school activities, shall be deemed fully
eligible to receive building aid reimbursement as if they were similar
or nearly equivalent to those identified in the SED Manual of Planning
Guidelines.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 2 of chapter 416 of the laws of
2007 by including four new subdivisions (p), (q), (r), (s) and which
further define the Project and Independent Compliance Officer.

Section 2 of the bill amends subdivision b of section 3 of chapter 416
of the laws of 2007 by clarifying that the RJSCB shall serve at the
pleasure of the appointing authorities.

Section 3 of the bill amends Sections 4, 5, 6, 9, 10, 11, and 21 of
chapter 416 of the laws of 2007, as amended by chapter 533 of the laws
of 2014, by:

* Authorizing another thirteen (13) school building projects in Phase
III, plus a district-wide technology project in Phase III up to a total
cost of $475M;

* Delineating the process for developing the Comprehensive School Facil-
ities Modernization Plan for Phase III and providing the RJSCB the
option to extend the contracts of the Phase II Program Manager and the
ICO for Phase III, or select the Program Manager and ICO separately
pursuant to the competitive process established in sections 10 and 11 of
this act;

* Expanding on the requirement of RJSCB to submit estimate project
costs;

* Clarifying the diversity goals and apprenticeship admission require-
ments of the RJSCB;

* Providing the RJSCB the option to extend the contract of the Phase II
Program Manager for Phase III or select the Program Manager pursuant to
the competitive process established in Section 8 of the Act;

* Providing the RJSCB the option to extend the contract of the Phase II
Independent Compliance Officer (ICO) for Phase III or select the ICO
pursuant to the competitive process established in Section 8 of the Act
and further clarifying the role and responsibilities of the ICO; and

* Extending the annual reporting to June 30, 2031.

Section 4 of this bill amends section 3602 of the education law to allow
for multi-year cost allowances for certain projects.

Section.5 establishes the effective date.

 
JUSTIFICATION:

From their Phase I and Phase II experience, the City, the City School
District and the Rochester Joint School Construction Board have learned
how to most efficiently use limited resources, deliver completed
projects in a timely manner and minimize disruption to the educational
experience of students during construction. They have applied this expe-
rience in developing the Phases III Strategic Plan. Chapter 533 of the
laws of 2014 authorized Phase II of the program, which involved rebuild-
ing 13 schools in the City, at a cost of up to $435 million. Chapter 416
of the laws of 2007 authorized the first phase of construction to
rebuild 13 public schools in the City of Rochester. It has long been
recognized that a healthy and welcoming learning environment promotes
greater educational attainment. Phases I and II of the Rochester Schools
Modernization Program (RSMP) being managed by the Rochester Joint School
Construction Board are in closeout, or still ongoing, and involve the
investment of $325 million in Phase I for the reconstruction or rehabil-
itation of 13 schools, and $435 million for the reconstruction or reha-
bilitation of another 13 schools in Phase II.  Any gap in the ongoing
construction schedule for this multi-phase modernization program will
have an adverse impact on the efficient execution of the Program,
increase the costs of these projects, restrict the use of limited
resources and unnecessarily disrupt the academic process. Any gap would
also adversely disrupt the significant momentum and success of the Busi-
ness and Workforce Development program which is a vital diversity initi-
ative in the greater Rochester region as a result of the RSMP capital
investments.  Specifically, the coordinated effort should culminate in
deeper familiarity, earlier in the process, as well as a more efficient
and expedited Final Review Approval that allows the bidding and award of
construction contracts, and actual occcupancy of the completed Projects
to occur as close to the approved RSMP Phase III Strategic Plan Master
Schedule as practical.  Passage of this legislation is necessary to
prevent a lapse in construction and will allow for a seamless transition
from Phase II to Phase III. This legislation would continue at the pref-
erence of, and interest of, the RJSCB to ensure successful oversight in
terms of Program Management and other professional services performed in
the RSMP Phase II implementation, guaranteeing strict preservation of
transparency and accountability.

 
LEGISLATIVE HISTORY:

S.6245A (Robach)- REFERRED TO EDUCATION Phase I of this Program was
authorized through Chapter 416 of the Laws of 2007. Phase II was author-
ized through Chapter 533 of the laws of 2014, and through Chapter 92 of
the Laws of 2016 signed by the Governor of the State of, New York on
July 5, 2016.

 
FISCAL IMPLICATIONS:

Total cost to the State and Local government to be determined. This
legislation authorizes construction up to $470 million for the proposed
Phase III Strategic Plan.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all contracts
entered into, renewed, modified or amended on or after such effective
date.

2021-S1761A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1761--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2021
                                ___________
 
 Introduced by Sens. COONEY, BROUK -- read twice and ordered printed, and
   when  printed to be committed to the Committee on Education -- commit-
   tee discharged and said bill committed to the Committee on Cities 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 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;  and  to  amend  the
   education law, in relation to the computation of building aid
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions (g) 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 to read as follows:
   (g) "Project" shall mean work at an existing school building site that
 involves the design, reconstruction, or rehabilitation  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  acquisi-
 tion  and  installation  of all equipment necessary and attendant to and
 for the use of such existing school [building] BUILDINGS, 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 acquisition of addi-
 tional real property by the city to facilitate the project.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05197-06-1

 S. 1761--A                          2
 
   (j) "Independent compliance officer" shall mean  an  independent  firm
 hired  by the RJSCB with an in-depth knowledge base and breadth of expe-
 rience conducting minority and women-owned  business  enterprise  (MWBE)
 and disadvantaged business enterprise (DBE) utilization compliance moni-
 toring  for  public  contracts  within  New York state, including school
 districts 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.  SUCH  FIRM  SHALL  DEVELOP  AND
 IMPLEMENT  AN  MWBE/DBE OUTREACH AND UTILIZATION PLAN FOR THE GOVERNANCE
 OF ALL CONTRACTS TO ENSURE COMPLIANCE WITH ALL FEDERAL, STATE, AND LOCAL
 LAWS, RULES, AND REGULATIONS.
   § 2. 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 follows:
   (b) Such board shall be composed of seven  voting  members:  three  of
 whom  shall  be  appointed by, AND SERVE AT THE PLEASURE OF the mayor of
 the city; three of whom shall be appointed by, AND SERVE AT THE PLEASURE
 OF 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 inde-
 pendent 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  on  the effective date of the chapter of the laws of 2014
 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.
   § 3. Sections 4, 5, 6, 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 follows:
   § 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) 13 SCHOOL BUILDING PROJECTS,
 INCLUDING A DISTRICT-WIDE TECHNOLOGY PROJECT, UP TO A TOTAL COST OF FOUR
 HUNDRED SEVENTY-FIVE MILLION DOLLARS IN PHASE THREE shall be  authorized
 and undertaken pursuant to this act, unless otherwise authorized by law.
   §  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

 S. 1761--A                          3
 
 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 $475,000,000 IN  PHASE  THREE  for
 projects  undertaken  pursuant  to this act 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 pursuant 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) esti-
 mates 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 extend the contracts of the providers of professional services
 for phase one OR 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 of professional services shall be
 engaged 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 accordance with  subdivision  6  of
 section 3602 of the education law and the regulations of the commission-
 er;  and  (f) a [preliminary] diversity plan to develop diversity goals,
 including appropriate community input and public discussion, and develop
 strategies that would create and coordinate 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.
   Prior  to  the  development  of  the  comprehensive  school facilities
 modernization plan, the RJSCB and district shall  hold  as  many  public
 hearings as may be necessary to ensure sufficient public input and allow
 for significant 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 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
 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.

