senate Bill S2808

Signed by Governor Amended

Enacts into law major components of legislation which are necessary to implement the education, labor and family assistance budget

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 01 / Feb / 2011
    • REFERRED TO FINANCE
  • 25 / Feb / 2011
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 25 / Feb / 2011
    • PRINT NUMBER 2808A
  • 12 / Mar / 2011
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 12 / Mar / 2011
    • PRINT NUMBER 2808B
  • 30 / Mar / 2011
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 30 / Mar / 2011
    • PRINT NUMBER 2808C
  • 30 / Mar / 2011
    • ORDERED TO THIRD READING CAL.294
  • 30 / Mar / 2011
    • AMENDED ON THIRD READING (T) 2808D
  • 30 / Mar / 2011
    • MESSAGE OF NECESSITY
  • 30 / Mar / 2011
    • PASSED SENATE
  • 30 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 30 / Mar / 2011
    • REFERRED TO WAYS AND MEANS
  • 30 / Mar / 2011
    • SUBSTITUTED FOR A4008D
  • 30 / Mar / 2011
    • ORDERED TO THIRD READING RULES CAL.16
  • 30 / Mar / 2011
    • MESSAGE OF NECESSITY - 3 DAY MESSAGE
  • 30 / Mar / 2011
    • PASSED ASSEMBLY
  • 30 / Mar / 2011
    • RETURNED TO SENATE
  • 30 / Mar / 2011
    • DELIVERED TO GOVERNOR
  • 31 / Mar / 2011
    • SIGNED CHAP.58

Summary

Relates to contracts of excellence, library funding, reimbursement of school districts, apportionment of school aid, building aid, foundation aid base, apportionment of school aid and of current year approved expenditures for debt service, apportionment of transportation aid, academic enhancement aid, high tax aid, Medicaid reimbursement, gap elimination adjustment, small government assistance and maximum class size; relates to the former New York State Theatre Institute; transfers all the rights and property held by the former New York State Theatre Institute to the office of general services and authorizes the commissioner of general services to transfer all the property that was part of the former New York State Theatre Institute to the Sage Colleges; relates to capital facilities in support of the state university and community colleges; relates to procurement in support of the state and city universities; relates to state university health care facilities; authorizes the commissioner of the office of children and family services to close certain facilities and makes other decisions necessary for the cost-effective and efficient operation of facilities operated by the office; relates to funding and utilization of juvenile detention and funding for supervision and treatment services; relates to the use of surplus funds from the greater Catskills flood remediation program; relates to directing the office of children and family services to annually provide, to the legislative leaders and social services districts, a detailed report on the total cost and operating capacity of its juvenile facilities; relates to eligibility requirements for student financial aid; relates to the effectiveness of certain provisions of law; provides for the administration of certain funds and accounts related to the 2011-2012 budget; authorizes certain payments and transfers; relates to the school tax relief fund; relates to the issuance of revenue bonds; relates to mental health service facilities financing; relates to the effectiveness of certain provisions of law; relates to environmental infrastructure projects; relates to certificates of participation; relates to housing program bonds and notes; relates to the issuance of bonds by the dormitory authority and the New York state environmental facilities corporation; provides funding for certain community projects, relating to increasing such funding, relating to certain monetary transfers; relates to voting of directors of local government assistance corporation; relates to library construction; relates to community enhancement facilities projects; relates to the amount of bonds issued for community enhancement projects; relates to providing for the administration of certain funds and accounts related to the 2002-2003 budget; relates to bonds or notes; relates to the issuance of bonds by the dormitory authority and the New York state urban development corporation; relates to the aggregate principal amount; relates to financing economic development and regional initiatives and in relation to the issuance of bonds or notes for the purpose of funding project costs for regional economic development council initiatives, communities impacted by the closure of New York state prison and correctional facilities and other states' costs associated with such projects; relates to the effectiveness of certain provisions of law; and relates to governing operators of commercial motor vehicles and federal requirements for medical certification pertaining to such operators.

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Bill Details

See Assembly Version of this Bill:
A4008
Versions:
S2808
S2808A
S2808B
S2808C
S2808D
Legislative Cycle:
2011-2012
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

Sponsor Memo

BILL NUMBER:S2808

TITLE OF BILL:

An act
to amend the education law, in relation to contracts of
excellence, library
funding, reimbursement of school districts, electronic format
materials and reporting
requirements, apportionment of school aid, building aid, foundation
aid base,
apportionment of school aid and of current year approved expenditures
for debt service,
apportionment of transportation aid, academic enhancement aid,
incentive operating aid
for reorganized districts, high tax aid, Medicaid reimbursement, gap
elimination
adjustment, school district performance incentive grants, grants,
maximum class size;
to amend the state finance law, in relation to base grant; to
amend chapter 756 of the laws of 1992 relating to funding a program
for work force
education conducted by the consortium for worker education in New York
city, in
relation to apportionment and reimbursement; in relation to the
apportionment of funds
to the education jobs fund; to amend chapter 169 of the laws of 1994
relating to certain
provisions related to the 1994-95 state operations, aid to localities,
capital projects and
debt service budgets, chapter 82 of the laws of 1995, amending the
education law and
certain other laws relating to state aid to school districts and the
appropriation of funds
for the support of government, chapter 386 of the laws of 1996
amending the education
law relating to providing for a waiver allowing state aid in certain
circumstances, chapter
472 of the laws of 1998 amending the education law relating to the
lease of school
buses by school districts, chapter 147 of the laws of 2001 amending
the education law
relating to conditional appointment of school district, charter school
or BOCES
employees, chapter 425 of the laws of 2002 amending the education law
relating to the
provision of supplemental educational services, attendance at a safe
public school and the
suspension of pupils who bring a firearm to or possess a firearm at a
school, chapter 101
of the laws of 2003 amending the education law relating to
implementation of the No

Child Left Behind Act of 2001, chapter 57 of the laws of 2008 amending
the education
law relating to the universal pre-kindergarten program, in relation to
school aid and
extending the expiration of certain provisions of such chapters;
to amend chapter 665 of the laws of 1963, relating to
the human resources school, in relation to changing such
name to the Henry Viscardi
school; to amend the public authorities law, in relation to approved
non-profit schools for the deaf and blind or other students with
disabilities, in
relation to school
bus driver training; in relation to the support of public libraries;
to provide special
apportionment for salary expenses; to provide special apportionment
for public
pension expenses; in relation to suballocation of certain education
department accruals;
in relation to purchases by the city school district of Rochester;
to repeal section 23 of chapter 169 of the laws of 1994, relating to
certain provisions related to the 1994-95 state operations, aid to
localities, capital projects and debt service
budgets, in relation to the
effectiveness thereof; to repeal certain provisions of the education
law, in relation to instruction of the deaf and blind;
and providing for the repeal of section 86 of this act on March
31, 2012 when upon such date the provisions of such section shall
be deemed repealed (Part A);
to amend the
education law, in relation to the school district
management efficiency awards program and school district performance
improvement awards grant (Part B);
to repeal article 9 of the arts and cultural affairs law relating to
the New York state theatre institute corporation and section 97-u of
state finance law relating to the New York state theatre institute
corporation fund, and to establish procedures for the transfer and
ownership of rights and real property currently held by the entity
formerly referred to as the New York state theatre
institute (Part C);
to amend the education law, the
public authorities
law and the
public buildings law, in relation to capital facilities in
support of the state university and community colleges; and
providing for the repeal of certain provisions upon expiration
thereof
(Subpart A);
to amend the education law and the
state finance law,
in relation to procurement in support
of the state and city universities; and
providing for the repeal of such provisions upon expiration

thereof
(Subpart B); to amend
the education law, in relation
to state university health care facilities; and
providing for the repeal of such provisions upon expiration
thereof
(Subpart C); and to enact certain reporting requirements; and
providing for the repeal of such provisions upon expiration
thereof (Subpart D) (Part D);
to amend the education law, in relation to tuition assistance program
award determinations (Part E);
to amend the education law, in relation to income as a determinate of
tuition assistance awards (Part F);
to amend the education law, in relation to restrictions on eligibility
to receive awards and loans; and to repeal certain provisions of such
law relating thereto (Part G);
to amend the education law, in relation to tuition assistance program
awards (Part H);
to amend the education law, in relation
to good academic standing requirements (Part I);
to amend the education law, in relation to tuition assistance program
awards for graduate school students; and to repeal certain provisions of
such law relating thereto (Part J);
to amend chapter 31 of the laws of 1985, amending the education law
relating to regents scholarships in certain professions, in relation
to the physician loan forgiveness program (Part K);
to amend chapter 57 of the laws of 2005 amending the education law
relating to the New York state nursing faculty loan forgiveness
incentive program and the New York state nursing faculty scholarship
program, in relation to the effectiveness thereof (Part L);
to amend chapter 161 of the laws of 2005, amending the education law and
other laws relating to the social worker loan forgiveness program, in
relation to the effectiveness thereof (Part M);
to amend the real property tax law and the tax law, in
relation to containing the cost of the STAR
program and allowing the renunciation of
STAR and other property tax exemptions (Part N);
to amend the education law, in relation to maintenance costs for
students with disabilities placed in a residential school under article
89 of the education law; and to amend the social services law, in
relation to expenditures by social services districts for children in
residential schools (Part O);
to amend the social services law and the executive law, in relation to
establishing a primary prevention incentive program; to amend the
executive law, in relation to delinquent and runaway youths;
to repeal subdivision 3 of section 409-a of the social
services law, relating to community optional preventive services; and to
repeal article 10-A of the social services law, relating to the William
B. Hoyt memorial children and family trust (Part P);
to amend the executive law,
in relation to prior notice for closure
of facilities operated by the office of children and family services;

