Bill Text: NY S06245 | 2019-2020 | General Assembly | Amended
Bill Title: Amends the city of Rochester and the board of education of the city school district of the city of Rochester school facilities modernization program act by granting further authority to the RJSCB to modernize educational facilities in the city of Rochester.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-05-27 - PRINT NUMBER 6245A [S06245 Detail]
Download: New_York-2019-S06245-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6245--A 2019-2020 Regular Sessions IN SENATE May 29, 2019 ___________ Introduced by Sens. ROBACH, FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- recom- mitted 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 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: 1 Section 1. Subdivisions (g), (i) and (j) of section 2 of chapter 416 2 of the laws of 2007, establishing the city of Rochester and the board of 3 education of the city school district of the city of Rochester school 4 facilities modernization program act, as amended by chapter 533 of the 5 laws of 2014, are amended and four new subdivisions (p), (q), (r) and 6 (s) are added to read as follows: 7 (g) "Project" shall mean work at an existing school building site that 8 involves the design, reconstruction, or rehabilitation of all or a 9 portion of an existing school building for its continued use as a school 10 of the city school district, which may include an addition to existing 11 school buildings for such continued use and which also may include (1) 12 the construction or reconstruction of athletic fields, playgrounds, and 13 other recreational facilities for such existing school buildings; 14 [and/or] (2) the acquisition and installation of all equipment necessary 15 and attendant to and for the use of such existing school [building] 16 buildings, including but not limited to items located at sites not with- 17 in a project that will allow the RJSCB to conduct district-wide technol- 18 ogy improvements to benefit existing school buildings; [and/or] (3) the 19 acquisition of additional real property by the city to facilitate the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11982-03-0S. 6245--A 2 1 project; and/or (4) the acquisition of additional real property by the 2 city to facilitate the project. 3 (i) "Program manager" shall mean an independent program management 4 firm hired by the RJSCB to oversee the implementation of the facilities 5 modernization plan, and to assist it in: (i) developing and implementing 6 procedures for the projects undertaken and contracted for by the RJSCB; 7 (ii) reviewing plans and specifications for projects; (iii) developing 8 and implementing policies and procedures to utilize employment resources 9 to provide sufficient skilled employees for such projects including 10 developing and implementing training programs, if required; (iv) manag- 11 ing such projects; and (v) providing such planning, design, financing, 12 and other services as may be appropriate to implement one or more 13 construction or reconstruction projects pursuant to this act. 14 (j) "Independent compliance officer" shall mean an independent firm 15 hired by the RJSCB with an in-depth knowledge base and breadth of expe- 16 rience conducting minority and women-owned business enterprise (MWBE) 17 and disadvantaged business enterprise (DBE) utilization compliance moni- 18 toring for public contracts within New York state, including school 19 districts and auditing contractors and subcontractors in construction 20 and reconstruction projects like those to be undertaken and contracted 21 for by the RJSCB pursuant to this act. Such firm shall support facili- 22 ties modernization phase three program and the program manager by devel- 23 oping and implementing an MWBE/DBE outreach and utilization plan for the 24 governance of all contracts to ensure compliance with all federal, 25 state, and local laws, rules, and regulations applicable. 26 (p) "Capital improvement plan" shall mean the city school district's 27 ongoing, annually updated five-year capital financing plan for the 28 construction and reconstruction of facilities, the acquisition and 29 replacement of vehicles and equipment and the completion of other long- 30 term capital projects undertaken and financed by the issuance of general 31 obligation bonds by the city on behalf of the city school district 32 pursuant to existing state law applicable to all school districts. 33 (q) "Comprehensive school facilities modernization plan" or "facili- 34 ties modernization plan" or "facilities modernization program" shall 35 mean the comprehensive, strategic plan developed by the city school 36 district and the RJSCB to be implemented in several phases for the 37 construction, renovation, rehabilitation and equipping of new and exist- 38 ing educational facilities, and athletic and recreational facilities 39 located in the city, which plan shall be included in a special section 40 of the city school district's ongoing five-year capital improvement 41 plan, as required by subdivision 6 of section 3602 of the education law 42 and the regulations of the commissioner, and such other matters set 43 forth in subdivision six of this section; which plan shall identify by 44 the number of buildings to be constructed or reconstructed to the satis- 45 faction of SED and include a district wide technology plan and related 46 incidental expenses as adopted by the RJSCB after a public hearing. 