S T A T E   O F   N E W   Y O R K
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                                 4309--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 12, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education  --  recommitted
  to the Committee on Education in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the education law, in relation to Nassau  county  educa-
  tional  construction  projects;  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:

  Section  1.  Subdivision  4  of  section  1950 of the education law is
amended by adding a new paragraph oo to read as follows:
  OO. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE NASSAU  COUNTY
BOARD  OF COOPERATIVE EDUCATIONAL SERVICES SHALL ESTABLISH AN OFFICE FOR
REVIEW AND APPROVAL OF ALL SCHOOL MAINTENANCE AND CONSTRUCTION  PROJECTS
WITHIN THE COUNTY OF NASSAU. SUCH OFFICE SHALL BE ACCOUNTABLE FOR ADMIN-
ISTRATION AND ENFORCEMENT OF THE UNIFORM CODE WITH RESPECT TO BUILDINGS,
PREMISES  AND EQUIPMENT IN THE CUSTODY OF, OR ACTIVITIES RELATED THERETO
UNDERTAKEN BY, SCHOOL DISTRICTS WITHIN THE COUNTY OF NASSAU. NOTHING  IN
THIS SECTION SHALL PREVENT THE NASSAU COUNTY BOARD OF COOPERATIVE EDUCA-
TIONAL  SERVICES  FROM  CHARGING  A  FEE  FOR  SERVICES PROVIDED BY SUCH
OFFICE.
  (2) ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-ONE  THE  DISTRICT
SUPERINTENDENT  SHALL  PREPARE A REPORT TO BE SUBMITTED TO THE TEMPORARY
PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE  SPEAKER
OF  THE  ASSEMBLY,  AND  THE MINORITY LEADER OF THE ASSEMBLY INDICATING:
(I) THE AMOUNT OF PROJECTS REVIEWED BY SUCH  OFFICE,  (II)  THE  AVERAGE
LENGTH  OF  TIME  THAT APPROVAL OR DISAPPROVAL WAS GRANTED WITHIN, (III)
THE COST OF ESTABLISHING AND OPERATING SUCH OFFICE, (IV)  THE  ESTIMATED
COST SAVINGS OF HAVING CONSTRUCTION AND MAINTENANCE PROJECTS APPROVED BY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09805-02-6

              

S. 4309--A                          2

SUCH  OFFICE,  AND  (V)  A  RECOMMENDATION OF WHETHER SUCH OFFICE SHOULD
CONTINUE TO EXIST.
  S  2. Paragraph (d) of subdivision 2 of section 409-d of the education
law, as added by section 1 of part B of chapter 56 of the laws of  1998,
is amended to read as follows:
  (d) require each school district to develop a five year capital facil-
ities  plan  TO  BE  SUBMITTED  TO  THE  DEPARTMENT,  EXCEPT THAT SCHOOL
DISTRICTS IN THE COUNTY OF NASSAU SHALL ALSO PROVIDE A FIVE YEAR CAPITAL
PLAN TO THE NASSAU COUNTY BOARD OF COOPERATIVE EDUCATIONAL SERVICES;
  S 3. The third undesignated paragraph of subdivision 1 and subdivision
5 of section 408 of the education law, the third undesignated  paragraph
of  subdivision  1  as  amended  by chapter 414 of the laws of 1972, are
amended to read as follows:
  In the case of a school district in a city having a  million  inhabit-
ants  or  more  OR  SCHOOL DISTRICTS IN THE COUNTY OF NASSAU, all of the
provisions previously set forth in this subdivision shall apply,  except
that such school district shall only be required to submit an outline of
the  plans  and  specifications to the commissioner of education for his
information where a schoolhouse is to be erected in conjunction with the
development of a project to be developed under the provisions of article
two or five of the private housing finance law and where both the school
and the project are to have  rights  or  interests  in  the  same  land,
regardless  of  the similarity or equality thereof, including fee inter-
ests, easements, space rights or other rights or interests.
  5. A. In a city having a  population  of  one  million  or  more,  all
designing,  draughting  and  inspecting necessary in connection with the
construction, additions to, alterations and maintenance of  schoolhouses
shall  be  performed  by  a  bureau  established and maintained for this
purpose under the board of education. The work of this bureau  shall  be
performed  by  civil  service  employees in the classified civil service
under the direction of the superintendent of  school  buildings,  design
and  construction,  except  that  repairs, betterment and maintenance of
heating and ventilating plants and equipment, elevators  and  mechanical
equipment  shall  remain  under  the  direction of the superintendent of
plant operation and maintenance. In a special case upon approval of  the
board  of  estimate,  such  designing,  draughting  or inspecting may be
otherwise performed.
  B. FOR SCHOOL DISTRICTS  IN  THE  COUNTY  OF  NASSAU,  ALL  DESIGNING,
DRAUGHTING AND INSPECTING NECESSARY IN CONNECTION WITH THE CONSTRUCTION,
ADDITIONS  TO,  ALTERATIONS  AND  MAINTENANCE  OF  SCHOOLHOUSES SHALL BE
PERFORMED BY AN OFFICE ESTABLISHED AND MAINTAINED FOR THIS PURPOSE UNDER
THE NASSAU COUNTY BOARD OF COOPERATIVE EDUCATION SERVICES. THE  WORK  OF
THIS BUREAU SHALL BE PERFORMED BY CIVIL SERVICE EMPLOYEES IN THE CLASSI-
FIED  CIVIL  SERVICE UNDER THE DIRECTION OF THE SUPERINTENDENT OF SCHOOL
BUILDINGS, DESIGN AND CONSTRUCTION, EXCEPT THAT REPAIRS, BETTERMENT  AND
MAINTENANCE  OF  HEATING AND VENTILATING PLANTS AND EQUIPMENT, ELEVATORS
AND MECHANICAL  EQUIPMENT  SHALL  REMAIN  UNDER  THE  DIRECTION  OF  THE
DISTRICT  SUPERINTENDENT.  IN A  SPECIAL CASE UPON APPROVAL OF THE BOARD
OF ESTIMATE, SUCH DESIGNING, DRAUGHTING OR INSPECTING MAY  BE  OTHERWISE
PERFORMED.
  S 4. The education law is amended by adding a new article 10-E to read
as follows:
                              ARTICLE 10-E
                 NASSAU COUNTY EDUCATIONAL CONSTRUCTION
SECTION 500-A. CAPITAL CONSTRUCTION PROJECTS.

