§ 2590-P — Educational facilities capital plan

New York § 2590-P

• Jurisdiction: New York
• Law EDN: Education
• Title 2: School District Organization
• Art. 52-A: New York City Community School District System

Text

§ 2590-p. Educational facilities capital plan. 1. In accordance with\nsubdivision three of this section, the chancellor shall prepare proposed\nfive-year educational facilities capital plans. Each such plan shall\ndescribe each program element proposed in the plan, and shall set forth\nan estimate of the cost of each program element, an estimate of the\ncapital funding required each year and the expected sources of such\nfunding. The plan shall also set forth an estimate of the cost of each\nproject identified in the plan, shall assign priorities to the projects\nincluded therein and shall state the year in which each such project's\ndesign and construction is proposed to be initiated and estimated to be\ncompleted. In preparing the plan and each project contained therein, the\nchancellor shall factor and account for the effect of data provided by\nthe office of city planning, the department of buildings, the department\nof housing preservation and development and the department of health and\nmental hygiene pursuant to subdivisions thirteen-a, thirteen-b,\nthirteen-c, and thirteen-d of section seventeen hundred twenty-eight of\nthe public authorities law.\n 2. Program elements shall mean the following categories of work and,\nwith respect to each such category, the plan shall include the following\ninformation:\n a. New construction: The plan shall identify the type, approximate\nsize in terms of gross square footage and student capacity and\napproximate location of each proposed new educational facility, and if\nthe construction of such new facility is to result in the closing or\nreplacement of an existing educational facility or facilities, the plan\nshall identify each such facility to be closed or replaced.\n b. Building additions: The plan shall identify each educational\nfacility for which a building addition is proposed and describe the\nnature, purpose and approximate size of such addition.\n c. Major modernization and rehabilitation: The plan shall identify\neach educational facility at which a rehabilitation or major\nmodernization is to be performed, describe the general scope of such\nwork at each such facility and describe the nature and estimated cost of\nthe arrangements proposed in order to accommodate any students who will\nbe temporarily displaced as a result of the work.\n d. Athletic fields, playgrounds and pools: The plan shall identify\neach educational facility at which an athletic field, playground or pool\nis to be constructed or at which an existing athletic field, playground\nor pool is to be the subject of a major repair or rehabilitation.\n e. System replacements: The plan shall identify (i) each particular\nsystem to be replaced, in part or in its entirety, including electrical,\nplumbing, boilers, elevators, heating, ventilation and air conditioning,\nroof replacement, window replacement, kitchens and warming pantries,\nlighting, exterior masonry and painting and plaster, (ii) the general\nstandards to be adopted for such replacement systems and (iii) the\nnumber, and to the extent ascertainable, the identity of educational\nfacilities in each borough at which each such system replacement is to\nbe performed.\n f. Security: The plan shall describe the nature of security devices\nand systems proposed to be installed at educational facilities and the\nnumber, and to the extent ascertainable, the identity of facilities in\neach borough at which such a security system is to be installed.\n g. Educational enhancements: The plan shall describe programs for the\nredesign and reconfiguration of space within educational facilities in\norder to enhance educational activities therein, including the\ninstallation of wiring or other facilities to permit or facilitate the\nuse of computers or other educational devices and equipment and shall\nidentify the number, and to the extent ascertainable, the identity of\neducational facilities in each borough at which such educational\nenhancement programs shall be undertaken.\n h. Emergency, unspecified and miscellaneous: The plan shall include an\nestimate of the funding requirements to perform emergency projects,\nunspecified projects and miscellaneous capital activities; provided,\nhowever, that the cost of such program element shall not exceed five\npercent of the total estimated cost of the five-year capital plan.