Bill Text: NY A00993 | 2021-2022 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2021-11-15 - signed chap.614 [A00993 Detail]
Download: New_York-2021-A00993-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 993--A 2021-2022 Regular Sessions IN ASSEMBLY January 7, 2021 ___________ Introduced by M. of A. BRONSON, CLARK, MEEKS, LUNSFORD -- read once and referred to the Committee on Education -- 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: 1 Section 1. Subdivisions (g) and (j) of section 2 of chapter 416 of the 2 laws of 2007, establishing the city of Rochester and the board of educa- 3 tion of the city school district of the city of Rochester school facili- 4 ties modernization program act, as amended by chapter 533 of the laws of 5 2014, are amended to read as follows: 6 (g) "Project" shall mean work at an existing school building site that 7 involves the design, reconstruction, or rehabilitation of an existing 8 school building for its continued use as a school of the city school 9 district, which may include an addition to existing school buildings for 10 such continued use and which also may include (1) the construction or 11 reconstruction of athletic fields, playgrounds, and other recreational 12 facilities for such existing school buildings; and/or (2) the acquisi- 13 tion and installation of all equipment necessary and attendant to and 14 for the use of such existing school [building] buildings, including but 15 not limited to items located at sites not within a project that will 16 allow the RJSCB to conduct district-wide technology improvements to 17 benefit existing school buildings; and/or (3) the acquisition of addi- 18 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. LBD05197-12-1A. 993--A 2 1 (j) "Independent compliance officer" shall mean an independent firm 2 hired by the RJSCB with an in-depth knowledge base and breadth of expe- 3 rience conducting minority and women-owned business enterprise (MWBE) 4 and disadvantaged business enterprise (DBE) utilization compliance moni- 5 toring for public contracts within New York state, including school 6 districts and auditing contractors and subcontractors in construction 7 and reconstruction projects like those to be undertaken and contracted 8 for by the RJSCB pursuant to this act. Such firm shall develop and 9 implement an MWBE/DBE outreach and utilization plan for the governance 10 of all contracts to ensure compliance with all federal, state, and local 11 laws, rules, and regulations. 12 § 2. Sections 4, 5, 6, 9, 10, 11 and 21 of chapter 416 of the laws of 13 2007, establishing the city of Rochester and the board of education of 14 the city school district of the city of Rochester school facilities 15 modernization program act, as amended by chapter 533 of the laws of 16 2014, are amended to read as follows: 17 § 4. Project authorization. No more than: (a) 13 projects, up to a 18 total cost of three hundred twenty-five million dollars in phase one, 19 and (b) 26 projects, up to a total cost of four hundred thirty-five 20 million dollars in phase two, and (c) 12 projects, up to a total cost of 21 four hundred seventy-five million dollars in phase three shall be 22 authorized and undertaken pursuant to this act, unless otherwise author- 23 ized by law. 24 § 5. Comprehensive school facilities modernization plan. The super- 25 intendent shall submit to the RJSCB a comprehensive draft plan recom- 26 mending and outlining the projects for phase two and phase three it 27 proposes to be undertaken pursuant to this act. The RJSCB shall consider 28 the plan in developing a comprehensive school facilities modernization 29 plan recommending and outlining the projects it proposes to be poten- 30 tially undertaken pursuant to this act. Such plan shall include: (a) an 31 estimate of total costs to be financed, proposed financing plan, 32 proposed method of financing, terms and conditions of the financing, 33 estimated financing costs, and, if city general obligation bonds or 34 notes are not proposed as the method of financing, a comparison of 35 financing costs between such bonds or notes and the proposed method of 36 financing. Payment of debt service on bonds, notes or other obligations 37 issued to secure financing of not more than $325,000,000 in phase one 38 [and], $435,000,000 in phase two, and $475,000,000 in phase three for 39 projects undertaken pursuant to this act shall not be considered when 40 determining the "city amount" required pursuant to subparagraph (ii) of 41 paragraph a of subdivision 5-b of section 2576 of the education law; 42 provided, however, that this provision shall not otherwise affect the 43 determination of said "city amount" with respect to funding unrelated to 44 projects undertaken pursuant to this act. The plan should also address 45 what specific options would be used to ensure that sufficient resources 46 exist to cover the local share of any such project cost on an annual 47 basis; (b) information concerning the potential persons to be involved 48 in the financing and such person's role and responsibilities; (c) esti- 49 mates on the design, reconstruction and rehabilitation costs by project, 50 any administrative costs for potential projects, and an outline of the 51 timeframe expected for completion of each potential project; (d) a 52 detailed description of the request for proposals process and an outline 53 of the criteria to be used for selection of the program manager, the 54 independent compliance officer and all contractors; provided that the 55 RJSCB may extend the contracts of the providers of professional services 56 for phase one or two upon the adoption of findings that doing so wouldA. 