Bill Text: NY A02092 | 2021-2022 | General Assembly | Introduced
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 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to education [A02092 Detail]
Download: New_York-2021-A02092-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2092 2021-2022 Regular Sessions IN ASSEMBLY January 14, 2021 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Education 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 twenty-one--twenty-two and ther- 17 eafter, 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- 24 ance shall apply to a building or an addition housing grades prekinder- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00513-01-1A. 2092 2 1 garten through six and shall be adjusted for a building or an addition 2 housing grades seven through nine by a factor of one and four-tenths, 3 for a building or an addition housing grades seven through twelve by a 4 factor of one and five-tenths, for a building or addition housing 5 special education programs by a factor of two, except that where such 6 building or addition is connected to, or such space is located within, a 7 public school facility housing programs for nondisabled pupils, as 8 approved by the commissioner, a factor of three shall be used. Rated 9 capacity of a building or an addition shall be determined by the commis- 10 sioner based on space standards and other requirements for building 11 construction specified by the commissioner. Such assigned capacity 12 ratings shall include, in addition to those spaces used for the instruc- 13 tion of pupils, those spaces which are used for elementary and secondary 14 school libraries, cafeterias, prekindergarten instructional rooms, 15 teachers' conference rooms, gymnasiums and auditoriums. For new 16 construction projects approved on or after July first, two thousand, by 17 the voters of the school district or by the board of education of a city 18 school district in a city with more than one hundred twenty-five thou- 19 sand inhabitants, and/or the chancellor in a city school district in a 20 city having a population of one million or more, such rated capacity for 21 new buildings and additions constructed to replace existing buildings 22 that, in the judgment of the commissioner, have not been adequately 23 maintained and have not reached their projected useful life shall be 24 reduced by the commissioner by an amount proportional to the remaining 25 unused portion of the useful life of the existing buildings, provided 26 however that the commissioner may waive such requirement upon a finding 27 that replacement of the existing building is necessary to protect the 28 health and safety of students or staff, that reconstruction and modern- 29 ization of the existing building would not adequately address such 30 health and safety problems, and that the need to replace the building 31 was not caused by failure to adequately maintain the building. If the 32 commissioner of labor resets the statewide index reflecting changes in 33 the costs of labor and materials since July first, nineteen hundred 34 ninety-two, the commissioner shall adopt regulations to supersede the 35 basic per pupil allowance of up to six thousand three hundred seventy- 36 five dollars to the imputed allowance in effect at that time. 37 (3) Cost allowances for reconstructing or modernizing structures shall 38 not exceed one hundred per centum of the cost allowances for the equiv- 39 alent new construction over the projected useful life of the building, 40 to be determined in accordance with the regulations of the commissioner. 41 Reconstruction projects shall reasonably meet the criteria established 42 for new construction, including but not limited to energy, fire, 43 personal safety and space per pupil standards. For aid payable in school 44 year two thousand twenty-one--twenty-two and thereafter, for school 45 districts located in counties with a population of more than nine 46 hundred forty thousand and less than one million inhabitants according 47 to the two thousand ten federal census and are eligible for aid pursuant 48 to clause (c) of subparagraph two of paragraph c of this subdivision, 49 such aid shall be adjusted by the annual county labor market composite 50 wage rate of the city school district of such city having a population 51 of one million or more inhabitants. 52 § 2. This act shall take effect immediately.
