S T A T E   O F   N E W   Y O R K
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                                   4437
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN  ACT  to amend the education law, in relation to the apportionment of
   moneys for capital  outlays  and  debt  service  for  school  building
   purposes

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "rebuild
 our schools act".
   § 2. Subparagraph 2 of paragraph c of subdivision 6 of section 3602 of
 the  education  law  is  amended  by  adding a new clause (d) to read as
 follows:
   (D) FOR AID PAYABLE IN THE SCHOOL YEARS TWO THOUSAND TWENTY-THREE--TWO
 THOUSAND TWENTY-FOUR AND THEREAFTER  FOR  SCHOOL  BUILDING  PROJECTS  TO
 REMEDY  CAPACITY  SHORTAGES  OF  HIGH-NEED  SCHOOL DISTRICTS, AS DEFINED
 PURSUANT TO REGULATIONS OF  THE  COMMISSIONER  IN  CLAUSE  (C)  OF  THIS
 SUBPARAGRAPH  AND ARE LOCATED IN A COUNTY WITH A POPULATION OF MORE THAN
 NINE HUNDRED FORTY  THOUSAND  AND  LESS  THAN  ONE  MILLION  INHABITANTS
 ACCORDING  TO  THE  TWO  THOUSAND TEN FEDERAL CENSUS, AS APPROVED BY THE
 VOTERS OF SUCH SCHOOL DISTRICT OR BY SUCH BOARD OF EDUCATION OF  A  CITY
 SCHOOL  DISTRICT  IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU-
 SAND INHABITANTS, ON OR AFTER JULY FIRST, TWO THOUSAND  TWENTY-ONE,  MAY
 COMPUTE AID UNDER THE PROVISIONS OF THIS SUBDIVISION USING THE HIGH-NEED
 SECONDARY SUPPLEMENTAL BUILDING AID RATIO, WHICH SHALL BE THE LESSER OF:
 (A)  THE  PRODUCT,  COMPUTED  TO THREE DECIMALS WITHOUT ROUNDING, OF THE
 GREATER OF THE BUILDING AID RATIOS COMPUTED PURSUANT TO SUBCLAUSES  (I),
 (II)  AND  (III)  OF  CLAUSE  (B) OF THIS SUBPARAGRAPH MULTIPLIED BY TEN
 PERCENT; OR (B) THE POSITIVE REMAINDER  OF  NINETY-EIGHT  ONE-HUNDREDTHS
 LESS  THE  GREATER  OF  THE  BUILDING  AID  RATIOS  COMPUTED PURSUANT TO
 SUBCLAUSES (I), (II) AND (III)  OF  CLAUSE  (B)  OF  THIS  SUBPARAGRAPH.
 SCHOOL  BUILDING PROJECTS ELIGIBLE FOR AID PURSUANT TO THIS CLAUSE SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01648-01-3
              

 S. 4437                             2
 
 INCLUDE PROJECTS TO ADDRESS CAPACITY SHORTAGES OF AT LEAST  TEN  PERCENT
 OF  THE  CALCULATED  CAPACITY OF THE DISTRICT OR AT LEAST TEN PERCENT OF
 THE CALCULATED CAPACITY  OF  ELEMENTARY  OR  SECONDARY  SCHOOLS  OF  THE
 DISTRICT, AS DETERMINED BY THE COMMISSIONER.
   § 3. This act shall take effect immediately.