47 (r) "MWBE/DBE outreach and utilization plan" shall mean a plan 48 prepared by the independent compliance officer and the program manager 49 to the satisfaction of the RJSCB to meet the goals set forth in the 50 RJSCB approved diversity plan. 51 (s) "SED" shall mean the New York state department of education. 52 § 2. Subdivision (b) of section 3 of chapter 416 of the laws of 2007, 53 establishing the city of Rochester and the board of education of the 54 city school district of the city of Rochester school facilities modern- 55 ization program act, as amended by chapter 533 of the laws of 2014, is 56 amended to read as follow:S. 6245--A 3 1 (b) Such board shall be composed of seven voting members: three of 2 whom shall be appointed by, and serve at the pleasure of the mayor of 3 the city; three of whom shall be appointed by, and serve at the pleasure 4 of the superintendent of the board of education of the city school 5 district; and one of whom shall be independent from both the city school 6 district and the city but who shall have been agreed upon by the mayor 7 and the superintendent; and one non-voting member who shall be the inde- 8 pendent compliance officer, or the representative of the independent 9 compliance officer. One of the voting members shall be chosen, by such 10 voting members, to serve as chair of the board. Members of the board 11 shall not receive a salary or other compensation for such board duties, 12 but shall be entitled to reimbursement for actual and necessary expenses 13 incurred in the performance of his or her board duties. Members of the 14 board shall not be disqualified from holding public office or employ- 15 ment, nor shall they forfeit any office or employment by reason of their 16 appointment, notwithstanding the provisions of any general, special, or 17 local law, ordinance or city charter to the contrary. [The board will18be reconstituted] To provide for the continuing functioning of the 19 multiphase facilities modernization program, on the effective date of 20 the chapter of the laws of [2014] 2020 that amended this subdivision 21 [and the term of each prior board member shall automatically expire on22such date provided however that nothing shall preclude the reappointment23of an existing board member], the board in its constituted form shall 24 continue to exist for the accomplishment of any of the purposes speci- 25 fied in this act and the board, its members, officers and employees and 26 its operations and activities shall in all respects be governed by the 27 provisions of this act. 28 § 3. Sections 4, 5, 9, 10, 11 and 21 of chapter 416 of the laws of 29 2007, establishing the city of Rochester and the board of education of 30 the city school district of the city of Rochester school facilities 31 modernization program act, as amended by chapter 533 of the laws of 32 2014, are amended to read as follow: 33 § 4. Project authorization. No more than: (a) 13 projects, up to a 34 total cost of three hundred twenty-five million dollars in phase one, 35 and (b) 26 projects, up to a total cost of four hundred thirty-five 36 million dollars in phase two, and (c) 15 school building projects, plus 37 a district-wide technology project, up to a total cost of five hundred 38 fifty million dollars in phase three shall be authorized and undertaken 39 pursuant to this act, unless otherwise authorized by law. Moneys within 40 such limits may be applied for the planning costs associated with the 41 subsequent phase of the RSMP. 42 § 5. Comprehensive school facilities modernization plan. The super- 43 intendent shall submit to the RJSCB [a] comprehensive draft [plan] plans 44 recommending and outlining the projects for phase two and phase three it 45 proposes to be undertaken pursuant to this act. The RJSCB shall consider 46 the plan in developing a comprehensive school facilities modernization 47 plan recommending and outlining the projects it proposes to be poten- 48 tially undertaken pursuant to this act. Such plan shall include: (a) an 49 estimate of total costs to be financed, proposed financing plan, 50 proposed method of financing, terms and conditions of the financing, 51 estimated financing costs, and, if city general obligation bonds or 52 notes are not proposed as the method of financing, a comparison of 53 financing costs between such bonds or notes and the proposed method of 54 financing. Payment of debt service on bonds, notes or other obligations 55 issued to secure financing of not more than $325,000,000 in phase one 56 [and], $435,000,000 in phase two, and $550,000,000 in phase three forS. 6245--A 4 1 projects undertaken pursuant to this act shall not be considered when 2 determining the "city amount" required pursuant to subparagraph (ii) of 3 paragraph a of subdivision 5-b of section 2576 of the education law; 4 provided, however, that this provision shall not otherwise affect the 5 determination of said "city amount" with respect to funding unrelated to 6 projects undertaken pursuant to this act. The plan should also address 7 what specific options would be used to ensure that sufficient resources 8 exist to cover the local share of any such project cost on an annual 9 basis; (b) information concerning the potential persons to be involved 10 in the financing and such person's role and responsibilities; (c) esti- 11 mates on the design, reconstruction and rehabilitation costs by project, 12 any