and to repeal certain provisions of such law relating thereto
(Subpart A); and to amend the executive law, the
family court act, the social services law and the
county law, in relation to funding and utilization of juvenile
detention and
funding for supervision and treatment services; to repeal subdivisions
7 and 8 of section 530 of the executive law,
relating to state operation of juvenile detention and approval of new
juvenile detention capacity; and to repeal certain
provisions of article 7 of the
family court act and subdivision 12 of section 153
of the social services law, relating to the use of detention for persons
alleged or adjudicated to be in need of supervision
(Subpart B) (Part Q);
to amend the social services law, in relation to the fee charged for
clearances from the statewide central register of child abuse or
maltreatment (Part R);
to amend the social services law, in relation to increasing the standards
of monthly need for aged, blind and disabled persons (Part S);
to amend the social services law, in relation to sanctions imposed for
noncompliance with public assistance work requirements; and to repeal
certain provisions of such law relating thereto and providing for the
repeal of such provisions upon expiration thereof (Part T);
to amend the social services law, in relation to the standards of monthly
need for persons in receipt of public assistance (Part U);
to amend the private housing finance
law, in relation to the neighborhood
and rural preservation program and to repeal articles 16 and 17 of such
law relating thereto (Part V); and
to amend chapter 62 of the laws of 2003 amending the state finance law
and other laws relating to authorizing and directing the state
comptroller to loan money to certain funds and accounts, in relation to
extending the interest assessment surcharge fund (Part W)

PURPOSE:

This bill contains provisions needed to implement the Education, Labor
and Family Assistance portions of the 2011-12 Executive Budget.

This memorandum describes Parts A through W of the bill which are
described wholly within the parts listed below.

Part A - Amend the Education Law to realign School Aid and make other
changes necessary to implement education-related programs in the
Executive Budget.

Purpose:

This bill contains various provisions necessary for implementation of
the education portion of the 2011-12 Executive Budget.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

Public education in New York represents a significant commitment of
State and local resources. With total State and local spending levels
exceeding $53 billion, New Yorkers have maintained the highest
per-pupil spending levels in the nation even in these difficult
financial times. Education is the largest area of State spending.
This is a reflection of New York State's long-standing commitment to
providing opportunity for all students and ensuring that the children
of New York have an opportunity for a sound, basic education.

Although today's economic climate imposes significant limitations on
funding of public education, the State's commitment to ensuring that
this critical standard is met is unwavering. Accordingly, we must
improve the performance of our schools in educating our children
through greater efficiency and wiser investments. In addition, as we
proceed in future years, we must reassess the State's approach to
public education to ensure that it meets the needs of our children
for the future.

This bill includes several measures to realign School Aid along with
other changes necessary to implement education-related programs in
the Executive Budget. The major initiatives include:

* Foundation Aid and Other Operating Support: Funding for individual
aid categories that provide operating support to school districts
will be continued at current levels for the 2011-12 and the 2012-13
school years. These include:
Foundation Aid, Academic Enhancement Grants, High Tax Aid,
Supplementary Public Excess Cost Aid, and Universal Prekindergarten.
In addition, this bill would
adjust the phase-in schedule for Foundation Aid so it would be fully
phased-in by 2016-17.

* Gap Elimination Adjustment: This bill would authorize a Gap
Elimination Adjustment (GEA) formula that reduces School Aid
progressively, accounting for each school district's wealth, student
need, administrative efficiency and residential property tax burden.
The GEA would be applied against formula-based School Aid, excluding
Building Aid and Universal Prekindergarten. It would reduce School
Aid by a $2.8 billion GEA in the 2011-12 school year, which
translates to a $2.0 billion reduction in State General Fund
support in the 2011-12 State fiscal year. In future years, the GEA
would be continued and scaled to limit annual growth in School Aid
based on growth in New York personal income.

* Building Aid: This bill would redesign Building Aid to target
limited State resources for school construction by aligning
reimbursement rates more closely with the fiscal capacity of school
districts. This bill would .also create a new funding structure for
school construction that will use a competitive application process

that considers the need for the project, the age of the building to
be renovated or replaced and district fiscal capacity. This new
process would provide an authorization for $2 billion in new
reimbursable construction expenses annually for school districts
statewide.

* Transportation Aid: Prospective changes to the Transportation Aid
program would be made to encourage cost-effective school
transportation services. By the end of the 2012-13 school year,
school districts must either demonstrate participation in a
cost-effective shared services program or use best practices
identified as efficient by the State Education Department.
Noncompliance would result in graduated reductions in the percentage
of costs the State would reimburse, beginning in the 2013-14 school
year. Limits would also be placed on reimbursement to ensure that the
acquisition of school buses are cost justified.

* Boards of Cooperative Educational Services (BOCES) Aid: Beginning
with aid payable in the 2012-13 school year, the State aid ratios
used in the calculation of BOCES Aid would be more closely aligned
with those used in the calculation of Foundation Aid. In addition,
certain non-instructional shared services provided by BOCES would no
longer be reimbursed by the State.

* Summer School Special Education: State reimbursement to school
districts for summer school special education costs would be changed
from a flat rate of 70 percent for all districts to the Foundation
Aid State sharing ratio for each district, starting with the 2011-12
school year. This change would conform reimbursement for summer
school special education with the more equitable wealth adjusted
financing structure of the State's School Aid funding system. This
bill would also limit the portion of the current year appropriation
that is available to pay prior years' claims.

* State Supported Schools for the Blind and Deaf: Beginning with the
2011-12 school year, the 11 State Supported Schools for the Blind and
Deaf would be consolidated into the broader private special education
school classification. This consolidation will better align the
funding for these schools with that of other private special
education schools. The amendment would maintain the ability of State
Supported Schools for the Blind and Deaf to finance capital projects
through the Dormitory Authority.

* Library Aid: The Library Aid program provides operating support to
more than 700 public libraries, 23 public library systems, 41 school
district library systems and 9 reference and research library
systems. This bill would permanently authorize Library Aid payments
to be disbursed pursuant to the same methodology enacted in recent
years.

* Contract for Excellence: School districts recently participating in
the Contracts for Excellence program would continue operating

approved academic intervention programs consistent with Contract for
Excellence requirements. However, the required investment in these
programs Will be permitted to decline by the same percentage as the
district's formula-based aid will be reduced under the Gap
Elimination Adjustment. This approach will ensure the continued
participation of 23 school districts, including all "Big Five" city
school districts (New York City, Buffalo, Rochester, Syracuse and
Yonkers).

* Access to Employee Benefit Accrued Liability Reserve Funds: School
districts would be authorized to withdraw excess funds in an Employee
Benefits Accrued Liability Reserve Fund in order to maintain
educational programming during the 2011-12 school year. The amount
withdrawn could not exceed the Gap Elimination Adjustment for a
school district.

* Claiming Limits: The State's liabilities for School Aid would be
limited to data and claims on file with the State Education
Department by the statutory deadline for the production of the data
set used in developing the Executive Budget.

* School District Charter School Payments: The per pupil charter
school tuition payments made by school districts to charter schools
for the 2011-12 and 2012-13 school years would be maintained at
2010-11 levels.

* County Vocational Education and Extension Boards (CVEEBs):
Reimbursement for CVEEBs would be limited to courses submitted to the
Commissioner of Education for approval on or before July 1, 2010. In
addition, the statute would be clarified to codify the methodology
used by State Education Department to calculate reimbursement. A
statute of limitations would be established to ensure timely
submission of claims.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget including out-year savings.

Effective Date:

This bill takes effect April 1, 2011,except that selected provisions
take effect immediately or on other specified dates.

Part B - Authorize competitive grants to reward school districts with
the most improvement in student performance and/or management
efficiencies.

Purpose:

This bill will incentivize improvement in student performance and
management efficiencies by awarding competitive grants to school

districts with the most improved student achievement and districts
that implement long-term management efficiencies.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

New York's public schools spend more money per pupil than those in any
other state.
Yet, in measures of student performance, New York ranks 40th
nationally in graduation rates and 34th nationally in the percentage
of adults who have a high school diploma or the equivalent. Current
education aid is primarily distributed through formula-based grants
with no performance incentives or requirements.

Last year the federal government began to change this model through
the Race to the Top competition, by awarding competitive grants to
states that demonstrated a cohesive plan to improve student
achievement, as well as those states with the best plans for
accelerating reforms in the future.

