Bill Text: NY S02884 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes the New York city school construction authority to obtain certain demographic data and utilize such data in connection with the authority's five-year educational facilities capital plan; requires consideration of student demographic data in connection with approval of five-year educational facilities capital plans; and requires the publication of findings and commentary on such plan.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S02884 Detail]
Download: New_York-2011-S02884-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2884
2011-2012 Regular Sessions
I N S E N A T E
February 2, 2011
___________
Introduced by Sens. SQUADRON, OPPENHEIMER -- read twice and ordered
printed, and when printed to be committed to the Committee on Corpo-
rations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to authorizing
the New York city school construction authority to obtain certain
demographic data and utilize such data in connection with the authori-
ty's five-year educational facilities capital plan; and to amend the
education law, in relation to requiring consideration of student demo-
graphic data in connection with approval of five-year educational
facilities capital plans and to require the publication of findings
and commentary on such plan
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 13 of section 1728 of the public authorities
2 law, as added by chapter 738 of the laws of 1988, is amended and two new
3 subdivisions 13-a and 13-b are added to read as follows:
4 13. To enter into agreements with the city's department of city plan-
5 ning to render any services the authority may request, including but not
6 limited to professional and technical assistance by planning experts,
7 engineers, architects and any other staff as may be necessary, and the
8 use of the premises, personnel, equipment, ACCESS TO RELEVANT DATA and
9 personal property of the department of city planning. The authority
10 shall provide for reimbursement to the department of city planning from
11 the authority for any expenses incurred by the department of city plan-
12 ning in carrying out the terms of any such agreements;
13 13-A. TO ENTER INTO AGREEMENTS WITH THE CITY'S DEPARTMENT OF HEALTH
14 AND MENTAL HYGIENE TO RENDER ANY SERVICES THE AUTHORITY MAY REQUEST,
15 INCLUDING BUT NOT LIMITED TO ACCESS TO BIRTH RATE DATA. THE AUTHORITY
16 SHALL PROVIDE FOR REIMBURSEMENT TO THE DEPARTMENT OF HEALTH AND MENTAL
17 HYGIENE FROM THE AUTHORITY FOR ANY EXPENSES INCURRED BY THE DEPARTMENT
18 OF HEALTH AND MENTAL HYGIENE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03223-01-1
S. 2884 2
1 13-B. TO COORDINATE WITH THE OFFICE OF CITY PLANNING AND DEPARTMENT OF
2 HEALTH AND MENTAL HYGIENE TO CREATE UNIFORM, CITYWIDE POPULATION PROJEC-
3 TIONS BASED ON DATA PRODUCED BY THE OFFICE OF CITY PLANNING AND DEPART-
4 MENT OF HEALTH AND MENTAL HYGIENE. SUCH PROJECTIONS SHALL BE USED IN THE
5 CREATION AND IMPLEMENTATION OF THE AUTHORITY'S FIVE-YEAR EDUCATIONAL
6 FACILITIES CAPITAL PLAN;
7 S 2. Section 1731 of the public authorities law, as added by chapter
8 738 of the laws of 1988, is amended to read as follows:
9 S 1731. Community participation. 1. Prior to the commencing of new
10 construction or building additions of an educational facility, or the
11 acquisition of real property or any interest therein for such purpose,
12 the authority shall file a copy of the site plan of such facility in its
13 offices and shall provide a copy thereof to the city board, the city
14 planning commission and the community school board and community board
15 of the district in which the facility will be located. SUCH PLAN SHALL
16 INCLUDE DATA ON PROJECTED STUDENT POPULATION FOR THE DISTRICT OR
17 DISTRICTS AFFECTED, THE SOURCE OF THAT DATA AND THE RATIONALE FOR THE
18 PROPOSED CONSTRUCTION OR ADDITION. Upon request, any other person shall
19 be furnished with such plan or a summary thereof. The authority shall
20 publish in a newspaper of general circulation in the city a notice of
21 the filing of such plan and the availability of the plan and a summary
22 thereof. Such plan shall include, in the case of any project for which
23 the acquisition of real property or interest therein is proposed, the
24 recommended site, any alternate sites considered, and any rationale as
25 to why the alternate sites were not selected.