\n * 3. a. No later than January sixth, nineteen hundred eighty-nine, the\nchancellor shall, in conjunction with the submission of the educational\nfacilities master plan required by section twenty-five hundred ninety-o\nof this chapter, submit the initial proposed five-year educational\nfacilities capital plan to each community district education council,\nwhich shall conduct a public hearing on both the educational facilities\nmaster plan and the five-year educational facilities capital plan and\nshall prepare and submit recommendations to the chancellor on or before\nFebruary twentieth, nineteen hundred eighty-nine with respect to matters\nin the plans that involve that school district. The chancellor shall\nconsider the recommendations received from the community district\neducation councils on both the proposed educational facilities master\nplan and the proposed five-year educational facilities capital plan,\nand, on or before March eighth, nineteen hundred eighty-nine, shall\nsubmit a final proposed five-year educational facilities capital plan to\nthe city board for its approval. On or before March twenty-second,\nnineteen hundred eighty-nine, the city board shall approve the five-year\neducational facilities capital plan submitted by the chancellor or such\nplan as is determined by the city board, which shall take effect on July\nfirst, nineteen hundred eighty-nine.\n b. Commencing on November first, nineteen hundred ninety-three, and\nevery five years thereafter, the chancellor shall submit a proposed\nfive-year educational facilities capital plan to take effect on the\nsucceeding July first to each community school district education\ncouncil, which shall conduct a public hearing and shall prepare and\nsubmit recommendations to the chancellor on or before January first of\nthe ensuing year with respect to matters in the plan that involve that\nschool district. Upon submission of such recommendations to the\nchancellor, the board shall make public, pursuant to this paragraph:\n (i) a summary of the issues raised at such hearing;\n (ii) a statement of the reasons why any significant alternative\nrecommendations at such hearing were or were not incorporated into the\nfinal plan; and\n (iii) a description of any changes made to the proposed plan as a\nresult of the issues raised at such hearing.\n The chancellor shall consider the recommendations received from the\ncommunity district education councils, and, on or before February first\nof such year, shall submit a final proposed five-year educational\nfacilities capital plan to the city board for its approval pursuant to\nparagraph (d) of subdivision one of section twenty-five hundred ninety-g\nof this article.\n * NB Effective until June 30, 2026\n * 3. a. No later than January sixth, nineteen hundred eighty-nine, the\nchancellor shall, in conjunction with the submission of the educational\nfacilities master plan required by section twenty-five hundred ninety-o\nof this chapter, submit the initial proposed five-year educational\nfacilities capital plan to each community school board, which shall\nconduct a public hearing on both the educational facilities master plan\nand the five-year educational facilities capital plan and shall prepare\nand submit recommendations to the chancellor on or before February\ntwentieth, nineteen hundred eighty-nine with respect to matters in the\nplans that involve that school district. The chancellor shall consider\nthe recommendations received from the community school boards on both\nthe proposed educational facilities master plan and the proposed\nfive-year educational facilities capital plan, and, on or before March\neighth, nineteen hundred eighty-nine, shall submit a final proposed\nfive-year educational facilities capital plan to the city board for its\napproval. On or before March twenty-second, nineteen hundred\neighty-nine, the city board shall approve the five-year educational\nfacilities capital plan submitted by the chancellor or such plan as is\ndetermined by the city board, which shall take effect on July first,\nnineteen hundred eighty-nine.\n b. Commencing on November first, nineteen hundred ninety-three, and\nevery five years thereafter, the chancellor shall submit a proposed\nfive-year educational facilities capital plan to take effect on the\nsucceeding July first to each community school district education\ncouncil, which shall conduct a public hearing and shall prepare and\nsubmit recommendations to the chancellor on or before January first of\nthe ensuing year with respect to matters in the plan that involve that\nschool district. The chancellor shall consider the recommendations\nreceived from the community school district education council, and, on\nor before February first of such year, shall submit a final proposed\nfive-year educational facilities capital plan to the city board for its\napproval. On or before March first of such year, the city board shall\napprove the five-year educational facilities capital plan submitted by\nthe chancellor or such plan as is determined by the city board. Upon\nsubmission of such recommendations to the chancellor, the board shall\nmake public, pursuant to this paragraph:\n (i) a summary of the issues raised at such hearing;\n (ii) a statement of the reasons why any significant alternative\nrecommendations at such hearing were or were not incorporated into the\nfinal plan; and\n (iii) a description of any changes made to the proposed plan as a\nresult of the issues raised at such hearing.