Bill Text: NY A06726 | 2017-2018 | General Assembly | Amended
Bill Title: Provides the same adjustment for capital apportionment to high need school districts bordering the city of New York as used by school districts of the city of New York.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2018-01-03 - referred to education [A06726 Detail]
Download: New_York-2017-A06726-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6726--A 2017-2018 Regular Sessions IN ASSEMBLY March 16, 2017 ___________ Introduced by M. of A. PRETLOW, MAYER -- read once and referred to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to apportionment for capital outlays and debt service for school building purposes to certain high need school districts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraphs 1 and 3 of paragraph a of subdivision 6 of 2 section 3602 of the education law, as amended by section 5 of part A of 3 chapter 60 of the laws of 2000, are amended to read as follows: 4 (1) For new construction and the purchase of existing structures, the 5 cost allowances shall be based upon the rated capacity of the building 6 or addition and a basic per pupil allowance of up to six thousand three 7 hundred seventy-five dollars adjusted monthly by a statewide index 8 reflecting changes in the cost of labor and materials since July first, 9 nineteen hundred ninety-two, established by the commissioner of labor, 10 modified by an annual county or multi-county labor market composite wage 11 rate, established by the commissioner of labor in consultation with the 12 commissioner, for July first of the base year, commencing July first, 13 nineteen hundred ninety-seven for general construction contracts awarded 14 on or after July first, nineteen hundred ninety-eight, indexed to the 15 median of such county or multi-county rates, but not less than one. For 16 aid payable in school year two thousand seventeen--eighteen and there- 17 after, for school districts located in counties with a population of 18 more than nine hundred forty thousand and less than one million inhabit- 19 ants according to the two thousand ten federal census and are eligible 20 for aid pursuant to clause (c) of subparagraph two of paragraph c of 21 this subdivision, such aid shall be adjusted by the annual county labor 22 market composite wage rate of the city school district of such city 23 having a population of one million or more inhabitants. Such base allow- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10344-03-7A. 6726--A 2 1 ance shall apply to a building or an addition housing grades prekinder- 2 garten through six and shall be adjusted for a building or an addition 3 housing grades seven through nine by a factor of one and four-tenths, 4 for a building or an addition housing grades seven through twelve by a 5 factor of one and five-tenths, for a building or addition housing 6 special education programs by a factor of two, except that where such 7 building or addition is connected to, or such space is located within, a 8 public school facility housing programs for nondisabled pupils, as 9 approved by the commissioner, a factor of three shall be used. Rated 10 capacity of a building or an addition shall be determined by the commis- 11 sioner based on space standards and other requirements for building 12 construction specified by the commissioner. Such assigned capacity 13 ratings shall include, in addition to those spaces used for the instruc- 14 tion of pupils, those spaces which are used for elementary and secondary 15 school libraries, cafeterias, prekindergarten instructional rooms, 16 teachers' conference rooms, gymnasiums and auditoriums. For new 17 construction projects approved on or after July first, two thousand, by 18 the voters of the school district or by the board of education of a city 19 school district in a city with more than one hundred twenty-five thou- 20 sand inhabitants, and/or the chancellor in a city school district in a 21 city having a population of one million or more, such rated capacity for 22 new buildings and additions constructed to replace existing buildings 23 that, in the judgment of the commissioner, have not been adequately 24 maintained and have not reached their projected useful life shall be 25 reduced by the commissioner by an amount proportional to the remaining 26 unused portion of the useful life of the existing buildings, provided 27 however that the commissioner may waive such requirement upon a finding 28 that replacement of the existing building is necessary to protect the 29 health and safety of students or staff, that reconstruction and modern- 30 ization of the existing building would not adequately address such 31 health and safety problems, and that the need to replace the building 32 was not caused by failure to adequately maintain the building. If the 33 commissioner of labor resets the statewide index reflecting changes in 34 the costs of labor and materials since July first, nineteen hundred 35 ninety-two, the commissioner shall adopt regulations to supersede the 36 basic per pupil allowance of up to six thousand three hundred seventy- 37 five dollars to the imputed allowance in effect at that time. 38 (3) Cost allowances for reconstructing or modernizing structures shall 39 not exceed one hundred per centum of the cost allowances for the equiv- 40 alent new construction over the projected useful life of the building, 41 to be determined in accordance with the regulations of the commissioner. 42 Reconstruction projects shall reasonably meet the criteria established 43 for new construction, including but not limited to energy, fire, 44 personal safety and space per pupil standards. For aid payable in school 45 year two thousand seventeen--eighteen and thereafter, for school 46 districts located in counties with a population of more than nine 47 hundred forty thousand and less than one million inhabitants according 48 to the two thousand ten federal census and are eligible for aid pursuant 49 to clause (c) of subparagraph two of paragraph c of this subdivision, 50 such aid shall be adjusted by the annual county labor market composite 51 wage rate of the city school district of such city having a population 52 of one million or more inhabitants. 53 § 2. This act shall take effect immediately.