993--A 3 1 be in the public interest; the contracts of the program manager and the 2 independent compliance officer for phase two will be rebid and the 3 contracts of the program manager and the independent compliance officer 4 for phase three will be rebid, and provided further that the program 5 manager and the independent compliance officer and any new or different 6 providers of professional services shall be engaged in compliance with 7 the provisions of section eight of this act; (e) any proposed amendments 8 to the city school district's five-year capital facilities plan submit- 9 ted in accordance with subdivision 6 of section 3602 of the education 10 law and the regulations of the commissioner; and (f) a [preliminary] 11 diversity plan to develop diversity goals, including appropriate commu- 12 nity input and public discussion, and develop strategies that would 13 create and coordinate any efforts to ensure a more diverse workforce for 14 the projects. The [preliminary] diversity plan should address account- 15 ability for attainment of the diversity goals, what forms of monitoring 16 would be used, and how such information would be publicly communicated. 17 Prior to the development of the comprehensive school facilities 18 modernization plan, the RJSCB and district shall hold as many public 19 hearings as may be necessary to ensure sufficient public input and allow 20 for significant public discussion on school building needs in such city, 21 with at least one hearing to be held in each neighborhood potentially 22 impacted by a proposed project. 23 All projects proposed in the comprehensive school facilities modern- 24 ization plan shall be included by the city school district as a special 25 section of the district's five-year capital facilities plan that is 26 required pursuant to subdivision 6 of section 3602 of the education law 27 and the regulations of the commissioner. 28 The RJSCB shall submit the components of such comprehensive plan 29 outlined in subdivision (a) of this section to the comptroller, along 30 with any other information requested by the comptroller, for his or her 31 review and approval. 32 § 6. Project selection. Notwithstanding any general, special or local 33 law to the contrary and upon approval by the comptroller pursuant to 34 section five of this act, the RJSCB may select projects to be undertaken 35 pursuant to this act, as provided for in such approved comprehensive 36 plan. After the RJSCB has selected a new project and plans and specifi- 37 cations for such project have been prepared and approved by the RJSCB, 38 which are consistent with the approved comprehensive plan, the RJSCB 39 shall deliver such plans and specifications to the superintendent of the 40 city school district and the mayor of the city of Rochester for review 41 to ensure that sufficient resources exist to pay the local share of any 42 such project cost on an annual basis and that the plans meet program 43 needs, and upon the approval of the superintendent, to the commissioner 44 for his or her approval. After approval by the superintendent and 45 commissioner, the plans and specifications shall be returned to the 46 RJSCB. All such specifications shall detail the number of students the 47 completed project is intended to serve, the site description, the types 48 of subjects to be taught, the types of activities for school, recre- 49 ational, social, safety, or other purposes intended to be incorporated 50 in the school building or on its site and such other information as the 51 RJSCB and the commissioner shall deem necessary or advisable. The 52 district program manager shall establish reasonable guidelines or limits 53 on incidental costs to assure that to the greatest extent possible such 54 costs for each project do not exceed the state's maximum incidental cost 55 allowance, in order to maximize efficient use of state building aid.A. 993--A 4 1 Notwithstanding any other provision of law to the contrary, the RJSCB 2 shall submit estimated project costs for the projects authorized pursu- 3 ant to [subdivision] subdivisions (b) and (c) of section four of this 4 act on a form provided by the commissioner after the completion of sche- 5 matic plans and specifications for review by the commissioner. [If] For 6 projects authorized pursuant to subdivision (b) of section four of this 7 act, if the total project costs associated with such projects exceed the 8 sum of the estimated individual approved