Bill Text: NY A08403 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts the 2012 facility alternatives for schools act, which authorizes construction of new school facilities at a lower cost and in a faster time frame than is permitted under current law by using current development, construction, reconstruction, leasing and financing techniques available.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-22 - print number 8403a [A08403 Detail]
Download: New_York-2011-A08403-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8403
2011-2012 Regular Sessions
I N A S S E M B L Y
June 15, 2011
___________
Introduced by M. of A. SCHIMMINGER -- read once and referred to the
Committee on Education
AN ACT to authorize the construction of new school facilities utilizing
facility alternatives for schools; and providing for the repeal of
such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "2011
2 facility alternatives for schools act".
3 S 2. For the purposes of this act the terms:
4 1. "School district" shall mean any union free school district,
5 central school district, central high school district or city school
6 district.
7 2. "Person" shall mean a municipality or other governmental body,
8 public corporation or authority, private corporation, partnership or
9 individual.
10 S 3. (a) Notwithstanding the provisions of any other law, general,
11 special or local, relating to the length, duration and terms of
12 contracts a school district may enter into, any school district is here-
13 by authorized and empowered to enter into contracts, leases or rental
14 agreements with any person, upon such terms and conditions for such
15 consideration and for such terms or duration, not to exceed thirty
16 years, as may be agreed upon by the school district, and such person,
17 whereby such person is granted the right to construct, reconstruct,
18 finance or own a school building facility designed with a student capac-
19 ity not to exceed three thousand.
20 (b) Notwithstanding the provisions of any general, special or local
21 law, a contract entered into between a school district and any person
22 pursuant to this act may be awarded pursuant to public bidding in
23 compliance with section 103 of the general municipal law or pursuant to
24 the following provisions for the award of a contract based on evaluation
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01807-01-1
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1 of proposals submitted in response to a request for proposals prepared
2 by or for a school district. The school district shall require that each
3 proposal to be submitted shall include information relating to the expe-
4 rience of the proposer, the ability of the proposer to secure adequate
5 financing, identification and specification of all elements of cost
6 which would become a charge to the school district, in whatever form, in
7 return for the fulfillment by the proposer of all tasks and responsibil-
8 ities established by the request for the proposal for the full lifetime
9 of a proposed contract, including, as appropriate, but not limited to
10 the cost of planning, design, construction, reconstruction, financing,
11 ownership and/or maintenance of such school building facility and such
12 other information as the school district may determine to have a materi-
13 al bearing on its ability to evaluate any proposal for such school
14 building facility.
15 Prior to the issuance of a request for proposals pursuant to this act,
16 the school district shall publish notice of such issuance in the offi-
17 cial newspaper of the school district, if any, and in at least one news-
18 paper of general circulation. Concurrent with the publication of such
19 notice of a draft request for proposals shall be filed with the clerk of
20 the school district or the chief executive officer of such school
21 district. After allowing a thirty day comment period and an additional
22 thirty days to review such comments, the school district may publish the
23 final request for proposals and concurrent with such publication shall
24 publish notice of such issuance in the manner specified in this para-
25 graph. Concurrent with the publication of the final request for
26 proposals a set of comments filed in relation to the draft request for
27 proposals and findings related to the substantive elements of such
28 comments shall be filed along with the request for proposals with the
29 clerk or chief executive officer of such school district and in the
30 public library or libraries in proximity to the proposed school building
31 facility site.
32 Proposals received in response to such request for proposals shall be
33 evaluated by the school district as to net cost and in a manner consist-
34 ent with provisions set forth in the request for proposals, may be
35 evalucated on the basis of additional factors, including, but not limit-
36 ed to, facility design incorporating systems and approaches which
37 provide maximum facility value at the lowest possible cost using the
38 best current development life cycle costs, construction, reconstruction,
39 leasing and financing techniques available.
40 The school district may make a contract award to any responsible
41 proposer selected based on a determination by the school district that
42 the selected proposal is most responsive to the request for proposals
43 and may negotiate with any proposer; provided, however, that if an award
44 is made to any proposer whose total proposal does not provide either the
45 lowest net cost, the school district shall adopt a resolution after
46 public hearing which includes particularized findings relevant to
47 factors evaluated indicating that the school district's requirements are
48 met by such award and that such action is in the public interest. Such
49 contract may be a single guaranteed maximum price general contract or
50 utilize a full construction management contract approach.
51 (c) All requests for proposals by the school district pursuant to this
52 act shall be subject to review and approval by the commissioner of
53 education prior to the issuance of such request for proposal by the
54 school district.
55 (d) Whenever the school district enters into a contract for the
56 construction of a school building facility pursuant to this act, the
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1 provisions of section 220 of the labor law shall be applicable to such
2 construction work.
3 (e) Every contract entered into by the school district for
4 construction of a school building facility shall contain provisions that
5 the design and construction standards of such facility shall be subject
6 to the review and approval of the school district, that the project
7 developer shall furnish a bond guaranteeing prompt payment of moneys
8 that are due to all persons furnishing labor and materials pursuant to
9 the requirements of any construction contracts, and a security bond for
10 the faithful performance of the school district project which shall
11 conform to the provisions of section 103-f of the general municipal law
12 and that a copy of such performance and payment bonds shall be kept by
13 the school district and shall be open to public inspection.
14 S 4. Notwithstanding the provisions of section 3602 of the education
15 law or any other provision of law, the school district shall be entitled
16 to an apportionment for capital outlays and debt service for a school
17 building facility constructed pursuant to the provisions of this act in
18 the same manner as such school district would otherwise be entitled
19 pursuant to law for the construction of a new school building facility.
20 S 5. Contracts to be issued by the school district for the design,
21 construction, reconstruction, lease, financing or ownership of a school
22 building facility pursuant to the provisions of this act shall be
23 subject to the provisions of section 109-b of the general municipal law,
24 except for paragraph (a) of subdivision 3 and subdivision 5 of such
25 section and except to the extent section 109-b of the general municipal
26 law is inconsistent with the provisions of this act.
27 S 6. Contracts issued by the school district for the design,
28 construction, reconstruction, lease, financing or ownership of a school
29 building facility pursuant to the provisions of this act may be funded
30 by certificates of participation.
31 S 7. All contracts awarded or entered into by the school district for
32 the construction, reconstruction, alteration, lease or lease-purchase of
33 a school building facility pursuant to this act shall not be subject to
34 section 101 of the general municipal law.
35 S 8. Notwithstanding any other provision of law, a school building
36 facility constructed pursuant to the provisions of this act shall be
37 exempt from real property taxation when such facility is leased by the
38 school district and actually used for school purposes by such school
39 district.
40 S 9. Nothing in this act shall be construed to exempt a school
41 construction or reconstruction project undertaken pursuant to this act
42 from the review and approval procedures applied to such projects by the
43 education department when undertaken pursuant to the education law.
44 S 10. This act shall take effect immediately and shall expire and be
45 deemed repealed 5 years after such effective date.