On August 24, 2010, the U.S. Department of Education announced that
New York State had been awarded $700 million as a winner of the Race
to the Top competition. As a result school districts across New York
are implementing plans to improve education outcomes and close gaps
in achievement.

To expand on this successful model and bring performance based
education awards to the next level, the Governor provides $500
education award programs: 1) School District Performance Improvement
Awards and 2) School District Management Efficiency Awards.

The parameters of each award program are described below.

School District Performance Improvement Awards Program

By participating in the Race to the Top program, the majority of New
York's school districts made a substantial commitment to partake in
an innovative program to help close the State's achievement gap and
improve student outcomes.

The School District Performance Improvement Awards program builds on
the education reforms being implemented throughout New York. The
performance awards seek to reward school districts that produce the
most improved measureable results in student performance, student
outcomes, high school performance and graduation rates, and college
attendance and retention rates, as well as close the gap in
achievement. The awards will also be available to school districts
that exhibit the greatest potential for continued improvements in
student performance.

Additionally, priority will be given to eligible districts that have
been most successful in implementing innovative and replicable

programs, including models to improve and expand middle school
student performance; college level or early college programs;
college admission; and career and technical education training programs.

The grants will be awarded pursuant to a competitive process and
applications will be reviewed and scored by a peer review panel. In
determining grant award, district size and student enrollment will be
considered, as well as measures of district need.

These performance grants will first be awarded during the 2011-2012
school year.

School District Management Efficiency Awards Program

The School District Management Efficiency Awards Program will reward
school districts that have implemented long-term efficiencies or cost
saving measures in school district management and operations.

Priority will be given to proposals that provide for the
implementation of long term efficiencies, and to efficiencies that
create significant savings while maintaining or improving student
achievement; include the participation of key school district
stakeholders, such as parents and teachers; can be replicated by
other districts; or have the greatest sustainable savings. No award
will be granted to programs that result in additional cost to the
State.

Awards will be administered by the Commissioner of Education subject
to a plan jointly developed with the Secretary of State and approved
by the Director of the Budget. The maximum grant award will reflect
student enrollment and may be adjusted based on measures of district
need. Two or more school districts may jointly apply for shared
services agreements that result in savings.

These efficiency grants will first be awarded during the 2011-2012
school year.

Budget Implications

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget, which Includes a $250 million appropriation for
each grant program.

Effective Date:

This bill takes effect immediately.

Part C - Eliminate the statutory authorization for the New York State
Theatre Institute and provide for the transfer of its rights and
property to the Office of General Services.

Purpose

This bill repeals the New York State Theatre Institute Corporation's
(NYSTI's) enabling legislation and transfers its rights and property
to the Office of General Services (OGS).

As of January 1, 2011, pursuant to actions taken by the NYSTI Board of
Directors, NYSTI operations were suspended and the retrenchment of
its remaining employees was initiated. This bill is necessary to
eliminate NYSTI as a public benefit corporation and ensure orderly
transfer of its remaining assets to the State.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History

The 2010-11 Enacted Budget phased-out State support for NYSTI and
required NYSTI to become a self-supporting organization. Because
NYSTI was unable to generate sufficient off-budget revenue or
identify feasible solutions to become self-sufficient, the NYSTI
Board of Directors suspended NYSTI's operations effective December
31, 2010.

The NYSTI Board of Directors also adopted a resolution on December 22,
2010 to transfer NYSTI's deeds, assets and property to OGS to be held
in escrow until its existence is terminated in law. The transfer was
effective January 1, 2011. As a result, OGS has managed NYSTI's
property and assets since that time.

This bill repeals Article 9 of the Arts and Cultural Affairs Law,
which established NYSTI as a public benefit corporation dedicated to
producing family theatre and providing educational programs to
students. Repeal of Article 9 terminates NYSTI's status as a public
benefit corporation.

This bill also repeals section 97-u of State Finance Law, which
established NYSTI's authority to deposit revenue and funds received
from productions and sale of
concessions into bank accounts. As NYSTI's existence is terminated,
this language is no longer necessary.

Consistent with similar provisions included in NYSTI's enabling
legislation, this bill also authorizes OGS to take possession of any
rights or property formerly held or owned by NYSTI, and upon
enactment, these assets pass to and are vested with the State.

Budget Implications:

This bill is necessary to implement the 2011-12 Executive Budget
because it dissolves NYSTI, and no State support for NYSTI is
included in the 2011-12 Financial Plan.
Absent this bill, the State would continue to incur costs related to
ongoing upkeep and maintenance of NYSTI's real property. Further,
this bill provides resources necessary to satisfy NYSTI's outstanding
liabilities.

Effective Date:

This bill takes effect immediately.

Part D - Enhance flexibility for SUNY and CUNY in the areas of
procurement and participation in public-private partnerships.

Purpose:

This bill would provide enhanced discretion for the State University
of New York (SUNY) ,and the City University of New York (CUNY) in the
areas of procurement, participation in public-private partnerships,
and the lease and transfer of state lands.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History

In June 2008, the Commission on Higher Education submitted its Final
Report of Findings and Recommendations. The Commission recommended
that the regulatory reforms enacted subsequent to the 1985 report of
the Independent Commission on the Future of the State University of
New York should be expanded in scope so that New York's public
universities were better equipped to sustain themselves in an
environment of declining State support, and were better aligned with
the innovative capacity enjoyed by peer public university systems and
institutions in other states. Two specific recommendations of the
Commission involved providing SUNY and CUNY with greater flexibility
in the areas of procurement and public-private partnerships. Such
proposals would be beneficial during times of strong economic growth,
but are essential in this time of financial difficulty, and would
give the universities specific tools to better manage declining State
fiscal support.

This bill includes the following specific provisions:

Sections 1 and 3 of subpart A authorize SUNY to lease real property to
other entities for up to fifty years in support of its educational
purpose, and participate in public-private partnerships that would
benefit SUNY's mission, subject to approval of a newly created State
University Asset Maximization Review Board.

Section 1 further provides that any lease agreement authorized
pursuant to this legislation would be subject to minority and
women-owned business enterprise (MWBE) provisions, prevailing wage
rates, indemnification clauses, reverter clauses and project labor
agreements.

Section 2 of subpart A creates the State University Asset Maximization
Review Board and establishes that arrangements for the lease of real
property and participation in public-private partnerships be
unanimously approved by all voting members of the board--including
representation from the Executive, Assembly and Senate. The board

will also include representation from the State Comptroller, Attorney
General, president of the AFL-CIO and the director of the Division of
Minority and Women-Owned Business Enterprises (MWBE).

Section 2 of subpart A further establishes the action and timeline for
which the board shall adhere with regards to voting.

Sections 4 and 5 of subpart A broaden the abilities of the State
University Construction Fund (SUCF) to implement capital projects
through alternative construction delivery methods and streamlined
procurement guidelines, which must substantially conform to those
applicable to existing public authorities.

Sections 6 and 7 of subpart A authorize the construction and financing
by the Dormitory Authority of the State of New York (DASNY) of
facilities for the benefit of SUNY's State'" operated and community
colleges by not-for-profit entities associated with the State
University, provided that the associated projects are subject to
prevailing wage, MWBE, and competitive process requirements.

Sections 8 and 9 of subpart A authorize DASNY to construct and finance
dormitories 011 behalf of community colleges, and requires community
colleges to assume full financial responsibility for the cost of the
projects.

Section 10 of subpart A allows SUNY to lease facilities within Albany
County directly, rather than requiring the Office of General
Services (OGS) to act on its behalf.

Sections 1,2,3,4 and 6 of subpart B remove provisions of law
subjecting SUNY and CUNY to pre-approval of contracts by the Office
of the State Comptroller (OSC) in order to streamline the procurement
of goods and services, while maintaining provisions requiring the
post-audit of such contracts by OSC. Also, sections 2 and 4
promulgate new protocol and reporting requirements to gauge the
efficacy of the aforementioned action.

Section 5 of subpart B authorizes streamlined procurement guidelines
for the City University Construction Fund (CUCF), which must
substantially conform to those applicable to existing public
authorities.

Section 7 of subpart B allows post-audit in lieu of pre-audit
requirements for Attorney General approval of leases between SUNY and
its alumni associations in support of dormitory projects.

Section 8 of subpart B codifies in law, the ability of CUCF and DASNY
to implement capital projects through alternative construction
delivery mechanisms, other than "design, bid, build".

Subpart C allows for expansion of State University hospital
participation in managed care networks and other joint and

cooperative health care arrangements without preapproval from any
State entity, and conforms procurement guidelines of SUNY's health
care facilities to those of the SUNY campuses, as prescribed in this
bill.

Subpart D prescribes reporting requirements by the universities that
detail the effectiveness of the provisions of this bill.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget, as it will provide SUNY and CUNY with the ability to more
efficiently and effectively manage recommended reductions of State
support.

Effective Date:

The provisions of this bill would be effective immediately upon
enactment, and would expire and be deemed repealed June 30, 2016.

Part E - Reduce the maximum TAP award for students matriculated in
certain two-year degree programs to $4,000.

