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S07859 Summary:

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S07859 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7859--A
 
                    IN SENATE
 
                                      June 16, 2014
                                       ___________
 
        Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend chapter 416 of the laws of 2007 establishing the city of
          Rochester  and  the  board of education of the city school district of

          the city of Rochester school facilities modernization program act; and
          to amend the education law, in relation to  construction  projects  of
          the Rochester joint schools construction board
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions (e), (g), (i) and (j) of section 2 of  chapter
     2  416 of the laws of 2007 establishing the city of Rochester and the board
     3  of education of the city school district of the city of Rochester school
     4  facilities  modernization program act, are amended and five new subdivi-
     5  sions (k), (l), (m), (n) and (o) are added to read as follows:
     6    (e) "[RSC board] RJSCB" shall  mean  the  joint  schools  construction
     7  board  of the city and the city school district, acting as agent for the

     8  city, the city school district, or both, created  by  section  three  of
     9  this act.
    10    (g) "Project" shall mean work at an existing school building site that
    11  involves  the  design,  reconstruction, or rehabilitation of an existing
    12  school building for its continued use as a school  of  the  city  school
    13  district, which may include an addition to existing school buildings for
    14  such  continued  use  and which also may include (1) the construction or
    15  reconstruction of athletic fields, playgrounds, and  other  recreational
    16  facilities  for such existing school buildings[,]; and/or (2) the acqui-
    17  sition and installation of all equipment necessary and attendant to  and
    18  for  the use of such existing school building, including but not limited
    19  to items located at sites not within a project that will allow the RJSCB

    20  to conduct district-wide technology  improvements  to  benefit  existing
    21  school buildings; and/or (3) the acquisition of additional real property
    22  by the city to facilitate the project.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15564-12-4
        S. 7859--A                          2
 
     1    (i)  "Program  manager"  shall  mean an independent program management
     2  firm hired by the [RSC board] RJSCB to assist it in: (i) developing  and
     3  implementing  procedures  for the projects undertaken and contracted for
     4  by the [RSC board] RJSCB; (ii) reviewing plans  and  specifications  for

     5  projects;  (iii)  developing and implementing policies and procedures to
     6  utilize employment resources to provide sufficient skilled employees for
     7  such projects including developing and implementing  training  programs,
     8  if  required;  [and] (iv) managing such projects; and (v) providing such
     9  planning, design, financing, and other services as may be appropriate to
    10  implement one or more construction or reconstruction  projects  pursuant
    11  to this act.
    12    (j)  "Independent  compliance  officer" shall mean [a person] an inde-
    13  pendent firm hired by the RJSCB with  an  in-depth  knowledge  base  and
    14  breadth  of  experience  conducting  minority  and  women-owned business
    15  enterprise (MWBE) and disadvantaged business enterprise  (DBE)  utiliza-

    16  tion  compliance  monitoring  for public contracts within New York state
    17  including school districts and auditing contractors  and  subcontractors
    18  in  construction and reconstruction projects like those to be undertaken
    19  and contracted for by the RJSCB pursuant to this act.
    20    (k) "Professional services"  shall  mean  accounting,  legal,  program
    21  management,  and  other  such  services provided by a formally certified
    22  member of such professional organization.
    23    (l) "Mayor" shall mean the mayor of the city of Rochester.
    24    (m) "Superintendent" shall mean the superintendent  of  the  Rochester
    25  city school district.
    26    (n)  "Rochester  city  school  district  board" shall mean the elected
    27  board of the Rochester city school district.

    28    (o) "Rochester city council" shall mean the elected  council  for  the
    29  city of Rochester.
    30    §  2. Subdivisions (a) and (b) of section 3 of chapter 416 of the laws
    31  of 2007 establishing the city of Rochester and the board of education of
    32  the city school district of the  city  of  Rochester  school  facilities
    33  modernization program act, are amended to read as follows:
    34    (a) For the benefit of the city of Rochester and the inhabitants ther-
    35  eof,  a  board  to  be known as the Rochester joint schools construction
    36  board, and sometimes referred to as the [RSC  board]  RJSCB,  is  hereby
    37  established  for  the accomplishment of any of the purposes specified in
    38  this act. It shall have the powers and duties now or hereafter conferred
    39  by subdivision (c) of this section. The board, its members, officers and