administrative costs for potential projects, and an outline of the 13 timeframe expected for completion of each potential project; (d) a 14 detailed description of the request for proposals process and an outline 15 of the criteria to be used for selection of the program manager, the 16 independent compliance officer and all contractors; provided that the 17 RJSCB may for phase three either extend the contracts of the providers 18 of professional services for phase [one] two upon the adoption of find- 19 ings that doing so would be in the public interest; [the contracts of20the program manager and the independent compliance officer for phase two21will be rebid, and provided further that the program manager and the22independent compliance officer and any new] or [different providers of] 23 re-bid such professional services [shall be engaged] contracts in 24 compliance with the provisions of section eight of this act; (e) any 25 proposed amendments to the city school district's five-year capital 26 facilities plan submitted in accordance with subdivision 6 of section 27 3602 of the education law and the regulations of the commissioner; and 28 (f) a [preliminary] diversity plan to develop diversity goals, including 29 appropriate community input and public discussion, and develop strate- 30 gies that would create and coordinate any efforts to ensure a more 31 diverse workforce for the projects. The [preliminary] diversity plan 32 should address accountability for attainment of the diversity goals, 33 what forms of monitoring would be used, and how such information would 34 be publicly communicated. 35 Prior to the development of the comprehensive school facilities 36 modernization plan for each phase authorized pursuant to this act, the 37 RJSCB and the city school district shall hold as many public hearings as 38 may be necessary to ensure sufficient public input and allow for signif- 39 icant public discussion on school building needs in such city, with at 40 least one hearing to be held in each neighborhood potentially impacted 41 by a proposed project. 42 All projects proposed in the comprehensive school facilities modern- 43 ization [plan] plans shall be included by the city school district as a 44 special section of the district's five-year capital facilities plan that 45 is required pursuant to subdivision 6 of section 3602 of the education 46 law and the regulations of the commissioner. 47 The RJSCB shall submit the components of such comprehensive [plan] 48 plans outlined in subdivision (a) of this section to the comptroller, 49 along with any other information requested by the comptroller, for his 50 or her review and approval. 51 § 9. Contracts generally. Notwithstanding the provisions of any 52 general, special, or local law or judicial decision to the contrary: 53 (a) The RJSCB may require a contractor, as a condition to being 54 awarded a contract, subcontract, lease, grant, bond, covenant or other 55 agreement for a project to enter into a project labor agreement for the 56 work involved with such project when such requirement is made part ofS. 6245--A 5 1 the bid specifications for the project and when the RJSCB determines 2 that the record supporting the decision to enter into such an agreement 3 establishes that it is justified by the interests underlying the compet- 4 itive bidding laws. In addition, the RJSCB may revise and extend the 5 requirements of the project labor agreement entered into for phase one 6 projects to the projects authorized in phase [two] three, contingent 7 upon the completion of a supplemental project labor agreement benefit 8 analysis and other requirements of the RJSCB in regards to diversity 9 goals, direct admission, pre-apprenticeship, and apprenticeship partic- 10 ipation. 11 (b) Any contract, subcontract, lease, grant, bond, covenant or other 12 agreement for projects undertaken pursuant to this act shall not be 13 subject to section 101 of the general municipal law when the RJSCB has 14 chosen to require a project labor agreement, pursuant to subdivision (a) 15 of this section. This exemption shall only apply to the projects under- 16 taken pursuant to this act and shall not apply to projects undertaken by 17 any other school district or municipality unless otherwise specifically 18 authorized. 19 (c) Whenever the RJSCB enters in a contract, subcontract, lease, 20 grant, bond, covenant or other agreement for the construction, recon- 21 struction, demolition, excavation, rehabilitation, repair, renovation, 22 alteration, or improvement for a project undertaken pursuant to this 23 act, it shall be deemed to be a public works project for the purposes of 24 article 8 of the labor law, and all the provisions of article 8 of the 25 labor law shall be applicable to all the work involved with such project 26 including the enforcement of prevailing wage requirements by the state 27 department of labor. 28 (d) Every contract entered into by resolution of the RJSCB for 29 construction or reconstruction of a project pursuant to this act shall 30 contain a provision that the design of such project shall be subject to 31 the review and approval of the city school district and that the design 32 and construction standards of such project shall be subject to the 33 review and approval of the commissioner. In addition, every such 34 contract for construction or reconstruction shall contain a provision 35 that the contractor shall furnish a labor and material bond guaranteeing 36 prompt payment of moneys that are due to all persons furnishing labor 37 and materials pursuant to the requirements of any contracts for a 38 project undertaken pursuant to this section and a performance bond for 39 the faithful performance of the project, which shall conform to the 40 provisions of section 103-f of the general municipal law, and that a 41 copy of such performance and payment bonds shall be kept by the RJSCB 42 and shall be open to public inspection. 