Purpose:

This bill continues provisions from the FY 2010-11 budget that set the
maximum TAP award for students matriculated in certain two-year
degree programs at $4,000.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

This bill continues the maximum TAP award for students matriculated in
certain two year degree programs at $4,000, and adjusts the overall
award schedule accordingly.

The highest tuition rate currently being charged at a New York public
community college is $3,890 and the average rate is $3,521. As a
result, the maximum TAP award proposed in this bill would still cover
the entire cost of tuition at public community colleges.
Additionally, students enrolled in a program of study leading to a
certificate or degree in nursing as well as students currently
matriculated in two-year degree programs at institutions which also
offer baccalaureate and graduate degrees would remain on the current
schedule that has a $5,000 maximum TAP award.

A bill to lower the maximum TAP award for students in certain
two-year degree programs from $5000 to $4000 was advanced with the
2010-11 Executive Budget.
Similar provisions were enacted through appropriation language for a
one-year period.
This bill would amend the Education Law to include such a limitation.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget, which assumes savings of $11.2 million in 2011-12 and $16.0
million in savings on a recurring basis annually thereafter.

Effective Date:

This bill takes effect July 1, 2011.

Part F - Include pension and annuity income for Tuition Assistance
Program eligibility determinations.

Purpose:

This bill continues a provision from the FY 2010-11 Budget that
provides that the calculation of income for purposes of the Tuition
Assistance Program (TAP) shall include private pension and annuity
income not subject to State taxation.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

Currently, for private pensioners aged 59% and older, the first
$20,000 of pension and annuity income is excluded for purposes of
calculating TAP. This bill continues from FY 2010-11 the treatment of
private pension and annuity income in the same manner as that of
public pension income, by requiring that pension income from any and
all sources be counted as income for purposes of calculating TAP
award levels.

This measure was enacted in the FY 2010-11 Executive Budget through
appropriation language for a one-year period.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget, which assumes savings of $4.2 million in 2011-12 and $6.0
million in savings on a recurring basis annually thereafter.

Effective Date:

This bill takes effect July 1, 2011.

Part G - Amend the eligibility requirements for the Tuition Assistance
Program (TAP) related to students in default on certain student loans.

Purpose:

This bill modifies the award eligibility criteria for the Tuition
Assistance Program (TAP) to create parity in the treatment of

students in default on New York State and Federal loans, regardless
of guarantor.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

The Federal Department of Education enters into agreements with state
or private nonprofit entities to serve as guarantors on student
loans, and also provides loans directly to students without using a
guarantor. The New York State Higher Education Services Corporation
(HESC) is such a guarantor and has the largest share of New York
State's guaranteed student loan market. Under current law, students
in default on loans guaranteed by HESC are ineligible for TAP awards,
while students in default on other student loans remain eligible for
TAP. This bill creates parity by amending Section 661 of the
Education Law to eliminate TAP eligibility for all students who are
in default on any New York State or Federal student loan, regardless
of whether or not the loan is guaranteed by HESC.

This proposal was advanced with the 2010-11 Executive Budget and was
enacted through appropriation language for a one-year period.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget, which assumes savings of $3.6 million-in 2011-12 and $5.2
million in savings on a recurring basis annually thereafter.

Effective Date:

This bill takes effect July 1, 2011.

Part H - Continue Tuition Assistance Award (TAP) schedule for students
who are married with no children.

Purpose:

This bill continues the Tuition Assistance Award (TAP) schedule for
students who are married with no children currently in effect for FY
2010-11.

Statement in Support. Summary of Provisions, Existing Law, and
Prior Legislative History:

Currently, students who are married with no children are on a more
generous TAP award schedule than single adults with no children. This
bill continues from FY 2010-11 the TAP award schedule that decreases
the maximum award for independent students who are married without
children from $5,000 to $3,025, which is consistent with the award
provided to single adults with no children. Approximately 6,500
students are expected to be impacted by this proposal, resulting in
an average award reduction of about $1,200.

This proposal was advanced with the 2010-11 Executive Budget and was
enacted through appropriation language for a one-year period.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget, which assumes savings of $5.4 million in 2011-12 and annual
savings of $7.8 million when fully effective.

Effective Date:

This bill takes effect July 1, 2011.

Part I - Increase academic standards for non-remedial Tuition
Assistance Program (TAP) recipients.

Purpose:

This bill maintains the minimum academic standards required for
non-remedial students to maintain Tuition Assistance Program (TAP)
eligibility.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

This bill maintains the minimum academic standards required for
non-remedial students to be eligible for TAP. Students whose scores
on a recognized college placement exam or nationally recognized
standardized exam indicate the need for remediation, as certified by
the appropriate college official and approved by the Commissioner of
Education, and who are enrolled in up to nine remedial courses in
their first term, and up to six remedial courses in subsequent terms,
will remain on the current academic standards and TAP eligibility
schedules. Students enrolled in the higher education opportunity
program (HEOP), the education opportunity program (EOP), the search
for education. elevation and knowledge (SEEK) program, or the college
discovery program will also remain on the current schedules. All
other TAP recipients who first received an award starting in the
2010-11 academic year and thereafter are placed on a more stringent
academic standards schedule that will require them to earn a minimum
of 15 credits and a 1.8 GPA by the end of their second semester of
study. Similar requirements are established for students attending
programs organized on a trimester basis. This proposal will impact
approximately 2,100 TAP recipients currently
receiving an average award of about $3,000.

Similar provisions were advanced with the 2010-11 Executive Budget and
enacted through appropriation language for a one-year period.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget, which assumes savings of $4.4 million in 2011-12 and annual
savings of $8.9 million when fully effective.

Effective Date:

This bill takes effect July 1, 2011.

Part J - Eliminate Tuition Assistance Program (TAP) eligibility for
graduate students.

Purpose:

This bill continues the provision enacted in the 2010-11 budget that
renders graduate students ineligible for the tuition assistance
program (TAP).

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

The 2010-11 budget eliminated TAP eligibility for graduate students
for a period of one year through appropriation language. This
proposal makes this provision permanent.
Graduate students are typically eligible for institutionally-supported
fellowships and assistantships to help defray the cost of attendance.
Moreover, in light of the State fiscal situation, continuing the
elimination of graduate TAP awards would help minimize the reductions
necessary to TAP awards for undergraduate students.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget, which assumes savings of $2.0 million in 2011-12 and annual
savings of $2.8 million when fully effective.

Effective Date:

This bill takes effect July 1, 2011.

Part K - Extend the Regents Physician Loan Forgiveness Program until
the end of the 2015-16 school year.

Purpose:

This bill extends the Regents Physician Loan Forgiveness Program until
the end of the 2015-16 school year.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

The Regents Physician Loan Forgiveness Program provides annual awards
of $10,000 for a period of 2 years to physicians who are serving in

high need areas of New York State. Statutory authorization for the
Regents Physician Loan Forgiveness Program expired June 30, 2009.
This proposal extends authorization for this Program through the
2015-16 school year, which will provide the necessary statutory
authority for the continuation of the program and fulfill prior year
obligations to individuals who are carrying out their service
requirements associated with the program.

This Program provides up to 80 new awards annually.

A proposal to provide statutory authorization to continue this Program
was advanced in the 2010-11 Executive Budget, but not enacted.

Budget Implications:

Enactment of this bill is expected to cost $3.9 million in 2011-12 and
$1.6 million annually when fully effective.

Effective Date:

This bill takes effect immediately and shall be deemed to have been in
full force and effect on the same date and in the same manner as part
I of Chapter 57 of the laws of 2008.

Part L - Extend Patricia K. McGee Nursing Faculty Scholarship and the
Nursing Faculty Loan Forgiveness Incentive programs until June 30, 2016.

Purpose:

This bill extends the Patricia K. McGee Nursing Faculty Scholarship
and the Nursing Faculty Loan Forgiveness Incentive programs until
June 30, 2016.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

Statutory authorization for the Patricia K. McGee Nursing Faculty
Scholarship and the Nursing Faculty Loan Forgiveness Incentive
programs expired June 30, 2010. This proposal extends authorization
for these programs through June 30, 2016, which would provide the
necessary statutory authority to continue these programs, and fulfill
prior year obligations to individuals who are carrying out their
service requirements associated with the programs. The McGee Nursing
Faculty Scholarship Program pays for the cost of attendance up to
$20,000 for individuals who enroll in a masters or doctoral program
and agree to teach in a clinical or faculty position in the field of
nursing. The Nursing Faculty Loan Forgiveness Program provides up to
$8,000 per year for individuals who provide classroom or clinical
instruction in nursing.

A proposal to provide statutory authorization to continue these
programs through June 30, 2015 was advanced in the 2010-11 Executive
Budget, but not enacted.

Budget Implications:

Enactment of this bill is expected to cost $3.8 million in 2011-12 and
$2.6 million annually when fully effective.

Effective Date:

This bill takes effect immediately.

Part M - Extend the Regents Licensed Social Worker Loan Forgiveness
Program until June 30, 2016.

