Provides the same adjustment for capital apportionment to high need school districts bordering the city of New York as used by school districts of the city of New York.
STATE OF NEW YORK
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6726--A
2017-2018 Regular Sessions
IN ASSEMBLY
March 16, 2017
___________
Introduced by M. of A. PRETLOW, MAYER -- read once and referred to the
Committee on Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to apportionment for
capital outlays and debt service for school building purposes to
certain high need school districts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs 1 and 3 of paragraph a of subdivision 6 of
2 section 3602 of the education law, as amended by section 5 of part A of
3 chapter 60 of the laws of 2000, are amended to read as follows:
4 (1) For new construction and the purchase of existing structures, the
5 cost allowances shall be based upon the rated capacity of the building
6 or addition and a basic per pupil allowance of up to six thousand three
7 hundred seventy-five dollars adjusted monthly by a statewide index
8 reflecting changes in the cost of labor and materials since July first,
9 nineteen hundred ninety-two, established by the commissioner of labor,
10 modified by an annual county or multi-county labor market composite wage
11 rate, established by the commissioner of labor in consultation with the
12 commissioner, for July first of the base year, commencing July first,
13 nineteen hundred ninety-seven for general construction contracts awarded
14 on or after July first, nineteen hundred ninety-eight, indexed to the
15 median of such county or multi-county rates, but not less than one. For
16 aid payable in school year two thousand seventeen--eighteen and there-
17 after, for school districts located in counties with a population of
18 more than nine hundred forty thousand and less than one million inhabit-
19 ants according to the two thousand ten federal census and are eligible
20 for aid pursuant to clause (c) of subparagraph two of paragraph c of
21 this subdivision, such aid shall be adjusted by the annual county labor
22 market composite wage rate of the city school district of such city
23 having a population of one million or more inhabitants. Such base allow-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10344-03-7
A. 6726--A 2
1 ance shall apply to a building or an addition housing grades prekinder-
2 garten through six and shall be adjusted for a building or an addition
3 housing grades seven through nine by a factor of one and four-tenths,
4 for a building or an addition housing grades seven through twelve by a
5 factor of one and five-tenths, for a building or addition housing
6 special education programs by a factor of two, except that where such
7 building or addition is connected to, or such space is located within, a
8 public school facility housing programs for nondisabled pupils, as
9 approved by the commissioner, a factor of three shall be used. Rated
10 capacity of a building or an addition shall be determined by the commis-
11 sioner based on space standards and other requirements for building
12 construction specified by the commissioner. Such assigned capacity
13 ratings shall include, in addition to those spaces used for the instruc-
14 tion of pupils, those spaces which are used for elementary and secondary
15 school libraries, cafeterias, prekindergarten instructional rooms,
16 teachers' conference rooms, gymnasiums and auditoriums. For new
17 construction projects approved on or after July first, two thousand, by
18 the voters of the school district or by the board of education of a city
19 school district in a city with more than one hundred twenty-five thou-
20 sand inhabitants, and/or the chancellor in a city school district in a
21 city having a population of one million or more, such rated capacity for
22 new buildings and additions constructed to replace existing buildings
23 that, in the judgment of the commissioner, have not been adequately
24 maintained and have not reached their projected useful life shall be
25 reduced by the commissioner by an amount proportional to the remaining
26 unused portion of the useful life of the existing buildings, provided
27 however that the commissioner may waive such requirement upon a finding
28 that replacement of the existing building is necessary to protect the
29 health and safety of students or staff, that reconstruction and modern-
30 ization of the existing building would not adequately address such
31 health and safety problems, and that the need to replace the building
32 was not caused by failure to adequately maintain the building. If the
33 commissioner of labor resets the statewide index reflecting changes in
34 the costs of labor and materials since July first, nineteen hundred
35 ninety-two, the commissioner shall adopt regulations to supersede the
36 basic per pupil allowance of up to six thousand three hundred seventy-
37 five dollars to the imputed allowance in effect at that time.
38 (3) Cost allowances for reconstructing or modernizing structures shall
39 not exceed one hundred per centum of the cost allowances for the equiv-
40 alent new construction over the projected useful life of the building,
41 to be determined in accordance with the regulations of the commissioner.
42 Reconstruction projects shall reasonably meet the criteria established
43 for new construction, including but not limited to energy, fire,
44 personal safety and space per pupil standards. For aid payable in school
45 year two thousand seventeen--eighteen and thereafter, for school
46 districts located in counties with a population of more than nine
47 hundred forty thousand and less than one million inhabitants according
48 to the two thousand ten federal census and are eligible for aid pursuant
49 to clause (c) of subparagraph two of paragraph c of this subdivision,
50 such aid shall be adjusted by the annual county labor market composite
51 wage rate of the city school district of such city having a population
52 of one million or more inhabitants.
53 § 2. This act shall take effect immediately.