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S T A T E O F N E W Y O R K
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7385--A
2025-2026 Regular Sessions
I N A S S E M B L Y
March 25, 2025
___________
Introduced by M. of A. BRONSON, CLARK, MEEKS, LUNSFORD -- read once and
referred to the Committee on Education -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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, in
relation to granting further authority to the RJSCB to modernize
educational facilities in the city of Rochester
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Sections 4, 5 and 6 of 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 modern-
ization program act, as amended and the third and fifth undesignated
paragraphs of subdivision 6 as added by chapter 614 of the laws of 2021,
are amended to read as follows:
§ 4. Project authorization. No more than: (a) 13 projects, up to a
total cost of three hundred twenty-five million dollars in phase one,
and (b) 26 projects, up to a total cost of four hundred thirty-five
million dollars in phase two, and (c) 12 projects, up to a total cost of
[four hundred seventy-five million dollars] SIX HUNDRED MILLION DOLLARS
in phase three shall be authorized and undertaken pursuant to this act,
unless otherwise authorized by law.
§ 5. Comprehensive school facilities modernization plan. The super-
intendent shall submit to the RJSCB a comprehensive draft plan recom-
mending and outlining the projects for phase two and phase three it
proposes to be undertaken pursuant to this act. The RJSCB shall consider
the plan in developing a comprehensive school facilities modernization
plan recommending and outlining the projects it proposes to be poten-
tially undertaken pursuant to this act. Such plan shall include: (a) an
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10903-08-5
A. 7385--A 2
estimate of total costs to be financed, proposed financing plan,
proposed method of financing, terms and conditions of the financing,
estimated financing costs, and, if city general obligation bonds or
notes are not proposed as the method of financing, a comparison of
financing costs between such bonds or notes and the proposed method of
financing. Payment of debt service on bonds, notes or other obligations
issued to secure financing of not more than $325,000,000 in phase one,
$435,000,000 in phase two, and [$475,000,000] $600,000,000 in phase
three for projects undertaken pursuant to this act shall not be consid-
ered when determining the "city amount" required pursuant to subpara-
graph (ii) of paragraph a of subdivision 5-b of section 2576 of the
education law; provided, however, that this provision shall not other-
wise affect the determination of said "city amount" with respect to
funding unrelated to projects undertaken pursuant to this act. The plan
should also address what specific options would be used to ensure that
sufficient resources exist to cover the local share of any such project
cost on an annual basis; (b) information concerning the potential
persons to be involved in the financing and such person's role and
responsibilities; (c) estimates on the design, reconstruction and reha-
bilitation costs by project, any administrative costs for potential
projects, and an outline of the timeframe expected for completion of
each potential project; (d) a detailed description of the request for
proposals process and an outline of the criteria to be used for
selection of the program manager, the independent compliance officer and
all contractors; provided that the RJSCB may extend the contracts of the
providers of professional services for phase one or two upon the
adoption of findings that doing so would be in the public interest; the
contracts of the program manager and the independent compliance officer
for phase two will be rebid and the contracts of the program manager and
the independent compliance officer for phase three will be rebid, and
provided further that the program manager and the independent compliance
officer and any new or different providers of professional services
shall be engaged in compliance with the provisions of section eight of
this act; (e) any proposed amendments to the city school district's
five-year capital facilities plan submitted in accordance with subdivi-
sion 6 of section 3602 of the education law and the regulations of the
commissioner; and (f) a diversity plan to develop diversity goals,
including appropriate community input and public discussion, and develop
strategies that would create and coordinate any efforts to ensure a more
diverse workforce for the projects. The diversity plan should address
accountability for attainment of the diversity goals, what forms of
monitoring would be used, and how such information would be publicly
communicated.
Prior to the development of the comprehensive school facilities
modernization plan, the RJSCB and district shall hold as many public
hearings as may be necessary to ensure sufficient public input and allow
for significant public discussion on school building needs in such city,
with at least one hearing to be held in each neighborhood potentially
impacted by a proposed project.
All projects proposed in the comprehensive school facilities modern-
ization plan shall be included by the city school district as a special
section of the district's five-year capital facilities plan that is
required pursuant to subdivision 6 of section 3602 of the education law
and the regulations of the commissioner.
The RJSCB shall submit the components of such comprehensive plan
outlined in subdivision (a) of this section to the comptroller, along
A. 7385--A 3
with any other information requested by the comptroller, for [his or
her] SUCH COMPTROLLER'S review and approval.
§ 6. Project selection. Notwithstanding any general, special or local
law to the contrary and upon approval by the comptroller pursuant to
section five of this act, the RJSCB may select projects to be undertaken
pursuant to this act, as provided for in such approved comprehensive
plan. After the RJSCB has selected a new project and plans and specifi-
cations for such project have been prepared and approved by the RJSCB,
which are consistent with the approved comprehensive plan, the RJSCB
shall deliver such plans and specifications to the superintendent of the
city school district and the mayor of the city of Rochester for review
to ensure that sufficient resources exist to pay the local share of any
such project cost on an annual basis and that the plans meet program
needs, and upon the approval of the superintendent, to the commissioner
for [his or her] THEIR approval. After approval by the superintendent
and commissioner, the plans and specifications shall be returned to the
RJSCB. All such specifications shall detail the number of students the
completed project is intended to serve, the site description, the types
of subjects to be taught, the types of activities for school, recre-
ational, social, safety, or other purposes intended to be incorporated
in the school building or on its site and such other information as the
RJSCB and the commissioner shall deem necessary or advisable. The
district program manager shall establish reasonable guidelines or limits
on incidental costs to assure that to the greatest extent possible such
costs for each project do not exceed the state's maximum incidental cost
allowance, in order to maximize efficient use of state building aid.
