Enacts the 2012 facility alternatives for schools act, which authorizes construction of new school facilities at a lower cost and in a faster time frame than is permitted under current law by using current development, construction, reconstruction, leasing and financing techniques available.
STATE OF NEW YORK
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8403--A
2011-2012 Regular Sessions
IN ASSEMBLY
June 15, 2011
___________
Introduced by M. of A. SCHIMMINGER -- read once and referred to the
Committee on Education -- recommitted to the Committee on Education in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to authorize the construction of new school facilities utilizing
facility alternatives for schools; and providing for the repeal of
such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "2012
2 facility alternatives for schools act".
3 § 2. For the purposes of this act the terms:
4 1. "School district" shall mean any union free school district,
5 central school district, central high school district or city school
6 district.
7 2. "Person" shall mean a municipality or other governmental body,
8 public corporation or authority, private corporation, partnership or
9 individual.
10 § 3. (a) Notwithstanding the provisions of any other law, general,
11 special or local, relating to the length, duration and terms of
12 contracts a school district may enter into, any school district is here-
13 by authorized and empowered to enter into contracts, leases or rental
14 agreements with any person, upon such terms and conditions for such
15 consideration and for such terms or duration, not to exceed thirty
16 years, as may be agreed upon by the school district, and such person,
17 whereby such person is granted the right to construct, reconstruct,
18 finance or own a school building facility designed with a student capac-
19 ity not to exceed three thousand.
20 (b) Notwithstanding the provisions of any general, special or local
21 law, a contract entered into between a school district and any person
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01807-04-2
A. 8403--A 2
1 pursuant to this act may be awarded pursuant to public bidding in
2 compliance with section 103 of the general municipal law or pursuant to
3 the following provisions for the award of a contract based on evaluation
4 of proposals submitted in response to a request for proposals prepared
5 by or for a school district. The school district shall require that each
6 proposal to be submitted shall include information relating to the expe-
7 rience of the proposer, the ability of the proposer to secure adequate
8 financing, identification and specification of all elements of cost
9 which would become a charge to the school district, in whatever form, in
10 return for the fulfillment by the proposer of all tasks and responsibil-
11 ities established by the request for the proposal for the full lifetime
12 of a proposed contract, including, as appropriate, but not limited to
13 the cost of planning, design, construction, reconstruction, financing,
14 ownership and/or maintenance of such school building facility and such
15 other information as the school district may determine to have a materi-
16 al bearing on its ability to evaluate any proposal for such school
17 building facility.
18 Prior to the issuance of a request for proposals pursuant to this act,
19 the school district shall publish notice of such issuance in the offi-
20 cial newspaper of the school district, if any, and in at least one news-
21 paper of general circulation. Concurrent with the publication of such
22 notice of a draft request for proposals shall be filed with the clerk of
23 the school district or the chief executive officer of such school
24 district. After allowing a thirty day comment period and an additional
25 thirty days to review such comments, the school district may publish the
26 final request for proposals and concurrent with such publication shall
27 publish notice of such issuance in the manner specified in this para-
28 graph. Concurrent with the publication of the final request for
29 proposals a set of comments filed in relation to the draft request for
30 proposals and findings related to the substantive elements of such
31 comments shall be filed along with the request for proposals with the
32 clerk or chief executive officer of such school district and in the
33 public library or libraries in proximity to the proposed school building
34 facility site.
35 Proposals received in response to such request for proposals shall be
36 evaluated by the school district as to net cost and in a manner consist-
37 ent with provisions set forth in the request for proposals, may be eval-
38 uated on the basis of additional factors, including, but not limited to,
39 facility design incorporating systems and approaches which provide maxi-
40 mum facility value at the lowest possible cost using the best current
41 development life cycle costs, construction, reconstruction, leasing and
42 financing techniques available.
43 The school district may make a contract award to any responsible
44 proposer selected based on a determination by the school district that
45 the selected proposal is most responsive to the request for proposals
46 and may negotiate with any proposer; provided, however, that if an award
47 is made to any proposer whose total proposal does not provide either the
48 lowest net cost, the school district shall adopt a resolution after
49 public hearing which includes particularized findings relevant to
50 factors evaluated indicating that the school district's requirements are
51 met by such award and that such action is in the public interest. Such
52 contract may be a single guaranteed maximum price general contract or
53 utilize a full construction management contract approach.
54 (c) All requests for proposals by the school district pursuant to this
55 act shall be subject to review and approval by the commissioner of
A. 8403--A 3
1 education prior to the issuance of such request for proposal by the
2 school district.
3 (d) Whenever the school district enters into a contract for the
4 construction of a school building facility pursuant to this act, the
5 provisions of section 220 of the labor law shall be applicable to such
6 construction work.
7 (e) Every contract entered into by the school district for
8 construction of a school building facility shall contain provisions that
9 the design and construction standards of such facility shall be subject
10 to the review and approval of the school district, that the project
11 developer shall furnish a bond guaranteeing prompt payment of moneys
12 that are due to all persons furnishing labor and materials pursuant to
13 the requirements of any construction contracts, and a security bond for
14 the faithful performance of the school district project which shall
15 conform to the provisions of section 103-f of the general municipal law
16 and that a copy of such performance and payment bonds shall be kept by
17 the school district and shall be open to public inspection.
18 § 4. Notwithstanding the provisions of section 3602 of the education
19 law or any other provision of law, the school district shall be entitled
20 to an apportionment for capital outlays and debt service for a school
21 building facility constructed pursuant to the provisions of this act in
22 the same manner as such school district would otherwise be entitled
23 pursuant to law for the construction of a new school building facility.
24 § 5. Contracts to be issued by the school district for the design,
25 construction, reconstruction, lease, financing or ownership of a school
26 building facility pursuant to the provisions of this act shall be
27 subject to the provisions of section 109-b of the general municipal law,
28 except for paragraph (a) of subdivision 3 and subdivision 5 of such
29 section and except to the extent section 109-b of the general municipal
30 law is inconsistent with the provisions of this act.
31 § 6. Contracts issued by the school district for the design,
32 construction, reconstruction, lease, financing or ownership of a school
33 building facility pursuant to the provisions of this act may be funded
34 by certificates of participation.
35 § 7. All contracts awarded or entered into by the school district for
36 the construction, reconstruction, alteration, lease or lease-purchase of
37 a school building facility pursuant to this act shall not be subject to
38 section 101 of the general municipal law.
39 § 8. Notwithstanding any other provision of law, a school building
40 facility constructed pursuant to the provisions of this act shall be
41 exempt from real property taxation when such facility is leased by the
42 school district and actually used for school purposes by such school
43 district.
44 § 9. Nothing in this act shall be construed to exempt a school
45 construction or reconstruction project undertaken pursuant to this act
46 from the review and approval procedures applied to such projects by the
47 education department when undertaken pursuant to the education law.
48 § 10. This act shall take effect immediately and shall expire and be
49 deemed repealed 5 years after such effective date.