\n * NB Effective June 30, 2026\n * 4. Following approval by the city board of a five-year educational\nfacilities capital plan, the chancellor shall submit such plan to the\nmayor and the council of the city of New York for their approval. After\nconsultation with the chancellor and the city board, the mayor shall\ninclude in the city's executive capital budget for the fiscal year in\nwhich the five-year plan is to commence an appropriation for educational\nfacilities in an amount he or she recommends as sufficient to provide\nfor the funding of a five-year capital program for the city board and\nshall specify amounts for each fiscal year within such five year period.\nSuch five-year appropriation, which shall specify the annual amounts for\neach fiscal year to be made available, shall be subject to adoption,\nveto, and, except as hereinafter provided, amendment in accordance with\nthe procedures set forth in the charter of the city of New York. Upon\nadoption of a five-year appropriation pursuant to such process, the\ncapital program of the city board shall, if the amount so appropriated\ndiffers from the cost estimated in the plan approved by the city board,\nbe amended to reflect the funding so provided. No reduction shall\nthereafter be made by the city in the amount of such appropriation until\ncompletion of the plan, unless (i) the chancellor with the approval of\nthe city board shall so recommend or (ii) a general, across-the-board\nreduction is made in the city's capital appropriations in order to\naccommodate an unforeseen reduction in the availability of city capital\nfunds. In the event the chancellor with the approval of the city board\nso recommends or such a reduction is made, the appropriation may be\nreduced in accordance with such recommendation or proportionately to the\nreduction in the city's general capital appropriations. In the event the\nchancellor with the approval of the city board requests additional\nappropriations from such city during the five-year period of the then\neffective plan, the chancellor shall specify the needs to be met by such\nadditional appropriations. The city may appropriate an additional amount\nfor the five-year educational facilities capital plan; provided that in\nno event shall such an additional appropriation be conditioned upon a\nreduction or alteration of the five-year plan then in effect. The\nauthority may not spend more in any fiscal year of the capital program\nthan the amount specified in the five-year city appropriation therefor,\nas amended from time to time; provided that any amounts not expended\nduring a fiscal year may be expended in any succeeding fiscal year; and\nprovided further that the mayor may authorize funds to be expended at a\nrate faster than the amounts so specified, within the balance of the\nfive-year appropriation available therefor.\n * NB Effective until June 30, 2026\n * 4. Following approval by the city board of a five-year educational\nfacilities capital plan, the chancellor shall transmit such plan to the\nmayor and the council of the city of New York. After consultation with\nthe chancellor and the city board, the mayor shall include in the city's\nexecutive capital budget for the fiscal year in which the five-year plan\nis to commence an appropriation for educational facilities in an amount\nhe recommends as sufficient to provide for the funding of a five-year\ncapital program for the city board and shall specify amounts for each\nfiscal year within such five year period. Such five-year appropriation,\nwhich shall specify the annual amounts for each fiscal year to be made\navailable, shall be subject to adoption, veto and, except as hereinafter\nprovided, amendment in accordance with the procedures set forth in the\ncharter of the city of New York. Upon adoption of a five-year\nappropriation pursuant to such process, the capital program of the city\nboard shall, if the amount so appropriated differs from the cost\nestimated in the plan approved by the city board, be amended to reflect\nthe funding so provided. No reduction shall thereafter be made by the\ncity in the amount of such appropriation until completion of the plan\nunless (i) the city board shall so recommend or (ii) a general,\nacross-the-board reduction is made in the city's capital appropriations\nin order to accommodate an unforeseen reduction in the availability of\ncity capital funds. In the event the city board so recommends or such a\nreduction is made, the appropriation may be reduced in accordance with\nsuch recommendation or proportionately to the reduction in the city's\ngeneral capital appropriations. In the event the city board requests\nadditional appropriations from such city during the five-year period of\nthe then effective plan, the city board shall specify the needs to be\nmet by such additional appropriations. The city may appropriate\nadditional amount for the five-year educational facilities capital plan,\nprovided that in no event shall such an additional appropriation be\nconditioned upon a reduction or alteration of the five-year plan then in\neffect. The authority may not spend more in any fiscal year of the\ncapital program than the amount specified in the five-year city\nappropriation therefor, as amended from time to time; provided that any\namounts not expended during a fiscal year may be expended in any\nsucceeding fiscal year, and provided further that the mayor may\nauthorize funds to be expended at a rate faster than the amounts so\nspecified, within the balance of the five-year appropriation available\ntherefor.