Bill Text: NY S01429 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts the 2014 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 (Republican 2-0)

Status: (Introduced - Dead) 2014-02-07 - PRINT NUMBER 1429B [S01429 Detail]

Download: New_York-2013-S01429-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1429
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sens. RANZENHOFER, DeFRANCISCO -- read twice and ordered
         printed, and when printed to be committed to the Committee  on  Educa-
         tion
       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  "2013
    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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04842-01-3
       S. 1429                             2
    1  compliance  with section 103 of the general municipal law or pursuant to
    2  the following provisions for the award of a contract based on evaluation
    3  of proposals submitted in response to a request for  proposals  prepared
    4  by or for a school district. The school district shall require that each
    5  proposal to be submitted shall include information relating to the expe-
    6  rience  of  the proposer, the ability of the proposer to secure adequate
    7  financing, identification and specification  of  all  elements  of  cost
    8  which would become a charge to the school district, in whatever form, in
    9  return for the fulfillment by the proposer of all tasks and responsibil-
   10  ities  established by the request for the proposal for the full lifetime
   11  of a proposed contract, including, as appropriate, but  not  limited  to
   12  the  cost  of planning, design, construction, reconstruction, financing,
   13  ownership and/or maintenance of such school building facility  and  such
   14  other information as the school district may determine to have a materi-
   15  al  bearing  on  its  ability  to  evaluate any proposal for such school
   16  building facility.
   17    Prior to the issuance of a request for proposals pursuant to this act,
   18  the school district shall publish notice of such issuance in  the  offi-
   19  cial newspaper of the school district, if any, and in at least one news-
   20  paper  of  general  circulation. Concurrent with the publication of such
   21  notice of a draft request for proposals shall be filed with the clerk of
   22  the school district or  the  chief  executive  officer  of  such  school
   23  district.  After  allowing a thirty day comment period and an additional
   24  thirty days to review such comments, the school district may publish the
   25  final request for proposals and concurrent with such  publication  shall
   26  publish  notice  of  such issuance in the manner specified in this para-
   27  graph.  Concurrent  with  the  publication  of  the  final  request  for
   28  proposals  a  set of comments filed in relation to the draft request for
   29  proposals and findings related  to  the  substantive  elements  of  such
   30  comments  shall  be  filed along with the request for proposals with the
   31  clerk or chief executive officer of such  school  district  and  in  the
   32  public library or libraries in proximity to the proposed school building
   33  facility site.
   34    Proposals  received in response to such request for proposals shall be
   35  evaluated by the school district as to net cost and in a manner consist-
   36  ent with provisions set forth in the request for proposals, may be eval-
   37  uated on the basis of additional factors, including, but not limited to,
   38  facility design incorporating systems and approaches which provide maxi-
   39  mum facility value at the lowest possible cost using  the  best  current
   40  development  life cycle costs, construction, reconstruction, leasing and
   41  financing techniques available.
   42    The school district may make  a  contract  award  to  any  responsible
   43  proposer  selected  based on a determination by the school district that
   44  the selected proposal is most responsive to the  request  for  proposals
   45  and may negotiate with any proposer; provided, however, that if an award
   46  is made to any proposer whose total proposal does not provide either the
   47  lowest  net  cost,  the  school  district shall adopt a resolution after
   48  public  hearing  which  includes  particularized  findings  relevant  to
   49  factors evaluated indicating that the school district's requirements are
   50  met  by  such award and that such action is in the public interest. Such
   51  contract may be a single guaranteed maximum price  general  contract  or
   52  utilize a full construction management contract approach.
   53    (c) All requests for proposals by the school district pursuant to this
   54  act  shall  be  subject  to  review  and approval by the commissioner of
   55  education prior to the issuance of such  request  for  proposal  by  the
   56  school district.
       S. 1429                             3
    1    (d)  Whenever  the  school  district  enters  into  a contract for the
    2  construction of a school building facility pursuant  to  this  act,  the
    3  provisions  of  section 220 of the labor law shall be applicable to such
    4  construction work.
    5    (e)   Every   contract   entered  into  by  the  school  district  for
    6  construction of a school building facility shall contain provisions that
    7  the design and construction standards of such facility shall be  subject
    8  to  the  review  and  approval  of the school district, that the project
    9  developer shall furnish a bond guaranteeing  prompt  payment  of  moneys
   10  that  are  due to all persons furnishing labor and materials pursuant to
   11  the requirements of any construction contracts, and a security bond  for
   12  the  faithful  performance  of  the  school district project which shall
   13  conform to the provisions of section 103-f of the general municipal  law
   14  and  that  a copy of such performance and payment bonds shall be kept by
   15  the school district and shall be open to public inspection.
   16    S 4. Notwithstanding the provisions of section 3602 of  the  education
   17  law or any other provision of law, the school district shall be entitled
   18  to  an  apportionment  for capital outlays and debt service for a school
   19  building facility constructed pursuant to the provisions of this act  in
   20  the  same  manner  as  such  school district would otherwise be entitled
   21  pursuant to law for the construction of a new school building facility.
   22    S 5. Contracts to be issued by the school  district  for  the  design,
   23  construction,  reconstruction, lease, financing or ownership of a school
   24  building facility pursuant to  the  provisions  of  this  act  shall  be
   25  subject to the provisions of section 109-b of the general municipal law,
   26  except  for  paragraph  (a)  of  subdivision 3 and subdivision 5 of such
   27  section and except to the extent section 109-b of the general  municipal
   28  law is inconsistent with the provisions of this act.
   29    S  6.  Contracts  issued  by  the  school  district  for  the  design,
   30  construction, reconstruction, lease, financing or ownership of a  school
   31  building  facility  pursuant to the provisions of this act may be funded
   32  by certificates of participation.
   33    S 7. All contracts awarded or entered into by the school district  for
   34  the construction, reconstruction, alteration, lease or lease-purchase of
   35  a  school building facility pursuant to this act shall not be subject to
   36  section 101 of the general municipal law.
   37    S 8. Notwithstanding any other provision of  law,  a  school  building
   38  facility  constructed  pursuant  to  the provisions of this act shall be
   39  exempt from real property taxation when such facility is leased  by  the
   40  school  district  and  actually  used for school purposes by such school
   41  district.
   42    S 9. Nothing in this  act  shall  be  construed  to  exempt  a  school
   43  construction  or  reconstruction project undertaken pursuant to this act
   44  from the review and approval procedures applied to such projects by  the
   45  education department when undertaken pursuant to the education law.
   46    S  10.  This act shall take effect immediately and shall expire and be
   47  deemed repealed 5 years after such effective date.