Notwithstanding any other provision of law to the contrary, the RJSCB
shall submit estimated project costs for the projects authorized pursu-
ant to subdivisions (b) and (c) of section four of this act on a form
provided by the commissioner after the completion of schematic plans and
specifications for review by the commissioner. For projects authorized
pursuant to subdivision (b) of section four of this act, if the total
project costs associated with such projects exceed the sum of the esti-
mated individual approved cost allowance of each building project by
more than the lesser of 43 million dollars or ten percent of the
approved costs authorized pursuant to subdivision (b) of section four of
this act, and the city school district has not otherwise demonstrated to
the satisfaction of the state education department the availability of
additional local shares for such excess costs, then the RJSCB shall not
proceed with the preparation of final plans and specifications for such
projects until the projects have been redesigned or value-engineered to
reduce estimated project costs so as not to exceed the above cost
limits. For projects authorized pursuant to subdivision (c) of section
four of this act, if the [total estimated building aid payable] ESTI-
MATED AIDABLE PROJECT COSTS for projects authorized pursuant to subdivi-
sion (c) of section four of this act, based upon the sum of the esti-
mated individual approved cost allowance of each building, is less than
ninety-five percent of the total project costs, the RJSCB shall not
proceed with preparation of final plans and specifications for such
projects until the projects have been redesigned or value engineered to
reduce estimated costs so as not to exceed this cost limit.
Notwithstanding any other provision of law to the contrary, the RJSCB
shall submit estimated project costs for the projects authorized pursu-
ant to subdivision (c) of section four of this act on a form provided
by the commissioner after the completion of twenty-five percent of the
final plans and specifications for review by the commissioner. If the
A. 7385--A 4
[total estimated building aid payable] ESTIMATED AIDABLE PROJECT COSTS
for projects authorized pursuant to subdivision (c) of section four of
this act, based upon the sum of the estimated individual approved cost
allowance of each building, is less than ninety-five percent of the
total project costs, the RJSCB shall not proceed with the completion of
the remaining seventy-five percent of the plans and specifications for
such projects until the projects have been redesigned or value-engi-
neered to reduce estimated costs so as not to exceed this cost limit.
Notwithstanding any other provision of law to the contrary, the RJSCB
shall submit estimated project costs for the projects authorized pursu-
ant to subdivisions (b) and (c) of section four of this act on a form
provided by the commissioner after the completion of fifty percent of
the final plans and specifications for review by the commissioner. For
projects authorized pursuant to subdivision (b) of section four of this
act, if the total project costs associated with such projects exceed the
sum of the estimated individual approved cost allowance of each building
project by more than the lesser of 43 million dollars or ten percent of
the approved costs authorized pursuant to subdivision (b) of section
four of this act, and the city school district has not otherwise demon-
strated to the satisfaction of the state education department the avail-
ability of additional local share for such excess costs, then the RJSCB
shall not proceed with the completion of the remaining fifty percent of
the plans and specifications for such projects until the projects have
been redesigned or value-engineered to reduce estimated project costs so
as not to exceed the above cost limits. For projects authorized pursu-
ant to subdivision (c) of section four of this act, if the [total esti-
mated building aid payable] ESTIMATED AIDABLE PROJECT COSTS for projects
authorized pursuant to subdivision (c) of section four of this act,
based upon the sum of the estimated individual approved cost allowance
of each building, is less than ninety-five percent of the total project
costs, the RJSCB shall not proceed with the completion of the remaining
fifty percent of the plans and specifications for such projects until
the projects have been redesigned or value-engineered to reduce esti-
mated project costs so as not to exceed this cost limit.
Notwithstanding any other provision of law to the contrary, the RJSCB
shall submit estimated project costs for the projects authorized pursu-
ant to subdivision (c) of section four of this act on a form provided
by the commissioner after the completion of seventy-five percent of the
final plans and specifications for review by the commissioner. If the
[total estimated building aid payable] ESTIMATED AIDABLE PROJECT COSTS
for projects authorized pursuant to subdivision (c) of section four of
this act, based upon the sum of the estimated individual approved cost
allowance of each building, is less than ninety-five percent of the
total project costs, the RJSCB shall not proceed with the completion of
the remaining twenty-five percent of the plans and specifications for
such projects until the projects have been redesigned or value-engi-
neered to reduce estimated project costs so as not to exceed this cost
limit.
§ 2. Subdivision (c) of section 21 of 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 modern-
ization program act, as added by chapter 614 of the laws of 2021, is
amended to read as follows:
(c) On or before June 30, [2031] 2033, or upon completion of the 12
projects authorized in phase three pursuant to this act, whichever shall
first occur, the RJSCB shall issue a report to the city, the city school
A. 7385--A 5
district, the governor, the commissioner, the comptroller, the temporary
president of the senate, the speaker of the assembly, the minority lead-
er of the senate, the minority leader of the assembly, the state board
of regents, and the chairs and ranking minority members of the New York
state senate and assembly committees on education, the finance committee
of the New York state senate, and the ways and means committee of the
New York state assembly. Such report shall identify the fiscal and peda-
gogical results of the projects undertaken pursuant to this act, along
with recommendations for its continuance, amendments, or discontinuance.
§ 3. This act shall take effect immediately and shall apply to all
contracts entered into, renewed, modified or amended on or after such
effective date.Every fact on this page links to its source, starting with the official bill record.