Purpose:

This bill extends the Regents Licensed Social Worker Loan Forgiveness
Program until June 30, 2016.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

Statutory authorization for the Regents licensed Social Worker Loan
Forgiveness Program is set to expire June 30, 2011. This proposal
extends authorization for this Program through June 30, 2016. The
Regents Social Worker Loan Forgiveness Program encourages
professional social workers with outstanding student loans to accept
and continue employment in mission critical human service areas of
health, mental health, substance abuse, aging, HIV/AIDS and child
welfare by providing them with up to $6,500 per year for a period of
up to four years.

Budget Implications:

The State Financial Plan currently takes the extension of this program
into account;
therefore, this bill has no fiscal implications. Estimated SFY 2011-12
spending for the Regents Licensed Social Worker Loan Forgiveness
Program is $978,000.

Effective Date:

This bill takes effect immediately.

Part N - Establish STAR Program Cost Containment Measures.

Purpose:

This bill makes the STAR program more cost-effective.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

This proposal enables the State to continue offering broad-based tax
relief under the STAR program by implementing important
cost-containment reforms. In particular, the bill (1) caps the
maximum tax benefit in each school district or "portion" thereof at 2
percent above of the tax benefit that was applicable therein for the
prior school year, and (2) creates a mechanism by which property
owners may renounce and repay (with interest and a $500 processing
fee) any previously-granted property tax exemptions (including, but
not limited to STAR) to which they now acknowledge they were not
entitled (for example, where they own two homes in New York and have
been improperly receiving STAR on both, or where they own homes both
in New York and Florida and have been improperly receiving STAR on
the first and the Florida Homestead Exemption on the second). Those
who undertake such renunciation and repayment would be exempt from
sanctions that otherwise could be imposed. Providing this process
would encourage individuals to come into legal compliance, ,and
reduce the number of individuals improperly receiving tax exemptions.

In addition, the bill authorizes the Commissioner of Taxation and
Finance to adopt by regulation a uniform statewide system of parcel
identification numbers and a uniform statewide assessment calendar,
to be effective no sooner than January 1, 2013. This will facilitate
the matching of taxpayer ID numbers to parcel ID numbers by the
Department for purposes of administering the new $500,000 income
limit for Basic STAR.

The STAR program now costs the State over $3 billion each year. Its
costs are growing annually at a time when the State can least afford
it. These reforms will bring these costs under control while making
the Program work more fairly and effectively.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget.
Establishing these STAR program cost containment measures would reduce
General Fund spending by $125 million in SFY 2011-12.

Effective Date:

This bill takes effect immediately.

Part 0 - Better align Committee on Special Education (CSE) maintenance
cost shares.

Purpose:

This bill realigns the State share of maintenance costs for children
placed in a residential school by a school district's Committee on
Special Education (CSE) to the placing school district.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

The Office of Children and Family Services (OCFS) is charged with
overseeing the maintenance (room and board) costs of students who
are placed in residential schools by a CSE when the child's needs
cannot be met in the school district. Currently, the
maintenance cost shares are split as follows: 36.8 percent to the
State, 43.2 percent to the local social services district and 20
percent to the school district.
This bill adjusts this allocation of costs so that the school
district cost share will be 56.8 percent, and the State will no
longer bear such maintenance costs. Educational determinations that
result in residential placements are made by a school district's CSE.
The cost share change made by the bill would better align fiscal
responsibilities with the entity that makes the placement decisions.
It would also incentivize school districts to find more effective and
less costly ways to better serve these children in their schools and
community.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget, which assumes a $69.3 million General Fund savings.

Effective Date:

This bill takes effect January 1, 2011.

Part P - Establish the Primary Prevention Incentive Program.

Purpose:

Establish a Primary Prevention Incentive Program to provide funding to
prevent out of home placements and to reduce juvenile delinquency.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

Currently, there are various contract programs and county allocations
that provide front end prevention services to prevent juvenile
delinquency and placements in foster care.
These programs include the Healthy Families New York Home Visiting
Program, Hoyt Trust Fund (Family Violence Prevention), Kinship
Contract Program, Community Optional Preventive Services, Youth
Development and Delinquency Prevention, Special Delinquency
Prevention Program, Runaway Homeless Youth Act, Child Protective
Caseworker Caseload Ratio Funding, and Settlement Houses. This bill

would restructure the allocation of moneys supporting such programs
by creating a new Primary Prevention Incentive Program.

This proposal would reinvest 50 percent of the savings from this
restructuring to support statewide front-end prevention services.
Funding to local districts would support outcome-based preventive
programs to mitigate the need for more costly services in the child
welfare and juvenile justice systems by preventing placements in
foster care and combating juvenile delinquency.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget, which assumes $35.4 million in General Fund savings.

Effective Date:

This bill takes effect On July 1, 2011.

Part Q - Establish Juvenile Justice Reforms.

Purpose:

This bill reforms the State's juvenile justice system by: 1)
rightsizing the State's youth facility system; 2) reducing placements
of low risk youth into both local detention centers and Office of
Children and Family Service (OCFS) facilities; and 3) investing in
performance-focused and community-based supervision and treatment
programs for juveniles.

Statement in Support, Summary of Provisions, Existing Law and
Prior Legislative History:

OCFS currently pays 50 percent of costs associated with residential
placements in OCFS facilities for youth sentenced for committing
crimes prior to their 16th birthday that would be criminal if
committed by an adult. OCFS also supports 49 percent of costs
associated with operating local secure and non-secure detention
centers. In addition, OCFS supports aftercare services and provides
funding through allocations to local social services districts and
direct contracts with not-for-profit organizations for programs
that act as an alternative to detention and OCFS residential placement.

The current residential programs are expensive and ineffective, as is
shown by recidivism rates in excess of 80 percent. Research
indicates that youth are better served in less expensive,
community-based programs that allow them to remain in their homes
while receiving services necessary to help them lead lives as
productive, law abiding citizens. As a result of youth being diverted
into community-based settings, OCFS has experienced a significant
decline in placements in facilities (65 percent decline between 2001
and 2009). Currently, OCFS facilities are operating at 50 percent

capacity, resulting in exorbitant excess costs to both the State and
local governments.

This bill allows for reform in the State's juvenile justice system by
rightsizing the State's youth facility system, reducing placements of
low risk youth into both local detention centers and OCFS facilities,
and investing in performance-focused and community based supervision
and treatment programs for juveniles.

To achieve these reforms, this bill does the following:

* eliminates the current requirement that OCFS provide 12-months
notice prior to instituting significant service reductions, public
employee staffing reductions or the transfer of operations to a
private or not-for-profit entity (effective April 1, 2011);

* eliminates the current open-ended 49 percent reimbursement for local
secure and non-secure detention and in its place creates a capped
appropriation to support 50 percent of costs associated with local
secure and non-secure detention. In addition, the bill eliminates
Person In Need of Supervision (PINS) placements into local detention.
As of January 1, 2012, these funds will only support youth who have
been designated as high risk, as determined by a risk assessment
instrument approved by OCFS (effective July 1, 2011); and

* creates the Supervision and Treatment Services for Juveniles
Program, in which OCFS will provide 62 percent reimbursement to
eligible municipalities and New York City for services to divert
youth at risk of, alleged to be, or adjudicated as juvenile
delinquents from placement in detention or in residential care
(effective July 1, 2011).

In 2009-10, the 12-month notification requirement was waived for one
year to close certain facilities.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget. The net savings is $13.6 million in 2011-12 and
$24.6 million in 2012-13, which is broken down as follows:

* Rightsizing the capacity of OCFS facilities including elimination of
the 12-month notification requirement (2011-12: $21.8 million
savings; 2012-13: $21.8 million savings).

* Eliminating the open-ended 49 percent funding for secure and
non-secure detention (2011-12: $38.2 million savings; 2012-13: $81.1
million savings).

* Creating a capped funding stream for detention for high risk youth
(2011-12: $15 million cost; 2012-13: $30 million cost).

* Creating the Supervision and Treatment Services for Juveniles
Program (201112: $31.4 million cost; 2012-13: $48.3 million cost).

Effective Date:

Provisions are effective on various dates, as indicated above.

Part R - Modify the fee structure for Statewide Central Registry (SCR)
clearance checks.

Purpose:

This bill increases or imposes fees on certain individuals to help
cover the costs of conducting Statewide Central Registry (SCR)
clearance checks.

Statement in Support, Summary of Provisions, Existing Law and
Prior Legislative History:

The SCR receives calls alleging child abuse and maltreatment and
maintains records of all persons who have been the subject of child
abuse investigations. State Law requires that individuals who work
alone with children receive clearance checks through the SCR
database. However, the current fee structure does not support the per
clearance check cost of approximately $60 that the Office of Children
and Family Services (OCFS) incurs for meeting this requirement. This
bill amends Social Services Law ยง 424-a by increasing the fee from $5
to $60 for individuals who currently pay for clearances through the
SCR. It also imposes a $60 fee on certain individuals who are
currently exempt from the fee.

