Bill Text: NY A02092 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides the same adjustment for capital apportionment to high need school districts bordering the city of New York as used by school districts of the city of New York.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to education [A02092 Detail]

Download: New_York-2021-A02092-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2092

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Education

        AN ACT to amend the education law,  in  relation  to  apportionment  for
          capital  outlays  and  debt  service  for  school building purposes to
          certain high need school districts

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subparagraphs  1 and 3 of paragraph a of subdivision 6 of
     2  section 3602 of the education law, as amended by section 5 of part A  of
     3  chapter 60 of the laws of 2000, are amended to read as follows:
     4    (1)  For new construction and the purchase of existing structures, the
     5  cost allowances shall be based upon the rated capacity of  the  building
     6  or  addition and a basic per pupil allowance of up to six thousand three
     7  hundred seventy-five dollars  adjusted  monthly  by  a  statewide  index
     8  reflecting  changes in the cost of labor and materials since July first,
     9  nineteen hundred ninety-two, established by the commissioner  of  labor,
    10  modified by an annual county or multi-county labor market composite wage
    11  rate,  established by the commissioner of labor in consultation with the
    12  commissioner, for July first of the base year,  commencing  July  first,
    13  nineteen hundred ninety-seven for general construction contracts awarded
    14  on  or  after  July first, nineteen hundred ninety-eight, indexed to the
    15  median of such county or multi-county rates, but not less than one.  For
    16  aid payable in school year two thousand twenty-one--twenty-two and ther-
    17  eafter,  for  school  districts located in counties with a population of
    18  more than nine hundred forty thousand and less than one million inhabit-
    19  ants according to the two thousand ten federal census and  are  eligible
    20  for  aid  pursuant  to  clause (c) of subparagraph two of paragraph c of
    21  this subdivision, such aid shall be adjusted by the annual county  labor
    22  market  composite  wage  rate  of  the city school district of such city
    23  having a population of one million or more inhabitants. Such base allow-
    24  ance shall apply to a building or an addition housing grades  prekinder-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00513-01-1
        A. 2092                             2

     1  garten  through  six and shall be adjusted for a building or an addition
     2  housing grades seven through nine by a factor of  one  and  four-tenths,
     3  for  a  building or an addition housing grades seven through twelve by a
     4  factor  of  one  and  five-tenths,  for  a  building or addition housing
     5  special education programs by a factor of two, except  that  where  such
     6  building or addition is connected to, or such space is located within, a
     7  public  school  facility  housing  programs  for  nondisabled pupils, as
     8  approved by the commissioner, a factor of three  shall  be  used.  Rated
     9  capacity of a building or an addition shall be determined by the commis-
    10  sioner  based  on  space  standards  and other requirements for building
    11  construction specified by the  commissioner.    Such  assigned  capacity
    12  ratings shall include, in addition to those spaces used for the instruc-
    13  tion of pupils, those spaces which are used for elementary and secondary
    14  school   libraries,  cafeterias,  prekindergarten  instructional  rooms,
    15  teachers'  conference  rooms,  gymnasiums  and  auditoriums.   For   new
    16  construction  projects approved on or after July first, two thousand, by
    17  the voters of the school district or by the board of education of a city
    18  school district in a city with more than one hundred  twenty-five  thou-
    19  sand  inhabitants,  and/or the chancellor in a city school district in a
    20  city having a population of one million or more, such rated capacity for
    21  new buildings and additions constructed to  replace  existing  buildings
    22  that,  in  the  judgment  of  the commissioner, have not been adequately
    23  maintained and have not reached their projected  useful  life  shall  be
    24  reduced  by  the commissioner by an amount proportional to the remaining
    25  unused portion of the useful life of the  existing  buildings,  provided
    26  however  that the commissioner may waive such requirement upon a finding
    27  that replacement of the existing building is necessary  to  protect  the
    28  health  and safety of students or staff, that reconstruction and modern-
    29  ization of the existing  building  would  not  adequately  address  such
    30  health  and  safety  problems, and that the need to replace the building
    31  was not caused by failure to adequately maintain the  building.  If  the
    32  commissioner  of  labor resets the statewide index reflecting changes in
    33  the costs of labor and materials  since  July  first,  nineteen  hundred
    34  ninety-two,  the  commissioner  shall adopt regulations to supersede the
    35  basic per pupil allowance of up to six thousand three  hundred  seventy-
    36  five dollars to the imputed allowance in effect at that time.
    37    (3) Cost allowances for reconstructing or modernizing structures shall
    38  not  exceed one hundred per centum of the cost allowances for the equiv-
    39  alent new construction over the projected useful life of  the  building,
    40  to be determined in accordance with the regulations of the commissioner.
    41  Reconstruction  projects  shall reasonably meet the criteria established
    42  for new  construction,  including  but  not  limited  to  energy,  fire,
    43  personal safety and space per pupil standards. For aid payable in school
    44  year  two  thousand  twenty-one--twenty-two  and  thereafter, for school
    45  districts located in counties  with  a  population  of  more  than  nine
    46  hundred  forty  thousand and less than one million inhabitants according
    47  to the two thousand ten federal census and are eligible for aid pursuant
    48  to clause (c) of subparagraph two of paragraph c  of  this  subdivision,
    49  such  aid  shall be adjusted by the annual county labor market composite
    50  wage rate of the city school district of such city having  a  population
    51  of one million or more inhabitants.
    52    § 2. This act shall take effect immediately.