cost allowance of each building 9 project by more than the lesser of 43 million dollars or ten percent of 10 the approved costs authorized pursuant to subdivision (b) of section 11 four of this act, and the city school district has not otherwise demon- 12 strated to the satisfaction of the state education department the avail- 13 ability of additional local shares for such excess costs, then the RJSCB 14 shall not proceed with the preparation of final plans and specifications 15 for such projects until the projects have been redesigned or value-engi- 16 neered to reduce estimated project costs so as not to exceed the above 17 cost limits. For projects authorized pursuant to subdivision (c) of 18 section four of this act, if the total estimated building aid payable 19 for projects authorized pursuant to subdivision (c) of section four of 20 this act, based upon the sum of the estimated individual approved cost 21 allowance of each building, is less than ninety-five percent of the 22 total project costs, the RJSCB shall not proceed with preparation of 23 final plans and specifications for such projects until the projects have 24 been redesigned or value engineered to reduce estimated costs so as not 25 to exceed this cost limit. 26 Notwithstanding any other provision of law to the contrary, the RJSCB 27 shall submit estimated project costs for the projects authorized pursu- 28 ant to subdivision (c) of section four of this act on a form provided 29 by the commissioner after the completion of twenty-five percent of the 30 final plans and specifications for review by the commissioner. If the 31 total estimated building aid payable for projects authorized pursuant to 32 subdivision (c) of section four of this act, based upon the sum of the 33 estimated individual approved cost allowance of each building, is less 34 than ninety-five percent of the total project costs, the RJSCB shall not 35 proceed with the completion of the remaining seventy-five percent of the 36 plans and specifications for such projects until the projects have been 37 redesigned or value-engineered to reduce estimated costs so as not to 38 exceed this cost limit. 39 Notwithstanding any other provision of law to the contrary, the RJSCB 40 shall submit estimated project costs for the projects authorized pursu- 41 ant to [subdivision] subdivisions (b) and (c) of section four of this 42 act on a form provided by the commissioner after the completion of fifty 43 percent of the final plans and specifications for review by the commis- 44 sioner. [If] For projects authorized pursuant to subdivision (b) of 45 section four of this act, if the total project costs associated with 46 such projects exceed the sum of the estimated individual approved cost 47 allowance of each building project by more than the lesser of 43 million 48 dollars or ten percent of the approved costs authorized pursuant to 49 subdivision (b) of section four of this act, and the city school 50 district has not otherwise demonstrated to the satisfaction of the state 51 education department the availability of additional local share for such 52 excess costs, then the RJSCB shall not proceed with the completion of 53 the remaining fifty percent of the plans and specifications for such 54 projects until the projects have been redesigned or value-engineered to 55 reduce estimated project costs so as not to exceed the above cost 56 limits. For projects authorized pursuant to subdivision (c) of sectionA. 993--A 5 1 four of this act, if the total estimated building aid payable for 2 projects authorized pursuant to subdivision (c) of section four of this 3 act, based upon the sum of the estimated individual approved cost allow- 4 ance of each building, is less than ninety-five percent of the total 5 project costs, the RJSCB shall not proceed with the completion of the 6 remaining fifty percent of the plans and specifications for such 7 projects until the projects have been redesigned or value-engineered to 8 reduce estimated project costs so as not to exceed this cost limit. 9 Notwithstanding any other provision of law to the contrary, the RJSCB 10 shall submit estimated project costs for the projects authorized pursu- 11 ant to subdivision (c) of section four of this act on a form provided 12 by the commissioner after the completion of seventy-five percent of the 13 final plans and specifications for review by the commissioner. If the 14 total estimated building aid payable for projects authorized pursuant to 15 subdivision (c) of section four of this act, based upon the sum of the 16 estimated individual approved cost allowance of each building, is less 17 than ninety-five percent of the total project costs, the RJSCB shall not 18 proceed with the completion of the remaining twenty-five percent of the 19 plans and specifications for such projects until the projects have been 20 redesigned or value-engineered to reduce estimated project costs so as 21 not to exceed this cost limit. 