43 (e) For the purposes of article 15-A of the executive law, any person 44 entering into a contract for a project authorized pursuant to this act 45 shall be deemed a state agency as that term is defined in such article 46 and such contracts shall be deemed state contracts within the meaning of 47 that term as set forth in such article. 48 (f) Notwithstanding the provisions of this act or of any general or 49 special law to the contrary, for any contract, subcontract, lease, 50 grant, bond, covenant or other agreement for construction, recon- 51 struction, demolition, excavation, rehabilitation, repair, renovation, 52 alteration, or improvement with respect to each project undertaken 53 pursuant to this act, the RJSCB shall consider the financial and organ- 54 izational capacity of contractors and subcontractors in relation to the 55 magnitude of work they may perform, the record of performance of 56 contractors and subcontractors on previous work, the record of contrac-S. 6245--A 6 1 tors and subcontractors in complying with existing labor standards and 2 maintaining harmonious labor relations, and the commitment of contrac- 3 tors to work with minority and women-owned business enterprises pursuant 4 to article 15-A of the executive law through joint ventures or subcon- 5 tractor relationships. The RJSCB shall further require, on any contract 6 in excess of one million dollars for construction, reconstruction, demo- 7 lition, excavation, rehabilitation, repair, renovation, alteration, or 8 improvement, which use apprentice-able and construction-related trade 9 classifications, that are also subject to the apprenticeship require- 10 ments of this paragraph that each contractor [and subcontractor] shall: 11 (1) participate in apprentice training programs in the trades of work it 12 employs that: have been approved for not less than three years by the 13 state department of labor; have graduated at least one apprentice in the 14 last 3 years; have at least one apprentice currently enrolled in such 15 apprentice training program; and have demonstrated that the program has 16 made significant efforts to attract and retain minority apprentices; and 17 (2) employ one or more apprentices in connection with its contract with 18 the RJSCB. If a prime contract is subject to the foregoing apprentice- 19 ship requirements, any subcontractors let by the prime contractor over 20 five hundred thousand dollars, which use apprentice-able and construc- 21 tion-related trade classifications, are also subject to the apprentice- 22 ship requirements of this paragraph. 23 § 10. Program managers. (a) All contracts entered into by resolution 24 of the RJSCB for projects for phase one, phase two and phase three 25 undertaken pursuant to this act shall be managed by [an] the independent 26 program manager. The [selection of] RJSCB may elect to either extend the 27 existing contract of the phase two program manager [shall] for phase 28 three upon the adoption of findings that doing so would be in the public 29 interest or select a phase three program manager pursuant to the compet- 30 itive process established in section eight of this act. Prior to issu- 31 ance of the contract, the program manager selected shall be approved by 32 the superintendent, mayor, city council and the Rochester city school 33 district. The program manager shall have experience in planning, design- 34 ing, and constructing new and/or reconstructing existing school build- 35 ings, public facilities, commercial facilities, and/or infrastructure 36 facilities, and in the negotiation and management of labor contracts and 37 agreements, training programs, educational programs, and physical tech- 38 nological requirements for educational programs. The program manager 39 shall manage all projects undertaken pursuant to this act, review 40 project schedules, review payment schedules, prepare cost estimates and 41 assess the safety programs of contractors and all training programs, if 42 required. The program manager shall implement procedures for verifica- 43 tion by it that all work for which payment has been requested has been 44 satisfactorily completed. 