 S. 1761--A                          4

   § 6. Project selection.  Notwithstanding any general, special or local
 law  to  the  contrary  and upon approval by the comptroller pursuant to
 section five of this act, the RJSCB may select projects to be undertaken
 pursuant to this act, as provided for  in  such  approved  comprehensive
 plan.  After the RJSCB has selected a new project and plans and specifi-
 cations for such project have been prepared and approved by  the  RJSCB,
 which  are  consistent  with  the approved comprehensive plan, the RJSCB
 shall deliver such plans and specifications to the superintendent of the
 city school district and the mayor of the city of Rochester  for  review
 to  ensure that sufficient resources exist to pay the local share of any
 such project cost on an annual basis and that  the  plans  meet  program
 needs,  and upon the approval of the superintendent, to the commissioner
 for his or her  approval.  After  approval  by  the  superintendent  and
 commissioner,  the  plans  and  specifications  shall be returned to the
 RJSCB.  All such specifications shall detail the number of students  the
 completed  project is intended to serve, the site description, the types
 of subjects to be taught, the types of  activities  for  school,  recre-
 ational,  social,  safety, or other purposes intended to be incorporated
 in the school building or on its site and such other information as  the
 RJSCB  and  the  commissioner  shall  deem necessary or advisable.   The
 district program manager shall establish reasonable guidelines or limits
 on incidental costs to assure that to the greatest extent possible  such
 costs for each project do not exceed the state's maximum incidental cost
 allowance, in order to maximize efficient use of state building aid.
   Notwithstanding  any other provision of law to the contrary, the RJSCB
 shall submit estimated project costs for the projects authorized  pursu-
 ant  to  [subdivision]  SUBDIVISIONS (b) AND (C) of section four of this
 act ON A FORM PROVIDED  BY  THE  COMMISSIONER  OF  EDUCATION  after  the
 completion  of  schematic  plans  and  specifications  for review by the
 commissioner. [If] FOR PROJECTS AUTHORIZED PURSUANT TO  SUBDIVISION  (B)
 OF  SECTION FOUR OF THIS ACT, IF the total project costs associated with
 such projects exceed the sum of the estimated individual  approved  cost
 allowance of each building project by more than the lesser of 43 million
 dollars  or  ten  percent  of  the approved costs AUTHORIZED PURSUANT TO
 SUBDIVISION (B) OF SECTION  FOUR  OF  THIS  ACT,  and  the  city  school
 district  has  not  otherwise  demonstrated  to  the satisfaction of the
 education department the availability of  additional  local  shares  for
 such excess costs, then the RJSCB shall not proceed with the preparation
 of  final  plans and specifications for such projects until the projects
 have been redesigned or value-engineered  to  reduce  estimated  project
 costs so as not to exceed the above cost limits. FOR PROJECTS AUTHORIZED
 PURSUANT  TO  SUBDIVISION  (C) OF SECTION FOUR OF THIS ACT, IF THE TOTAL
 ESTIMATED BUILDING AID  PAYABLE  FOR  PROJECTS  AUTHORIZED  PURSUANT  TO
 SUBDIVISION  (C)  OF SECTION FOUR OF THIS ACT, BASED UPON THE SUM OF THE
 ESTIMATED INDIVIDUAL APPROVED COST ALLOWANCE OF EACH BUILDING,  IS  LESS
 THAN NINETY-FIVE PERCENT OF THE TOTAL PROJECT COSTS, THE RJSCB SHALL NOT
 PROCEED  WITH  PREPARATION  OF  FINAL  PLANS AND SPECIFICATIONS FOR SUCH
 PROJECTS UNTIL THE PROJECTS HAVE BEEN REDESIGNED OR VALUE ENGINEERED  TO
 REDUCE ESTIMATED COSTS SO AS NOT TO EXCEED THIS COST LIMIT.
   NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE RJSCB
 SHALL SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS AUTHORIZED  PURSU-
 ANT    TO SUBDIVISION (C) OF SECTION FOUR OF THIS ACT ON A FORM PROVIDED
 BY THE COMMISSIONER AFTER THE COMPLETION OF TWENTY-FIVE PERCENT  OF  THE
 FINAL  PLANS  AND  SPECIFICATIONS FOR REVIEW BY THE COMMISSIONER. IF THE
 TOTAL ESTIMATED BUILDING AID PAYABLE FOR PROJECTS AUTHORIZED PURSUANT TO
 SUBDIVISION (C) OF SECTION FOUR OF THIS ACT, BASED UPON THE SUM  OF  THE

 S. 1761--A                          5
 
 ESTIMATED  INDIVIDUAL  APPROVED COST ALLOWANCE OF EACH BUILDING, IS LESS
 THAN NINETY-FIVE PERCENT OF THE TOTAL PROJECT COSTS, THE RJSCB SHALL NOT
 PROCEED WITH THE COMPLETION OF THE REMAINING SEVENTY-FIVE PERCENT OF THE
 PLANS  AND SPECIFICATIONS FOR SUCH PROJECTS UNTIL THE PROJECTS HAVE BEEN
 REDESIGNED OR VALUE-ENGINEERED TO REDUCE ESTIMATED COSTS SO  AS  NOT  TO
 EXCEED THIS COST LIMIT.
   Notwithstanding  any other provision of law to the contrary, the RJSCB
 shall submit estimated project costs for the projects authorized  pursu-
 ant  to  [subdivision]  SUBDIVISIONS (b) AND (C) of section four of this
 act ON A FORM PROVIDED BY THE COMMISSIONER after the completion of fifty
 percent of the final plans and specifications for review by the  commis-
 sioner.  [If]  FOR  PROJECTS  AUTHORIZED  PURSUANT TO SUBDIVISION (B) OF
 SECTION FOUR OF THIS ACT, IF the total  project  costs  associated  with
 such  projects  exceed the sum of the estimated individual approved cost
 allowance of each building project by more than the lesser of 43 million
 dollars or ten percent of the  approved  costs  AUTHORIZED  PURSUANT  TO
 SUBDIVISION  (B)  OF  SECTION  FOUR  OF  THIS  ACT,  and the city school
 district has not otherwise  demonstrated  to  the  satisfaction  of  the
 education department the availability of additional local share for such
 excess  costs,  then  the RJSCB shall not proceed with the completion of
 the remaining fifty percent of the plans  and  specifications  for  such
 projects  until the projects have been redesigned or value-engineered to
 reduce estimated project costs so  as  not  to  exceed  the  above  cost
 limits.   FOR PROJECTS AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION
 FOUR OF THIS ACT, IF  THE  TOTAL  ESTIMATED  BUILDING  AID  PAYABLE  FOR
 PROJECTS  AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION FOUR OF THIS
 ACT, BASED UPON THE SUM OF THE ESTIMATED INDIVIDUAL APPROVED COST ALLOW-
 ANCE OF EACH BUILDING, IS LESS THAN NINETY-FIVE  PERCENT  OF  THE  TOTAL
 PROJECT  COSTS,  THE  RJSCB SHALL NOT PROCEED WITH THE COMPLETION OF THE
 REMAINING FIFTY  PERCENT  OF  THE  PLANS  AND  SPECIFICATIONS  FOR  SUCH
 PROJECTS  UNTIL THE PROJECTS HAVE BEEN REDESIGNED OR VALUE-ENGINEERED TO
 REDUCE ESTIMATED PROJECT COSTS SO AS NOT TO EXCEED THIS COST LIMIT.
   NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE RJSCB
 SHALL SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS AUTHORIZED  PURSU-
 ANT    TO SUBDIVISION (C) OF SECTION FOUR OF THIS ACT ON A FORM PROVIDED
 BY THE COMMISSIONER AFTER THE COMPLETION OF SEVENTY-FIVE PERCENT OF  THE
 FINAL  PLANS  AND SPECIFICATIONS FOR REVIEW BY THE COMMISSIONER.  IF THE
 TOTAL ESTIMATED BUILDING AID PAYABLE FOR PROJECTS AUTHORIZED PURSUANT TO
 SUBDIVISION (C) OF SECTION FOUR OF THIS ACT, BASED UPON THE SUM  OF  THE
 ESTIMATED  INDIVIDUAL  APPROVED COST ALLOWANCE OF EACH BUILDING, IS LESS
 THAN NINETY-FIVE PERCENT OF THE TOTAL PROJECT COSTS, THE RJSCB SHALL NOT
 PROCEED WITH THE COMPLETION OF THE REMAINING TWENTY-FIVE PERCENT OF  THE
 PLANS  AND SPECIFICATIONS FOR SUCH PROJECTS UNTIL THE PROJECTS HAVE BEEN
 REDESIGNED OR VALUE-ENGINEERED TO REDUCE ESTIMATED PROJECT COSTS  SO  AS
 NOT TO EXCEED THIS COST LIMIT.
   §  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

 S. 1761--A                          6
 
 projects to the projects authorized in  phase  [two]  THREE,  contingent
 upon  the  completion  of a supplemental project labor agreement benefit
 analysis.
   (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.
   (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 and that the design
 and construction standards of such  project  shall  be  subject  to  the
 review  and  approval  of  the  commissioner.  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.
   (D-1) ANY CONTRACT ENTERED INTO BY RESOLUTION OF THE RJSCB PURSUANT TO
 THIS  SECTION  SHALL CONTAIN A PROVISION PROVIDING THAT: (I) PAYMENT DUE
 ON SUCH CONTRACT SHALL BE WITHHELD WHERE THE CONTRACTOR HAS NOT PROVIDED
 NECESSARY INFORMATION  FOR  THE  RJSCB  TO  COMPLY  WITH  THE  REPORTING
 REQUIREMENTS  OF  THIS  ACT,  AS DETERMINED BY THE DEPARTMENT; AND SHALL
 CONTINUE TO BE WITHHELD UNTIL SUCH INFORMATION IS PROVIDED  SATISFACTORY
 TO  THE  DEPARTMENT;  AND  (II)  SUCH WITHHOLDING SHALL NOT CONSTITUTE A
 BREACH OF CONTRACT ENTITLING THE CONTRACTOR TO TERMINATE  SUCH  CONTRACT
 OR TO BE AWARDED DAMAGES.
   (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  with  respect  to  each  project  undertaken
 pursuant  to this act, the RJSCB shall consider the financial and organ-
 izational capacity of contractors and subcontractors in relation to  the

 S. 1761--A                          7
 
 magnitude  of  work  they  may  perform,  the  record  of performance of
 contractors and subcontractors on previous work, the record of  contrac-
 tors  and  subcontractors in complying with existing labor standards and
 maintaining  harmonious  labor relations, and the commitment of contrac-
 tors to work with minority and women-owned business enterprises pursuant
 to article 15-A of the executive law through joint ventures  or  subcon-
 tractor relationships.  The RJSCB shall further require, on any contract
 in excess of one million dollars for construction, reconstruction, demo-
 lition,  excavation,  rehabilitation, repair, renovation, alteration, or
 improvement that each contractor and subcontractor  shall  [participate]
 BE  ACTIVELY  PARTICIPATING  in  AN 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 graduated at least
 one apprentice in the  last  3  years;  have  at  least  one  apprentice
 currently  enrolled in such apprentice training program; and have demon-
 strated that the program has made significant  efforts  to  attract  and
 retain minority apprentices] PROGRAM REGISTERED IN THE STATE.
   §  10. Program managers.  (a) All contracts entered into by resolution
 of the RJSCB for projects for  phase  two  AND  PHASE  THREE  undertaken
 pursuant to this act shall be managed by an independent program manager.
 The  selection  of  the program manager shall be 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, design-
 ing,  and  constructing new and/or reconstructing existing school build-
 ings, public facilities, commercial  facilities,  and/or  infrastructure
 facilities, and in the negotiation and management of labor contracts and
 agreements,  training programs, educational programs, and physical tech-
 nological 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  verifica-
 tion  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 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.
   (C) ANY CONTRACT ENTERED INTO BY RESOLUTION OF THE  RJSCB  TO  HIRE  A
 PROGRAM  MANAGER  PURSUANT  TO  THIS  SECTION  SHALL CONTAIN A PROVISION
 PROVIDING THAT: (I) PAYMENT DUE ON SUCH CONTRACT SHALL BE WITHHELD WHERE
 THE PROGRAM MANAGER HAS NOT PROVIDED NECESSARY INFORMATION FOR THE RJSCB
 TO COMPLY WITH THE REPORTING REQUIREMENTS OF THIS ACT, AS DETERMINED  BY
 THE DEPARTMENT, AND SHALL CONTINUE TO BE WITHHELD UNTIL SUCH INFORMATION
 IS  PROVIDED  SATISFACTORY  TO THE DEPARTMENT; AND (II) SUCH WITHHOLDING
 SHALL NOT CONSTITUTE A BREACH OF CONTRACT ENTITLING THE PROGRAM  MANAGER
 TO TERMINATE SUCH CONTRACT OR TO BE AWARDED DAMAGES.
   (D)  ALL  RECORDS OF THE PROGRAM MANAGER RELATED TO THE RJSCB SHALL BE
 SUBJECT TO THE CITY SCHOOL DISTRICT'S ANNUAL EXTERNAL AUDIT AS SET FORTH
 IN SUBDIVISION THREE OF SECTION  TWENTY-ONE  HUNDRED  SIXTEEN-A  OF  THE
 EDUCATION  LAW  AND SHALL BE SUBJECT TO AUDITS OF THE STATE CONDUCTED BY