22 § 9. Contracts generally. Notwithstanding the provisions of any 23 general, special, or local law or judicial decision to the contrary: 24 (a) The RJSCB may require a contractor, as a condition to being 25 awarded a contract, subcontract, lease, grant, bond, covenant or other 26 agreement for a project to enter into a project labor agreement for the 27 work involved with such project when such requirement is made part of 28 the bid specifications for the project and when the RJSCB determines 29 that the record supporting the decision to enter into such an agreement 30 establishes that it is justified by the interests underlying the compet- 31 itive bidding laws. In addition, the RJSCB may revise and extend the 32 requirements of the project labor agreement entered into for phase one 33 projects to the projects authorized in phase two and three, contingent 34 upon the completion of a supplemental project labor agreement benefit 35 analysis. 36 (b) Any contract, subcontract, lease, grant, bond, covenant or other 37 agreement for projects undertaken pursuant to this act shall not be 38 subject to section 101 of the general municipal law when the RJSCB has 39 chosen to require a project labor agreement, pursuant to subdivision (a) 40 of this section. This exemption shall only apply to the projects under- 41 taken pursuant to this act and shall not apply to projects undertaken by 42 any other school district or municipality unless otherwise specifically 43 authorized. 44 (c) Whenever the RJSCB enters in a contract, subcontract, lease, 45 grant, bond, covenant or other agreement for the construction, recon- 46 struction, demolition, excavation, rehabilitation, repair, renovation, 47 alteration, or improvement for a project undertaken pursuant to this 48 act, it shall be deemed to be a public works project for the purposes of 49 article 8 of the labor law, and all the provisions of article 8 of the 50 labor law shall be applicable to all the work involved with such project 51 including the enforcement of prevailing wage requirements by the state 52 department of labor. 53 (d) Every contract entered into by resolution of the RJSCB for 54 construction or reconstruction of a project pursuant to this act shall 55 contain a provision that the design of such project shall be subject to 56 the review and approval of the city school district and that the designA. 993--A 6 1 and construction standards of such project shall be subject to the 2 review and approval of the commissioner. In addition, every such 3 contract for construction or reconstruction shall contain a provision 4 that the contractor shall furnish a labor and material bond guaranteeing 5 prompt payment of moneys that are due to all persons furnishing labor 6 and materials pursuant to the requirements of any contracts for a 7 project undertaken pursuant to this section and a performance bond for 8 the faithful performance of the project, which shall conform to the 9 provisions of section 103-f of the general municipal law, and that a 10 copy of such performance and payment bonds shall be kept by the RJSCB 11 and shall be open to public inspection. 12 (d-1) Every contract entered into by resolution of the RJSCB pursuant 13 to this act shall contain a provision providing that: (i) payment due on 14 such contract shall be withheld where the contractor has not provided 15 necessary information for the RJSCB to comply with the reporting 16 requirements of this act, as determined by the state education depart- 17 ment; and shall continue to be withheld until such information is 18 provided satisfactory to the state education department; and (ii) such 19 withholding shall not constitute a breach of contract entitling the 20 contractor to terminate such contract or to be awarded damages. 21 (e) For the purposes of article 15-A of the executive law, any person 22 entering into a contract for a project authorized pursuant to this act 23 shall be deemed a state agency as that term is defined in such article 24 and such contracts shall be deemed state contracts within the meaning of 25 that term as set forth in such article. 26 (f) Notwithstanding the provisions of this act or of any general or 27 special law to the contrary, for any contract, subcontract, lease, 28 grant, bond, covenant or other agreement for construction, recon- 29 struction, demolition, excavation, rehabilitation, repair, renovation, 30 alteration, or improvement with respect to each project undertaken 31 pursuant to this act, the RJSCB shall consider the financial and organ- 32 izational capacity of contractors and subcontractors in relation to the 33 magnitude of work they may perform, the record of performance of 34 contractors and subcontractors on previous work, the record of contrac- 35 tors and subcontractors in complying with existing labor standards and 36 maintaining harmonious labor relations, and the commitment of contrac- 37 tors to work with minority and women-owned business enterprises pursuant 38 to article 15-A of the executive law through joint ventures or subcon- 39 tractor relationships. The RJSCB shall further require, on any contract 40 in excess of one million dollars for construction, reconstruction, demo- 41 lition, excavation, rehabilitation, repair, renovation, alteration, or 42 improvement that each contractor and subcontractor shall participate in 43 apprentice training programs in the trades of work it employs that: have 44 been approved for not less than three years by the state department of 45 labor; have graduated at least one apprentice in the last 3 years; have 46 at least one apprentice currently enrolled in such apprentice training 47 program; and have demonstrated that the program has made significant 48 efforts to attract and retain minority apprentices. 