45 (b) The program manager, and its affiliates or subsidiaries, if any, 46 shall be prohibited from awarding contracts or being awarded contracts 47 for, or performing any work on, projects undertaken pursuant to this 48 act. Contracts awarded by the RJSCB for construction work required for 49 the construction, reconstruction, rehabilitation or renovation of a 50 project pursuant to this act shall be awarded pursuant to public bidding 51 in compliance with section 103 of the general municipal law. 52 § 11. Independent compliance officers. All contracts entered into by 53 resolution of the RJSCB for projects for phase one, phase two and phase 54 three undertaken by this act shall be monitored by an independent 55 compliance officer (ICO). The RJSCB may elect to either extend the 56 existing contract of the phase two independent compliance officer forS. 6245--A 7 1 phase three upon the adoption of findings that doing so would be in the 2 public interest or select a phase three independent compliance officer 3 pursuant to the competitive process established in section eight of this 4 act. The independent compliance officer shall: develop, implement, 5 advertise, promote and monitor policies and procedures to utilize and 6 provide sufficient MWBE, DBE and skilled minority employment resources 7 participation opportunities to be followed by prime contractors and 8 subcontractors for such projects; review, modify if necessary, and 9 approve the preliminary diversity plan established pursuant to section 10 five of this act; provide outreach and technical assistance to potential 11 MWBE and DBE contractors and subcontractors interested in bidding on any 12 such projects; obtain and maintain records and documentation to confirm 13 compliance with any requirements contained in the approved diversity 14 plan, for any such project; identify contractors in non-compliance with 15 any such requirements contained in the approved diversity plan or in 16 violation of any federal, state and local laws, rules or regulations; 17 monitor and report the upward/downward price adjustment and payment 18 amounts to MWBEs and DBEs listed on contractors utilization plan for any 19 such project; develop and work with the RJSCB to enforce agreed finan- 20 cial or monetary sanctions for any contractor's non-compliance with the 21 MWBE/DBE utilization master plan. In addition, the independent compli- 22 ance officer shall: develop, implement, advertise, promote and monitor 23 MWBE/DBE policies and procedures for each project to be followed by 24 prime contractors and subcontractors for such projects; obtain and main- 25 tain records and documentation to confirm compliance with any applicable 26 requirements for each project; identify contractors in non-compliance 27 with any such applicable requirements for each project including site 28 visits as necessary, at least twice monthly; pursuant to this section or 29 in violation of any federal, state and local laws, rules or regulations. 30 The independent compliance officer shall report to the [RJCSB] RJSCB on 31 a monthly basis. 32 § 21. Reporting requirements. (a) On June 30, 2008 and annually there- 33 after, until completion of [the 39] projects authorized pursuant to this 34 act, the RJSCB shall issue a report to the governor, the comptroller, 35 the commissioner, the temporary president of the senate, the speaker of 36 the assembly, the city, the city council and the city school district on 37 the progress and status of the projects undertaken by the RJSCB. 38 Provided further, that if any such entities request information on the 39 progress and status of the projects prior to such report, it shall be 40 provided to such entities by the RJSCB. 41 [In addition, on] (b) On or before June 30, 2021, or upon completion 42 of the [26] 14 projects, including district-wide technology, authorized 43 in phase two pursuant to this act, whichever shall first occur, the 44 RJSCB shall issue a report to the city, the city school district, the 45 governor, the commissioner, the comptroller, the temporary president of 46 the senate, the speaker of the assembly, the minority leader of the 47 senate, the minority leader of the assembly, the state board of regents, 48 and the chairs and ranking minority members of the New York state senate 49 and assembly committees on education, the finance committee of the New 50 York state senate, and the ways and means committee of the New York 51 state assembly. Such report shall identify the fiscal and pedagogical 52 results of the projects undertaken pursuant to this act, along with 53 recommendations for its continuance, amendments, or discontinuance. 54 (c) On or before June 30, 2030, or upon completion of the 16 school 55 building projects, including district-wide technology, authorized in 56 phase three pursuant to this act, whichever shall first occur, the RJSCBS. 6245--A 8 1 shall issue a report to the city, the city school district, the gover- 2 nor, the commissioner, the comptroller, the temporary president of the 3 senate, the speaker of the assembly, the minority leader of the senate, 4 the minority leader of the assembly, the state board of regents, and the 5 chairs and ranking minority members of the New York state senate and 6 assembly committees on education, the finance committee of the New York 7 state senate, and the ways and means committee of the New York state 8 assembly. Such report shall identify the fiscal and pedagogical results 9 of the projects undertaken pursuant to this act, along with recommenda- 10 tions for its continuance, amendments, or discontinuance. 11 § 4. Chapter 416 of the laws of 2007, establishing the city of Roches- 12 ter and the board of education of the city school district of the city 13 of Rochester school facilities modernization program act, is amended by 14 adding a new section 21-a to read as follows: 15 § 21-a. Any person who knowingly files a false written report or other 16 false written instrument with the RJSCB, the independent compliance 17 officer or program manager may be subject to criminal penalties pursuant 18 to the applicable provisions of the penal law in addition to any other 19 penalties authorized by law. 20 § 5. This act shall take effect immediately.