 S. 1761--A                          8
 
 THE COMPTROLLER AS SET FORTH IN SECTION   THIRTY-THREE  OF  THE  GENERAL
 MUNICIPAL LAW.
   §  11. Independent compliance officers.  All contracts entered into by
 resolution of the RJSCB for projects  for  phase  two  AND  PHASE  THREE
 undertaken  by  this act shall be monitored by an independent compliance
 officer.  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
 participation  opportunities  to  be  followed  by prime contractors and
 subcontractors 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 requirements contained  in  the  approved  diversity
 plan,  for any such project; identify contractors in non-compliance with
 any such requirements 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;  develop and work with the RJSCB to enforce agreed finan-
 cial or monetary sanctions for any contractor's non-compliance with  the
 MWBE/DBE  utilization master plan.  In addition, the independent compli-
 ance 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 main-
 tain 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] 52 projects authorized  pursuant  to
 this  act,  the  RJSCB  shall  issue a report to the governor, the comp-
 troller, 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, 2031, OR UPON COMPLETION OF THE 13 SCHOOL
 BUILDING PROJECTS, INCLUDING DISTRICT-WIDE TECHNOLOGY  PROJECT,  AUTHOR-
 IZED  IN  PHASE THREE PURSUANT TO THIS ACT, WHICHEVER SHALL FIRST OCCUR,

 S. 1761--A                          9
 
 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.
   (D)  REPORTING  REQUIREMENTS AND STATE AID. WHERE THE COMMISSIONER HAS
 DETERMINED THAT THE RJSCB HAS NOT COMPLIED WITH ANY  REPORTING  REQUIRE-
 MENT  PRESCRIBED  IN SECTION 21 OF THIS ACT, THE COMMISSIONER MAY TEMPO-
 RARILY WITHHOLD THE ALLOTMENT, APPORTIONMENT AND PAYMENT  OF  STATE  AID
 AND  ASSISTANCE  PURSUANT  TO  THE  EDUCATION  LAW  FROM THE CITY SCHOOL
 DISTRICT UNTIL SUCH TIME THAT THE RJSCB HAS COMPLIED WITH SUCH  REQUIRE-
 MENTS. PROVIDED FURTHER THAT IN THE EVENT STATE AID IS TEMPORARILY WITH-
 HELD  FROM  THE  CITY  SCHOOL  DISTRICT DUE TO REPORTING DEFICIENCIES AS
 PROVIDED IN THIS SECTION,  STATE  AID  PAYMENTS  SHALL  CONTINUE  TO  BE
 SUBJECT TO WITHHOLDING PURSUANT TO SECTION 99-B OF THE STATE FINANCE LAW
 SHOULD  THE CITY SCHOOL DISTRICT DEFAULT IN THE PAYMENT OF THE PRINCIPAL
 OF ITS BONDS OR NOTES ISSUED FOR PURPOSES OF THIS ACT OR THE PAYMENT  OF
 INTEREST  ON  SUCH BONDS OR NOTES OR IN THE PAYMENT OF BOTH PRINCIPAL OF
 AND INTEREST ON SUCH BONDS OR NOTES.
   § 4. Paragraph a of subdivision 6 of section 3602 of the education law
 is amended by adding a new subparagraph 9 to read as follows:
   (9) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  FOR
 THE PURPOSE OF COMPUTATION OF BUILDING AID FOR RECONSTRUCTION OR MODERN-
 IZING  OF  NO  MORE  THAN FIVE PROJECTS PURSUANT TO CHAPTER FOUR HUNDRED
 SIXTEEN OF THE LAWS OF TWO THOUSAND  SEVEN,  AS  AMENDED,  ENACTING  THE
 THIRD  PHASE  OF  THE  CITY OF ROCHESTER SCHOOL FACILITIES MODERNIZATION
 PROGRAM ACT, MULTI-YEAR COST ALLOWANCES FOR EACH PROJECT SHALL BE ESTAB-
 LISHED AND UTILIZED TWO TIMES IN THE FIRST FIVE-YEAR PERIOD.  SUBSEQUENT
 MULTI-YEAR COST ALLOWANCES SHALL BE ESTABLISHED NO SOONER THAN TEN YEARS
 AFTER  ESTABLISHMENT  OF  THE  FIRST  MAXIMUM  COST ALLOWANCE AUTHORIZED
 PURSUANT TO THIS SUBPARAGRAPH.
   § 5. This act shall take effect immediately and  shall  apply  to  all
 contracts  entered  into,  renewed, modified or amended on or after such
 effective date.

co-Sponsors

2021-S1761B - Details

Law Section:: Education Law
Laws Affected:: Amd §§2, 3, 4, 5, 6, 9, 10, 11 & 21, Chap 416 of 2007; amd §3602, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S6245

2021-S1761B - Summary

2021-S1761B - Sponsor Memo

                                
 
BILL NUMBER: S1761B

SPONSOR: COONEY
 
TITLE OF BILL:

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 educa-
tional facilities in the city of Rochester; and to amend the education
law, in relation to the computation of building aid

 
PURPOSE:

For the purpose of helping the City of Rochester's struggling schools
improve, making the most efficient use of available resources; and to
maximize the educational benefit of the reconstruction and moderniza-
tion. of Rochester City School District buildings; the need to improve
the efficiency, schedule, economics and quality of the ongoing multi-
phase school facilities modernization program is immediate and longterm.

The Rochester City School District has a state-approved improvement plan

in place, which includes an Education Partnership Organization "EPO"
agreement with the University of Rochester at East High School that
requires significant renovations and adequate spatial needs to properly
deliver the required educational program. Additional work is needed at
the Monroe High School Campus to address remaining scope of work includ-
ing but not limited to window replacement, associated AHERA and hazmat
issues, inadequate teaching and support spaces, including a new swimming
pool as a teaching station that can be shared with the general public
after school hours. To address the modernization goals at Edison Tech-
nology Campus, major structural remediation, health and safety, and
other infrastructure work are required. Health and safety work is also
needed at other high schools to address critical work items identified
in the City School District's building condition survey.

Critical infrastructure and program related work is also needed at
several other elementary schools (specific schools shall be selected by
the School District's Superintendent of Schools or his/her Designee).
The Amendment to the Special Legislation that authorized the RSMP Phase
II allowed the effective doubling of the Maximum Cost Allowance (MCA)
for the Elementary Schools approved as Phase II Projects, which shall be
likewise extended to Phase III. Such an action will assure each Project
undertaken is complete in scope within its approved Phase, and delivered
in a cost effective as well as timely manner. Similarly, in lieu of the
traditional five (5) years, the provision stipulating a ten (10) year
window will be in effect before any Phase III Elementary School would
again become eligible for building aid reimbursement, unless otherwise
authorized by this special legislation. A direct benefit of extending
the MCA and reset window is the duration for the most vulnerable young
students in temporary 'swing space' during the construction work along
with its unavoidable and undesirable adverse impacts upon learning will
be minimized to the fullest extent practical.

In consideration of this authorization, the proposed school buildings
for Phase III need adequate budgeting that may exceed the typical cost
allowances to accomplish their comprehensive and coordinated moderniza-
tion goals with an estimated cost of $475 million. The RSMP Phase III
would be based upon the seamless integration of tested educational
initiatives and the specific Program of instructional and support spaces
proposed by the Superintendent of Schools, or designee. As such, the
Program is also expected to meet or exceed the minimum standards of the
New York State Education Department. Based upon the review for the
reasonableness of best practices and equity by the State Commissioner of
Education, the proposed Program of instructional and support spaces, as
well as select land acquisition opportunities (e.g., Schools 4, 22 and
54) to augment currently undersized site areas to better comply with, or
come closer to, SED minimum standards; along with the respective site
improvements to enable proper use for needed school activities, shall be
deemed fully eligible to receive building aid reimbursement as if they
were similar or nearly equivalent to those identified in the SED Manual
of Planning Guidelines.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 2 of chapter 416 of the laws of
2007 by including four new subdivisions (p), (q), (r), (s) and which
further define the Project and Independent Compliance Officer.