26 2. Within thirty days after publication of the notice required under
27 subdivision one of this section, a public hearing with sufficient public
28 notice shall be held by each affected community school board on any or
29 all aspects of the site plan and by each affected community board on
30 aspects of the site plan which relate to the general public use of the
31 educational facility and to its impact on the surrounding community,
32 INCLUDING BUT NOT LIMITED TO THE RESPONSIVENESS OF THE SITE PLAN TO
33 PROJECTED CHANGES IN POPULATION IN THE AFFECTED DISTRICTS. The affected
34 board may request the attendance of representatives of the authority or
35 the city board at a hearing and the authority or the city board shall
36 comply with such requests. If the proposed project affects two or more
37 school districts or community boards, then a hearing may be held jointly
38 by the affected community school boards and/or the affected community
39 boards. Any affected community school board, together with any affected
40 community board, may at their mutual discretion, elect to conduct a
41 hearing jointly.
42 3. Within forty-five days after publication of such notice, each
43 affected community school board or community board shall prepare and
44 submit to the authority, written comments on the site plan. Any other
45 organization or person shall also have the opportunity to present writ-
46 ten comments on the plan during this period. Each comment received by
47 the authority on such plan at any time prior to action being taken by
48 the authority on the plan shall be considered by the authority in
49 connection with such action.
50 4. After due consideration of such comments, if any, the authority may
51 affirm, modify or withdraw the plan. UPON FINAL DETERMINATION BY THE
52 AUTHORITY REGARDING THE PLAN, THE AUTHORITY SHALL MAKE PUBLIC THE
53 COMMENTS SUBMITTED PURSUANT TO SUBDIVISION THREE OF THIS SECTION AS WELL
54 AS THE AUTHORITY'S ASSESSMENT OF SUCH COMMENTS. SUCH ASSESSMENT SHALL
55 INCLUDE:
S. 2884 3
1 A. A SUMMARY AND AN ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT
2 ALTERNATIVES SUGGESTED IF ANY;
3 B. A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE OR
4 WERE NOT INCORPORATED INTO THE FINAL PLAN; AND
5 C. A DESCRIPTION OF ANY CHANGES MADE TO THE PROPOSED PLAN AS A RESULT
6 OF PUBLIC COMMENTS RECEIVED.
7 5. Nothing herein shall preclude the authority from holding hearings
8 on the site plan, provided, however, that any such hearings on the site
9 plan shall be conducted within the period specified in subdivision three
10 of this section.
11 S 3. Subparagraph 1 of paragraph (c) and paragraph (e) of subdivision
12 3 of section 2590-b of the education law, as amended by chapter 345 of
13 the laws of 2009, are amended to read as follows:
14 (1) each community district shall: (i) be a suitable size for effi-
15 cient policy-making and economic management; (ii) contain a reasonable
16 number of pupils; (iii) be compact and contiguous, contained within
17 county lines, and to the maximum extent possible, keep intact communi-
18 ties and neighborhoods; [and] (iv) bear a rational relationship to
19 geographic areas for which the city of New York plans and provides
20 services; AND (V) BE CREATED UTILIZING, AT A MINIMUM, DATA PROVIDED BY
21 THE OFFICE OF CITY PLANNING AND THE DEPARTMENT OF HEALTH AND MENTAL
22 HYGIENE TO ENSURE A COMPREHENSIVE CITYWIDE PLAN FOR GROWTH;
23 (e) The city board of education shall hold public hearings in each
24 borough on the recommendations submitted by the study group and may
25 adopt, revise or reject in whole or in part such recommendations, or,
26 may request the study group to submit adjusted recommendations. THE
27 CITY BOARD OF EDUCATION SHALL MAKE PUBLIC THE COMMENTS SUBMITTED AS A
28 PART OF SUCH PUBLIC HEARINGS AS WELL AS THE BOARD'S ASSESSMENT OF SUCH
29 COMMENTS. SUCH ASSESSMENT SHALL INCLUDE:
30 (I) A SUMMARY AND AN ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT
31 ALTERNATIVES SUGGESTED IF ANY;
32 (II) A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE
33 OR WERE NOT INCORPORATED INTO THE FINAL PLAN; AND
34 (III) A DESCRIPTION OF ANY CHANGES MADE TO THE PROPOSED PLAN AS A
35 RESULT OF PUBLIC COMMENTS RECEIVED.
36 The final recommendations shall be adopted by the city board of educa-
37 tion no later than February first, nineteen hundred ninety-five to take
38 effect July first, nineteen hundred ninety-six, provided that such
39 revised boundaries adopted by the city board pursuant to this chapter
40 shall be used for purposes of community school board elections to be
41 held on the first Tuesday in May, nineteen hundred ninety-six.
