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.