\n * NB Effective June 30, 2026\n 5. * a. The chancellor may in his or her discretion submit amendments\nto an approved five-year educational facilities capital plan to the city\nboard, mayor, and city council for their approval.\n * NB Effective until June 30, 2026\n * a. The chancellor may in his discretion submit amendments to an\napproved five-year educational facilities capital plan to the city board\nfor its approval.\n * NB Effective June 30, 2026\n b. The chancellor shall submit such amendments in the event (i) the\nestimated cost of any program element shall increase by more than ten\npercent from the estimate contained in the plan, (ii) a project will not\nbe commenced within six months from the date set forth in the plan,\n(iii) a project to be performed at an identified educational facility is\nproposed to be performed at a different educational facility or (iv) a\nproject not identified in the plan, other than projects to be performed\npursuant to paragraph h of subdivision two of this section, is proposed\nto be initiated.\n c. In the event the city shall appropriate an amount less than the\namount proposed to be funded by the city in the then approved five-year\neducational facilities capital plan, or in the event an appropriation\nshall be reduced below such level as provided in subdivision four of\nthis section, the chancellor shall prepare and submit to the city board\nfor its approval an amendment to such plan to reflect the reduced amount\nof funding from the city.\n d. If the effect of any plan amendment would require an additional\nappropriation by the city, no such amendment shall be implemented unless\nand until the city shall make such additional appropriation.\n e. Amendments submitted by the chancellor as described in paragraph c\nand in clauses (iii) and (iv) of paragraph b of this subdivision shall\nalso be submitted to each affected community school board, which may\nconduct a public hearing and prepare and submit recommendations to the\ncity board within forty-five days of such submission.\n 6. a. For each project included in an approved five-year educational\nfacilities capital plan, the chancellor shall develop a detailed scope\nof the project, which shall include the following: (i) the purposes and\npublic to be served, (ii) the programs to be conducted in the facility,\n(iii) the gross amounts of space and bulk for any building or structure,\n(iv) identification of the intent to use architectural, engineering or\nother consultant services and estimated fees for such consultant\nservices, (v) the schedule of design and construction, (vi) the total\nestimated project costs, including costs for site acquisition,\npreparation and tenant relocation, design, construction and equipment,\n(vii) maximum estimated expenditures for the project for each fiscal\nyear until its completion, (viii) costs associated with maintenance and\noperation of the physical plant, (ix) how the data provided by the\noffice of city planning, the department of buildings, the department of\nhousing preservation and development and the department of health and\nmental hygiene pursuant to subdivisions thirteen-a, thirteen-b,\nthirteen-c, and thirteen-d of section seventeen hundred twenty-eight of\nthe public authorities law is factored and accounted for, and (x) such\nother information as the chancellor shall specify. In the event, a\nproject consists of a program element without identification of the\nparticular education facility at which such project is to be performed,\nthe detailed scope of the project shall specify the nature of the work\nto be performed, applicable price and quality standards, a list of the\nschools eligible for such work, annual performance targets and the total\nestimated costs of such project during each fiscal year until its\ncompletion.\n b. The chancellor may request the New York city school construction\nauthority, and the authority shall be authorized, to develop preliminary\nplans for each project, to assist the chancellor in the development of\nthe detailed scope of project, to proceed with site acquisition for such\nproject and to assist in responding to emergency projects undertaken\npursuant of paragraph h of subdivision two of this section. The\nauthority may expend moneys for such purposes for projects to be funded\npursuant to subdivision four of this section in such amounts as are\nconsistent with the city capital budget appropriation therefor.