    40  employees and its operations and activities shall  in  all  respects  be
    41  governed by the provisions of this act.
    42    (b)  Such  board  shall  be composed of seven voting members: three of
    43  whom shall be appointed by the mayor of the city; three of whom shall be
    44  appointed by the superintendent of the board of education  of  the  city
    45  school district; and one of whom shall be independent from both the city
    46  school  district and the city but who shall have been agreed upon by the
    47  mayor and the superintendent; and one non-voting member who shall be the
    48  independent compliance officer, or the representative of the independent
    49  compliance officer. One of the voting members shall be chosen,  by  such
    50  voting  members,  to  serve  as chair of the board. Members of the board
    51  shall not receive a salary or other compensation for such board  duties,

    52  but shall be entitled to reimbursement for actual and necessary expenses
    53  incurred  in  the performance of his or her board duties. Members of the
    54  board shall not be disqualified from holding public  office  or  employ-
    55  ment, nor shall they forfeit any office or employment by reason of their
    56  appointment,  notwithstanding the provisions of any general, special, or
        S. 7859--A                          3
 
     1  local law, ordinance or city charter to the contrary.  The board will be
     2  reconstituted on the effective date of the chapter of the laws  of  2014
     3  that  amended  this  subdivision and the term of each prior board member
     4  shall  automatically  expire  on such date provided however that nothing
     5  shall preclude the reappointment of an existing board member.

     6    § 3. Subdivision (c) of section 3 of chapter 416 of the laws  of  2007
     7  establishing  the  city  of  Rochester and the board of education of the
     8  city school district of the city of Rochester school facilities  modern-
     9  ization  program  act, is amended by adding a new paragraph 6 to read as
    10  follows:
    11    6. To engage an  executive  director  or  appoint  an  advisory  staff
    12  consisting  of  city and city school district employees to provide over-
    13  sight of the program manager provided that the executive director  shall
    14  not  have  been or be a member of the RJSCB within the twenty-four month
    15  period preceding or subsequent to serving as the executive director.
    16    § 4. Sections 4, 5, 6, 7, 8, 9, 10, 11 and 13 of chapter  416  of  the
    17  laws  of 2007 establishing the city of Rochester and the board of educa-

    18  tion of the city school district of the city of Rochester school facili-
    19  ties modernization program act, section 5 as amended by  chapter  66  of
    20  the laws of 2012, are amended to read as follows:
    21    §  4.  Project authorization.   No more than: (a) 13 projects, up to a
    22  total cost of three hundred twenty-five million dollars  in  phase  one,
    23  and  (b)  26  projects,  up  to a total cost of four hundred thirty-five
    24  million dollars in phase two, shall be authorized and undertaken  pursu-
    25  ant to this act, unless otherwise authorized by law.
    26    §  5.  Comprehensive  school  facilities modernization plan.   [Before
    27  formal selection of the projects occurs, the RSC  board  shall  develop]
    28  The  superintendent shall submit to the RJSCB a comprehensive draft plan

    29  recommending and outlining the projects for phase two it proposes to  be
    30  undertaken  pursuant  to  this act. The RJSCB shall consider the plan in
    31  developing a comprehensive school facilities modernization  plan  recom-
    32  mending  and outlining the projects it proposes to be potentially under-
    33  taken pursuant to this act.  Such plan shall include: (a) an estimate of
    34  total costs to be financed, proposed financing plan, proposed method  of
    35  financing,  terms  and  conditions of the financing, estimated financing
    36  costs, and, if city general obligation bonds or notes are  not  proposed
    37  as the method of financing, a comparison of financing costs between such
    38  bonds  or  notes  and the proposed method of financing.  Payment of debt
    39  service on bonds, notes or other obligations issued to secure  financing

    40  of not more than $325,000,000 in phase one and $435,000,000 in phase two
    41  for  projects  undertaken  pursuant  to this act shall not be considered
    42  when determining the "city amount"  required  pursuant  to  subparagraph
    43  (ii)  of paragraph a of subdivision 5-b of section 2576 of the education
    44  law; provided, however, that this provision shall not  otherwise  affect
    45  the  determination  of  said "city amount" with respect to funding unre-
    46  lated to projects undertaken pursuant to this act.  The plan should also
    47  address what specific options would be used to  ensure  that  sufficient
    48  resources  exist to cover the local share of any such project cost on an
    49  annual basis; (b) information concerning the  potential  persons  to  be
    50  involved  in  the financing and such person's role and responsibilities;
    51  (c) estimates on the design, reconstruction and rehabilitation costs  by

