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A10108 Summary:

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A10108 Floor Votes:

A10108 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10108
 
                   IN ASSEMBLY
 
                                      June 13, 2014
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Silver,
          Nolan) -- read once and referred to the Committee on Education
 
        AN ACT to amend the public authorities law, in relation  to  authorizing
          the  New  York  city  school  construction authority to obtain certain
          population data and utilize such data in connection with the  authori-

          ty's  five-year  educational facilities capital plan; and to amend the
          education law, in relation to requiring consideration of student popu-
          lation data in  connection  with  approval  of  five-year  educational
          facilities  capital  plans  and to require the publication of findings
          and commentary on such plan
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  13 of section 1728 of the public authorities
     2  law, as added by chapter 738 of the laws of 1988, is  amended  and  four
     3  new subdivisions 13-a, 13-b, 13-c and 13-d are added to read as follows:
     4    13.  To enter into agreements with the city's department of city plan-
     5  ning to render any services the authority may request, including but not
     6  limited to professional and technical assistance  by  planning  experts,

     7  engineers,  architects  and any other staff as may be necessary, and the
     8  use of the premises, personnel, equipment, access to relevant  data  and
     9  personal  property  of  the  department of city planning[. The authority
    10  shall provide for reimbursement to the department of city planning  from
    11  the  authority for any expenses incurred by the department of city plan-
    12  ning in carrying out the terms of any such agreements];
    13    13-a. To enter into agreements with the city's  department  of  health
    14  and  mental  hygiene  to  render any services the authority may request,
    15  including but not limited to access to data necessary to develop reason-
    16  able student population projections citywide, for each community  school
    17  district and for each community board;

    18    13-b. To enter into agreements with the city's department of buildings
    19  to  render  any  services  the  authority may request, including but not
    20  limited to access to building permit and  construction  data,  including
    21  the number and size of units within buildings;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00267-13-4
        A. 10108                            2
 
     1    13-c.  To  enter into agreements with the city's department of housing
     2  preservation and development to render any services  the  authority  may
     3  request,  including  but  not  limited  to access to building permit and

     4  construction data, including the number and size of units within  build-
     5  ings;
     6    13-d.  To  coordinate with the office of city planning, the department
     7  of buildings, the department of housing  preservation  and  development,
     8  the  department  of  health  and  mental hygiene and community boards to
     9  create  uniform,  citywide  student  population  projections,  community
    10  school  district and community board, for a minimum of five years, based
    11  on data produced by the office  of  city  planning,  the  department  of
    12  buildings,  the  department  of housing preservation and development and
    13  the department of health and mental hygiene. Such projections  shall  be
    14  used  in  the  creation  and implementation of the authority's five-year

    15  educational facilities capital plan;
    16    § 2. Section 1731 of the public authorities law, as added  by  chapter
    17  738 of the laws of 1988, is amended to read as follows:
    18    §  1731.  Community  participation.  1. Prior to the commencing of new
    19  construction or building additions of an educational  facility,  or  the
    20  acquisition  of  real property or any interest therein for such purpose,
    21  the authority shall file a copy of the site plan of such facility in its
    22  offices and shall provide a copy thereof to the  city  board,  the  city
    23  planning  commission and the community school [board] district education
    24  council and the community board of the district in  which  the  facility
    25  will  be  located.    Such  plan shall include data on projected student

    26  population for the community school district or districts and the commu-
    27  nity board or boards affected, the source of that data  and  the  reason
    28  the  proposed action is necessary and how such plan factors and accounts
    29  for student population projections. Upon request, any other person shall
    30  be furnished with such plan or a summary thereof.  The  authority  shall
    31  publish  in  a  newspaper of general circulation in the city a notice of
    32  the filing of such plan and the availability of the plan and  a  summary
    33  thereof.  Such  plan shall include, in the case of any project for which
    34  the acquisition of real property or interest therein  is  proposed,  the
    35  recommended  site,  any alternate sites considered, and any rationale as
    36  to why the alternate sites were not selected.

