S5630-2011 Actions

• Jan 4, 2012: REFERRED TO FINANCE
• Jun 11, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 8, 2011: COMMITTEE DISCHARGED AND COMMITTED TO FINANCE
• Jun 8, 2011: REFERRED TO LOCAL GOVERNMENT

S5630-2011 Meetings

S5630-2011 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.

S5630-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5630
 2011-2012 Regular Sessions
 I N  SENATE
 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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