49 § 10. Program managers. (a) All contracts entered into by resolution 50 of the RJSCB for projects for phase two and phase three undertaken 51 pursuant to this act shall be managed by an independent program manager. 52 The selection of the program manager shall be pursuant to the compet- 53 itive process established in section eight of this act. Prior to issu- 54 ance of the contract, the program manager selected shall be approved by 55 the superintendent, mayor, city council and the Rochester city school 56 district. The program manager shall have experience in planning, design-A. 993--A 7 1 ing, and constructing new and/or reconstructing existing school build- 2 ings, public facilities, commercial facilities, and/or infrastructure 3 facilities, and in the negotiation and management of labor contracts and 4 agreements, training programs, educational programs, and physical tech- 5 nological requirements for educational programs. The program manager 6 shall manage all projects undertaken pursuant to this act, review 7 project schedules, review payment schedules, prepare cost estimates and 8 assess the safety programs of contractors and all training programs, if 9 required. The program manager shall implement procedures for verifica- 10 tion by it that all work for which payment has been requested has been 11 satisfactorily completed. 12 (b) The program manager, and its affiliates or subsidiaries, if any, 13 shall be prohibited from awarding contracts or being awarded contracts 14 for, or performing any work on, projects undertaken pursuant to this 15 act. Contracts awarded by the RJSCB for construction work required for 16 the reconstruction, rehabilitation or renovation of a project pursuant 17 to this act shall be awarded pursuant to public bidding in compliance 18 with section 103 of the general municipal law. 19 (c) Every contract entered into by resolution of the RJSCB to hire a 20 program manager pursuant to this act shall contain a provision providing 21 that: (i) payment due on such contract shall be withheld where the 22 program manager has not provided necessary information for the RJSCB to 23 comply with the reporting requirements of this act, as determined by the 24 state education department, and shall continue to be withheld until such 25 information is provided satisfactory to the state education department; 26 and (ii) such withholding shall not constitute a breach of contract 27 entitling the program manager to terminate such contract or to be 28 awarded damages. 29 (d) All records of the program manager related to the RJSCB shall be 30 subject to the city school district's annual external audit as set forth 31 in subdivision 3 of section 2116-a of the education law and shall be 32 subject to audits of the state conducted by the comptroller as set forth 33 in section 33 of the general municipal law. 34 (e) All contracts entered into by resolution of the RJSCB for projects 35 for phase three shall be subject to the public bidding requirements of 36 section 103 of the general municipal law. 37 § 11. Independent compliance officers. All contracts entered into by 38 resolution of the RJSCB for projects for phase two and phase three 39 undertaken by this act shall be monitored by an independent compliance 40 officer. The independent compliance officer shall: develop, implement, 41 advertise, promote and monitor policies and procedures to utilize and 42 provide sufficient MWBE, DBE and skilled minority employment resources 43 participation opportunities to be followed by prime contractors and 44 subcontractors for such projects; review, modify if necessary, and 45 approve the preliminary diversity plan established pursuant to section 46 five of this act; provide technical assistance to potential MWBE and DBE 47 contractors and subcontractors interested in bidding on any such 48 projects; obtain and maintain records and documentation to confirm 49 compliance with any requirements contained in the approved diversity 50 plan, for any such project; identify contractors in non-compliance with 51 any such requirements contained in the approved diversity plan or in 52 violation of any federal, state and local laws, rules or regulations; 53 monitor and report the upward/downward price adjustment and payment 54 amounts to MWBEs and DBEs listed on contractors utilization plan for any 55 such project; develop and work with the RJSCB to enforce agreed finan- 56 cial or monetary sanctions for any contractor's non-compliance with theA. 993--A 8 1 MWBE/DBE utilization master plan. In addition, the independent compli- 2 ance officer shall: develop, implement, advertise, promote and monitor 3 MWBE/DBE policies and procedures for each project to be followed by 4 prime contractors and subcontractors for such projects; obtain and main- 5 tain records and documentation to confirm compliance with any applicable 6 requirements for each project; identify contractors in non-compliance 7 with any such requirements pursuant to this section or in violation of 8 any federal, state and local laws, rules or regulations. The independent 9 compliance officer shall report to the [RJCSB] RJSCB on a monthly basis. 