S. 4309--A                          3

  S 500-A. CAPITAL CONSTRUCTION PROJECTS. NOTWITHSTANDING THE PROVISIONS
OF  ANY  GENERAL,  SPECIAL,  OR  LOCAL  LAW  TO  THE CONTRARY, A CAPITAL
CONSTRUCTION CONTRACT ENTERED INTO BETWEEN A COMPONENT  SCHOOL  DISTRICT
OF  THE  NASSAU COUNTY BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND ANY
PERSON PURSUANT TO THIS ARTICLE MAY BE AWARDED EITHER PURSUANT TO PUBLIC
BIDDING  IN  COMPLIANCE  WITH  SECTION  ONE HUNDRED THREE OF THE GENERAL
MUNICIPAL LAW OR, IN ORDER TO FOSTER MAJOR INVESTMENT IN EXISTING SCHOOL
BUILDINGS AND TO DELIVER QUALITY PRODUCTS AND SERVICES THAT ARE  BENEFI-
CIAL  TO  THE SCHOOL DISTRICT AND THE PUBLIC THEY SERVE, PURSUANT TO THE
FOLLOWING PROVISIONS OF THIS ARTICLE FOR THE AWARD OF A  CONTRACT  BASED
ON  EVALUATION  OF  PROPOSALS  SUBMITTED  IN  RESPONSE  TO A REQUEST FOR
PROPOSALS PREPARED BY OR FOR A COMPONENT SCHOOL DISTRICT OF  THE  NASSAU
COUNTY  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES. PROVIDED, HOWEVER,
THAT THE COMPONENT SCHOOL DISTRICT OF SUCH BOARD SHALL HAVE  THE  OPTION
OF OBTAINING PROFESSIONAL SERVICES INCLUDING BUT NOT LIMITED TO AN INDE-
PENDENT  PROGRAM  MANAGER, CONSTRUCTION MANAGERS, ARCHITECTS, ENGINEERS,
FINANCIAL EXPERTS, AND DELIVERY COMPLIANCE SERVICES THROUGH SUCH BOARD'S
STANDARD REQUEST FOR PROPOSALS PROCESS USING THE BOARD AS THE  APPROVING
GOVERNING  BODY INSTEAD OF THE COMPONENT SCHOOL DISTRICT BOARD OF EDUCA-
TION FOR SUCH CONTRACT AWARDS.
  1. PRIOR TO THE ISSUANCE OF A REQUEST FOR PROPOSALS PURSUANT  TO  THIS
ARTICLE,  THE  NASSAU  COUNTY  BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SHALL PUBLISH NOTICE OF SUCH ISSUANCE IN THE OFFICIAL NEWSPAPER  OF  THE
COUNTY  OR  REGION,  IF  ANY,  AND  IN AT LEAST ONE NEWSPAPER OF GENERAL
CIRCULATION. CONCURRENT WITH THE PUBLICATION OF  SUCH  NOTICE,  A  DRAFT
REQUEST  FOR  PROPOSALS  SHALL BE FILED WITH THE BOARD. AFTER ALLOWING A
THIRTY DAY COMMENT PERIOD AND AN ADDITIONAL  TEN  DAYS  TO  REVIEW  SUCH
COMMENTS,  THE  BOARD  MAY  PUBLISH  THE FINAL REQUEST FOR PROPOSALS AND
CONCURRENT WITH SUCH PUBLICATION SHALL PUBLISH NOTICE OF  SUCH  ISSUANCE
