NY Educ L § 2590-P (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 52-A - New York City Community School District System 2590-P - Educational Facilities Capital Plan.

§ 2590-p. Educational  facilities capital plan.  1. In accordance with subdivision three of this section, the chancellor shall prepare proposed five-year educational facilities capital plans.   Each such  plan  shall describe  each program element proposed in the plan, and shall set forth an estimate of the cost of each program  element,  an  estimate  of  the capital  funding  required  each  year  and the expected sources of such funding. The plan shall also set forth an estimate of the cost  of  each project  identified in the plan, shall assign priorities to the projects included therein and shall state the year in which each  such  project's design  and construction is proposed to be initiated and estimated to be completed. In preparing the plan and each project contained therein, the chancellor shall factor and account for the effect of data  provided  by the office of city planning, the department of buildings, the department of housing preservation and development and the department of health and mental   hygiene   pursuant   to  subdivisions  thirteen-a,  thirteen-b, thirteen-c, and thirteen-d of section seventeen hundred twenty-eight  of the public authorities law.   2.  Program  elements shall mean the following categories of work and, with respect to each such category, the plan shall include the following information:   a. New construction: The plan shall  identify  the  type,  approximate size  in  terms  of  gross  square  footage  and  student  capacity  and approximate location of each proposed new educational facility,  and  if the  construction  of  such  new facility is to result in the closing or replacement of an existing educational facility or facilities, the  plan shall identify each such facility to be closed or replaced.   b.  Building  additions:  The  plan  shall  identify  each educational facility for which a building addition  is  proposed  and  describe  the nature, purpose and approximate size of such addition.   c.  Major  modernization  and  rehabilitation: The plan shall identify each  educational  facility  at  which   a   rehabilitation   or   major modernization  is  to  be  performed, describe the general scope of such work at each such facility and describe the nature and estimated cost of the arrangements proposed in order to accommodate any students who  will be temporarily displaced as a result of the work.   d.  Athletic  fields,  playgrounds  and pools: The plan shall identify each educational facility at which an athletic field, playground or pool is to be constructed or at which an existing athletic field,  playground or pool is to be the subject of a major repair or rehabilitation.   e.  System  replacements:  The plan shall identify (i) each particular system to be replaced, in part or in its entirety, including electrical, plumbing, boilers, elevators, heating, ventilation and air conditioning, roof replacement, window replacement,  kitchens  and  warming  pantries, lighting,  exterior  masonry  and painting and plaster, (ii) the general standards to be adopted for  such  replacement  systems  and  (iii)  the number,  and  to  the  extent ascertainable, the identity of educational facilities in each borough at which each such system replacement  is  to be performed.   f.  Security:  The  plan shall describe the nature of security devices and systems proposed to be installed at educational facilities  and  the number,  and  to the extent ascertainable, the identity of facilities in each borough at which such a security system is to be installed.   g. Educational enhancements: The plan shall describe programs for  the redesign  and  reconfiguration of space within educational facilities in order  to  enhance  educational  activities   therein,   including   the installation  of  wiring or other facilities to permit or facilitate the use of computers or other educational devices and  equipment  and  shall identify  the  number,  and to the extent ascertainable, the identity of  educational  facilities  in  each  borough  at  which  such  educational enhancement programs shall be undertaken.   h. Emergency, unspecified and miscellaneous: The plan shall include an estimate  of  the  funding  requirements  to perform emergency projects, unspecified projects and  miscellaneous  capital  activities;  provided, however,  that  the  cost  of such program element shall not exceed five percent of the total estimated cost of the five-year capital plan.   * 3. a. No later than January sixth, nineteen hundred eighty-nine, the chancellor shall, in conjunction with the submission of the  educational facilities  master plan required by section twenty-five hundred ninety-o of this chapter,  submit  the  initial  proposed  five-year  educational facilities  capital  plan  to each community district education council, which shall conduct a public hearing on both the educational  facilities master  plan  and  the five-year educational facilities capital plan and shall prepare and submit recommendations to the chancellor on or  before February twentieth, nineteen hundred eighty-nine with respect to matters in  the  plans  that  involve that school district. The chancellor shall consider  the  recommendations  received  from  the  community  district education  councils  on  both the proposed educational facilities master plan and the proposed five-year  educational  facilities  capital  plan, and,  on  or  before  March  eighth, nineteen hundred eighty-nine, shall submit a final proposed five-year educational facilities capital plan to the city board for its  approval.  On  or  before  March  twenty-second, nineteen hundred eighty-nine, the city board shall approve the five-year educational  facilities capital plan submitted by the chancellor or such plan as is determined by the city board, which shall take effect on July first, nineteen hundred eighty-nine.   b. Commencing on November first, nineteen  hundred  ninety-three,  and every  five  years  thereafter,  the  chancellor shall submit a proposed five-year educational facilities capital plan  to  take  effect  on  the succeeding  July  first  to  each  community  school  district education council, which shall conduct a public  hearing  and  shall  prepare  and submit  recommendations  to the chancellor on or before January first of the ensuing year with respect to matters in the plan that  involve  that school   district.  Upon  submission  of  such  recommendations  to  the chancellor, the board shall make public, pursuant to this paragraph:  (i) a summary of the issues raised at such hearing;  (ii) a statement  of  the  reasons  why  any  significant  alternative recommendations  at  such hearing were or were not incorporated into the final plan; and  (iii) a description of any changes made to  the  proposed  plan  as  a result of the issues raised at such hearing.   The  chancellor  shall  consider the recommendations received from the community district education councils, and, on or before February  first of  such  year,  shall  submit  a  final  proposed five-year educational facilities capital plan to the city board for its approval  pursuant  to paragraph (d) of subdivision one of section twenty-five hundred ninety-g of this article.   * NB Effective until June 30, 2022   * 3. a. No later than January sixth, nineteen hundred eighty-nine, the chancellor  shall, in conjunction with the submission of the educational facilities master plan required by section twenty-five hundred  ninety-o of  this  chapter,  submit  the  initial  proposed five-year educational facilities capital plan to each  community  school  board,  which  shall conduct  a public hearing on both the educational facilities master plan and the five-year educational facilities capital plan and shall  prepare and  submit  recommendations  to  the  chancellor  on or before February twentieth, nineteen hundred eighty-nine with respect to matters  in  the  plans  that  involve that school district. The chancellor shall consider the recommendations received from the community school  boards  on  both the  proposed  educational  facilities  master  plan  and  the  proposed five-year  educational  facilities capital plan, and, on or before March eighth, nineteen hundred eighty-nine,  shall  submit  a  final  proposed five-year  educational facilities capital plan to the city board for its approval.  On  or   before   March   twenty-second,   nineteen   hundred eighty-nine,  the  city  board  shall  approve the five-year educational facilities capital plan submitted by the chancellor or such plan  as  is determined  by  the  city  board, which shall take effect on July first, nineteen hundred eighty-nine.   b. Commencing on November first, nineteen  hundred  ninety-three,  and every  five  years  thereafter,  the  chancellor shall submit a proposed five-year educational facilities capital plan  to  take  effect  on  the succeeding  July  first  to  each  community  school  district education council, which shall conduct a public  hearing  and  shall  prepare  and submit  recommendations  to the chancellor on or before January first of the ensuing year with respect to matters in the plan that  involve  that school  district.  The  chancellor  shall  consider  the recommendations received from the community school district education council,  and,  on or  before  February  first  of such year, shall submit a final proposed five-year educational facilities capital plan to the city board for  its approval.  On  or  before March first of such year, the city board shall approve the five-year educational facilities capital plan  submitted  by the  chancellor  or  such  plan as is determined by the city board. Upon submission of such recommendations to the chancellor,  the  board  shall make public, pursuant to this paragraph:  (i) a summary of the issues raised at such hearing;  (ii)  a  statement  of  the  reasons  why  any significant alternative recommendations at such hearing were or were not incorporated  into  the final plan; and  (iii)  a  description  of  any  changes made to the proposed plan as a result of the issues raised at such hearing.   * NB Effective June 30, 2022   * 4. Following approval by the city board of a  five-year  educational facilities  capital  plan,  the chancellor shall submit such plan to the mayor and the council of the city of New York for their approval.  After consultation  with  the  chancellor  and the city board, the mayor shall include in the city's executive capital budget for the  fiscal  year  in which the five-year plan is to commence an appropriation for educational facilities  in  an  amount he or she recommends as sufficient to provide for the funding of a five-year capital program for the  city  board  and shall specify amounts for each fiscal year within such five year period. Such five-year appropriation, which shall specify the annual amounts for each  fiscal  year  to  be made available, shall be subject to adoption, veto, and, except as hereinafter provided, amendment in accordance  with the  procedures  set  forth in the charter of the city of New York. Upon adoption of a five-year appropriation  pursuant  to  such  process,  the capital  program  of the city board shall, if the amount so appropriated differs from the cost estimated in the plan approved by the city  board, be  amended  to  reflect  the  funding  so  provided. No reduction shall thereafter be made by the city in the amount of such appropriation until completion of the plan, unless (i) the chancellor with the  approval  of the  city  board  shall so recommend or (ii) a general, across-the-board reduction is made in the  city's  capital  appropriations  in  order  to accommodate  an unforeseen reduction in the availability of city capital funds. In the event the chancellor with the approval of the  city  board so  recommends  or  such  a  reduction is made, the appropriation may be  reduced in accordance with such recommendation or proportionately to the reduction in the city's general capital appropriations. In the event the chancellor with the approval  of  the  city  board  requests  additional appropriations  from  such  city during the five-year period of the then effective plan, the chancellor shall specify the needs to be met by such additional appropriations. The city may appropriate an additional amount for the five-year educational facilities capital plan; provided that  in no  event  shall  such an additional appropriation be conditioned upon a reduction or alteration of  the  five-year  plan  then  in  effect.  The authority  may  not spend more in any fiscal year of the capital program than the amount specified in the five-year city appropriation  therefor, as  amended  from  time  to time; provided that any amounts not expended during a fiscal year may be expended in any succeeding fiscal year;  and provided  further that the mayor may authorize funds to be expended at a rate faster than the amounts so specified, within  the  balance  of  the five-year appropriation available therefor.   * NB Effective until June 30, 2022   * 4.  Following  approval by the city board of a five-year educational facilities capital plan, the chancellor shall transmit such plan to  the mayor  and  the council of the city of New York. After consultation with the chancellor and the city board, the mayor shall include in the city's executive capital budget for the fiscal year in which the five-year plan is to commence an appropriation for educational facilities in an  amount he  recommends  as  sufficient to provide for the funding of a five-year capital program for the city board and shall specify  amounts  for  each fiscal  year within such five year period. Such five-year appropriation, which shall specify the annual amounts for each fiscal year to  be  made available, shall be subject to adoption, veto and, except as hereinafter provided,  amendment  in accordance with the procedures set forth in the charter  of  the  city  of  New  York.  Upon  adoption  of  a  five-year appropriation  pursuant to such process, the capital program of the city board shall, if  the  amount  so  appropriated  differs  from  the  cost estimated  in the plan approved by the city board, be amended to reflect the funding so provided. No reduction shall thereafter be  made  by  the city  in  the  amount of such appropriation until completion of the plan unless (i) the  city  board  shall  so  recommend  or  (ii)  a  general, across-the-board  reduction is made in the city's capital appropriations in order to accommodate an unforeseen reduction in the  availability  of city  capital funds. In the event the city board so recommends or such a reduction is made, the appropriation may be reduced in  accordance  with such  recommendation  or  proportionately to the reduction in the city's general capital appropriations. In the event  the  city  board  requests additional  appropriations from such city during the five-year period of the then effective plan, the city board shall specify the  needs  to  be met   by  such  additional  appropriations.  The  city  may  appropriate additional amount for the five-year educational facilities capital plan, provided that in no event shall  such  an  additional  appropriation  be conditioned upon a reduction or alteration of the five-year plan then in effect.  