Under existing law, prospective OCFS employees, and employees of the
following institutions and types of organizations must pay a $5 fee
for an SCR clearance: runaway and homeless youth shelters and
programs certified by OCFS; residential schools operated by the State
Education Department; early intervention programs;
preschool services; Office of Alcoholism and Substance Abuse Services
(OASAS) programs and facilities; residential facilities and
non-facilities programs under the Office of Mental Health (OMH) and
the Office for People with Developmental Disabilities (OPWDD);
residential facilities under OCFS; and applicants of safe houses for
children's programs.

Currently, applicants to become a child day care provider, and
applicants for employment with such a provider do not pay a fee for
an SCR clearance. This bill imposes a $60 fee on both individuals
requiring a clearance for becoming a child day care provider and
applicants for employment with such a provider.

A $25 fee was proposed in the 2009-10 Executive Budget, but it was not
enacted.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget. New and increased fees will result in $11.9 million in
revenue in 2011-12 that will support costs currently paid with
General Fund dollars.

Effective Date:

This bill takes effect April 1, 2011.

Part S - Authorize the pass-through of any Federal Social Security
Income (551) Cost of living Adjustment which becomes effective on or
after January 1, 2012.

Purpose:

To authorize SSI benefits to be increased in 2012 by the percentage of
any Federal SSI Cost of living Adjustment (COLA).

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

Sections 131-o and 209 of the Social Services Law establish specific
amounts for the monthly Personal Needs Allowance (PNA) and the
monthly SSI standard of need (the maximum combined federal and State
benefit) for recipients in various living arrangements. This bill
amends those sections of law to set forth the actual 2011 PNA amounts
and the standard of need for eligibility and payment of additional
State payments. It also authorizes those amounts to be automatically
increased in 2012 by the percentage of any federal SSI COLA which
becomes effective within the first half of calendar year 2012.

Legislation to effectuate the federal SSI COLA has been enacted
annually since 1984.

Budget Implications:

If the pass-through of the federal SSI COLA is not authorized in State
statute, there will be no statutory authority to provide SSI
recipients with the full amount of any federal increase plus a State
supplement at the current level. The State supplements would be
automatically reduced to reflect the current standards of need set
forth in the SSL.

Effective Date:

This act shall take effect December 31, 2011.

Part T - Strengthen compliance with Public Assistance Work Requirements.

Purpose:

This bill encourages public assistance recipients to comply with
employment requirements by withholding the public assistance grant
of a household when the head of household does not engage in eligible
work activities.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

Under current State law, public assistance benefit payments to
households in which the head of household is out of compliance with
work requirements are reduced by the portion of the grant
attributable to the head of household. As such, if the head of a
three-person household does not comply with work requirements, the
household still receives two-thirds of the monthly public assistance
grant. This partial sanction policy remains effective until
compliance and is also durational; therefore, the greater the
instances of non-compliance, the longer the period of benefit
reduction.

Current statute also requires local social services districts to
notify those households at risk of a partial sanction of their right
to a conciliation process whereby "good cause" for non-compliance may
be established.

This bill:

* Compels local social services districts to make a second attempt to
contact households with dependent children who do not respond to the
first conciliation notice;

* Includes in the conciliation notice an explanation of the benefits
of compliance and makes the conciliation process consistent for all
public assistance recipients regardless of the length of stay on
assistance;

* Withholds the entire monthly public assistance grant in the second
instance of non-compliance with work requirements until such time of
compliance; and

* Applies the full sanction in the third and subsequent instances of
non-compliance for a minimum of six months - with households that
comply during this period receiving a partial grant for the duration
of the sanction period.

* Mandates a report on the implication of the full family sanction
policy by December 31, 2012.

Implementation of a full family sanction policy will remove the
current disincentive to work that allows recipients to receive a
reduced benefit regardless of the duration of their non-compliance
and it will end payments to those currently sanctioned households

that may have alternate sources of income and use the reduced benefit
as supplemental income.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget, which assumes $7.4 million in General Fund savings.

Effective Date:

This bill takes effect on October 1, 2011.

Part U - Delay the scheduled Public Assistance Grant increase.

Purpose

This bill delays the scheduled 2011 ten percent increase to the
non-shelter portion of the public assistance grant.

Statement in Support, Summary of Provisions. Existing Law, and
Prior Legislative History:

The public assistance benefit is comprised of a shelter and
non-shelter portion. The shelter portion varies based on family
composition and county of residence. The non-shelter portion varies
based on family composition and is comprised of a basic allowance, a
home energy allowance and a supplemental home energy allowance.

The enacted 2009-2010 budget included a ten percent increase to the
non-shelter portion of the public assistance grant for three
consecutive years. The first two increases were implemented in July
2009 and July 2010 and raised the monthly non-shelter portion of the
grant from $291 to $353 for the average public assistance household.
The third and last increase was scheduled for July 2011 and would
increase the monthly non-shelter portion of the grant to $388 for
approximately 240,000 households. This bill would delay the increase
until July 2012.

This bill:

* Delays the planned July 2011 increase to the non-shelter portion of
the grant by amending paragraphs (a.-2) and (a-3) of subdivision 3 of
section 131-a of the Social Services law; and

* Maintains the current income threshold used to determine public
assistance eligibility by amending paragraphs (a-2) and (a-3) of
subdivision 2 of section 131a of the Social Services Law - the income
threshold must always align with the amount of the non-shelter
portion of the public assistance grant.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget, which assumes $29.3 million in General Fund savings.

Effective Date:

This bill takes effect immediately and shall be deemed to have been in
full force and effect on and after April 1, 2011.

Part V - Consolidate the Neighborhood Preservation Program and Rural
Preservation Program into a single, competitive, performance-based
program.

Purpose:

This bill restructures the Neighborhood Preservation Program (NPP) and
Rural Preservation Program (RPP) into a single, competitive,
performance based program.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

This bill repeals Articles 16 and 17 of the Private Housing Finance
Law (PHFL) that establishes the Neighborhood Preservation Program and
the Rural Preservation Program and creates a new Article 27 to
establish a new Neighborhood and Rural Preservation Program.

Under current law, the Division of Housing and Community Renewal
(DHCR) provides financial support to approximately 200 not-for-profit
community-based housing corporations across the State. These
corporations provide various housing related services to communities
and are required to serve areas with significant unmet housing needs
for low- and moderate- income populations. The proposed single
program would support the same housing and community renewal

Under the new program, funds will be awarded pursuant to a competitive
solicitation, and based upon achievement of performance standards
established by the Commissioner of DHCR. The bill raises the cap on
payments to be made under contracts pursuant to this program to
$600,000 per year. The bill also authorizes more than one corporation
to file a joint application for funding.

Budget Implications:

In addition to the reform of the NPP and RPP programs, the 2011-12
Executive Budget recommends a consolidation of the funding for the
NPP and RPP programs into a single appropriation. The proposal
includes a 60 percent reduction in funding for the NPP and RPP
programs, from $12 million in 2010-11 to $6 million in 2011-12.

Effective Date:

This bill takes effect July 1, 2011.

Part W - Make permanent the Unemployment Insurance (UI) Interest
Assessment Surcharge.

Purpose:

This bill makes permanent the statutory authorization for the
Department of Labor (DOL) to assess a surcharge on employers for
payment of interest due on Unemployment Insurance (UI) benefit loans
from the Federal government.

Statement in Support, Summary of Provisions, Existing Law and
Prior Legislative History:

This bill permanently extends current statutory authorization to
collect a UI interest assessment surcharge from employers in order to
pay interest on federal loans taken to support the UI benefit program
and ensure UI Trust Fund solvency. The UI Trust Fund currently has
outstanding loans for which the State is expected to be required to
begin interest payments in October, 2011.

This bill eliminates the expiration date of sections 30 and 31 of
Chapter 62 of the Laws of 2003. Section 30 establishes the interest
assessment surcharge fund in order to receive these assessed
surcharges from DOL. Section 31 authorizes DOL to collect a surcharge
from employers for the purpose of paying interest on UI benefit loans
from the Federal government. These provisions have been extended
since 2006. Given that the surcharge authorized by the statute is
necessary to ensure repayment of UI benefit loans, there is no
purpose in requiring the annual renewal of this provision.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget. If New York State is required to make federal interest
payments and there is no mechanism in place to assess employers for
this cost, the State could incur General Fund liabilities, which are
not assumed in the Executive Budget, or face federal sanctions.

Effective Date:

This bill takes effect immediately.