IN  THE MANNER SPECIFIED IN THIS SUBDIVISION. CONCURRENT WITH THE PUBLI-
CATION OF THE FINAL REQUEST FOR PROPOSALS, A SET OF  COMMENTS  FILED  IN
RELATION  TO THE DRAFT REQUEST FOR PROPOSALS AND FINDINGS RELATED TO THE
SUBSTANTIVE ELEMENTS OF SUCH COMMENTS SHALL  BE  FILED  ALONG  WITH  THE
REQUEST  FOR  PROPOSALS  WITH  THE  BOARD  AND  IN THE PUBLIC LIBRARY OR
LIBRARIES IN PROXIMITY TO THE PROPOSED PROJECT.
  2. THE BOARD MAY REQUIRE  A  CONTRACTOR  AWARDED  A  PUBLIC  CONTRACT,
SUBCONTRACT  OR  OTHER  AGREEMENT  FOR A PROJECT TO ENTER INTO A PROJECT
LABOR AGREEMENT DURING AND FOR THE WORK INVOLVED WITH SUCH PROJECT  WHEN
SUCH  REQUIREMENT  IS PART OF THE BOARD'S SPECIFICATIONS FOR THE PROJECT
AND WHEN THE BOARD DETERMINES THAT THE RECORD SUPPORTING THE DECISION TO
ENTER INTO SUCH AN AGREEMENT ESTABLISHES THAT IT  IS  JUSTIFIED  BY  THE
INTERESTS UNDERLYING THE COMPETITIVE BIDDING LAWS.
  3.  EVERY  CONTRACT  ENTERED  INTO  BY  THE  BOARD FOR A PROJECT SHALL
CONTAIN A PROVISION THAT THE DESIGN OF SUCH PROJECT SHALL BE SUBJECT  TO
THE  REVIEW  AND  APPROVAL  OF THE SCHOOL DISTRICT AND THE NASSAU COUNTY
BOARD OF COOPERATIVE EDUCATIONAL SERVICES ENGINEER AND THAT  THE  DESIGN
AND  CONSTRUCTION  STANDARDS  OF  SUCH  PROJECT  SHALL BE FILED WITH THE
COMMISSIONER. IN ADDITION, EVERY SUCH CONTRACT SHALL CONTAIN A PROVISION
THAT THE CONTRACTOR SHALL FURNISH A LABOR AND MATERIAL BOND GUARANTEEING
PROMPT PAYMENT OF MONEYS THAT ARE DUE TO ALL  PERSONS  FURNISHING  LABOR
AND  MATERIALS  PURSUANT  TO  THE  REQUIREMENTS  OF  ANY CONTRACTS FOR A
PROJECT UNDERTAKEN PURSUANT TO THIS ARTICLE AND A PERFORMANCE  BOND  FOR
THE  FAITHFUL  PERFORMANCE  OF  THE  PROJECT, WHICH SHALL CONFORM TO THE
PROVISIONS OF SECTION ONE HUNDRED THREE-F OF THE GENERAL MUNICIPAL  LAW,
AND  THAT  A COPY OF SUCH PERFORMANCE AND PAYMENT BONDS SHALL BE KEPT BY

S. 4309--A                          4

NASSAU COUNTY BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  AND  SHALL  BE
OPEN TO PUBLIC INSPECTION.
  S  5.  This act shall take effect immediately and shall expire July 1,
2021 when upon such date the provisions of  this  act  shall  be  deemed
repealed.