    37    2. Within thirty days after publication of the notice  required  under
    38  subdivision one of this section, a public hearing with sufficient public
    39  notice  shall be held by each affected community school [board] district
    40  education council on any or all aspects of the site  plan  and  by  each
    41  affected community board on aspects of the site plan which relate to the
    42  general  public use of the educational facility and to its impact on the
    43  surrounding community, including but not limited to  the  responsiveness
    44  of  the  site  plan  to  projected  changes in student population in the
    45  affected community board  or  boards  and  how  such  plan  factors  and
    46  accounts  for  student  population projections.   The affected board may
    47  request the attendance of representatives of the authority or  the  city

    48  board at a hearing and the authority or the city board shall comply with
    49  such  requests.  If  the  proposed  project  affects  two or more school
    50  districts or community boards, then a hearing may be held jointly by the
    51  affected community school [boards] district education council and/or the
    52  affected  community  boards.  Any  affected  community  school   [board]
    53  district  education council, together with any affected community board,
    54  may at their mutual discretion, elect to conduct a hearing jointly.
    55    3. Within forty-five days  after  publication  of  such  notice,  each
    56  affected community school [board] district education council or communi-
        A. 10108                            3
 
     1  ty  board shall prepare and submit to the authority, written comments on

     2  the site plan. Any other organization or  person  shall  also  have  the
     3  opportunity  to present written comments on the plan during this period.
     4  Each comment received by the authority on such plan at any time prior to
     5  action  being  taken by the authority on the plan shall be considered by
     6  the authority in connection with such action.
     7    4. After due consideration of such comments, if any, the authority may
     8  affirm, modify or withdraw the plan.
     9    5. Nothing herein shall preclude the authority from  holding  hearings
    10  on  the site plan, provided, however, that any such hearings on the site
    11  plan shall be conducted within the period specified in subdivision three
    12  of this section.
    13    § 3. Subdivision 1 of section 2590-p of the education law, as added by
    14  chapter 738 of the laws of 1988, is amended to read as follows:

    15    1. In accordance with subdivision three of this section, the  chancel-
    16  lor  shall  prepare  proposed  five-year  educational facilities capital
    17  plans. Each such plan shall describe each program  element  proposed  in
    18  the  plan,  and  shall set forth an estimate of the cost of each program
    19  element, an estimate of the capital funding required each year  and  the
    20  expected sources of such funding. The plan shall also set forth an esti-
    21  mate  of  the  cost of each project identified in the plan, shall assign
    22  priorities to the projects included therein and shall state the year  in
    23  which  each  such  project's  design  and construction is proposed to be
    24  initiated and estimated to be completed. In preparing the plan and  each
    25  project  contained  therein, the chancellor shall factor and account for

    26  the effect of data provided by the office of city planning, the  depart-
    27  ment  of  buildings, the department of housing preservation and develop-
    28  ment and the department of health and mental hygiene pursuant to  subdi-
    29  visions  thirteen-a,  thirteen-b,  thirteen-c, and thirteen-d of section
    30  seventeen hundred twenty-eight of the public authorities law.
    31    § 4. Paragraph a of subdivision 6 of section 2590-p of  the  education
    32  law,  as added by chapter 738 of the laws of 1988, is amended to read as
    33  follows:
    34    a. For each project included  in  an  approved  five-year  educational
    35  facilities  capital  plan, the chancellor shall develop a detailed scope
    36  of the project, which shall include the following: (i) the purposes  and
    37  public  to be served, (ii) the programs to be conducted in the facility,

    38  (iii) the gross amounts of space and bulk for any building or structure,
    39  (iv) identification of the intent to use architectural,  engineering  or
    40  other  consultant  services  and  estimated  fees  for  such  consultant
    41  services, (v) the schedule of design and construction,  (vi)  the  total
    42  estimated  project costs, including costs for site acquisition, prepara-
    43  tion and tenant relocation, design, construction  and  equipment,  (vii)
    44  maximum  estimated  expenditures  for  the  project for each fiscal year
    45  until its completion, (viii) costs associated with maintenance and oper-
    46  ation of the physical plant [and], (ix) how the  data  provided  by  the
    47  office  of city planning, the department of buildings, the department of
    48  housing preservation and development and the department  of  health  and