    52  project, any administrative costs for potential projects, and an outline
    53  of  the timeframe expected for completion of each potential project; (d)
    54  a detailed description of the  request  for  proposals  process  and  an
    55  outline of the criteria to be used for selection of the program manager,
    56  the  independent  compliance  officer and all contractors; provided that
        S. 7859--A                          4
 
     1  the RJSCB may extend the contracts  of  the  providers  of  professional
     2  services for phase one upon the adoption of findings that doing so would
     3  be  in the public interest; the contracts of the program manager and the
     4  independent compliance officer for phase two will be rebid, and provided
     5  further  that the program manager and the independent compliance officer

     6  and any new or different providers of  professional  services  shall  be
     7  engaged  in compliance with the provisions of section eight of this act;
     8  (e) any proposed amendments to  the  city  school  district's  five-year
     9  capital  facilities  plan  submitted in accordance with subdivision 6 of
    10  section 3602 of the education law and the regulations of the commission-
    11  er; and (f) a preliminary diversity plan  to  develop  diversity  goals,
    12  including appropriate community input and public discussion, and develop
    13  strategies that would create and coordinate any efforts to ensure a more
    14  diverse  workforce  for  the  projects.  The  preliminary diversity plan
    15  should address accountability for attainment  of  the  diversity  goals,
    16  what  forms  of monitoring would be used, and how such information would
    17  be publicly communicated.

    18    Prior to  the  development  of  the  comprehensive  school  facilities
    19  modernization  plan,  the  [RSC  board] RJSCB and district shall hold as
    20  many public hearings as may be necessary  to  ensure  sufficient  public
    21  input  and  allow  for  significant public discussion on school building
    22  needs in such city, with at least one hearing to be held in each  neigh-
    23  borhood potentially impacted by a proposed project.
    24    All  projects  proposed in the comprehensive school facilities modern-
    25  ization plan shall be included by the city school district as a  special
    26  section  of  the  district's  five-year  capital facilities plan that is
    27  required pursuant to subdivision 6 of section 3602 of the education  law
    28  and the regulations of the commissioner.
    29    The  [RSC  board] RJSCB shall submit the components of such comprehen-

    30  sive plan outlined in subdivision (a)  of  this  section  to  the  comp-
    31  troller,  along with any other information requested by the comptroller,
    32  for his or her review and approval.
    33    § 6.   Project selection.   Notwithstanding any  general,  special  or
    34  local  law to the contrary and upon approval by the comptroller pursuant
    35  to section five of this act, the [RSC board] RJSCB may  select  projects
    36  to  be undertaken pursuant to this act, as provided for in such approved
    37  comprehensive plan. After the [RSC  board]  RJSCB  has  selected  a  new
    38  project and plans and specifications for such project have been prepared
    39  and  approved  by  the  [RSC board] RJSCB, which are consistent with the
    40  approved comprehensive plan, the [RSC board] RJSCB  shall  deliver  such

    41  plans  and  specifications  to  the  superintendent  of  the city school
    42  district and the mayor of the city of Rochester  for  review  to  ensure
    43  that  sufficient  resources  exist  to  pay  the local share of any such
    44  project cost on an annual basis and that the plans meet  program  needs,
    45  and upon the approval of the superintendent, to the commissioner for his
    46  or  her approval. After approval by the superintendent and commissioner,
    47  the plans and specifications shall be returned to the [RSC board] RJSCB.
    48  All  such  specifications  shall  detail  the  number  of  students  the
    49  completed  project is intended to serve, the site description, the types
    50  of subjects to be taught, the types of  activities  for  school,  recre-

    51  ational,  social,  safety, or other purposes intended to be incorporated
    52  in the school building or on its site and such other information as  the
    53  [RSC  board]  RJSCB  and the commissioner shall deem necessary or advis-
    54  able.  The district program manager shall  establish  reasonable  guide-
    55  lines  or  limits  on  incidental  costs  to assure that to the greatest
    56  extent possible such costs for each project do not  exceed  the  state's
        S. 7859--A                          5
 