Section 2 of the bill amends Sections 4, 5, 6, 9, 10, 11, and 21 of
chapter 416 of the laws of 2007, as amended by chapter 533 of the laws
of 2014, by:  *Authorizing another thirteen (13) school building
projects in Phase III to a total cost of $475M;

* Delineating the process for developing the Comprehensive School Facil-
ities Modernization Plan for Phase III and providing the RJSCB the
option to extend the contracts of the Phase II Program Manager and the
ICO for Phase III, or select the Program Manager and ICO separately
pursuant to the competitive process established in sections 10 and 11 of
this act;

* Expanding on the requirement of RJSCB to submit estimate project
costs;

* Clarifying the diversity goals and apprenticeship admission require-
ments of the RJSCB;

* Providing the RJSCB the option to extend the contract of the Phase II
Program Manager for Phase III or select the Program Manager pursuant to
the competitive process established in Section 8 of the Act;

* Providing the RJSCB the option to extend the contract of the Phase II
Independent Compliance Officer (ICO) for Phase III or select the ICO
pursuant to the competitive process established in Section 8 of the Act
and further clarifying the role and responsibilities of the ICO; and

*Extending the annual reporting to June 30, 2031.

Section 3 of this bill amends section 3602 of the education law to allow
for multi-year cost allowances for certain projects.

Section 4 establishes the effective date.

 
JUSTIFICATION:

From their Phase I and Phase II experience, the City, the City School
District and the Rochester Joint School Construction Board have learned
how to most efficiently use limited resources, deliver completed
projects in a timely manner and minimize disruption to the educational
experience of students during construction. They have applied this expe-
rience in developing the Phases III Strategic Plan. Chapter 533 of the
laws of 2014 authorized Phase II of the program, which involved rebuild-
ing 13 schools in the City, at a cost of up to $435 million. Chapter 416
of the laws of 2007 authorized the first phase of construction to
rebuild 13 public schools in the City of Rochester. It has long been
recognized that a healthy and welcoming learning environment promotes
greater educational attainment. Phases I and II of the Rochester Schools
Modernization Program (RSMP) being managed by the Rochester Joint School
Construction Board are in closeout, or still ongoing, and involve the
investment of $325 million in Phase I for the reconstruction or rehabil-
itation of 13 schools, and $435 million for the reconstruction or reha-
bilitation of another 13 schools in Phase II.  Any gap in the ongoing
construction schedule for this multi-phase modernization program will
have an adverse impact on the efficient execution of the Program,
increase the costs of these projects, restrict the use of limited
resources and unnecessarily disrupt the academic process. Any gap would
also adversely disrupt the significant momentum and success of the Busi-
ness and Workforce Development program which is a vital diversity initi-
ative in the greater Rochester region as a result of the RSMP capital
investments.  Specifically, the coordinated effort should culminate in
deeper familiarity, earlier in the process, as well as a more efficient
and expedited Final Review Approval that allows the bidding and award of
construction contracts, and actual occcupancy of the completed Projects
to occur as close to the approved RSMP Phase III Strategic Plan Master
Schedule as practical.

Passage of this legislation is necessary to prevent a lapse in
construction and will allow for a seamless transition from Phase II to
Phase III. This legislation would continue at the preference of, and
interest of, the RJSCB to ensure successful oversight in terms of
Program Management and other professional services performed in the RSMP
Phase II implementation, guaranteeing strict preservation of transparen-
cy and accountability.

 
LEGISLATIVE HISTORY:

S.6245A (Robach)- REFERRED TO EDUCATION Phase I of this Program was
authorized through Chapter 416 of the Laws of 2007. Phase II was author-
ized through Chapter 533 of the laws of 2014, and through Chapter 92 of
the Laws of 2016 signed by the Governor of the State of, New York on
July 5, 2016.

 
FISCAL IMPLICATIONS:

Total cost to the State and Local government to be determined. This
legislation authorizes construction up to $470 million for the proposed
Phase III Strategic Plan.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all contracts
entered into, renewed, modified or amended on or after such effective
date.

2021-S1761B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1761--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2021
                                ___________
 
 Introduced by Sens. COONEY, BROUK -- read twice and ordered printed, and
   when  printed to be committed to the Committee on Education -- commit-
   tee discharged and said bill committed to the Committee on Cities 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to said committee -- reported favorably from said commit-
   tee  and  committed  to  the  Committee  on  Education  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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;  and  to  amend  the
   education law, in relation to the computation of building aid
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions (g) 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 to read as follows:
   (g) "Project" shall mean work at an existing school building site that
 involves the design, reconstruction, or rehabilitation  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  acquisi-
 tion  and  installation  of all equipment necessary and attendant to and
 for the use of such existing school [building] BUILDINGS, including  but
 not  limited  to  items  located at sites not within a project that will
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05197-09-1

 S. 1761--B                          2
 
 allow the RJSCB to  conduct  district-wide  technology  improvements  to
 benefit  existing  school buildings; and/or (3) the acquisition of addi-
 tional real property by the city to facilitate the project.
   (j)  "Independent  compliance  officer" shall mean an independent firm
 hired by the RJSCB with an in-depth knowledge base and breadth of  expe-
 rience  conducting  minority  and women-owned business enterprise (MWBE)
 and disadvantaged business enterprise (DBE) utilization compliance moni-
 toring for public contracts within  New  York  state,  including  school
 districts  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. SUCH FIRM SHALL DEVELOP AND
 IMPLEMENT AN MWBE/DBE OUTREACH AND UTILIZATION PLAN FOR  THE  GOVERNANCE
 OF ALL CONTRACTS TO ENSURE COMPLIANCE WITH ALL FEDERAL, STATE, AND LOCAL
 LAWS, RULES, AND REGULATIONS.
   §  2. Sections 4, 5, 6, 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 follows:
   §  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) 13 SCHOOL BUILDING PROJECTS, UP TO
 A TOTAL COST OF FOUR HUNDRED SEVENTY-FIVE MILLION DOLLARS IN PHASE THREE
 shall be authorized and undertaken pursuant to this act,  unless  other-
 wise authorized by law.
   §  5.  Comprehensive school facilities modernization plan.  The super-
 intendent shall submit to the RJSCB a comprehensive  draft  plan  recom-
 mending  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 $475,000,000 IN  PHASE  THREE  for
 projects  undertaken  pursuant  to this act 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 pursuant 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) esti-
 mates 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

 S. 1761--B                          3
 
 independent  compliance  officer  and all contractors; provided that the
 RJSCB may extend the contracts of the providers of professional services
 for phase one OR 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 AND  PHASE  THREE  will  be
 rebid, and provided further that the program manager and the independent
 compliance  officer  and  any new or different providers of professional
 services shall be engaged 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  accordance
 with  subdivision  6  of section 3602 of the education law and the regu-
 lations 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.
   Prior to  the  development  of  the  comprehensive  school  facilities
 modernization  plan,  the  RJSCB  and district shall hold as many public
 hearings as may be necessary to ensure sufficient public input and allow
 for significant 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 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
 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.
   § 6. Project selection.  Notwithstanding any general, special or local
 law to the contrary and upon approval by  the  comptroller  pursuant  to
 section five of this act, the RJSCB may select projects to be undertaken
 pursuant  to  this  act,  as provided for in such approved comprehensive
 plan. After the RJSCB has selected a new project and plans and  specifi-
 cations  for  such project have been prepared and approved by the RJSCB,
 which are consistent with the approved  comprehensive  plan,  the  RJSCB
 shall deliver such plans and specifications to the superintendent of the
 city  school  district and the mayor of the city of Rochester for review
 to ensure that sufficient resources exist to pay the local share of  any
 such  project  cost  on  an annual basis and that the plans meet program
 needs, and upon the approval of the superintendent, to the  commissioner
 for  his  or  her  approval.  After  approval  by the superintendent and
 commissioner, the plans and specifications  shall  be  returned  to  the
 RJSCB.   All such specifications shall detail the number of students the
 completed project is intended to serve, the site description, the  types
 of  subjects  to  be  taught, the types of activities for school, recre-
 ational, social, safety, or other purposes intended to  be  incorporated
 in  the school building or on its site and such other information as the
 RJSCB and the commissioner shall  deem  necessary  or  advisable.    The
 district program manager shall establish reasonable guidelines or limits
 on  incidental costs to assure that to the greatest extent possible such