    49  mental  hygiene  pursuant  to subdivisions thirteen-a, thirteen-b, thir-
    50  teen-c, and thirteen-d of section seventeen hundred twenty-eight of  the
    51  public authorities law is factored and accounted for, and (x) such other
    52  information  as  the  chancellor  shall specify. In the event, a project
    53  consists of a program element without identification of  the  particular
    54  education  facility  at  which  such  project  is  to  be performed, the
    55  detailed scope of the project shall specify the nature of the work to be
    56  performed, applicable price and quality standards, a list of the schools
        A. 10108                            4
 
     1  eligible for such work, annual performance targets and the  total  esti-
     2  mated   costs  of  such  project  during  each  fiscal  year  until  its
     3  completion.

     4    §  5.  Paragraph b of subdivision 3 of section 2590-p of the education
     5  law, as amended by chapter 345 of the laws of 2009, is amended  to  read
     6  as follows:
     7    b.  Commencing  on  November first, nineteen hundred ninety-three, and
     8  every five years thereafter, the  chancellor  shall  submit  a  proposed
     9  five-year  educational  facilities  capital  plan  to take effect on the
    10  succeeding July first to each community school district education  coun-
    11  cil,  which  shall conduct a public hearing and shall prepare and submit
    12  recommendations to the chancellor on or  before  January  first  of  the
    13  ensuing  year  with  respect  to  matters  in the plan that involve that
    14  school district.  Upon submission of such recommendations to  the  chan-
    15  cellor, the board shall make public, pursuant to this paragraph:

    16    (i) a summary of the issues raised at such hearing;
    17    (ii) a statement of the reasons why any significant alternative recom-
    18  mendations  at such hearing were or were not incorporated into the final
    19  plan; and
    20    (iii) a description of any changes made to  the  proposed  plan  as  a
    21  result of the issues raised at such hearing.
    22    The  chancellor  shall  consider the recommendations received from the
    23  community district education councils, and, on or before February  first
    24  of such year, shall submit a final proposed five-year educational facil-
    25  ities  capital plan to the city board for its approval pursuant to para-
    26  graph (d) of subdivision one of section twenty-five hundred ninety-g  of
    27  this article.
    28    §  6.  Paragraph b of subdivision 3 of section 2590-p of the education

    29  law, as added by chapter 738 of the laws of 1988, is amended to read  as
    30  follows:
    31    b.  Commencing  on  November first, nineteen hundred ninety-three, and
    32  every five years thereafter, the  chancellor  shall  submit  a  proposed
    33  five-year  educational  facilities  capital  plan  to take effect on the
    34  succeeding July first to each community school [board]  district  educa-
    35  tion council, which shall conduct a public hearing and shall prepare and
    36  submit  recommendations  to the chancellor on or before January first of
    37  the ensuing year with respect to matters in the plan that  involve  that
    38  school  district.  The  chancellor  shall  consider  the recommendations
    39  received from the community [school boards]  school  district  education
    40  council,  and,  on or before February first of such year, shall submit a

    41  final proposed five-year educational facilities capital plan to the city
    42  board for its approval. On or before March first of such year, the  city
    43  board  shall  approve  the five-year educational facilities capital plan
    44  submitted by the chancellor or such plan as is determined  by  the  city
    45  board.    Upon submission of such recommendations to the chancellor, the
    46  board shall make public, pursuant to this paragraph:
    47    (i) a summary of the issues raised at such hearing;
    48    (ii) a statement of the reasons why any significant alternative recom-
    49  mendations at such hearing were or were not incorporated into the  final
    50  plan; and
    51    (iii)  a  description  of  any  changes made to the proposed plan as a
    52  result of the issues raised at such hearing.

    53    § 7. This act shall take effect immediately; provided that the  amend-
    54  ments to paragraph b of subdivision 3 of section 2590-p of the education
    55  law  made by section five of this act shall be subject to the expiration
    56  and reversion of such subdivision pursuant to section 34 of  chapter  91
        A. 10108                            5
 
     1  of  the  laws of 2002, as amended, when upon such date the provisions of
     2  section six of this act shall take effect.