NY State Senate Bill 2011-S5630

Senate Bill S5630

2011-2012 Legislative Session

Relates to debt payments for Rochester school facilities not affecting the city of Rochester's maintenance of effort requirements

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to finance
Jun 11, 2011	committee discharged and committed to rules
Jun 08, 2011	committee discharged and committed to finance referred to local government

co-Sponsors

2011-S5630 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Rochester, City of
Laws Affected:: Amd §5, Chap 416 of 2007

2011-S5630 (ACTIVE) - Summary

Relates to debt payments for Rochester school facilities not affecting the city of Rochester's maintenance of effort requirements.

2011-S5630 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5630          REVISED 06/08/11

TITLE OF BILL:
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 debt payments for such school facilities

PURPOSE:
To make it easier for the Rochester city School District to undertake
modernization of their school facilities.

SUMMARY OF PROVISIONS:
Section 5 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 Rochester is amended as follows: All payments, including
lease payments and debt services on any bond, notes or other
obligations issued to finance project undertaken pursuant to this
act shall be considered debt service payments of the city school
districts for purpose of subparagraph (ii) of paragraph a of
subdivision 5-b of section 2576 of the education law in a manner
consistent with the legislative intent of such section

JUSTIFICATION:
The Rochester City School District cannot, by law, borrow money and,

therefore, relies on the City of Rochester to advance bonds for
annual construction and maintenance contracts. Due to confusion about
whether the advancement of bonds would increase the City of
Rochester's financial obligation to the RCSD under the 2007
Maintenance of Effort law. If not addressed, this uncertainty will
halt general maintenance of RCSD'S facilities making it unsafe for
children to attend school.
This legislation would clarify the 2007 Maintenance of Effort law.
Specifically, this bill will set forth in language from the New York
State Department of Education that bonded amounts for Rochester city
School District construction and/or modernization projects will not
be seen as an increase in the amount of money the city is required to
give the district under the MOE law. In short, this legislation will
provide the city of Rochester with the clarification needed from
NYSED to advance bonds to RCSD, thereby, allowing RCSD to move ahead
with necessary maintenance in an expeditious manner.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S5630 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5630

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 8, 2011
                               ___________

Introduced  by  Sens. ROBACH, MAZIARZ -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local Government

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 debt payments for such school facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 5 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  modernization
program act, is amended to read as follows:
  S  5.  Comprehensive  school  facilities  modernization plan.   Before
formal selection of the projects occurs, the RSC board shall  develop  a
comprehensive  school  facilities  modernization  plan  recommending and
outlining the projects it proposes to be potentially undertaken pursuant
to this act.  Such plan shall include: (a) an 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.   ALL PAYMENTS, INCLUDING
LEASE PAYMENTS AND DEBT SERVICE ON ANY BONDS, NOTES OR OTHER OBLIGATIONS
ISSUED TO FINANCE PROJECTS UNDERTAKEN PURSUANT  TO  THIS  ACT  SHALL  BE
CONSIDERED  DEBT  SERVICE  PAYMENTS  OF  THE  CITY  SCHOOL  DISTRICT FOR
PURPOSES OF SUBPARAGRAPH (II) OF  PARAGRAPH  A  OF  SUBDIVISION  5-B  OF
SECTION 2576 OF THE EDUCATION LAW IN A MANNER CONSISTENT WITH THE LEGIS-
LATIVE INTENT OF SUCH SECTION. The plan should also address what specif-
ic  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13010-01-1

S. 5630                             2

financing and such person's role and responsibilities; (c) estimates  on
the  design,  reconstruction  and  rehabilitation  costs by project, any
administrative costs for potential projects, and an outline of the time-
frame  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 independ-
ent compliance officer and all contractors; (e) any proposed  amendments
to  the city school district's five year capital facilities plan submit-
ted in accordance with subdivision 6 of section 3602  of  the  education
law  and  the  regulations  of  the  commissioner; and (f) a preliminary
diversity plan to develop diversity goals, including appropriate  commu-
nity  input  and  public  discussion,  and develop strategies that would
create and coordinate any efforts to ensure a more diverse workforce for
the projects. The preliminary diversity plan should address accountabil-
ity 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 RSC board shall hold as many public hearings  as
may be necessary to ensure sufficient public input and allow for signif-
icant  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  [JSC] RSC board shall submit the components of such comprehensive
plan outlined in subdivision (a) of this  section  to  the  comptroller,
along  with  any other information requested by the comptroller, for his
or her review and approval.
  S 2. This act shall take effect immediately.

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Senate Bill S5630

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Sponsored By

Joseph E. Robach