10 § 21. Reporting requirements. (a) On June 30, 2008 and annually there- 11 after, until completion of the [39] 51 projects authorized pursuant to 12 this act, the RJSCB shall issue a report to the governor, the comp- 13 troller, the commissioner, the temporary president of the senate, the 14 speaker of the assembly, the city, the city council and the city school 15 district on the progress and status of the projects undertaken by the 16 RJSCB. Provided further, that if any such entities request information 17 on the progress and status of the projects prior to such report, it 18 shall be provided to such entities by the RJSCB. 19 [In addition, on] (b) On or before June 30, 2021, or upon completion 20 of the 26 projects authorized in phase two pursuant to this act, which- 21 ever shall first occur, the RJSCB shall issue a report to the city, the 22 city school district, the governor, the commissioner, the comptroller, 23 the temporary president of the senate, the speaker of the assembly, the 24 minority leader of the senate, the minority leader of the assembly, the 25 state board of regents, and the chairs and ranking minority members of 26 the New York state senate and assembly committees on education, the 27 finance committee of the New York state senate, and the ways and means 28 committee of the New York state assembly. Such report shall identify the 29 fiscal and pedagogical results of the projects undertaken pursuant to 30 this act, along with recommendations for its continuance, amendments, or 31 discontinuance. 32 (c) On or before June 30, 2031, or upon completion of the 12 projects 33 authorized in phase three pursuant to this act, whichever shall first 34 occur, the RJSCB shall issue a report to the city, the city school 35 district, the governor, the commissioner, the comptroller, the temporary 36 president of the senate, the speaker of the assembly, the minority lead- 37 er of the senate, the minority leader of the assembly, the state board 38 of regents, and the chairs and ranking minority members of the New York 39 state senate and assembly committees on education, the finance committee 40 of the New York state senate, and the ways and means committee of the 41 New York state assembly. Such report shall identify the fiscal and peda- 42 gogical results of the projects undertaken pursuant to this act, along 43 with recommendations for its continuance, amendments, or discontinuance. 44 (d) Reporting requirements and state aid. Where the commissioner has 45 determined that the RJSCB has not complied with any reporting require- 46 ment prescribed in section 21 of this act, the commissioner may tempo- 47 rarily withhold the allotment, apportionment and payment of state aid 48 and assistance pursuant to the education law from the city school 49 district until such time that the RJSCB has complied with such require- 50 ments. Provided further that in the event state aid is temporarily with- 51 held from the city school district due to reporting deficiencies as 52 provided in this section, state aid payments shall continue to be 53 subject to withholding pursuant to section 99-b of the state finance law 54 should the city school district default in the payment of the principal 55 of its bonds or notes issued for purposes of this act or the payment ofA. 993--A 9 1 interest on such bonds or notes or in the payment of both principal of 2 and interest on such bonds or notes. 3 § 3. Paragraph a of subdivision 6 of section 3602 of the education law 4 is amended by adding a new subparagraph 9 to read as follows: 5 (9) Notwithstanding any other provision of law to the contrary, for 6 the purpose of computation of building aid for reconstruction or modern- 7 izing of no more than six projects pursuant to chapter four hundred 8 sixteen of the laws of two thousand seven, as amended, enacting the 9 third phase of the city of Rochester school facilities modernization 10 program act, multi-year cost allowances for each project shall be estab- 11 lished and utilized two times in the first five-year period. Subsequent 12 multi-year cost allowances shall be established no sooner than ten years 13 after establishment of the first maximum cost allowance authorized 14 pursuant to this subparagraph. 15 § 4. This act shall take effect immediately and shall apply to all 16 contracts entered into, renewed, modified or amended on or after such 17 effective date.