\n * c. The chancellor shall prepare preliminary scopes (i) for each\nproject contained within the program elements defined in paragraphs a\nand b of subdivision two of this section and, where appropriate,\nparagraph g of subdivision two of this section, (ii) for each major\nmodernization project contained in paragraph c of such subdivision two,\nand (iii) for each new construction project contained in paragraph d of\nsuch subdivision two, and shall transmit such preliminary scopes to the\naffected community district education councils. The community district\neducation council may hold hearings on such scope; provided, however,\nthat the community district education council must submit any comments\nto the chancellor no later than thirty days following the date of\nsubmission. The chancellor shall consider the comments in preparing the\nscope that he or she will submit to the director of management and\nbudget of the city pursuant to paragraph d of this subdivision.\n * NB Effective until June 30, 2026\n * c. The chancellor shall prepare preliminary scopes (i) for each\nproject contained within the program elements defined in paragraphs a\nand b of subdivision two of this section and, where appropriate,\nparagraph g of subdivision two of this section, (ii) for each major\nmodernization project contained in paragraph c of such subdivision two,\nand (iii) for each new construction project contained in paragraph d of\nsuch subdivision two, and shall transmit such preliminary scopes to the\naffected community school boards. The community school board may hold\nhearings on such scope, provided, however, that the community school\nboard must submit any comments to the chancellor no later than thirty\ndays following the date of submission. The chancellor shall consider the\ncomments in preparing the scope that he will submit to the director of\nmanagement and budget of the city pursuant to paragraph d of this\nsubdivision.\n * NB Effective June 30, 2026\n * d. For projects to be funded pursuant to subdivision four of this\nsection, the chancellor shall transmit the detailed scope of each such\nproject to the director of management and budget of the city for\napproval.\n (i) Except as provided in paragraph b of this subdivision, no expenses\nshall be incurred by the city board or the authority for any such\nproject prior to approval of the detailed scope of any such project.\n (ii) No detailed scope of project shall be approved unless the total\nestimated costs of such project, together with the aggregate estimated\ncosts of all projects for which a detailed scope has theretofore been\napproved, are within city capital budget appropriations available\ntherefor. A detailed scope of project that is not disapproved by the\ndirector of management and budget within thirty days of its submission\nshall be deemed approved. To the extent the director disapproves all or\npart of a scope, he or she shall set forth in writing the reasons\ntherefor.\n (iii) Upon approval of the detailed scope of project, the chancellor\nshall refer such project to the New York city school construction\nauthority for implementation in accordance with an agreement between the\nauthority and the city board and shall transmit the approved project\nscope to the comptroller, whereupon the total estimated costs of such\nproject as set forth in such approved project scope shall be available\nfor expenditure.\n (iv) Approval of the director of management and budget shall be\nrequired for any material change in the approved detailed scope of\nproject or for any increase in the total cost of such project in excess\nof any reserve provided in the approved detailed scope of project. Such\napproval shall be given or deemed given in the manner provided herein.\n (v) The provisions of this paragraph shall not apply to emergency\nprojects undertaken pursuant to paragraph h of subdivision two of this\nsection, the estimated costs of which, together with the costs of other\nprojects undertaken pursuant to said paragraph h, does not exceed the\namount set forth in the educational facilities capital plan for\nactivities pursuant to paragraph h of subdivision two of this section.\n * NB Effective until June 30, 2026\n * d. For projects to be funded pursuant to subdivision four of this\nsection, the chancellor shall transmit the detailed scope of each such\nproject to the director of management and budget of the city for\napproval.\n (i) Except as provided in paragraph b of this subdivision, no expenses\nshall be incurred by the city board or the authority for any such\nproject prior to approval of the detailed scope of any such project.\n (ii) No detailed scope of project shall be approved unless the total\nestimated costs of such project, together with the aggregate estimated\ncosts of all projects for which a detailed scope has theretofore been\napproved, are within city capital budget appropriations available\ntherefor. A detailed scope of project that is not disapproved by the\ndirector of management and budget within thirty days of its submission\nshall be deemed approved. To the extent the director disapproves all or\npart of a scope, he shall set forth in writing the reasons therefor.