 S. 1761--B                          4
 
 costs for each project do not exceed the state's maximum incidental cost
 allowance, in order to maximize efficient use of state building aid.
   Notwithstanding  any other provision of law to the contrary, the RJSCB
 shall submit estimated project costs for the projects authorized  pursu-
 ant  to  [subdivision]  SUBDIVISIONS (b) AND (C) of section four of this
 act ON A FORM PROVIDED  BY  THE  COMMISSIONER  OF  EDUCATION  after  the
 completion  of  schematic  plans  and  specifications  for review by the
 commissioner. [If] FOR PROJECTS AUTHORIZED PURSUANT TO  SUBDIVISION  (B)
 OF  SECTION FOUR OF THIS ACT, IF the total project costs associated with
 such projects exceed the sum of the estimated individual  approved  cost
 allowance of each building project by more than the lesser of 43 million
 dollars  or  ten  percent  of  the approved costs AUTHORIZED PURSUANT TO
 SUBDIVISION (B) OF SECTION  FOUR  OF  THIS  ACT,  and  the  city  school
 district  has  not  otherwise  demonstrated  to  the satisfaction of the
 education department the availability of  additional  local  shares  for
 such excess costs, then the RJSCB shall not proceed with the preparation
 of  final  plans and specifications for such projects until the projects
 have been redesigned or value-engineered  to  reduce  estimated  project
 costs so as not to exceed the above cost limits. FOR PROJECTS AUTHORIZED
 PURSUANT  TO  SUBDIVISION  (C) OF SECTION FOUR OF THIS ACT, IF THE TOTAL
 ESTIMATED BUILDING AID  PAYABLE  FOR  PROJECTS  AUTHORIZED  PURSUANT  TO
 SUBDIVISION  (C)  OF SECTION FOUR OF THIS ACT, BASED UPON THE SUM OF THE
 ESTIMATED INDIVIDUAL APPROVED COST ALLOWANCE OF EACH BUILDING,  IS  LESS
 THAN NINETY-FIVE PERCENT OF THE TOTAL PROJECT COSTS, THE RJSCB SHALL NOT
 PROCEED  WITH  PREPARATION  OF  FINAL  PLANS AND SPECIFICATIONS FOR SUCH
 PROJECTS UNTIL THE PROJECTS HAVE BEEN REDESIGNED OR VALUE ENGINEERED  TO
 REDUCE ESTIMATED COSTS SO AS NOT TO EXCEED THIS COST LIMIT.
   NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE RJSCB
 SHALL SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS AUTHORIZED  PURSU-
 ANT    TO SUBDIVISION (C) OF SECTION FOUR OF THIS ACT ON A FORM PROVIDED
 BY THE COMMISSIONER AFTER THE COMPLETION OF TWENTY-FIVE PERCENT  OF  THE
 FINAL  PLANS  AND  SPECIFICATIONS FOR REVIEW BY THE COMMISSIONER. IF THE
 TOTAL ESTIMATED BUILDING AID PAYABLE FOR PROJECTS AUTHORIZED PURSUANT TO
 SUBDIVISION (C) OF SECTION FOUR OF THIS ACT, BASED UPON THE SUM  OF  THE
 ESTIMATED  INDIVIDUAL  APPROVED COST ALLOWANCE OF EACH BUILDING, IS LESS
 THAN NINETY-FIVE PERCENT OF THE TOTAL PROJECT COSTS, THE RJSCB SHALL NOT
 PROCEED WITH THE COMPLETION OF THE REMAINING SEVENTY-FIVE PERCENT OF THE
 PLANS AND SPECIFICATIONS FOR SUCH PROJECTS UNTIL THE PROJECTS HAVE  BEEN
 REDESIGNED  OR  VALUE-ENGINEERED  TO REDUCE ESTIMATED COSTS SO AS NOT TO
 EXCEED THIS COST LIMIT.
   Notwithstanding any other provision of law to the contrary, the  RJSCB
 shall  submit estimated project costs for the projects authorized pursu-
 ant to [subdivision] SUBDIVISIONS (b) AND (C) of section  four  of  this
 act ON A FORM PROVIDED BY THE COMMISSIONER after the completion of fifty
 percent  of the final plans and specifications for review by the commis-
 sioner. [If] FOR PROJECTS AUTHORIZED  PURSUANT  TO  SUBDIVISION  (B)  OF
 SECTION  FOUR  OF  THIS  ACT, IF the total project costs associated with
 such projects exceed the sum of the estimated individual  approved  cost
 allowance of each building project by more than the lesser of 43 million
 dollars  or  ten  percent  of  the approved costs AUTHORIZED PURSUANT TO
 SUBDIVISION (B) OF SECTION  FOUR  OF  THIS  ACT,  and  the  city  school
 district  has  not  otherwise  demonstrated  to  the satisfaction of the
 education department the availability of additional local share for such
 excess costs, then the RJSCB shall not proceed with  the  completion  of
 the  remaining  fifty  percent  of the plans and specifications for such
 projects until the projects have been redesigned or value-engineered  to

 S. 1761--B                          5
 
 reduce  estimated  project  costs  so  as  not  to exceed the above cost
 limits.  FOR PROJECTS AUTHORIZED PURSUANT TO SUBDIVISION (C) OF  SECTION
 FOUR  OF  THIS  ACT,  IF  THE  TOTAL  ESTIMATED BUILDING AID PAYABLE FOR
 PROJECTS  AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION FOUR OF THIS
 ACT, BASED UPON THE SUM OF THE ESTIMATED INDIVIDUAL APPROVED COST ALLOW-
 ANCE OF EACH BUILDING, IS LESS THAN NINETY-FIVE  PERCENT  OF  THE  TOTAL
 PROJECT  COSTS,  THE  RJSCB SHALL NOT PROCEED WITH THE COMPLETION OF THE
 REMAINING FIFTY  PERCENT  OF  THE  PLANS  AND  SPECIFICATIONS  FOR  SUCH
 PROJECTS  UNTIL THE PROJECTS HAVE BEEN REDESIGNED OR VALUE-ENGINEERED TO
 REDUCE ESTIMATED PROJECT COSTS SO AS NOT TO EXCEED THIS COST LIMIT.
   NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE RJSCB
 SHALL SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS AUTHORIZED  PURSU-
 ANT    TO SUBDIVISION (C) OF SECTION FOUR OF THIS ACT ON A FORM PROVIDED
 BY THE COMMISSIONER AFTER THE COMPLETION OF SEVENTY-FIVE PERCENT OF  THE
 FINAL  PLANS  AND SPECIFICATIONS FOR REVIEW BY THE COMMISSIONER.  IF THE
 TOTAL ESTIMATED BUILDING AID PAYABLE FOR PROJECTS AUTHORIZED PURSUANT TO
 SUBDIVISION (C) OF SECTION FOUR OF THIS ACT, BASED UPON THE SUM  OF  THE
 ESTIMATED  INDIVIDUAL  APPROVED COST ALLOWANCE OF EACH BUILDING, IS LESS
 THAN NINETY-FIVE PERCENT OF THE TOTAL PROJECT COSTS, THE RJSCB SHALL NOT
 PROCEED WITH THE COMPLETION OF THE REMAINING TWENTY-FIVE PERCENT OF  THE
 PLANS  AND SPECIFICATIONS FOR SUCH PROJECTS UNTIL THE PROJECTS HAVE BEEN
 REDESIGNED OR VALUE-ENGINEERED TO REDUCE ESTIMATED PROJECT COSTS  SO  AS
 NOT TO EXCEED THIS COST LIMIT.
   §  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.
   (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.
   (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

 S. 1761--B                          6
 
 contain  a provision that the design of such project shall be subject to
 the review and approval of the city school district and that the  design
 and  construction  standards  of  such  project  shall be subject to the
 review  and  approval  of  the  commissioner.  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.
   (D-1) ANY CONTRACT ENTERED INTO BY RESOLUTION OF THE RJSCB PURSUANT TO
 THIS  SECTION  SHALL CONTAIN A PROVISION PROVIDING THAT: (I) PAYMENT DUE
 ON SUCH CONTRACT SHALL BE WITHHELD WHERE THE CONTRACTOR HAS NOT PROVIDED
 NECESSARY INFORMATION  FOR  THE  RJSCB  TO  COMPLY  WITH  THE  REPORTING
 REQUIREMENTS  OF  THIS  ACT,  AS DETERMINED BY THE DEPARTMENT; AND SHALL
 CONTINUE TO BE WITHHELD UNTIL SUCH INFORMATION IS PROVIDED  SATISFACTORY
 TO  THE  DEPARTMENT;  AND  (II)  SUCH WITHHOLDING SHALL NOT CONSTITUTE A
 BREACH OF CONTRACT ENTITLING THE CONTRACTOR TO TERMINATE  SUCH  CONTRACT
 OR TO BE AWARDED DAMAGES.
   (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  with  respect  to  each  project  undertaken
 pursuant  to this act, the RJSCB shall consider the financial and organ-
 izational capacity of contractors and subcontractors in relation to  the
 magnitude  of  work  they  may  perform,  the  record  of performance of
 contractors and subcontractors on previous work, the record of  contrac-
 tors  and  subcontractors in complying with existing labor standards and
 maintaining harmonious labor relations, and the commitment  of  contrac-
 tors to work with minority and women-owned business enterprises pursuant
 to  article  15-A of the executive law through joint ventures or subcon-
 tractor relationships.  The RJSCB shall further require, on any contract
 in excess of one million dollars for construction, reconstruction, demo-
 lition, excavation, rehabilitation, repair, renovation,  alteration,  or
 improvement  that  each contractor and subcontractor shall [participate]
 BE ACTIVELY PARTICIPATING in AN 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  graduated  at  least
 one  apprentice  in  the  last  3  years;  have  at least one apprentice
 currently enrolled in such apprentice training program; and have  demon-
 strated  that  the  program  has made significant efforts to attract and
 retain minority apprentices] PROGRAM REGISTERED IN THE STATE.
   § 10. Program managers.  (a) All contracts entered into by  resolution
 of  the  RJSCB  for  projects  for  phase two AND PHASE THREE undertaken
 pursuant to this act shall be managed by an independent program manager.
 The selection of the program manager shall be pursuant  to  the  compet-
 itive  process  established in section eight of this act. Prior to issu-