42 S 4. Subdivision 11 of section 2590-e of the education law, as added
43 by chapter 123 of the laws of 2003, is amended to read as follows:
44 11. Approve zoning lines, as submitted by the superintendent, consist-
45 ent with the regulations of the chancellor, applicable to schools under
46 the jurisdiction of the community district. SUCH APPROVAL SHALL BE
47 BASED IN PART ON THE APPROPRIATENESS OF THE PROPOSED ZONING LINES, AND
48 BASED IN PART ON DATA PROVIDED BY THE OFFICE OF CITY PLANNING AND THE
49 DEPARTMENT OF HEALTH AND MENTAL HYGIENE INCLUDING BIRTH RATE DATA.
50 S 5. Subdivision 1 of section 2590-p of the education law, as added by
51 chapter 738 of the laws of 1988, is amended to read as follows:
52 1. In accordance with subdivision three of this section, the chancel-
53 lor shall prepare proposed five-year educational facilities capital
54 plans. Each such plan shall describe each program element proposed in
55 the plan, and shall set forth an estimate of the cost of each program
56 element, an estimate of the capital funding required each year and the
S. 2884 4
1 expected sources of such funding. The plan shall also set forth an esti-
2 mate of the cost of each project identified in the plan, shall assign
3 priorities to the projects included therein and shall state the year in
4 which each such project's design and construction is proposed to be
5 initiated and estimated to be completed. IN PREPARING THE PLAN AND EACH
6 PROJECT CONTAINED THEREIN, THE CHANCELLOR SHALL CONSIDER THE EFFECT OF
7 DATA PROVIDED BY THE OFFICE OF CITY PLANNING AND THE DEPARTMENT OF
8 HEALTH AND MENTAL HYGIENE, INCLUDING BIRTH RATE DATA.
9 S 6. Paragraph b of subdivision 3 of section 2590-p of the education
10 law, as amended by chapter 345 of the laws of 2009, is amended to read
11 as follows:
12 b. Commencing on November first, nineteen hundred ninety-three, and
13 every five years thereafter, the chancellor shall submit a proposed
14 five-year educational facilities capital plan to take effect on the
15 succeeding July first to each community district education council,
16 which shall conduct a public hearing and shall prepare and submit recom-
17 mendations to the chancellor on or before January first of the ensuing
18 year with respect to matters in the plan that involve that school
19 district. The chancellor shall consider the recommendations received
20 from the community district education councils, and, on or before Febru-
21 ary first of such year, shall submit a final proposed five-year educa-
22 tional facilities capital plan to the city board for its approval pursu-
23 ant to paragraph (d) of subdivision one of section twenty-five hundred
24 ninety-g of this article. UPON CONSIDERATION OF THE RECOMMENDATIONS OF
25 THE COMMUNITY SCHOOL DISTRICT EDUCATION COUNCILS, THE BOARD SHALL MAKE
26 PUBLIC THE RECOMMENDATIONS SUBMITTED PURSUANT TO THIS PARAGRAPH, AS WELL
27 AS THE BOARD'S ASSESSMENT OF SUCH RECOMMENDATIONS. SUCH ASSESSMENT SHALL
28 INCLUDE:
29 (I) A SUMMARY AND AN ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT
30 ALTERNATIVES SUGGESTED IF ANY;
31 (II) A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE
32 OR WERE NOT INCORPORATED INTO THE FINAL PLAN; AND
33 (III) A DESCRIPTION OF ANY CHANGES MADE TO THE PROPOSED PLAN AS A
34 RESULT OF THE RECOMMENDATIONS RECEIVED.
35 S 7. Paragraph b of subdivision 3 of section 2590-p of the education
36 law, as added by chapter 738 of the laws of 1988, is amended to read as
37 follows:
38 b. Commencing on November first, nineteen hundred ninety-three, and
39 every five years thereafter, the chancellor shall submit a proposed
40 five-year educational facilities capital plan to take effect on the
41 succeeding July first to each community school board, which shall
42 conduct a public hearing and shall prepare and submit recommendations to
43 the chancellor on or before January first of the ensuing year with
44 respect to matters in the plan that involve that school district. The
45 chancellor shall consider the recommendations received from the communi-
46 ty school boards, and, on or before February first of such year, shall
47 submit a final proposed five-year educational facilities capital plan to
48 the city board for its approval. On or before March first of such year,
49 the city board shall approve the five-year educational facilities capi-
50 tal plan submitted by the chancellor or such plan as is determined by
51 the city board. UPON CONSIDERATION OF THE RECOMMENDATIONS OF THE COMMU-
52 NITY SCHOOL BOARDS, THE BOARD SHALL MAKE PUBLIC THE RECOMMENDATIONS
53 SUBMITTED PURSUANT TO THIS PARAGRAPH, AS WELL AS THE BOARD'S ASSESSMENT
54 OF SUCH RECOMMENDATIONS. SUCH ASSESSMENT SHALL INCLUDE:
55 (I) A SUMMARY AND AN ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT
56 ALTERNATIVES SUGGESTED IF ANY;
S. 2884 5
1 (II) A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE
2 OR WERE NOT INCORPORATED INTO THE FINAL PLAN; AND
3 (III) A DESCRIPTION OF ANY CHANGES MADE TO THE PROPOSED PLAN AS A
4 RESULT OF THE RECOMMENDATIONS RECEIVED.
5 S 8. Paragraph a of subdivision 6 of section 2590-p of the education
6 law, as added by chapter 738 of the laws of 1988, is amended to read as
7 follows:
8 a. For each project included in an approved five-year educational
9 facilities capital plan, the chancellor shall develop a detailed scope
10 of the project, which shall include the following: (i) the purposes and
11 public to be served, (ii) the programs to be conducted in the facility,
12 (iii) the gross amounts of space and bulk for any building or structure,
13 (iv) identification of the intent to use architectural, engineering or
14 other consultant services and estimated fees for such consultant
15 services (v) the schedule of design and construction, (vi) the total
16 estimated project costs, including costs for site acquisition, prepara-
17 tion and tenant relocation, design, construction and equipment, (vii)
18 maximum estimated expenditures for the project for each fiscal year
19 until its completion, (viii) costs associated with maintenance and oper-
20 ation of the physical plant [and]; (ix) THE EFFECT OF DATA PROVIDED BY
21 THE OFFICE OF CITY PLANNING AND THE DEPARTMENT OF HEALTH AND MENTAL
22 HYGIENE, INCLUDING BIRTH RATE DATA FOR EACH PROJECT INCLUDED IN THE
23 PLAN; AND (X) such other information as the chancellor shall specify. In
24 the event, a project consists of a program element without identifica-
25 tion of the particular education facility at which such project is to be
26 performed, the detailed scope of the project shall specify the nature of
27 the work to be performed, applicable price and quality standards, a list
28 of the schools eligible for such work, annual performance targets and
29 the total estimated costs of such project during each fiscal year until
30 its completion.
31 S 9. This act shall take effect immediately; provided:
32 a. the amendments to subdivision 3 of section 2590-b of the education
33 law made by section three of this act shall not affect the expiration of
34 such section and shall expire and be deemed repealed therewith;
35 b. the amendments to subdivision 11 of section 2590-e of the education
36 law made by section four of this act shall not affect the repeal of such
37 subdivision and shall expire and be deemed repealed therewith; and
38 c. the amendments to paragraph b of subdivision 3 of section 2590-p of
39 the education law made by section six of this act shall be subject to
40 the expiration and reversion of such section pursuant to section 34 of
41 chapter 91 of the laws of 2002, as amended, when upon such date the
42 provisions of section seven of this act shall take effect.