\n (iii) Upon approval of the detailed scope of project, the chancellor\nshall refer such project to the New York city school construction\nauthority for implementation in accordance with an agreement between the\nauthority and the city board and shall transmit the approved project\nscope to the comptroller whereupon the total estimated costs of such\nproject as set forth in such approved project scope shall be available\nfor expenditure.\n (iv) Approval of the director of management and budget shall be\nrequired for any material change in the approved detailed scope of\nproject or for any increase in the total cost of such project in excess\nof any reserve provided in the approved detailed scope of project. Such\napproval shall be given or deemed given in the manner provided herein.\n (v) The provisions of this paragraph shall not apply to emergency\nprojects undertaken pursuant to paragraph h of subdivision two of this\nsection, the estimated costs of which, together with the costs of other\nprojects undertaken pursuant to said paragraph h, does not exceed the\namount set forth in the educational facilities capital plan for\nactivities pursuant to paragraph h of subdivision two of this section.\n * NB Effective June 30, 2026\n e. For projects contained within a five-year educational facilities\ncapital plan and not funded in whole or in part by the city, the\nchancellor shall refer such projects to the New York city school\nconstruction authority for implementation in accordance with any\nagreement between the authority and the city board.\n * f. The chancellor and the president of the New York city school\nconstruction authority, shall notify the mayor of the amount of\nappropriated funds projected to be spent for (i) development of detailed\nscopes, (ii) development of preliminary plans, (iii) site acquisition\nand (iv) emergencies, and the mayor shall thereupon authorize the\nissuance of bonds therefor in accordance with the local finance law and\nshall notify the city comptroller of his or her authorization to expend\nsuch amounts for such purposes. Such notice shall be given or amended at\nleast ten days prior to any expenditure included therein; provided that\nthe chancellor, the president of the authority and the mayor shall\ndevelop procedures to expedite authorization of emergency expenditures.\nNeither the city board nor the authority shall expend funds for such\npurposes in excess of the amounts specified in such notice until the\nchancellor shall have amended such notice to reflect such excess. Upon\napproval of the detailed scope of a project, the mayor shall authorize\nthe issuance of bonds therefor in accordance with the local finance law\nand shall notify the city comptroller of his or her authorization to\nexpend appropriated funds for the entire estimated cost of such project.\n * NB Effective until June 30, 2026\n * f. The chancellor and the president of the New York city school\nconstruction authority shall notify the mayor of the amount of\nappropriated funds projected to be spent for (i) development of detailed\nscopes, (ii) development of preliminary plans, (iii) site acquisition\nand (iv) emergencies, and the mayor shall thereupon authorize the\nissuance of bonds therefor in accordance with the local finance law and\nshall notify the city comptroller of his authorization to expend such\namounts for such purposes. Such notice shall be given or amended at\nleast ten days prior to any expenditure included therein; provided that\nthe chancellor, the president of the authority and the mayor shall\ndevelop procedures to expedite authorization of emergency expenditures.\nNeither the city board nor the authority shall expend funds for such\npurposes in excess of the amounts specified in such notice until the\nchancellor shall have amended such notice to reflect such excess. Upon\napproval of the detailed scope of a project, the mayor shall authorize\nthe issuance of bonds therefor in accordance with the local finance law\nand shall notify the city comptroller of his authorization to expend\nappropriated funds for the entire estimated cost of such project.\n * NB Effective June 30, 2026\n 7. The provisions of subdivision a of section two hundred fourteen of\nthe charter of the city of New York shall not apply to a proposed\nfive-year appropriation made in accordance with subdivision four of this\nsection, and the provisions of subdivision b of section two hundred\nseventeen of such charter shall apply only after the end of the fifth\nyear of a five-year appropriation made pursuant to such subdivision. To\nthe extent any other provision of chapter nine or ten of such charter is\ninconsistent with the provisions of this section, the provisions of this\nsection shall govern.\n