     1  maximum incidental cost allowance, in order to maximize efficient use of
     2  state building aid.
     3    Notwithstanding  any other provision of law to the contrary, the RJSCB
     4  shall submit estimated project costs for the projects authorized  pursu-

     5  ant  to subdivision (b) of section four of this act after the completion
     6  of schematic plans and specifications for review by the commissioner. If
     7  the total project costs associated with such projects exceed the sum  of
     8  the  estimated  individual  approved  cost  allowance  of  each building
     9  project by more than the lesser of 43 million dollars or ten percent  of
    10  the  approved  costs,  and  the  city  school district has not otherwise
    11  demonstrated to the satisfaction of the education department the  avail-
    12  ability of additional local shares for such excess costs, then the RJSCB
    13  shall not proceed with the preparation of final plans and specifications
    14  for such projects until the projects have been redesigned or value-engi-

    15  neered  to  reduce estimated project costs so as not to exceed the above
    16  cost limits.
    17    Notwithstanding any other provision of law to the contrary, the  RJSCB
    18  shall  submit estimated project costs for the projects authorized pursu-
    19  ant to subdivision (b) of section four of this act after the  completion
    20  of fifty percent of the final plans and specifications for review by the
    21  commissioner.  If  the total project costs associated with such projects
    22  exceed the sum of the estimated individual approved  cost  allowance  of
    23  each  building  project by more than the lesser of 43 million dollars or
    24  ten percent of the approved costs, and the city school district has  not
    25  otherwise  demonstrated  to the satisfaction of the education department

    26  the availability of additional local share for such excess  costs,  then
    27  the  RJSCB  shall not proceed with the completion of the remaining fifty
    28  percent of the plans and specifications  for  such  projects  until  the
    29  projects  have  been  redesigned or value-engineered to reduce estimated
    30  project costs so as not to exceed the above cost limits.
    31    § 7. Contract authorization.  (a) The [RSC board] RJSCB, upon  receipt
    32  of such approved plans and specifications for a project contained within
    33  the  comprehensive  school facilities modernization plan, may enter into
    34  contracts on behalf of the city or the city school  district,  or  both,
    35  for such project.
    36    (b)  Notwithstanding  the provisions of any other general, special, or

    37  local law to the contrary, relating to the length, duration,  and  terms
    38  of  contracts  that the city or the city school district may enter into,
    39  the [RSC board] RJSCB, on  behalf  of  the  city  and  the  city  school
    40  district,  is  hereby  authorized  and empowered to enter into contracts
    41  relating to projects undertaken pursuant to this act  with  any  person,
    42  upon  such  terms and conditions and for such consideration and for such
    43  terms and duration, not to exceed thirty years, as may be agreed upon by
    44  the [RSC board] RJSCB and such person, whereby such  person  is  granted
    45  the right to design, reconstruct, rehabilitate, equip, finance or manage
    46  one or more projects in accordance with the design, plans and specifica-
    47  tions  for  such  projects  approved  by  the  [RSC board] RJSCB and the

    48  commissioner, as set  forth  in  section  six  of  this  act.  All  such
    49  contracts shall comply with the provisions of section nine of this act.
    50    (c)  In  the  event the [RSC board] RJSCB shall cease to exist for any
    51  reason whatsoever during the life of such contracts as  it  has  entered
    52  into  pursuant to this act, such contract shall remain in full force and
    53  effect and the city school district and the  city  shall  stand  in  the
    54  place  and stead of the [RSC board] RJSCB with respect to all rights and
    55  obligations under such contracts and with respect to all powers  granted
    56  to  the  [RSC  board]  RJSCB  by  this act; provided, however, that such
        S. 7859--A                          6
 