 S. 1761--B                          7
 
 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, design-
 ing,  and  constructing new and/or reconstructing existing school build-
 ings, public facilities, commercial  facilities,  and/or  infrastructure
 facilities, and in the negotiation and management of labor contracts and
 agreements,  training programs, educational programs, and physical tech-
 nological 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  verifica-
 tion  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 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.
   (C) ANY CONTRACT ENTERED INTO BY RESOLUTION OF THE  RJSCB  TO  HIRE  A
 PROGRAM  MANAGER  PURSUANT  TO  THIS  SECTION  SHALL CONTAIN A PROVISION
 PROVIDING THAT: (I) PAYMENT DUE ON SUCH CONTRACT SHALL BE WITHHELD WHERE
 THE PROGRAM MANAGER HAS NOT PROVIDED NECESSARY INFORMATION FOR THE RJSCB
 TO COMPLY WITH THE REPORTING REQUIREMENTS OF THIS ACT, AS DETERMINED  BY
 THE DEPARTMENT, AND SHALL CONTINUE TO BE WITHHELD UNTIL SUCH INFORMATION
 IS  PROVIDED  SATISFACTORY  TO THE DEPARTMENT; AND (II) SUCH WITHHOLDING
 SHALL NOT CONSTITUTE A BREACH OF CONTRACT ENTITLING THE PROGRAM  MANAGER
 TO TERMINATE SUCH CONTRACT OR TO BE AWARDED DAMAGES.
   (D)  ALL  RECORDS OF THE PROGRAM MANAGER RELATED TO THE RJSCB SHALL BE
 SUBJECT TO THE CITY SCHOOL DISTRICT'S ANNUAL EXTERNAL AUDIT AS SET FORTH
 IN SUBDIVISION THREE OF SECTION  TWENTY-ONE  HUNDRED  SIXTEEN-A  OF  THE
 EDUCATION  LAW  AND SHALL BE SUBJECT TO AUDITS OF THE STATE CONDUCTED BY
 THE COMPTROLLER AS SET FORTH IN SECTION   THIRTY-THREE  OF  THE  GENERAL
 MUNICIPAL LAW.
   §  11. Independent compliance officers.  All contracts entered into by
 resolution of the RJSCB for projects  for  phase  two  AND  PHASE  THREE
 undertaken  by  this act shall be monitored by an independent compliance
 officer.  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
 participation  opportunities  to  be  followed  by prime contractors and
 subcontractors 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 requirements contained  in  the  approved  diversity
 plan,  for any such project; identify contractors in non-compliance with
 any such requirements 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;  develop and work with the RJSCB to enforce agreed finan-
 cial or monetary sanctions for any contractor's non-compliance with  the

 S. 1761--B                          8

 MWBE/DBE  utilization master plan.  In addition, the independent compli-
 ance 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 main-
 tain 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] 52 projects authorized pursuant to
 this act, the RJSCB shall issue a report  to  the  governor,  the  comp-
 troller,  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, 2031, OR UPON COMPLETION OF  THE  13  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.
   (D)  REPORTING  REQUIREMENTS AND STATE AID. WHERE THE COMMISSIONER HAS
 DETERMINED THAT THE RJSCB HAS NOT COMPLIED WITH ANY  REPORTING  REQUIRE-
 MENT  PRESCRIBED  IN SECTION 21 OF THIS ACT, THE COMMISSIONER MAY TEMPO-
 RARILY WITHHOLD THE ALLOTMENT, APPORTIONMENT AND PAYMENT  OF  STATE  AID
 AND  ASSISTANCE  PURSUANT  TO  THE  EDUCATION  LAW  FROM THE CITY SCHOOL
 DISTRICT UNTIL SUCH TIME THAT THE RJSCB HAS COMPLIED WITH SUCH  REQUIRE-
 MENTS. PROVIDED FURTHER THAT IN THE EVENT STATE AID IS TEMPORARILY WITH-
 HELD  FROM  THE  CITY  SCHOOL  DISTRICT DUE TO REPORTING DEFICIENCIES AS
 PROVIDED IN THIS SECTION,  STATE  AID  PAYMENTS  SHALL  CONTINUE  TO  BE
 SUBJECT TO WITHHOLDING PURSUANT TO SECTION 99-B OF THE STATE FINANCE LAW
 SHOULD  THE CITY SCHOOL DISTRICT DEFAULT IN THE PAYMENT OF THE PRINCIPAL
 OF ITS BONDS OR NOTES ISSUED FOR PURPOSES OF THIS ACT OR THE PAYMENT  OF

 S. 1761--B                          9
 
 INTEREST  ON  SUCH BONDS OR NOTES OR IN THE PAYMENT OF BOTH PRINCIPAL OF
 AND INTEREST ON SUCH BONDS OR NOTES.
   § 3. Paragraph a of subdivision 6 of section 3602 of the education law
 is amended by adding a new subparagraph 9 to read as follows:
   (9)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, FOR
 THE PURPOSE OF COMPUTATION OF BUILDING AID FOR RECONSTRUCTION OR MODERN-
 IZING OF NO MORE THAN FIVE PROJECTS PURSUANT  TO  CHAPTER  FOUR  HUNDRED
 SIXTEEN  OF  THE  LAWS  OF  TWO THOUSAND SEVEN, AS AMENDED, ENACTING THE
 THIRD PHASE OF THE CITY OF  ROCHESTER  SCHOOL  FACILITIES  MODERNIZATION
 PROGRAM ACT, MULTI-YEAR COST ALLOWANCES FOR EACH PROJECT SHALL BE ESTAB-
 LISHED  AND UTILIZED TWO TIMES IN THE FIRST FIVE-YEAR PERIOD. SUBSEQUENT
 MULTI-YEAR COST ALLOWANCES SHALL BE ESTABLISHED NO SOONER THAN TEN YEARS
 AFTER ESTABLISHMENT OF  THE  FIRST  MAXIMUM  COST  ALLOWANCE  AUTHORIZED
 PURSUANT TO THIS SUBPARAGRAPH.
   §  4.  This  act  shall take effect immediately and shall apply to all
 contracts entered into, renewed, modified or amended on  or  after  such
 effective date.

co-Sponsors

2021-S1761C (ACTIVE) - Details

Law Section:: Education Law
Laws Affected:: Amd §§2, 3, 4, 5, 6, 9, 10, 11 & 21, Chap 416 of 2007; amd §3602, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S6245

2021-S1761C (ACTIVE) - Summary

2021-S1761C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1761C

SPONSOR: COONEY
 
TITLE OF BILL:

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 educa-
tional facilities in the city of Rochester; and to amend the education
law, in relation to the computation of building aid

 
PURPOSE:

To authorize a 12 project, $475 million phase III Rochester Joint
Schools Construction Board School Modernization Program

 
SUMMARY OF PROVISIONS:

Section 1 of the bill further defines the role of the. Independent
Compliance Officer.

Section 2 of the bill authorizes another twelve (12) projects in Phase
III up to a total cost of $475 million. This section also: further
delineates the process for extending, rebidding, and entering contracts;
the process for selecting projects; and requires a report to be submit-
ted on phase III on or before June 30, 2031.

Section 3 of the bill to allow for a double multi-year cost allowances
for no more than six projects.

Section 4 establishes the effective date.

 
JUSTIFICATION:

It has long been recognized that a healthy and welcoming learning envi-
ronment promotes greater educational attainment. Passage of this legis-
lation will allow for a seamless transition from Phase II to Phase III
to prevent disruption of the academic process and unnecessary costs.

 
LEGISLATIVE HISTORY:

S.6245A (Robach)- REFERRED TO EDUCATION Phase I of this Program was
authorized through Chapter 416 of the Laws of 2007. Phase II was author-
ized through Chapter 533 of the laws of 2014, and through Chapter 92 of
the Laws of 2016 signed by the Governor of the State of, New York on
July 5, 2016.

 
FISCAL IMPLICATIONS:

Total cost to the State and Local government to be determined. This
legislation authorizes construction up to $475 million for the proposed
Phase III Strategic Plan.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all contracts
entered into, renewed, modified or amended on or after such effective
date.

2021-S1761C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1761--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2021
                                ___________
 
 Introduced by Sens. COONEY, BROUK -- read twice and ordered printed, and
   when  printed to be committed to the Committee on Education -- commit-
   tee discharged and said bill committed to the Committee on Cities 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to said committee -- reported favorably from said commit-
   tee  and  committed  to  the  Committee  on  Education  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  reported  favorably  from  said committee and
   committed to the Committee on Finance --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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; and to amend the
   education law, in relation to the computation of building aid
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions (g) 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 to read as follows:
   (g) "Project" shall mean work at an existing school building site that
 involves  the  design,  reconstruction, or rehabilitation 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 acquisi-

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

                                                            LBD05197-11-1

 S. 1761--C                          2
 
 tion and installation of all equipment necessary and  attendant  to  and
 for  the use of such existing school [building] BUILDINGS, 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 acquisition  of  addi-
 tional real property by the city to facilitate the project.
   (j)  "Independent  compliance  officer" shall mean an independent firm
 hired by the RJSCB with an in-depth knowledge base and breadth of  expe-
 rience  conducting  minority  and women-owned business enterprise (MWBE)
 and disadvantaged business enterprise (DBE) utilization compliance moni-
 toring for public contracts within  New  York  state,  including  school
 districts  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. SUCH FIRM SHALL DEVELOP AND
 IMPLEMENT AN MWBE/DBE OUTREACH AND UTILIZATION PLAN FOR  THE  GOVERNANCE
 OF ALL CONTRACTS TO ENSURE COMPLIANCE WITH ALL FEDERAL, STATE, AND LOCAL
 LAWS, RULES, AND REGULATIONS.
   §  2. Sections 4, 5, 6, 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 follows:
   §  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) 12 PROJECTS, UP TO A TOTAL COST OF
 FOUR HUNDRED SEVENTY-FIVE  MILLION  DOLLARS  IN  PHASE  THREE  shall  be
 authorized and undertaken pursuant to this act, unless otherwise author-
 ized by law.
   §  5.  Comprehensive school facilities modernization plan.  The super-
 intendent shall submit to the RJSCB a comprehensive  draft  plan  recom-
 mending  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 $475,000,000 IN  PHASE  THREE  for
 projects  undertaken  pursuant  to this act 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 pursuant 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) esti-
 mates on the design, reconstruction and rehabilitation costs by project,
 any administrative costs for potential projects, and an outline  of  the

