NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9758
SPONSOR: Morelle (MS) TITLE OF BILL:
An act to amend the education law, in relation to building aid for
reconstruction or modernizing projects of the Rochester joint schools
construction board
PURPOSE:
For the purpose of making the most efficient use of resources and to
maximize the educational benefit of the reconstruction and modernization
of Rochester City School District (RCSD) buildings pursuant to chapter
533 of the laws of 2014, this bill would authorize two multi-year cost
allowances in a five-year period for eight projects for the computation
of Building Aid. In consideration of this authorization, additional
multi-year cost allowances could not be reset for effected buildings for
a period of ten-years after establishment of the first maximum cost
allowance authorized by this bill.
SUMMARY OF PROVISIONS:
Section one of the bill amends paragraph (a) of subdivision 6 of section
3602 of the education law by adding a new subparagraph 6 to such para-
graph (a) to provide that not more than eight projects related to the
reconstruction or modernization of school buildings in the RCSD pursuant
to the provisions of chapter 533 shall be permitted to utilize two
multi-year cost allowances in a five-year period. The new subparagraph 6
also provides that subsequent multi-year cost allowances may not be
established for a period of ten-years from the date of the first multi-
year cost allowance authorized by this subparagraph.
Section 2 of the bill provides that the act shall take effect immediate-
ly.
JUSTIFICATION:
Chapter 533 of the laws of 2014 authorized Phase II of the RCSD Facili-
ties Modernization Program (FMP) at a cost of $435 million. From their
Phase I experience, the RCSD and the Rochester Joint School Construction
Board have learned how to most efficiently use limited resources, deliv-
er completed projects in a timely manner and minimize disruption to the
educational experience of students during construction. They have
applied this experience in developing the Phase II Strategic Plan.
The State utilizes multi-year cost allowances when calculating Building
Aid for eligible capital projects. Once a district has reached its maxi-
mum cost allowance (MCA) for a particular project, additional state
contribution is not available for a period of five-years. This partic-
ular limitation has an adverse impact on the efficient execution of the
RCSD FMP, increases the costs of these projects, restricts the use of
limited resources and unnecessarily disrupts the academic process.
The current RCSD FMP Phase II Strategic Plan includes 13 projects but
can only be achieved if eight of the projects are provided with two
multi-year cost allowances, which would be authorized pursuant to this
bill. If this variance is not provided, fewer schools will be fully
renovated in Phase II and full utilization of the $435 million would
require a larger number of projects that are significantly narrower in
scope. As such, the long-term soft costs and disruption to students
would be increased with the need to complete full renovations at certain
schools over the course of many years in additional FMP phases.
LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
No additional cost to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9758
IN ASSEMBLY
April 5, 2016
___________
Introduced by M. of A. MORELLE, BRONSON -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to building aid for
reconstruction or modernizing projects of the Rochester joint schools
construction board
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph a of subdivision 6 of section 3602 of the educa-
2 tion law is amended by adding a new subparagraph 6 to read as follows:
3 (6) Notwithstanding any other provision of law to the contrary, for
4 the purpose of computation of building aid for reconstruction or modern-
5 izing of no more than eight projects pursuant to chapter five hundred
6 thirty-three of the laws of two thousand fourteen, multi-year cost
7 allowances for each project shall be established and utilized two times
8 in the first five-year period. Subsequent multi-year cost allowances
9 shall be established no sooner than ten years after establishment of the
10 first maximum cost allowance authorized pursuant to this subparagraph.
11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14901-01-6