     1  powers are exercised by the city and the city  school  district  jointly

     2  and  pursuant  to  their  respective  jurisdictions and the general laws
     3  applicable thereto, except as modified by this act.
     4    §  8.  Public  bidding.    Any  contract entered into between the [RSC
     5  board] RJSCB and any person pursuant to this act shall be awarded pursu-
     6  ant to public bidding in compliance with  section  103  of  the  general
     7  municipal law.
     8    §  9.  Contracts  generally.    Notwithstanding  the provisions of any
     9  general, special, or local law or judicial decision to the contrary:
    10    (a) The [RSC board] RJSCB may require a contractor, as a condition  to
    11  being  awarded  a contract, subcontract, lease, grant, bond, covenant or
    12  other agreement for a project to enter into a  project  labor  agreement
    13  for  the  work  involved with such project when such requirement is made

    14  part of the bid specifications for the project and when the [RSC  board]
    15  RJSCB  determines  that the record supporting the decision to enter into
    16  such an agreement establishes that it  is  justified  by  the  interests
    17  underlying  the  competitive  bidding  laws.  In addition, the RJSCB may
    18  revise and extend  the  requirements  of  the  project  labor  agreement
    19  entered  into for phase one projects to the projects authorized in phase
    20  two, contingent upon the completion  of  a  supplemental  project  labor
    21  agreement benefit analysis.
    22    (b)  Any  contract, subcontract, lease, grant, bond, covenant or other
    23  agreement for projects undertaken pursuant to  this  act  shall  not  be
    24  subject to section 101 of the general municipal law when the [RSC board]

    25  RJSCB  has  chosen  to  require  a  project labor agreement, pursuant to
    26  subdivision (a) of this section. This exemption shall only apply to  the
    27  projects undertaken pursuant to this act and shall not apply to projects
    28  undertaken by any other school district or municipality unless otherwise
    29  specifically authorized.
    30    (c)  Whenever the [RSC board] RJSCB enters in a contract, subcontract,
    31  lease, grant, bond, covenant or other agreement  for  the  construction,
    32  reconstruction,  demolition,  excavation,  rehabilitation, repair, reno-
    33  vation, alteration, or improvement for a project undertaken pursuant  to
    34  this  act,  it  shall  be  deemed  to  be a public works project for the
    35  purposes of article 8 of the labor law, and all the provisions of  arti-
    36  cle 8 of the labor law shall be applicable to all the work involved with

    37  such  project  including the enforcement of prevailing wage requirements
    38  by the state department of labor.
    39    (d) Every contract entered into by resolution of the [RSC board for  a
    40  project]  RJSCB for construction or reconstruction of a project pursuant
    41  to this act shall contain a provision that the design  of  such  project
    42  shall  be subject to the review and approval of the city school district
    43  and that the design and construction standards of such project shall  be
    44  subject  to  the  review  and approval of the commissioner. In addition,
    45  every such contract for construction or reconstruction shall  contain  a
    46  provision  that  the  contractor shall furnish a labor and material bond
    47  guaranteeing prompt payment of  moneys  that  are  due  to  all  persons

    48  furnishing  labor  and  materials  pursuant  to  the requirements of any
    49  contracts for a project  undertaken  pursuant  to  this  section  and  a
    50  performance  bond  for  the  faithful  performance of the project, which
    51  shall conform to the provisions of section 103-f of the general  munici-
    52  pal  law, and that a copy of such performance and payment bonds shall be
    53  kept by the [RSC board] RJSCB and shall be open to public inspection.
    54    (e) For the purposes of article 15-A of the executive law, any  person
    55  entering  into  a contract for a project authorized pursuant to this act
    56  shall be deemed a state agency as that term is defined in  such  article
        S. 7859--A                          7
 
     1  and such contracts shall be deemed state contracts within the meaning of
     2  that term as set forth in such article.

     3    (f)  Notwithstanding  the  provisions of this act or of any general or
     4  special law to the  contrary,  for  any  contract,  subcontract,  lease,
     5  grant,  bond,  covenant  or  other  agreement  for  construction, recon-
     6  struction, demolition, excavation, rehabilitation,  repair,  renovation,
     7  alteration,  or  improvement  with  respect  to  each project undertaken
     8  pursuant to this act, the [RSC board] RJSCB shall consider the financial
     9  and  organizational  capacity  of  contractors  and  subcontractors   in
    10  relation  to  the  magnitude  of  work  they  may perform, the record of
    11  performance of contractors and  subcontractors  on  previous  work,  the
    12  record  of  contractors  and  subcontractors  in complying with existing
    13  labor standards and maintaining  harmonious  labor  relations,  and  the
    14  commitment of contractors to work with minority and women-owned business