The  authority  may  not  spend  more in any fiscal year of the capital  program  than  the  amount  specified  in  the  five-year  city appropriation  therefor, as amended from time to time; provided that any amounts not expended during  a  fiscal  year  may  be  expended  in  any succeeding  fiscal  year,  and  provided  further  that  the  mayor  may authorize funds to be expended at a rate  faster  than  the  amounts  so specified,  within  the balance of the five-year appropriation available therefor.   * NB Effective June 30, 2022    5. * a. The chancellor may in his or her discretion submit  amendments to an approved five-year educational facilities capital plan to the city board, mayor, and city council for their approval.   * NB Effective until June 30, 2022   * a.  The  chancellor  may  in  his discretion submit amendments to an approved five-year educational facilities capital plan to the city board for its approval.   * NB Effective June 30, 2022   b. The chancellor shall submit such amendments in the  event  (i)  the estimated  cost  of  any program element shall increase by more than ten percent from the estimate contained in the plan, (ii) a project will not be commenced within six months from the date  set  forth  in  the  plan, (iii) a project to be performed at an identified educational facility is proposed  to  be performed at a different educational facility or (iv) a project not identified in the plan, other than projects to be  performed pursuant  to paragraph h of subdivision two of this section, is proposed to be initiated.   c. In the event the city shall appropriate an  amount  less  than  the amount  proposed to be funded by the city in the then approved five-year educational facilities capital plan, or in the  event  an  appropriation shall  be  reduced  below  such level as provided in subdivision four of this section, the chancellor shall prepare and submit to the city  board for its approval an amendment to such plan to reflect the reduced amount of funding from the city.   d.  If  the  effect  of any plan amendment would require an additional appropriation by the city, no such amendment shall be implemented unless and until the city shall make such additional appropriation.   e. Amendments submitted by the chancellor as described in paragraph  c and  in  clauses (iii) and (iv) of paragraph b of this subdivision shall also be submitted to each affected community  school  board,  which  may conduct  a  public hearing and prepare and submit recommendations to the city board within forty-five days of such submission.   6. a. For each project included in an approved  five-year  educational facilities  capital  plan, the chancellor shall develop a detailed scope of the project, which shall include the following: (i) the purposes  and public  to be served, (ii) the programs to be conducted in the facility, (iii) the gross amounts of space and bulk for any building or structure, (iv) identification of the intent to use architectural,  engineering  or other  consultant  services  and  estimated  fees  for  such  consultant services, (v) the schedule of design and construction,  (vi)  the  total estimated   project   costs,   including  costs  for  site  acquisition, preparation and tenant relocation, design, construction  and  equipment, (vii)  maximum  estimated  expenditures  for the project for each fiscal year until its completion, (viii) costs associated with maintenance  and operation  of  the  physical  plant,  (ix)  how the data provided by the office of city planning, the department of buildings, the department  of housing  preservation  and  development and the department of health and mental  hygiene  pursuant  to   subdivisions   thirteen-a,   thirteen-b, thirteen-c,  and thirteen-d of section seventeen hundred twenty-eight of the public authorities law is factored and accounted for, and  (x)  such other  information  as  the  chancellor  shall  specify. In the event, a project consists of a program  element  without  identification  of  the particular  education facility at which such project is to be performed, the detailed scope of the project shall specify the nature of  the  work to  be  performed, applicable price and quality standards, a list of the schools eligible for such work, annual performance targets and the total estimated costs of such  project  during  each  fiscal  year  until  its completion.    b.  The  chancellor  may request the New York city school construction authority, and the authority shall be authorized, to develop preliminary plans for each project, to assist the chancellor in the  development  of the detailed scope of project, to proceed with site acquisition for such project  and  to  assist  in responding to emergency projects undertaken pursuant of  paragraph  h  of  subdivision  two  of  this  section.  The authority  may expend moneys for such purposes for projects to be funded pursuant to subdivision four of this section  in  such  amounts  as  are consistent with the city capital budget appropriation therefor.   * c.  The  chancellor  shall  prepare  preliminary scopes (i) for each project contained within the program elements defined  in  paragraphs  a and  b  of  subdivision  two  of  this  section  and, where appropriate, paragraph g of subdivision two of this  section,  (ii)  for  each  major modernization  project contained in paragraph c of such subdivision two, and (iii) for each new construction project contained in paragraph d  of such  subdivision two, and shall transmit such preliminary scopes to the affected community district education councils. The  community  district education  council  may  hold hearings on such scope; provided, however, that the community district education council must submit  any  comments to  the  chancellor  no  later  than  thirty  days following the date of submission. The chancellor shall consider the comments in preparing  the scope  that  he  or  she  will  submit to the director of management and budget of the city pursuant to paragraph d of this subdivision.   * NB Effective until June 30, 2022   * c. The chancellor shall prepare  preliminary  scopes  (i)  for  each project  contained  within  the program elements defined in paragraphs a and b of  subdivision  two  of  this  section  and,  where  appropriate, paragraph  g  of  subdivision  two  of this section, (ii) for each major modernization project contained in paragraph c of such subdivision  two, and  (iii) for each new construction project contained in paragraph d of such subdivision two, and shall transmit such preliminary scopes to  the affected  community  school  boards. The community school board may hold hearings on such scope, provided, however,  that  the  community  school board  must  submit  any comments to the chancellor no later than thirty days following the date of submission. The chancellor shall consider the comments in preparing the scope that he will submit to the  director  of management  and  budget  of  the  city  pursuant  to paragraph d of this subdivision.   * NB Effective June 30, 2022   * d. For projects to be funded pursuant to subdivision  four  of  this section,  the  chancellor shall transmit the detailed scope of each such project to the director  of  management  and  budget  of  the  city  for approval.  (i) Except as provided in paragraph b of this subdivision, no expenses shall  be  incurred  by  the  city  board  or the authority for any such project prior to approval of the detailed scope of any such project.  (ii) No detailed scope of project shall be approved unless  the  total estimated  costs  of such project, together with the aggregate estimated costs of all projects for which a detailed scope  has  theretofore  been approved,  are  within  city  capital  budget  appropriations  available therefor. A detailed scope of project that is  not  disapproved  by  the director  of  management and budget within thirty days of its submission shall be deemed approved. To the extent the director disapproves all  or part  of  a  scope,  he  or  she  shall set forth in writing the reasons therefor.  (iii) Upon approval of the detailed scope of project,  the  chancellor shall  refer  such  project  to  the  New  York city school construction authority for implementation in accordance with an agreement between the  authority and the city board and shall  transmit  the  approved  project scope  to  the  comptroller, whereupon the total estimated costs of such project as set forth in such approved project scope shall  be  available for expenditure.  (iv)  Approval  of  the  director  of  management  and budget shall be required for any material change  in  the  approved  detailed  scope  of project  or for any increase in the total cost of such project in excess of any reserve provided in the approved detailed scope of project.  Such approval shall be given or deemed given in the manner provided herein.  (v)  The  provisions  of  this  paragraph shall not apply to emergency projects undertaken pursuant to paragraph h of subdivision two  of  this section,  the estimated costs of which, together with the costs of other projects undertaken pursuant to said paragraph h, does  not  exceed  the amount  set  forth  in  the  educational  facilities  capital  plan  for activities pursuant to paragraph h of subdivision two of this section.   * NB Effective until June 30, 2022   * d. For projects to be funded pursuant to subdivision  four  of  this section,  the  chancellor shall transmit the detailed scope of each such project to the director  of  management  and  budget  of  the  city  for approval.  (i) Except as provided in paragraph b of this subdivision, no expenses shall  be  incurred  by  the  city  board  or the authority for any such project prior to approval of the detailed scope of any such project.  (ii) No detailed scope of project shall be approved unless  the  total estimated  costs  of such project, together with the aggregate estimated costs of all projects for which a detailed scope  has  theretofore  been approved,  are  within  city  capital  budget  appropriations  available therefor. A detailed scope of project that is  not  disapproved  by  the director  of  management and budget within thirty days of its submission shall be deemed approved. To the extent the director disapproves all  or part of a scope, he shall set forth in writing the reasons therefor.  (iii)  Upon  approval of the detailed scope of project, the chancellor shall refer such project  to  the  New  York  city  school  construction authority for implementation in accordance with an agreement between the authority  and  the  city  board and shall transmit the approved project scope to the comptroller whereupon the total  estimated  costs  of  such project  as  set forth in such approved project scope shall be available for expenditure.  (iv) Approval of the  director  of  management  and  budget  shall  be required  for  any  material  change  in  the approved detailed scope of project or for any increase in the total cost of such project in  excess of  any reserve provided in the approved detailed scope of project. Such approval shall be given or deemed given in the manner provided herein.  (v) The provisions of this paragraph  shall  not  apply  to  emergency projects  undertaken  pursuant to paragraph h of subdivision two of this section, the estimated costs of which, together with the costs of  other projects  undertaken  pursuant  to said paragraph h, does not exceed the amount  set  forth  in  the  educational  facilities  capital  plan  for activities pursuant to paragraph h of subdivision two of this section.   * NB Effective June 30, 2022   e.  For  projects  contained within a five-year educational facilities capital plan and not funded in  whole  or  in  part  by  the  city,  the chancellor  shall  refer  such  projects  to  the  New  York city school construction  authority  for  implementation  in  accordance  with   any agreement between the authority and the city board.   * f.  The  chancellor  and  the  president of the New York city school construction  authority,  shall  notify  the  mayor  of  the  amount  of appropriated funds projected to be spent for (i) development of detailed  scopes,  (ii)  development  of preliminary plans, (iii) site acquisition and (iv) emergencies,  and  the  mayor  shall  thereupon  authorize  the issuance  of bonds therefor in accordance with the local finance law and shall  notify the city comptroller of his or her authorization to expend such amounts for such purposes. Such notice shall be given or amended at least ten days prior to any expenditure included therein; provided  that the  chancellor,  the  president  of  the  authority and the mayor shall develop procedures to expedite authorization of emergency  expenditures. Neither  the  city  board  nor the authority shall expend funds for such purposes in excess of the amounts specified in  such  notice  until  the chancellor  shall  have amended such notice to reflect such excess. Upon approval of the detailed scope of a project, the mayor  shall  authorize the  issuance of bonds therefor in accordance with the local finance law and shall notify the city comptroller of his  or  her  authorization  to expend appropriated funds for the entire estimated cost of such project.   * NB Effective until June 30, 2022   * f.  The  chancellor  and  the  president of the New York city school construction  authority  shall  notify  the  mayor  of  the  amount   of appropriated funds projected to be spent for (i) development of detailed scopes,  (ii)  development  of preliminary plans, (iii) site acquisition and (iv) emergencies,  and  the  mayor  shall  thereupon  authorize  the issuance  of bonds therefor in accordance with the local finance law and shall notify the city comptroller of his authorization  to  expend  such amounts  for  such  purposes.  Such  notice shall be given or amended at least ten days prior to any expenditure included therein; provided  that the  chancellor,  the  president  of  the  authority and the mayor shall develop procedures to expedite authorization of emergency  expenditures. Neither  the  city  board  nor the authority shall expend funds for such purposes in excess of the amounts specified in  such  notice  until  the chancellor  shall  have amended such notice to reflect such excess. Upon approval of the detailed scope of a project, the mayor  shall  authorize the  issuance of bonds therefor in accordance with the local finance law and shall notify the city comptroller of  his  authorization  to  expend appropriated funds for the entire estimated cost of such project.   * NB Effective June 30, 2022   7.  The provisions of subdivision a of section two hundred fourteen of the charter of the city of New  York  shall  not  apply  to  a  proposed five-year appropriation made in accordance with subdivision four of this section,  and  the  provisions  of  subdivision b of section two hundred seventeen of such charter shall apply only after the end  of  the  fifth year  of a five-year appropriation made pursuant to such subdivision. To the extent any other provision of chapter nine or ten of such charter is inconsistent with the provisions of this section, the provisions of this section shall govern.