The provisions of this act shall take effect immediately, provided,
however, that the applicable effective date of each part of this act
shall be as specifically set forth in the last section of such part.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2808                                                  A. 4008

                      S E N A T E - A S S E M B L Y

                            February 1, 2011
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee on Ways and Means

AN  ACT  to  amend the education law, in relation to contracts of excel-
  lence, library funding, reimbursement of school districts,  electronic
  format  materials  and reporting requirements, apportionment of school
  aid, building aid, foundation aid base, apportionment  of  school  aid
  and of current year approved expenditures for debt service, apportion-
  ment  of transportation aid, academic enhancement aid, incentive oper-
  ating aid for reorganized districts, high tax aid, Medicaid reimburse-
  ment,  gap  elimination  adjustment,   school   district   performance
  incentive  grants,  grants,  maximum  class  size;  to amend the state
  finance law, in relation to base grant; to amend chapter  756  of  the
  laws  of  1992  relating to funding a program for work force education
  conducted by the consortium for worker education in New York city,  in
  relation to apportionment and reimbursement; in relation to the appor-
  tionment  of funds to the education jobs fund; to amend chapter 169 of
  the laws of 1994 relating to certain provisions related to the 1994-95
  state operations, aid to localities, capital projects and debt service
  budgets, chapter 82 of the laws of 1995, amending  the  education  law
  and  certain  other laws relating to state aid to school districts and
  the appropriation of funds for the support of government, chapter  386
  of  the  laws of 1996 amending the education law relating to providing
  for a waiver allowing state aid in certain circumstances, chapter  472
  of  the  laws of 1998 amending the education law relating to the lease
  of school buses by school districts, chapter 147 of the laws  of  2001
  amending  the  education  law  relating  to conditional appointment of
  school district, charter school or BOCES employees, chapter 425 of the
  laws of 2002 amending the education law relating to the  provision  of
  supplemental  educational services, attendance at a safe public school
  and the suspension of pupils who bring  a  firearm  to  or  possess  a
  firearm  at  a  school,  chapter  101 of the laws of 2003 amending the
  education law relating to implementation of the No Child  Left  Behind

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12572-01-1

S. 2808                             2                            A. 4008

  Act of 2001, chapter 57 of the laws of 2008 amending the education law
  relating  to  the  universal  pre-kindergarten program, in relation to
  school aid and extending the expiration of certain provisions of  such
  chapters;  to  amend  chapter 665 of the laws of 1963, relating to the
  human resources school, in relation to changing such name to the Henry
  Viscardi school; to amend the public authorities law, in  relation  to
  approved  non-profit  schools for the deaf and blind or other students
  with disabilities, in relation  to  school  bus  driver  training;  in
  relation to the support of public libraries; to provide special appor-
  tionment  for  salary  expenses;  to provide special apportionment for
  public pension expenses;  in  relation  to  suballocation  of  certain
  education  department  accruals;  in relation to purchases by the city
  school district of Rochester; to repeal section 23 of chapter  169  of
  the  laws of 1994, relating to certain provisions related to the 1994-
  95 state operations, aid to  localities,  capital  projects  and  debt
  service  budgets,  in relation to the effectiveness thereof; to repeal
  certain provisions of the education law, in relation to instruction of
  the deaf and blind; and providing for the repeal of section 86 of this
  act on March 31, 2012 when upon  such  date  the  provisions  of  such
  section shall be deemed repealed (Part A); to amend the education law,
  in  relation  to  the  school  district  management  efficiency awards
  program and school district performance improvement awards grant (Part
  B); to repeal article 9 of the  arts and cultural affairs law relating
  to the New York state theatre institute corporation and  section  97-u
  of  state finance law relating to the New York state theatre institute
  corporation fund, and to establish procedures  for  the  transfer  and
  ownership  of  rights  and  real property currently held by the entity
  formerly referred to as the New York state theatre institute (Part C);
  to amend the education law, the public authorities law and the  public
  buildings  law,  in  relation  to capital facilities in support of the
  state university and community colleges; and providing for the  repeal
  of  certain  provisions  upon expiration thereof (Subpart A); to amend
  the education law and the state finance law, in relation  to  procure-
  ment  in support of the state and city universities; and providing for
  the repeal of such provisions upon expiration thereof (Subpart B);  to
  amend  the  education law, in relation to state university health care
  facilities; and providing for the repeal of such provisions upon expi-
  ration thereof (Subpart C); and to enact  certain  reporting  require-
  ments; and providing for the repeal of such provisions upon expiration
  thereof  (Subpart D) (Part D); to amend the education law, in relation
  to tuition assistance program award determinations (Part E); to  amend
  the  education  law, in relation to income as a determinate of tuition
  assistance awards (Part F); to amend the education law, in relation to
  restrictions   on eligibility to receive  awards  and  loans;  and  to
  repeal  certain  provisions  of such law relating thereto (Part G); to
  amend the education law, in relation  to  tuition  assistance  program
  awards  (Part  H);  to  amend  the  education law, in relation to good
  academic standing requirements (Part I); to amend the  education  law,
  in  relation  to tuition assistance program awards for graduate school
  students; and to repeal certain provisions of such law relating there-
  to (Part J); to amend chapter 31 of the laws  of  1985,  amending  the
  education law relating to regents scholarships in certain professions,
  in  relation  to  the  physician loan forgiveness program (Part K); to
  amend chapter 57 of the laws of 2005 amending the education law relat-
  ing to the New York state nursing faculty loan  forgiveness  incentive
  program and the New York state nursing faculty scholarship program, in

S. 2808                             3                            A. 4008

  relation  to  the effectiveness thereof (Part L); to amend chapter 161
  of the laws of 2005, amending the education law and other laws  relat-
  ing  to the social worker loan forgiveness program, in relation to the
  effectiveness thereof (Part M); to amend the real property tax law and
  the  tax  law,  in relation to containing the cost of the STAR program
  and  allowing  the  renunciation  of  STAR  and  other  property   tax
  exemptions  (Part N); to amend the education law, in relation to main-
  tenance costs for students with disabilities placed in  a  residential
  school  under article 89 of the education law; and to amend the social
  services law, in relation to expenditures by social services districts
  for children in residential schools (Part  O);  to  amend  the  social
  services  law  and  the  executive  law, in relation to establishing a
  primary prevention incentive program; to amend the executive  law,  in
  relation  to delinquent and runaway youths; to repeal subdivision 3 of
  section 409-a of  the  social  services  law,  relating  to  community
  optional preventive services; and to repeal article 10-A of the social
  services  law,  relating  to the William B. Hoyt memorial children and
  family trust (Part P); to amend the  executive  law,  in  relation  to
  prior notice for closure of facilities operated by the office of chil-
  dren and family services; and to repeal certain provisions of such law
  relating  thereto  (Subpart  A);  and  to amend the executive law, the
  family court act, the social services  law  and  the  county  law,  in
  relation  to funding and utilization of juvenile detention and funding
  for supervision and treatment services; to repeal subdivisions 7 and 8
  of section 530 of the executive law, relating to  state  operation  of
  juvenile  detention  and  approval of new juvenile detention capacity;
  and to repeal certain provisions of article 7 of the family court  act
  and subdivision 12 of section 153 of the social services law, relating
  to  the  use  of detention for persons alleged or adjudicated to be in
  need of supervision (Subpart B) (Part Q); to amend the social services
  law, in relation to the fee charged for clearances from the  statewide
  central register of child abuse or maltreatment (Part R); to amend the
  social services law, in relation to increasing the standards of month-
  ly  need  for  aged, blind and disabled persons (Part S); to amend the
  social services law, in relation to sanctions imposed  for  noncompli-
  ance  with  public assistance work requirements; and to repeal certain
  provisions of such law relating thereto and providing for  the  repeal
  of  such  provisions  upon  expiration  thereof (Part T); to amend the
  social services law, in relation to the standards of monthly need  for
  persons in receipt of public assistance (Part U); to amend the private
  housing finance law, in relation to the neighborhood and rural preser-
  vation  program  and to repeal articles 16 and 17 of such law relating
  thereto (Part V); and to amend chapter 62 of the laws of 2003 amending
  the state finance law and  other  laws  relating  to  authorizing  and
  directing  the  state  comptroller  to loan money to certain funds and
  accounts, in relation to extending the interest  assessment  surcharge
  fund (Part W)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2011-2012
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through W. The effective date for each  particular