    15  enterprises  pursuant to article 15-A of the executive law through joint
    16  ventures or subcontractor relationships.   The [RSC board]  RJSCB  shall
    17  further  require,  on  any contract in excess of one million dollars for
    18  construction, reconstruction,  demolition,  excavation,  rehabilitation,
    19  repair,  renovation, alteration, or improvement that each contractor and
    20  subcontractor shall participate in apprentice training programs  in  the
    21  trades  of  work  it  employs that: have been approved for not less than
    22  three years by the state department of labor; have  graduated  at  least
    23  one  apprentice  in  the  last  3  years;  have  at least one apprentice
    24  currently enrolled in such apprentice training program; and have  demon-
    25  strated  that  the  program  has made significant efforts to attract and
    26  retain minority apprentices.

    27    § 10. Program managers.  (a) All contracts entered into by  resolution
    28  of  the [RSC board] RJSCB for projects for phase two undertaken pursuant
    29  to this act shall be managed by  an  independent  program  manager.  The
    30  selection  of  the  program manager shall be pursuant to the competitive
    31  process established in section eight of this act. Prior to  issuance  of
    32  the  contract,  the  program  manager  selected shall be approved by the
    33  superintendent, mayor,  city  council  and  the  Rochester  city  school
    34  district. The program manager shall have experience in planning, design-
    35  ing,  and  constructing new and/or reconstructing existing school build-
    36  ings, public facilities, commercial  facilities,  and/or  infrastructure

    37  facilities, and in the negotiation and management of labor contracts and
    38  agreements,  training programs, educational programs, and physical tech-
    39  nological requirements for educational  programs.  The  program  manager
    40  shall  manage  all  projects  undertaken  pursuant  to  this act, review
    41  project schedules, review payment schedules, prepare cost estimates  and
    42  assess  the safety programs of contractors and all training programs, if
    43  required. The program manager shall implement procedures  for  verifica-
    44  tion  by  it that all work for which payment has been requested has been
    45  satisfactorily completed.
    46    (b) The program manager, and its affiliates or subsidiaries,  if  any,
    47  shall  be  prohibited from awarding contracts or being awarded contracts
    48  for, or performing any work on, projects  undertaken  pursuant  to  this

    49  act.  Contracts  awarded by RJSCB for construction work required for the
    50  reconstruction, rehabilitation or renovation of a  project  pursuant  to
    51  this  act shall be awarded pursuant to public bidding in compliance with
    52  section 103 of the general municipal law.
    53    § 11. Independent compliance officers.   [(a)] All  contracts  entered
    54  into  by  resolution of the [RSC board] RJSCB for projects for phase two
    55  undertaken by this act shall be monitored by an  independent  compliance
    56  officer.  The  compliance  officer shall: develop, implement, advertise,
        S. 7859--A                          8
 
     1  promote and monitor policies  and  procedures  to  utilize  and  provide
     2  sufficient  MWBE,  DBE and skilled minority employment resources partic-

     3  ipation opportunities to be followed by prime  contractors  and  subcon-
     4  tractors for such projects; review, modify if necessary, and approve the
     5  preliminary  diversity plan established pursuant to section five of this
     6  act; provide technical assistance to potential MWBE and DBE  contractors
     7  and  subcontractors  interested  in bidding on any such projects; obtain
     8  and maintain records and documentation to confirm  compliance  with  any
     9  requirements  contained  in  the  approved  diversity plan, for any such
    10  project; identify contractors in non-compliance with any  such  require-
    11  ments  contained  in  the approved diversity plan or in violation of any
    12  federal, state and local laws, rules or regulations; monitor and  report
    13  the  upward/downward  price  adjustment and payment amounts to MWBEs and
    14  DBEs listed on contractors utilization plan for any such project; devel-

    15  op and work with the [RSC board] RJSCB to enforce  agreed  financial  or
    16  monetary sanctions for any contractor's non-compliance with the MWBE/DBE
    17  utilization  master plan.  In addition, the independent compliance offi-
    18  cer shall:  develop, implement, advertise, promote and monitor  MWBE/DBE
    19  policies  and  procedures  for  each  project  to  be  followed by prime
    20  contractors and subcontractors for such projects;  obtain  and  maintain
    21  records  and  documentation  to  confirm  compliance with any applicable
    22  requirements for each project; identify  contractors  in  non-compliance
    23  with  any  such requirements pursuant to this section or in violation of
    24  any federal, state and local laws, rules or regulations. The independent