 S. 1761--C                          3
 
 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 extend the contracts of the providers of professional services
 for phase one OR 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  THE
 CONTRACTS  OF THE PROGRAM MANAGER AND THE INDEPENDENT COMPLIANCE OFFICER
 FOR PHASE THREE will be rebid, and provided  further  that  the  program
 manager  and the independent compliance officer and any new or different
 providers of professional services shall be engaged 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 submit-
 ted in accordance 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  commu-
 nity  input  and  public  discussion,  and develop strategies that would
 create and coordinate any efforts to ensure a more diverse workforce for
 the projects. The [preliminary] diversity plan should  address  account-
 ability  for attainment of the diversity goals, what forms of monitoring
 would be used, and how such information would be publicly communicated.
   Prior to  the  development  of  the  comprehensive  school  facilities
 modernization  plan,  the  RJSCB  and district shall hold as many public
 hearings as may be necessary to ensure sufficient public input and allow
 for significant 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 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
 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.
   § 6. Project selection.  Notwithstanding any general, special or local
 law to the contrary and upon approval by  the  comptroller  pursuant  to
 section five of this act, the RJSCB may select projects to be undertaken
 pursuant  to  this  act,  as provided for in such approved comprehensive
 plan. After the RJSCB has selected a new project and plans and  specifi-
 cations  for  such project have been prepared and approved by the RJSCB,
 which are consistent with the approved  comprehensive  plan,  the  RJSCB
 shall deliver such plans and specifications to the superintendent of the
 city  school  district and the mayor of the city of Rochester for review
 to ensure that sufficient resources exist to pay the local share of  any
 such  project  cost  on  an annual basis and that the plans meet program
 needs, and upon the approval of the superintendent, to the  commissioner
 for  his  or  her  approval.  After  approval  by the superintendent and
 commissioner, the plans and specifications  shall  be  returned  to  the
 RJSCB.   All such specifications shall detail the number of students the
 completed project is intended to serve, the site description, the  types
 of  subjects  to  be  taught, the types of activities for school, recre-
 ational, social, safety, or other purposes intended to  be  incorporated
 in  the school building or on its site and such other information as the

 S. 1761--C                          4
 
 RJSCB and the commissioner shall  deem  necessary  or  advisable.    The
 district program manager shall establish reasonable guidelines or limits
 on  incidental costs to assure that to the greatest extent possible such
 costs for each project do not exceed the state's maximum incidental cost
 allowance, in order to maximize efficient use of state building aid.
   Notwithstanding  any other provision of law to the contrary, the RJSCB
 shall submit estimated project costs for the projects authorized  pursu-
 ant  to  [subdivision]  SUBDIVISIONS (b) AND (C) of section four of this
 act ON A FORM PROVIDED BY THE COMMISSIONER after the completion of sche-
 matic plans and specifications for review by the commissioner. [If]  FOR
 PROJECTS  AUTHORIZED PURSUANT TO SUBDIVISION (B) OF SECTION FOUR OF THIS
 ACT, IF the total project costs associated with such projects exceed the
 sum of the estimated individual approved cost allowance of each building
 project by more than the lesser of 43 million dollars or ten percent  of
 the  approved  costs  AUTHORIZED  PURSUANT TO SUBDIVISION (B) OF SECTION
 FOUR OF THIS ACT, and the city school district has not otherwise  demon-
 strated to the satisfaction of the STATE education department the avail-
 ability of additional local shares for such excess costs, then the RJSCB
 shall not proceed with the preparation of final plans and specifications
 for such projects until the projects have been redesigned or value-engi-
 neered  to  reduce estimated project costs so as not to exceed the above
 cost limits. FOR PROJECTS AUTHORIZED  PURSUANT  TO  SUBDIVISION  (C)  OF
 SECTION  FOUR  OF  THIS ACT, IF THE TOTAL ESTIMATED BUILDING AID PAYABLE
 FOR PROJECTS AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION  FOUR  OF
 THIS  ACT,  BASED UPON THE SUM OF THE ESTIMATED INDIVIDUAL APPROVED COST
 ALLOWANCE OF EACH BUILDING, IS LESS  THAN  NINETY-FIVE  PERCENT  OF  THE
 TOTAL  PROJECT  COSTS,  THE  RJSCB SHALL NOT PROCEED WITH PREPARATION OF
 FINAL PLANS AND SPECIFICATIONS FOR SUCH PROJECTS UNTIL THE PROJECTS HAVE
 BEEN REDESIGNED OR VALUE ENGINEERED TO REDUCE ESTIMATED COSTS SO AS  NOT
 TO EXCEED THIS COST LIMIT.
   NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE RJSCB
 SHALL SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS AUTHORIZED  PURSU-
 ANT    TO SUBDIVISION (C) OF SECTION FOUR OF THIS ACT ON A FORM PROVIDED
 BY THE COMMISSIONER AFTER THE COMPLETION OF TWENTY-FIVE PERCENT  OF  THE
 FINAL  PLANS  AND  SPECIFICATIONS FOR REVIEW BY THE COMMISSIONER. IF THE
 TOTAL ESTIMATED BUILDING AID PAYABLE FOR PROJECTS AUTHORIZED PURSUANT TO
 SUBDIVISION (C) OF SECTION FOUR OF THIS ACT, BASED UPON THE SUM  OF  THE
 ESTIMATED  INDIVIDUAL  APPROVED COST ALLOWANCE OF EACH BUILDING, IS LESS
 THAN NINETY-FIVE PERCENT OF THE TOTAL PROJECT COSTS, THE RJSCB SHALL NOT
 PROCEED WITH THE COMPLETION OF THE REMAINING SEVENTY-FIVE PERCENT OF THE
 PLANS AND SPECIFICATIONS FOR SUCH PROJECTS UNTIL THE PROJECTS HAVE  BEEN
 REDESIGNED  OR  VALUE-ENGINEERED  TO REDUCE ESTIMATED COSTS SO AS NOT TO
 EXCEED THIS COST LIMIT.
   Notwithstanding any other provision of law to the contrary, the  RJSCB
 shall  submit estimated project costs for the projects authorized pursu-
 ant to [subdivision] SUBDIVISIONS (b) AND (C) of section  four  of  this
 act ON A FORM PROVIDED BY THE COMMISSIONER after the completion of fifty
 percent  of the final plans and specifications for review by the commis-
 sioner. [If] FOR PROJECTS AUTHORIZED  PURSUANT  TO  SUBDIVISION  (B)  OF
 SECTION  FOUR  OF  THIS  ACT, IF the total project costs associated with
 such projects exceed the sum of the estimated individual  approved  cost
 allowance of each building project by more than the lesser of 43 million
 dollars  or  ten  percent  of  the approved costs AUTHORIZED PURSUANT TO
 SUBDIVISION (B) OF SECTION  FOUR  OF  THIS  ACT,  and  the  city  school
 district has not otherwise demonstrated to the satisfaction of the STATE
 education department the availability of additional local share for such

 S. 1761--C                          5
 
 excess  costs,  then  the RJSCB shall not proceed with the completion of
 the remaining fifty percent of the plans  and  specifications  for  such
 projects  until the projects have been redesigned or value-engineered to
 reduce  estimated  project  costs  so  as  not  to exceed the above cost
 limits.  FOR PROJECTS AUTHORIZED PURSUANT TO SUBDIVISION (C) OF  SECTION
 FOUR  OF  THIS  ACT,  IF  THE  TOTAL  ESTIMATED BUILDING AID PAYABLE FOR
 PROJECTS AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION FOUR OF  THIS
 ACT, BASED UPON THE SUM OF THE ESTIMATED INDIVIDUAL APPROVED COST ALLOW-
 ANCE  OF  EACH  BUILDING,  IS LESS THAN NINETY-FIVE PERCENT OF THE TOTAL
 PROJECT COSTS, THE RJSCB SHALL NOT PROCEED WITH THE  COMPLETION  OF  THE
 REMAINING  FIFTY  PERCENT  OF  THE  PLANS  AND  SPECIFICATIONS  FOR SUCH
 PROJECTS UNTIL THE PROJECTS HAVE BEEN REDESIGNED OR VALUE-ENGINEERED  TO
 REDUCE ESTIMATED PROJECT COSTS SO AS NOT TO EXCEED THIS COST LIMIT.
   NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE RJSCB
 SHALL  SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS AUTHORIZED PURSU-
 ANT  TO SUBDIVISION (C) OF SECTION FOUR OF THIS ACT ON A  FORM  PROVIDED
 BY  THE COMMISSIONER AFTER THE COMPLETION OF SEVENTY-FIVE PERCENT OF THE
 FINAL PLANS AND SPECIFICATIONS FOR REVIEW BY THE COMMISSIONER.   IF  THE
 TOTAL ESTIMATED BUILDING AID PAYABLE FOR PROJECTS AUTHORIZED PURSUANT TO
 SUBDIVISION  (C)  OF SECTION FOUR OF THIS ACT, BASED UPON THE SUM OF THE
 ESTIMATED INDIVIDUAL APPROVED COST ALLOWANCE OF EACH BUILDING,  IS  LESS
 THAN NINETY-FIVE PERCENT OF THE TOTAL PROJECT COSTS, THE RJSCB SHALL NOT
 PROCEED  WITH THE COMPLETION OF THE REMAINING TWENTY-FIVE PERCENT OF THE
 PLANS AND SPECIFICATIONS FOR SUCH PROJECTS UNTIL THE PROJECTS HAVE  BEEN
 REDESIGNED  OR  VALUE-ENGINEERED TO REDUCE ESTIMATED PROJECT COSTS SO AS
 NOT TO EXCEED THIS COST LIMIT.
   § 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 AND THREE, contingent
 upon the completion of a supplemental project  labor  agreement  benefit
 analysis.
   (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.
   (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

