Relates to phase two of the construction projects undertaken by the Rochester joint schools construction board

Existing Law: Chapter 416 of 2007 which authorizes the Rochester school facilities modernization program, Phase 1

Summary of Provisions:

Section 1 Definitions (Amends Section 2 of Chapter 416 of 2007) Subdivi- sion (g), Projects, is amended to expand the definition in respect to the acquisition of equipment to include "items located at sites not within a project that will allow the RSC board to conduct district-wide improvements to benefit existing school buildings and/or the acquisition of additional real property by the city to facilitate the project."

Subdivision (i), Program Manager, is amended to add to additional responsibilities including "developing and managing a financial plan to maximize the efficient use of state building aid" and "managing the project budget."

Subdivision (j), Independent compliance officer (ICO), is amended to ensure that the responsibilities of the ICO include auditing contractors and subcontractors as related to MWBE compliance in construction and reconstruction projects like those to be undertaken and contracted for by the RJSCB pursuant to this Act.

New subdivisions (k) (1)(m)(n)(o) are added. They provide definitions for "Professional Services", "Mayor", "Superintendent" "Rochester City School District Board" and "Rochester City Council".

Section 2. Rochester Joint Schools Constructions Board (Amends Section 3 of Chapter 416 of 2007). Subdivision (b) is amended to stagger the appointments of the RJSCB members to provide for continuity.

Section 3. Powers of the Joint Board (Amends Section 3 of Chapter 416 of 2007). Subdivision (c) is amended to authorize the RJSCB to engage an executive director or appoint an advisory staff of city and school district employees to provide oversight of the program manager.

Section 4 (Amends Sections 4,5,6,7,8,9,10,11 & 13 of Chapter 416 of 2007.)

Project Authorization (Amends Section 4 of Chapter 416 of 2007). Provides for a phase two, including 26 new projects with a total cost not to exceed $435 million.

Comprehensive school facilities modernization plan (Amends Section 5 of Chapter 416 of 2007). Requires RCSD to submit a comprehensive draft plan to the RJSCB board of projects to be undertaken in Phase two, and provides that the RJSCB shall consider the plan in developing a compre- hensive school modernization plan. Subdivision (a) extends the same provision of chapter 66 of the laws of 2012, which affirmed that FMP debt service for projects up to $325 million would not be included in the City's maintenance of effort obligation to the RSCD, to the $425 million phase two debt service cost. Subdivision (d) is amended to provide that the RJSCB may extend the engagement of the consultants that provided professional services, with the exception of the program manag- er and independent compliance officer, for phase one, upon the adoption of findings that doing so would be in the public interest.

Project selection (Amends Section 6 of Chapter 416 of 2007). Provides that specific project specifications be submitted to the mayor and superintendent for review "to ensure that sufficient resources exist to cover the local share of any such project cost on an annual basis and that the plan meets program needs." This plan shall be subject to the approval of the Superintendent and Commissioner.

Contracts generally. (Amends Section 9 of Chapter 416 of 2007). Subdi- vision (a) is amended to provide that "the RSC board may extend the requirements of the PLA entered into for phase one projects to the projects authorized in phase two"

Program managers (Amends Section 10 of Chapter 416 of 2007). Subdivi- sion (a) is amended to provide for a new competitive selection process for the phase two program manager; and that the program manager operates within a budget approved by the superintendent; and that the superinten- dent may establish reasonable guidelines or limits on incidental costs to assure that such costs for each projects do not exceed the state's maximum incidental cost allowance, in order to maximize efficient use of state building aid.

Independent compliance officer (Amends Section 11 of Chapter 416 of 2007).The responsibilities of the Independent compliance officer (ICO) are further clarified. This section is also amended to require the ICO to report to the RJSCB on a monthly basis

Section 5 & 6. COMIDA Amended to authorize use of "bond anticipation notes".

Section 7. Reporting requirements

Section 9. Sets an immediate effective date.

Justification: Chapter 416 of 2007 authorized the first of two phases of construction toto rebuild the public schools in the City of Roches- ter. It has long been recognized that a healthy and welcoming learning environment promotes greater educational attainment. Phase 1 of the Facilities Modernization Program, which is managed by the Rochester Joint School Construction Board and is still ongoing, has involved the investment of $325 million for the reconstruction or rehabilitation of 13 schools in Rochester. Phase two of the program will involve rebuild- ing 26 schools in the City, at a cost of up to $435 million.

Passage of this legislation is necessary to prevent a lapse in construction and will allow for a seamless transition from Phase 1 to Phase 2. This legislation continues and improves many of the oversights of the current program to ensure transparency and accountability.

Legislative History: Phase One of this Program was authorized through Chapter 416 of 2007.

Fiscal Implications: Total cost to the State and Local government to be determined. This legislation authorizes construction totaling no more than $435 million, most of which will be borne by the State of New York.

Effective date

Immediately.