    25  compliance officer shall report to the RJCSB on a monthly basis.
    26    [(b) The independent compliance officer along with the program manager
    27  selected to manage any such project shall work jointly  to  ensure  that
    28  any  requirements  contained  in  the approved diversity plan associated
    29  with any project undertaken pursuant to this act are met.]
    30    § 13. Contracts.  Notwithstanding any general, special, or  local  law
    31  or  ordinance to the contrary, contracts entered into by the [RSC board]
    32  RJSCB for projects undertaken pursuant to this act: (a) may be funded by
    33  the issuance of certificates of participation issued by the city  pursu-
    34  ant  to  this  act;  (b) may be installment purchased contracts; and (c)
    35  shall be subject to the provisions  of  section  109-b  of  the  general

    36  municipal  law,  except  for  paragraph  (a)  of  subdivision  3 of such
    37  section, subdivision 5 of such section, and paragraph (c) of subdivision
    38  6 of such section, and except to the extent such section is inconsistent
    39  with the provisions of  this  act.  All  provisions  with  reference  to
    40  installment   purchase   contracts   or  certificates  of  participation
    41  contained in section 109-b of the  general  municipal  law,  except  any
    42  prohibition against using such installment purchase contracts or certif-
    43  icates  of  participation  for the purposes set forth in this act, shall
    44  apply to installment purchase contracts or certificates of participation
    45  entered into or issued pursuant to the authority of this section.
    46    § 5. Section 16 of chapter 416 of the laws of  2007  establishing  the
    47  city of Rochester and the board of education of the city school district

    48  of the city of Rochester school facilities modernization program act, is
    49  amended to read as follows:
    50    §  16.  County  of Monroe industrial development agency.  (a) Notwith-
    51  standing any limitations contained in article 18-A of the general munic-
    52  ipal law, including subdivisions 4[,] and 12 [and 13] of section 854 and
    53  section 926 of the general municipal law, a project undertaken  pursuant
    54  to  this  act  shall  be  a  "project" within the definition and for the
    55  purposes of subdivision 4 of section 854 of the general  municipal  law,
    56  which  may  be  financed  by the county of Monroe industrial development
        S. 7859--A                          9
 
     1  agency, the dormitory authority of the state of New York, or any succes-
     2  sor entity thereto. Provided, however, that if  a  project  is  financed

     3  through  the  county of Monroe industrial development agency, the agency
     4  shall utilize a competitive process for selection of the financial agen-
     5  cy  that will issue the bonds or bond anticipation notes.  In connection
     6  with the county of Monroe industrial development agency or the dormitory
     7  authority of the state of New York financing the costs  of  any  project
     8  undertaken  pursuant  to this act, the city and the city school district
     9  may grant a leasehold or license interest  in  the  project  and  school
    10  building  site  constituting such project to the county of Monroe indus-
    11  trial development agency or the dormitory authority of the state of  New
    12  York.  All  contracts  for  construction or reconstruction involving any
    13  such projects shall be awarded by the [RSC board] RJSCB pursuant to [the

    14  competitive process outlined  in  section  eight  of  this  act]  public
    15  bidding  in compliance with section 103 of the general municipal law and
    16  shall comply with the provisions of section nine of this act.
    17    (b) In the event that the city or the city school district shall  fail
    18  to  make  a payment in such amount and by such date as is provided to be
    19  made by such city or city school district under agreements entered  into
    20  with  the  county of Monroe industrial development agency, the dormitory
    21  authority of the state of New York,  or  any  successor  entity  thereto
    22  pursuant  to  [paragraph]  subdivision  (a) of this section, such entity
    23  shall certify to the comptroller. Such certificate shall be in such form
    24  as the entity deems desirable, but shall specify  the  amount  by  which

