New York State Assembly

 
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A00286 Summary:

A00286 Actions:

A00286 Committee Votes:

Committee:EDUCATION   Chair:Benedetto      
DATE:04/18/2023AYE/NAY:28/0  Action: Favorable refer to committee Ways and Means        
Benedetto
Aye
Smith
Aye
Magnarelli
Aye
Walsh
Aye
Paulin
Aye
McDonough
Aye
Ramos
Excused
Mikulin
Aye
O'Donnell
Aye
Reilly
Aye
Kim
Excused
Brown
Aye
Otis
Aye
Chang
Aye
Hyndman
Aye
McGowan
Aye
Bronson
Aye
Pirozzolo
Aye
Jean-Pierre
Aye
Taylor
Aye
Bichotte Hermel
Aye
Sayegh
Aye
Buttenschon
Aye
Conrad
Aye
Jackson
Aye
Mitaynes
Absent
Septimo
Aye
De Los Santos
Aye
Pheffer Amato
Aye
Gibbs
Aye
Ardila
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/23/2023AYE/NAY:33/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Pretlow
Aye
Hawley
Excused
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Absent
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/24/2023AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Excused
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Excused
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A00286 Floor Votes:

A00286 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         286--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by  M.  of A. PAULIN, SIMON -- 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 enacting the "safe
          schools by design act"

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "safe schools by design act".
     3    § 2. The opening paragraph of subdivision 6 of  section  3602  of  the
     4  education law, as amended by chapter 355 of the laws of 2016, is amended
     5  to read as follows:
     6    Any  apportionment  to  a school district pursuant to this subdivision
     7  shall be based upon base year approved expenditures for capital  outlays
     8  incurred  prior  to  July first, two thousand one from its general fund,
     9  capital fund or reserved funds and current  year  approved  expenditures
    10  for  debt  service,  including  debt  service  for refunding bond issues
    11  eligible for an apportionment pursuant to paragraph g of  this  subdivi-
    12  sion and lease or other annual payments to the New York city educational
    13  construction  fund created by article ten of this chapter or the city of
    14  Yonkers educational construction fund created by article ten-B  of  this
    15  chapter which have been pledged to secure the payment of bonds, notes or
    16  other obligations issued by the fund to finance the construction, acqui-
    17  sition,  reconstruction,  rehabilitation  or  improvement  of the school
    18  portion of combined occupancy structures, or for lease or  other  annual
    19  payments  to the New York state urban development corporation created by
    20  chapter one hundred seventy-four of the laws of nineteen hundred  sixty-
    21  eight,  pursuant  to  agreement  between  such  school district and such
    22  corporation relating to the construction,  acquisition,  reconstruction,
    23  rehabilitation  or  improvement  of  any  school building, or for annual
    24  payments to the dormitory authority pursuant to any lease,  sublease  or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00492-02-3
        A. 286--A                           2
 
     1  other  agreement  relating  to  the financing, refinancing, acquisition,
     2  design,  construction,  reconstruction,   rehabilitation,   improvement,
     3  furnishing  and  equipping  of, or otherwise provide for school district
     4  capital  facilities  or school district capital equipment made under the
     5  provisions of section sixteen hundred eighty of the  public  authorities
     6  law,  or  for  annual  payments pursuant to any lease, sublease or other
     7  agreement relating to the financing, refinancing,  acquisition,  design,
     8  construction,  reconstruction,  rehabilitation,  improvement, furnishing
     9  and equipping of, or otherwise providing for educational facilities of a
    10  city school district under the provisions of section sixteen of  chapter
    11  six  hundred five of the laws of two thousand, or for payments, pursuant
    12  to any assignment authorized by  section  twenty-seven  hundred  ninety-
    13  nine-tt of the public authorities law, of debt service in furtherance of
    14  funding the five-year educational facilities capital plan of the city of
    15  New  York  school district or related debt service costs and expenses as
    16  set forth in such section, for annual payments pursuant  to  any  lease,
    17  sublease  or  other  agreement  relating  to the financing, refinancing,
    18  design,  reconstruction,  rehabilitation,  improvement,  furnishing  and
    19  equipping of, or otherwise providing for projects authorized pursuant to
    20  the  city  of  Syracuse  and  the  board of education of the city school
    21  district of the city of Syracuse cooperative school reconstruction  act,
    22  for  annual  payments pursuant to any lease, sublease or other agreement
    23  relating to the financing, refinancing, design, reconstruction, rehabil-
    24  itation, improvement, furnishing and equipping of, or otherwise  provid-
    25  ing  for  projects  authorized pursuant to the city of Rochester and the
    26  board of education of the city school district of the city of  Rochester
    27  school  facilities modernization program act, for annual payments pursu-
    28  ant to any lease, sublease or other agreement relating to the financing,
    29  refinancing,  design,  construction,   reconstruction,   rehabilitation,
    30  improvement,  furnishing  and  equipping  of, or otherwise providing for
    31  projects authorized pursuant to the Yonkers city school district facili-
    32  ties modernization program act, or for lease,  lease-purchase  or  other
    33  annual  payments  to  another  school district or person, partnership or
    34  corporation pursuant to  an  agreement  made  under  the  provisions  of
    35  section  four  hundred three-b, subdivision eight of section twenty-five
    36  hundred three, or subdivision six of section twenty-five hundred  fifty-
    37  four  of this chapter, provided that the apportionment for such lease or
    38  other annual payments under  the  provisions  of  section  four  hundred
    39  three-b,  subdivision  eight  of  section  twenty-five hundred three, or
    40  subdivision six of section twenty-five hundred fifty-four of this  chap-
    41  ter,  other  than payments under a lease-purchase agreement or an equiv-
    42  alent agreement, shall  be  based  upon  approved  expenditures  in  the
    43  current  year.  Approved  expenditures for capital outlays from a school
    44  district's general  fund,  capital  fund  or  reserved  funds  that  are
    45  incurred  on  or after July first, two thousand two, and are not aidable
    46  pursuant to subdivision six-f of this section, shall be aidable as  debt
    47  service under an assumed amortization established pursuant to paragraphs
    48  e  and  j  of  this  subdivision. In any such case approved expenditures
    49  shall be only for new construction, reconstruction, purchase of existing
    50  structures, for site purchase and  improvement,  for  new  garages,  for
    51  original  equipment,  furnishings,  machinery,  or  apparatus,  and  for
    52  professional fees and other costs incidental  to  such  construction  or
    53  reconstruction,  or  purchase  of  existing structures. In the case of a
    54  lease or lease-purchase  agreement  entered  pursuant  to  section  four
    55  hundred  three-b, subdivision eight of section twenty-five hundred three
    56  or subdivision six of section twenty-five  hundred  fifty-four  of  this
        A. 286--A                           3
 
