STATE OF NEW YORK
________________________________________________________________________
8904
IN SENATE
January 14, 2026
___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law and the general municipal law, in
relation to certain lease terms for BOCES properties
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (a) of paragraph p of subdivision 4 of section
2 1950 of the education law, as amended by chapter 374 of the laws of
3 2014, is amended to read as follows:
4 (a) To rent suitable land, classrooms, offices or buildings upon or in
5 which to maintain and conduct such cooperative educational services and
6 administrative offices for a period not to exceed [ten] twenty years for
7 leases entered into with public [entities] and [twenty years for leases
8 entered into with] non-public entities and to improve, alter, equip and
9 furnish such land, classrooms, offices or buildings in a suitable manner
10 for such purposes, provided that: (1) before executing any lease, the
11 board shall adopt a resolution determining that such agreement is in the
12 best financial interests of the supervisory district and stating the
13 basis of that determination; (2) the rental payment shall not be more
14 than the fair market value as determined by the board and provided to
15 the commissioner; (3) The board discloses any conflict of interest
16 pursuant to subparagraph (c) of this paragraph, or any other potential
17 or perceived conflict of interest, to the commissioner, and in the event
18 of a conflict of interest or a potential or perceived conflict of inter-
19 est, provides detailed documentation to the commissioner demonstrating
20 that the cost of the lease is not more than fair market value; and (4)
21 upon the consent of the commissioner, renewal of such lease may be made
22 for a period of up to ten years. Nothing contained herein shall prevent
23 the board from entering into a lease agreement which provides for the
24 cancellation of the same by such board upon: (i) a substantial increase
25 or decrease in pupil enrollment; or (ii) a substantial change in the
26 needs and requirements of a board of cooperative educational services
27 with respect to facilities; or (iii) any other change which substantial-
28 ly affects the needs or requirements of a board of cooperative educa-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14261-01-5
S. 8904 2
1 tional services or the community in which it is located. No lease or
2 other contract for the occupancy of such land, classrooms, offices or
3 buildings shall be enforceable against the board of cooperative educa-
4 tional services unless and until the same shall have been approved in
5 writing by the commissioner. In the case of a lease longer than ten
6 years, the commissioner's written approval must include a finding that
7 the proposed lease complies with all requirements of this paragraph and
8 would be more cost-effective than a lease of ten years or fewer.
9 § 2. Paragraph (b) of subdivision 1, and subdivisions 3 and 5 of
10 section 403-a of the education law, paragraph (b) of subdivision 1 as
11 amended and subdivision 5 as added by chapter 459 of the laws of 1979
12 and subdivision 3 as amended by chapter 460 of the laws of 1979, are
13 amended to read as follows:
14 (b) The term of the lease shall not exceed ten years, except when such
15 lease is established in accordance with subparagraph (a) of paragraph p
16 of subdivision four of section nineteen hundred fifty of this chapter,
17 such lease term shall not exceed twenty years.
18 3. The board of education or trustees of a school district are hereby
19 authorized to lease real property upon such terms and conditions as the
20 board of education or trustees may deem appropriate to any person, part-
21 nership or corporation such board of education or trustees shall have
22 determined who will provide the most benefit to the school district for
23 periods not to exceed ten years, provided however that property leased
24 in accordance with subparagraph (a) of paragraph p of subdivision four
25 of section nineteen hundred fifty of this chapter may exceed a period of
26 ten years. Such leases may also be renewed for a period of up to ten
27 years upon the consent of the commissioner.
28 5. Notwithstanding the provisions of paragraph (b) of subdivision one
29 hereof the board of education or trustees of a school district are here-
30 by authorized to enter into a lease agreement in accordance with the
31 provisions of this section for a period in excess of ten years subject,
32 however, to voter approval by referendum. Provided however, leases
33 established in accordance with subparagraph (a) of paragraph p of subdi-
34 vision four of section nineteen hundred fifty of this chapter may exceed
35 a period of ten years without voter approval by referendum; such leases
36 shall not exceed a period of twenty years.
37 § 3. Subdivision (a) of section 72-h of the general municipal law, as
38 amended by chapter 562 of the laws of 1990, is amended to read as
39 follows:
40 (a) Notwithstanding any provision of any general, special or local law
41 or of any charter, the supervisors of a county, the town board of a
42 town, the board of trustees of a village, the board of fire commission-
43 ers of a fire district, the board of estimate of a city, or if there be
44 none the local legislative body of such city, and, in a city having a
45 population of one million or more, the mayor, subject to disapproval by
46 the council within thirty days following receipt of notice of the
47 approval of the mayor, may sell, transfer or lease to or exchange with
48 any municipal corporation or municipal corporations, school district,
49 board of cooperative educational services, fire district, the state of
50 New York, or the government of the United States and any agency or
51 department thereof, either without consideration or for such consider-
52 ation and upon such terms and conditions as shall be approved by such
53 officer or body, any real property owned by such county, town, village,
54 fire district or city; and any municipal corporation or fire district
55 may acquire or lease such real property as provided in this section. The
56 term of any lease entered into pursuant to the provisions of this
S. 8904 3
1 section shall not exceed ten years [but nothing], unless the lease is
2 established in accordance with subparagraph (a) of paragraph p of subdi-
3 vision four of section nineteen hundred fifty of the education law in
4 which case, such lease term shall not exceed twenty years. Nothing here-
5 in contained shall prevent the renewal of any such lease.
6 § 4. This act shall take effect immediately; provided, however, that
7 the amendments to subparagraph (a) of paragraph p of subdivision 4 of
8 section 1950 of the education law made by section one of this act shall
9 not affect the expiration of such subparagraph and shall be deemed to
10 expire therewith.
