Bill Text: NY S06870 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes that debt payments for the Rochester school facilities modernization program shall not affect the city of Rochester's maintenance of effort requirements.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Passed) 2012-05-31 - SIGNED CHAP.66 [S06870 Detail]

Download: New_York-2011-S06870-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6870
                                   I N  S E N A T E
                                    March 30, 2012
                                      ___________
       Introduced  by  Sens.  ROBACH, ALESI, MAZIARZ, RANZENHOFER -- read twice
         and ordered printed, and when printed to be committed to the Committee
         on Education
       AN ACT to amend section 5 of chapter 416 of the laws of 2007, establish-
         ing the city of Rochester and the  board  of  education  of  the  city
         school  district of the city of Rochester school facilities moderniza-
         tion program act, in relation to establishing that debt  payments  for
         the Rochester school facilities modernization program shall not affect
         the city of Rochester's maintenance of effort requirements
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 5 of chapter 416 of the laws of 2007,  establishing
    2  the  city  of  Rochester  and  the board of education of the city school
    3  district of  the  city  of  Rochester  school  facilities  modernization
    4  program act, is amended to read as follows:
    5    S  5.  Comprehensive  school  facilities  modernization plan.   Before
    6  formal selection of the projects occurs, the RSC board shall  develop  a
    7  comprehensive  school  facilities  modernization  plan  recommending and
    8  outlining the projects it proposes to be potentially undertaken pursuant
    9  to this act.  Such plan shall include: (a) an estimate of total costs to
   10  be financed, proposed financing  plan,  proposed  method  of  financing,
   11  terms  and  conditions of the financing, estimated financing costs, and,
   12  if city general obligation bonds or notes are not proposed as the method
   13  of financing, a comparison of financing  costs  between  such  bonds  or
   14  notes  and the proposed method of financing.  PAYMENT OF DEBT SERVICE ON
   15  BONDS, NOTES OR OTHER OBLIGATIONS ISSUED TO SECURE FINANCING OF NOT MORE
   16  THAN $325,000,000 FOR PROJECTS UNDERTAKEN PURSUANT TO THIS ACT SHALL NOT
   17  BE CONSIDERED WHEN DETERMINING THE "CITY AMOUNT"  REQUIRED  PURSUANT  TO
   18  SUBPARAGRAPH  (II)  OF PARAGRAPH A OF SUBDIVISION 5-B OF SECTION 2576 OF
   19  THE EDUCATION LAW; PROVIDED, HOWEVER,  THAT  THIS  PROVISION  SHALL  NOT
   20  OTHERWISE AFFECT THE DETERMINATION OF SAID "CITY AMOUNT" WITH RESPECT TO
   21  FUNDING  UNRELATED TO PROJECTS UNDERTAKEN PURSUANT TO THIS ACT. The plan
   22  should also address what specific options would be used to  ensure  that
   23  sufficient  resources exist to cover the local share of any such project
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15127-01-2
       S. 6870                             2
    1  cost on an  annual  basis;  (b)  information  concerning  the  potential
    2  persons  to  be  involved  in  the  financing and such person's role and
    3  responsibilities; (c) estimates on the design, reconstruction and  reha-
    4  bilitation  costs  by  project,  any  administrative costs for potential
    5  projects, and an outline of the timeframe  expected  for  completion  of
    6  each  potential  project;  (d) a detailed description of the request for
    7  proposals process and  an  outline  of  the  criteria  to  be  used  for
    8  selection of the program manager, the independent compliance officer and
    9  all  contractors;  (e)  any  proposed  amendments  to  the  city  school
   10  district's [five year] FIVE-YEAR capital facilities  plan  submitted  in
   11  accordance  with  subdivision 6 of section 3602 of the education law and
   12  the regulations of the commissioner; and  (f)  a  preliminary  diversity
   13  plan  to  develop diversity goals, including appropriate community input
   14  and public discussion, and develop  strategies  that  would  create  and
   15  coordinate  any  efforts  to  ensure  a  more  diverse workforce for the
   16  projects. The preliminary diversity plan should  address  accountability
   17  for attainment of the diversity goals, what forms of monitoring would be
   18  used, and how such information would be publicly communicated.
   19    Prior  to  the  development  of  the  comprehensive  school facilities
   20  modernization plan, the RSC board shall hold as many public hearings  as
   21  may be necessary to ensure sufficient public input and allow for signif-
   22  icant  public  discussion on school building needs in such city, with at
   23  least one hearing to be held in each neighborhood  potentially  impacted
   24  by a proposed project.
   25    All  projects  proposed in the comprehensive school facilities modern-
   26  ization plan shall be included by the city school district as a  special
   27  section  of  the  district's  five-year  capital facilities plan that is
   28  required pursuant to subdivision 6 of section 3602 of the education  law
   29  and the regulations of the commissioner.
   30    The  [JSC] RSC board shall submit the components of such comprehensive
   31  plan outlined in subdivision (a) of this  section  to  the  comptroller,
   32  along  with  any other information requested by the comptroller, for his
   33  or her review and approval.
   34    S 2. This act shall take effect immediately.