     1  chapter,  approved  expenditures  for the lease or other annual payments
     2  shall not include the costs of heat, electricity, water or other  utili-
     3  ties or the costs of operation or maintenance of the leased facility. An
     4  apportionment  shall  be  available  pursuant  to  this  subdivision for
     5  construction, reconstruction, rehabilitation or improvement in a  build-
     6  ing,  or  portion thereof, being leased by a school district only if the
     7  lease is for a term of at least ten years subsequent to the date of  the
     8  general  construction  contract  for  such construction, reconstruction,
     9  rehabilitation or improvement. Each school district shall prepare a five
    10  year capital facilities plan, pursuant to regulations developed  by  the
    11  commissioner  for  such  purpose,  provided  that  in the case of a city
    12  school district in a city having a population of one million inhabitants
    13  or more, such facilities  plan  shall  comply  with  the  provisions  of
    14  section  twenty-five  hundred ninety-p of this chapter and this subdivi-
    15  sion. Such plan shall include, but not be limited to, a building  inven-
    16  tory,  and  estimated  expense  of facility needs, for new construction,
    17  additions, alterations, reconstruction, major repairs,  energy  consump-
    18  tion and maintenance by school building, as appropriate. Such plan shall
    19  consider the incorporation of design principles and strategies, pursuant
    20  to  guidance  issued  by  the  commissioner,  as part of a comprehensive
    21  approach to provide a safe, secure and healthy school environment.  Such
    22  five year plan shall include a priority ranking of projects and shall be
    23  amended if necessary to reflect subsequent on-site evaluations of facil-
    24  ities conducted by state supported contractors.
    25    §  3.  Paragraph  a  of subdivision 1 of section 2814 of the education
    26  law, as added by chapter 181 of the laws of 2000, is amended to read  as
    27  follows:
    28    a. School safety activities. Programs eligible for funding pursuant to
    29  this  section  may  include,  but  not be limited to: (i) safe corridors
    30  programs; (ii) diversity programs;  (iii)  collaborative  school  safety
    31  programs with law enforcement agencies or community-based organizations;
    32  (iv)  metal  detectors,  intercom  and  other intra-school communication
    33  devices and other devices to increase school security and the safety  of
    34  school personnel and students; (v) programs which facilitate and promote
    35  community  involvement  in  school  facility  planning;  and  (vi) other
    36  programs  including  comprehensive  school-based  intervention   models,
    37  approved  by  the  commissioner, that reduce violence and improve school
    38  safety.  Comprehensive school based intervention models shall coordinate
    39  with and collaborate with other services currently being provided in the
    40  school district, incorporate appropriate school violence prevention  and
    41  intervention  services,  and  coordinate  appropriate funding sources to
    42  ensure the efficient delivery of services.  Such  comprehensive  school-
    43  based intervention models shall also include provisions for the involve-
    44  ment  of teachers, parents, school administrators in the development and
    45  implementation of the program, a detailed statement identifying specific
    46  performance goals, a proposed timetable for implementation and  achieve-
    47  ment of such goals and specific assessment methods which will be used to
    48  measure student and school progress.
    49    §  4.  This  act shall take effect eighteen months after it shall have
    50  become a law. Effective immediately,  the  addition,  amendment,  and/or
    51  repeal  of  any  rule  or regulation necessary for the implementation of
    52  this act on its effective date are authorized to be made  and  completed
    53  on or before such effective date.