    25  such payment shall have been deficient. The comptroller, upon receipt of
    26  such  certificate  from the entity, shall withhold such amount from such
    27  city or city school district any state and/or school aid payable to such
    28  city or city school district to the extent of the amount  so  stated  in
    29  such certificate as not having been made, and shall immediately pay over
    30  to  the  entity the amount so withheld. Any amount so paid to the entity
    31  from such state and/or school aid shall not obligate the state to  make,
    32  nor  entitle  the city or the city school district to receive, any addi-
    33  tional amounts of state and/or  school  aid.  Nothing  contained  herein
    34  shall  be deemed to prevent the state from modifying, reducing or elimi-
    35  nating any program or programs of state and/or school aid; nor shall the
    36  state be obligated by the terms hereof to maintain state  and/or  school

    37  aid at any particular level or amount.
    38    §  6.  Item  (iv)  of  clause  (a) of subparagraph 5 of paragraph e of
    39  subdivision 6 of section 3602 of the education law, as added by  chapter
    40  416 of the laws of 2007, is amended to read as follows:
    41    (iv)  Notwithstanding the provisions of item (i) of this clause, where
    42  such city or city school district has entered into an agreement with the
    43  county of Monroe industrial development agency or the dormitory authori-
    44  ty of the state of New York, for projects  authorized  pursuant  to  the
    45  city of Rochester and the board of education of the city school district
    46  of the city of Rochester school facilities modernization program act, to
    47  finance  debt related to school rehabilitation or reconstruction that is
    48  subject to subparagraph three of this paragraph, the lesser of: (A)  the

    49  net  interest cost, as defined by the commissioner, that would have been
    50  applicable to bonds or bond anticipation notes issued by the  county  of
    51  Monroe  industrial development agency if the project had been authorized
    52  to be financed and had been financed through such entity,  as  certified
    53  to  the  commissioner  by the executive director of the county of Monroe
    54  industrial development agency; or (B) such net interest cost, as defined
    55  by the commissioner, that would have been applicable to  bonds  or  bond
    56  anticipation  notes  issued by the state of New York dormitory authority
        S. 7859--A                         10
 
     1  if the project had been authorized to be financed and had been  financed
     2  through  such  entity, as certified to the commissioner by the executive

     3  director of the state of New  York  dormitory  authority  shall  be  the
     4  interest rate established for such city applicable to such debt.
     5    §  7.  Section  21 of chapter 416 of the laws of 2007 establishing the
     6  city of Rochester and the board of education of the city school district
     7  of the city of Rochester school facilities modernization program act, is
     8  amended to read as follows:
     9    § 21. Reporting requirements.  On June 30, 2008 and annually thereaft-
    10  er, until completion of the [13] 39 projects authorized pursuant to this
    11  act, the [RSC board] RJSCB shall issue a report  to  the  governor,  the
    12  comptroller,  the  commissioner,  the temporary president of the senate,
    13  the speaker of the assembly, the city, the city  council  and  the  city
    14  school district on the progress and status of the projects undertaken by

    15  the  [RSC  board]  RJSCB.    Provided further, that if any such entities
    16  request information on the progress and status of the projects prior  to
    17  such  report,  it  shall be provided to such entities by the [RSC board]
    18  RJSCB.
    19    In addition, on or before June 30, [2016] 2021, or upon completion  of
    20  the  [13]  26  projects  authorized  in  phase two pursuant to this act,
    21  whichever shall first occur, the [RSC board] RJSCB shall issue a  report
    22  to  the  city, the city school district, the governor, the commissioner,
    23  the comptroller, the temporary president of the senate, the  speaker  of
    24  the  assembly, the minority leader of the senate, the minority leader of
    25  the assembly, the state board of regents, and  the  chairs  and  ranking

    26  minority members of the New York state senate and assembly committees on
    27  education,  the  finance committee of the New York state senate, and the
    28  ways and means committee of the New York  state  assembly.  Such  report
    29  shall identify the fiscal and pedagogical results of the projects under-
    30  taken  pursuant  to this act, along with recommendations for its contin-
    31  uance, amendments, or discontinuance.
    32    § 8. Any person who knowingly files a false written  report  or  other
    33  false  written  instrument  with  the  RJSCB, the independent compliance
    34  officer or program manager may be subject to criminal penalties pursuant
    35  to the applicable provisions of the penal law in addition to  any  other
    36  penalties authorized by law.
    37    § 9. This act shall take effect immediately.