 S. 1761--C                          6
 
 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 and that the  design
 and  construction  standards  of  such  project  shall be subject to the
 review and  approval  of  the  commissioner.  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.
   (D-1) EVERY CONTRACT ENTERED INTO BY RESOLUTION OF THE RJSCB  PURSUANT
 TO THIS ACT SHALL CONTAIN A PROVISION PROVIDING THAT: (I) PAYMENT DUE ON
 SUCH  CONTRACT  SHALL  BE WITHHELD WHERE THE CONTRACTOR HAS NOT PROVIDED
 NECESSARY INFORMATION  FOR  THE  RJSCB  TO  COMPLY  WITH  THE  REPORTING
 REQUIREMENTS  OF  THIS ACT, AS DETERMINED BY THE STATE EDUCATION DEPART-
 MENT; AND SHALL CONTINUE  TO  BE  WITHHELD  UNTIL  SUCH  INFORMATION  IS
 PROVIDED  SATISFACTORY  TO THE STATE EDUCATION DEPARTMENT; AND (II) SUCH
 WITHHOLDING SHALL NOT CONSTITUTE A  BREACH  OF  CONTRACT  ENTITLING  THE
 CONTRACTOR TO TERMINATE SUCH CONTRACT OR TO BE AWARDED DAMAGES.
   (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  with  respect  to  each  project  undertaken
 pursuant  to this act, the RJSCB shall consider the financial and organ-
 izational capacity of contractors and subcontractors in relation to  the
 magnitude  of  work  they  may  perform,  the  record  of performance of
 contractors and subcontractors on previous work, the record of  contrac-
 tors  and  subcontractors in complying with existing labor standards and
 maintaining harmonious labor relations, and the commitment  of  contrac-
 tors to work with minority and women-owned business enterprises pursuant
 to  article  15-A of the executive law through joint ventures or subcon-
 tractor relationships.  The RJSCB shall further require, on any contract
 in excess of one million dollars for construction, reconstruction, demo-
 lition, excavation, rehabilitation, repair, renovation,  alteration,  or
 improvement  that each contractor and subcontractor shall 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 graduated 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.
   § 10. Program managers.  (a) All contracts entered into by  resolution
 of  the  RJSCB  for  projects  for  phase two AND PHASE THREE undertaken

 S. 1761--C                          7

 pursuant to this act shall be managed by an independent program manager.
 The selection of the program manager shall be 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, design-
 ing,  and  constructing new and/or reconstructing existing school build-
 ings, public facilities, commercial  facilities,  and/or  infrastructure
 facilities, and in the negotiation and management of labor contracts and
 agreements,  training programs, educational programs, and physical tech-
 nological 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  verifica-
 tion  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 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.
   (C) EVERY CONTRACT ENTERED INTO BY RESOLUTION OF THE RJSCB TO  HIRE  A
 PROGRAM MANAGER PURSUANT TO THIS ACT SHALL CONTAIN A PROVISION PROVIDING
 THAT:  (I)  PAYMENT  DUE  ON  SUCH  CONTRACT SHALL BE WITHHELD WHERE THE
 PROGRAM MANAGER HAS NOT PROVIDED NECESSARY INFORMATION FOR THE RJSCB  TO
 COMPLY WITH THE REPORTING REQUIREMENTS OF THIS ACT, AS DETERMINED BY THE
 STATE EDUCATION DEPARTMENT, AND SHALL CONTINUE TO BE WITHHELD UNTIL SUCH
 INFORMATION  IS PROVIDED SATISFACTORY TO THE STATE EDUCATION DEPARTMENT;
 AND (II) SUCH WITHHOLDING SHALL NOT  CONSTITUTE  A  BREACH  OF  CONTRACT
 ENTITLING  THE  PROGRAM  MANAGER  TO  TERMINATE  SUCH  CONTRACT OR TO BE
 AWARDED DAMAGES.
   (D) ALL RECORDS OF THE PROGRAM MANAGER RELATED TO THE RJSCB  SHALL  BE
 SUBJECT TO THE CITY SCHOOL DISTRICT'S ANNUAL EXTERNAL AUDIT AS SET FORTH
 IN  SUBDIVISION  3  OF  SECTION 2116-A OF THE EDUCATION LAW AND SHALL BE
 SUBJECT TO AUDITS OF THE STATE CONDUCTED BY THE COMPTROLLER AS SET FORTH
 IN SECTION 33 OF THE GENERAL MUNICIPAL LAW.
   (E) ALL CONTRACTS ENTERED INTO BY RESOLUTION OF THE RJSCB FOR PROJECTS
 FOR PHASE THREE SHALL BE SUBJECT TO THE PUBLIC BIDDING  REQUIREMENTS  OF
 SECTION 103 OF THE GENERAL MUNICIPAL LAW.
   §  11. Independent compliance officers.  All contracts entered into by
 resolution of the RJSCB for projects  for  phase  two  AND  PHASE  THREE
 undertaken  by  this act shall be monitored by an independent compliance
 officer.  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
 participation  opportunities  to  be  followed  by prime contractors and
 subcontractors 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 requirements contained  in  the  approved  diversity
 plan,  for any such project; identify contractors in non-compliance with

 S. 1761--C                          8
 
 any such requirements 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;  develop and work with the RJSCB to enforce agreed finan-
 cial or monetary sanctions for any contractor's non-compliance with  the
 MWBE/DBE  utilization master plan.  In addition, the independent compli-
 ance 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 main-
 tain 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] 51 projects authorized  pursuant  to
 this  act,  the  RJSCB  shall  issue a report to the governor, the comp-
 troller, 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, 2031, OR UPON COMPLETION OF THE 12 PROJECTS
 AUTHORIZED IN PHASE THREE PURSUANT TO THIS ACT,  WHICHEVER  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 LEAD-
 ER 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 PEDA-
 GOGICAL  RESULTS  OF THE PROJECTS UNDERTAKEN PURSUANT TO THIS ACT, ALONG
 WITH RECOMMENDATIONS FOR ITS CONTINUANCE, AMENDMENTS, OR DISCONTINUANCE.
   (D) REPORTING REQUIREMENTS AND STATE AID. WHERE THE  COMMISSIONER  HAS
 DETERMINED  THAT  THE RJSCB HAS NOT COMPLIED WITH ANY REPORTING REQUIRE-
 MENT PRESCRIBED IN SECTION 21 OF THIS ACT, THE COMMISSIONER  MAY  TEMPO-
 RARILY  WITHHOLD  THE  ALLOTMENT, APPORTIONMENT AND PAYMENT OF STATE AID
 AND ASSISTANCE PURSUANT TO  THE  EDUCATION  LAW  FROM  THE  CITY  SCHOOL
 DISTRICT  UNTIL SUCH TIME THAT THE RJSCB HAS COMPLIED WITH SUCH REQUIRE-
 MENTS. PROVIDED FURTHER THAT IN THE EVENT STATE AID IS TEMPORARILY WITH-

 S. 1761--C                          9

 HELD FROM THE CITY SCHOOL DISTRICT  DUE  TO  REPORTING  DEFICIENCIES  AS
 PROVIDED  IN  THIS  SECTION,  STATE  AID  PAYMENTS  SHALL CONTINUE TO BE
 SUBJECT TO WITHHOLDING PURSUANT TO SECTION 99-B OF THE STATE FINANCE LAW
 SHOULD  THE CITY SCHOOL DISTRICT DEFAULT IN THE PAYMENT OF THE PRINCIPAL
 OF ITS BONDS OR NOTES ISSUED FOR PURPOSES OF THIS ACT OR THE PAYMENT  OF
 INTEREST  ON  SUCH BONDS OR NOTES OR IN THE PAYMENT OF BOTH PRINCIPAL OF
 AND INTEREST ON SUCH BONDS OR NOTES.
   § 3. Paragraph a of subdivision 6 of section 3602 of the education law
 is amended by adding a new subparagraph 9 to read as follows:
   (9) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  FOR
 THE PURPOSE OF COMPUTATION OF BUILDING AID FOR RECONSTRUCTION OR MODERN-
 IZING  OF  NO  MORE  THAN  SIX PROJECTS PURSUANT TO CHAPTER FOUR HUNDRED
 SIXTEEN OF THE LAWS OF TWO THOUSAND  SEVEN,  AS  AMENDED,  ENACTING  THE
 THIRD  PHASE  OF  THE  CITY OF ROCHESTER SCHOOL FACILITIES MODERNIZATION
 PROGRAM ACT, MULTI-YEAR COST ALLOWANCES FOR EACH PROJECT SHALL BE ESTAB-
 LISHED AND UTILIZED TWO TIMES IN THE FIRST FIVE-YEAR PERIOD.  SUBSEQUENT
 MULTI-YEAR COST ALLOWANCES SHALL BE ESTABLISHED NO SOONER THAN TEN YEARS
 AFTER  ESTABLISHMENT  OF  THE  FIRST  MAXIMUM  COST ALLOWANCE AUTHORIZED
 PURSUANT TO THIS SUBPARAGRAPH.
   § 4. This act shall take effect immediately and  shall  apply  to  all
 contracts  entered  into,  renewed, modified or amended on or after such
 effective date.

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Senate Bill S1761A

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Sponsored By

Jeremy A. Cooney

Archive: Last Bill Status Via A993 - Signed by Governor

Bill Amendments

co-Sponsors

Samra G. Brouk

2021-S1761 - Details

2021-S1761 - Summary

2021-S1761 - Sponsor Memo

2021-S1761 - Bill Text download pdf

co-Sponsors

Samra G. Brouk

2021-S1761A - Details

2021-S1761A - Summary

2021-S1761A - Sponsor Memo

2021-S1761A - Bill Text download pdf

co-Sponsors

Samra G. Brouk

2021-S1761B - Details

2021-S1761B - Summary

2021-S1761B - Sponsor Memo

2021-S1761B - Bill Text download pdf

co-Sponsors

Samra G. Brouk

2021-S1761C (ACTIVE) - Details

2021-S1761C (ACTIVE) - Summary

2021-S1761C (ACTIVE) - Sponsor Memo

2021-S1761C (ACTIVE) - Bill Text download pdf

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