S. 2808                             4                            A. 4008

provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as added by section 2-a of part A of chapter 57 of the laws of
2009, is amended to read as follows:
  e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
district  that  submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for  excel-
lence  for  the  two  thousand  nine--two  thousand  ten  school year in
conformity with the requirements of subparagraph (vi) of paragraph a  of
subdivision  two  of this section unless all schools in the district are
identified as in good standing  AND  PROVIDED  FURTHER  THAT,  A  SCHOOL
DISTRICT  THAT  SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
NINE--TWO THOUSAND TEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN  THE  DISTRICT
ARE  IDENTIFIED  AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCEL-
LENCE FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR WHICH
SHALL, NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH  (VI)  OF  PARA-
GRAPH  A OF SUBDIVISION TWO OF THIS SECTION, PROVIDE FOR THE EXPENDITURE
OF AN AMOUNT WHICH SHALL BE NOT LESS THAN  THE  PRODUCT  OF  THE  AMOUNT
APPROVED  BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO
THOUSAND  NINE--TWO  THOUSAND  TEN  SCHOOL  YEAR,  MULTIPLIED   BY   THE
DISTRICT'S  GAP  ELIMINATION ADJUSTMENT PERCENTAGE. FOR PURPOSES OF THIS
PARAGRAPH, THE "GAP ELIMINATION ADJUSTMENT PERCENTAGE" SHALL  BE  CALCU-
LATED  AS THE SUM OF ONE MINUS THE QUOTIENT OF THE SCHOOL DISTRICT'S GAP
ELIMINATION ADJUSTMENT FOR TWO THOUSAND ELEVEN--TWO THOUSAND  TWELVE  AS
COMPUTED  PURSUANT  TO  A  CHAPTER  OF  THE  LAWS OF TWO THOUSAND ELEVEN
ENACTED TO MAKE APPROPRIATIONS FOR THE SUPPORT OF THE  LOCAL  ASSISTANCE
BUDGET,  INCLUDING  SUPPORT  FOR  GENERAL  SUPPORT  FOR  PUBLIC SCHOOLS,
DIVIDED BY THE TOTAL AID FOR ADJUSTMENT COMPUTED PURSUANT TO  A  CHAPTER
OF  THE  LAWS  OF TWO THOUSAND ELEVEN ENACTED TO MAKE APPROPRIATIONS FOR
THE LOCAL ASSISTANCE BUDGET, INCLUDING SUPPORT FOR GENERAL  SUPPORT  FOR
PUBLIC SCHOOLS. PROVIDED, FURTHER, THAT SUCH AMOUNT SHALL BE EXPENDED TO
SUPPORT  AND  MAINTAIN ALLOWABLE PROGRAMS AND ACTIVITIES APPROVED IN THE
TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR OR  TO  SUPPORT  NEW  OR
EXPANDED ALLOWABLE PROGRAMS AND ACTIVITIES IN THE CURRENT YEAR.
  S  2.  Subparagraph  (vii)  of paragraph a of subdivision 2 of section
211-d of the education law, as added by section 3 of part A  of  chapter
57 of the laws of 2009, is amended to read as follows:
  (vii)  (A)  Notwithstanding any other provision of this section to the
contrary, a school district that submitted a contract for excellence for
the two thousand seven--two thousand eight school year and the two thou-
sand eight--two thousand nine school year and is required  to  submit  a
contract  for  excellence  for  the  two thousand nine--two thousand ten
school year but did not fully expend all of its two thousand  seven--two
thousand  eight  foundation  aid  subject to the contract for excellence
restrictions during the two thousand seven--two  thousand  eight  school
year  may  re-allocate  and  expend such unexpended funds during the two
thousand eight--two thousand nine and two  thousand  nine--two  thousand

S. 2808                             5                            A. 4008

ten  school  years  for  allowable  contract for excellence programs and
activities as defined in subdivision three of this section in  a  manner
prescribed  by the commissioner. For purposes of determining maintenance
of  effort  pursuant  to subparagraph (vi) of this paragraph for the two
thousand eight--two thousand nine school year, funds  expended  pursuant
to  this  subparagraph  shall  be  included in the total budgeted amount
approved by the commissioner in the district's contract  for  excellence
for  the  two  thousand  seven--two thousand eight school year; provided
that such amount shall not be counted  more  than  once  in  determining
maintenance of effort for the two thousand nine--two thousand ten school
year or thereafter.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
RY,  A  SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE
TWO THOUSAND NINE--TWO THOUSAND TEN  SCHOOL  YEAR  AND  IS  REQUIRED  TO
SUBMIT  A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND ELEVEN--TWO THOU-
SAND TWELVE SCHOOL YEAR BUT DID NOT FULLY EXPEND ALL OF ITS TWO THOUSAND
NINE--TWO THOUSAND TEN FOUNDATION AID SUBJECT TO THE CONTRACT FOR EXCEL-
LENCE RESTRICTIONS DURING THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL
YEAR MAY RE-ALLOCATE AND EXPEND SUCH UNEXPENDED  FUNDS  DURING  THE  TWO
THOUSAND  ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR FOR ALLOWABLE CONTRACT
FOR EXCELLENCE PROGRAMS AND ACTIVITIES AS DEFINED IN  SUBDIVISION  THREE
OF THIS SECTION IN A MANNER PRESCRIBED BY THE COMMISSIONER. FOR PURPOSES
OF  DETERMINING  MAINTENANCE  OF EFFORT PURSUANT TO SUBPARAGRAPH (VI) OF
THIS PARAGRAPH FOR THE TWO  THOUSAND  TEN--TWO  THOUSAND  ELEVEN  SCHOOL
YEAR,  FUNDS EXPENDED PURSUANT TO THIS SUBPARAGRAPH SHALL BE INCLUDED IN
THE TOTAL BUDGETED AMOUNT APPROVED BY THE COMMISSIONER IN THE DISTRICT'S
CONTRACT FOR EXCELLENCE FOR THE  TWO  THOUSAND  NINE--TWO  THOUSAND  TEN
SCHOOL  YEAR;  PROVIDED  THAT SUCH AMOUNT SHALL NOT BE COUNTED MORE THAN
ONCE  IN  DETERMINING  MAINTENANCE  OF  EFFORT  FOR  THE  TWO   THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR OR THEREAFTER.
  S 3. Subdivision 12 of section 273 of the education law, as amended by
section  4-a  of part A of chapter 57 of the laws of 2009, is amended to
read as follows:
  12. The commissioner is hereby authorized to expend [in  state  fiscal
year  two  thousand six--two thousand seven three million dollars and in
state fiscal year two thousand seven--two thousand eight  eight  million
dollars  and  in state fiscal year two thousand eight--two thousand nine
seven million nine hundred forty thousand dollars and  in  state  fiscal
year  two  thousand nine--two thousand ten eight million dollars subject
to an appropriation] FUNDS ANNUALLY for formula grants to public library
systems, reference and research library resources  systems,  and  school
library systems operating under an approved plan of service. Such formu-
la  grants  shall  be  provided for the period commencing July first and
ending on June thirtieth next following. Such  formula  grants  will  be
distributed in the following manner:
  a.  Each  public  library  system established pursuant to sections two
hundred fifty-five and two hundred seventy-two of this part and  operat-
ing  under  a  plan  approved by the commissioner is entitled to receive
ANNUALLY thirty-nine thousand dollars and an amount  equal  to  ten  and
ninety-four  hundredths  percent of the amount of state aid received for
the current year by such system under paragraphs a, c, d,  e  and  n  of
subdivision one of this section [for the two thousand nine--two thousand
ten state fiscal year];
  b.  Each  reference  and research library resources system established
pursuant to section two hundred seventy-two of this part  and  operating
under a plan approved by the commissioner is entitled to receive ANNUAL-

S. 2808                             6                            A. 4008

LY  thirty-nine  thousand dollars and an amount equal to ten and ninety-
four hundredths percent of the amount of  state  aid  received  for  the
current  year under paragraph a of subdivision four of this section [for
the two thousand nine--two thousand ten state fiscal year]; and
  c.  Each  school  library  system  established pursuant to section two
hundred eighty-two of this part and operating under a plan  approved  by
the  commissioner  is  entitled to receive ANNUALLY thirty-nine thousand
dollars and an amount equal to ten and ninety-four hundredths percent of
the amount of state aid received for the current  year  by  such  system
under  paragraphs  a, b, c, d, e and f of subdivision one of section two
hundred eighty-four of this part [for the two thousand  nine--two  thou-
sand ten state fiscal year].
  S  4.  Section  407-b of the education law, as added by chapter 407 of
the laws of 1989, subdivision 5 as amended by chapter 557 of the laws of
1989, subdivision 6, paragraph (a) and subparagraphs (iii) and  (iv)  of
paragraph  (b) of subdivision 8 as amended by chapter 695 of the laws of
1992 and subdivision 10 as amended by chapter 31 of the laws of 1996, is
amended to read as follows:
  S 407-b. Authorization for dormitory authority  financing  of  capital
facilities  for  state-supported schools for blind and deaf students. 1.
The legislature declares that it is in the interest of the state and the
children of the state to assure that  state-supported  schools  for  the
instruction  of  blind and deaf students and other children with [handi-
capping conditions] DISABILITIES pursuant to article eighty-five of this
chapter and chapter one thousand sixty of the laws of  nineteen  hundred
seventy-four have sufficient facilities related to the education of such
children.  The  legislature finds that state-supported schools for blind
and deaf students  providing  such  education  [are]  WERE  in  need  of
improved  and  additional  facilities  related  to the education of such
children, and the means to finance the construction of such improvements
and additional facilities PURSUANT TO THIS SECTION.    The  legislature,
therefore, enacts the following provisions.
  2.  This  section  shall  apply  to APPROVED PRIVATE SCHOOLS, FORMERLY
KNOWN AS state-supported schools for the instruction of  the  blind  and
deaf  students and children with other [handicapping conditions, subject
to the appointment of the commissioner, pursuant to article eighty-five]
DISABILITIES AS ENUMERATED  IN  SUBDIVISION  ONE  OF  SECTION  FORTY-TWO
HUNDRED  ONE of this chapter and [chapter one thousand sixty of the laws
of  nineteen  hundred  seventy-four]  THE  FINANCING  OF   THE   DESIGN,
CONSTRUCTION, RECONSTRUCTION, REHABILITATION, IMPROVEMENT, RENOVATION OR
OTHERWISE  PROVIDING FOR FURNISHING OR EQUIPPING OF EDUCATIONAL OR RESI-
DENTIAL FACILITIES FOR PROJECTS APPROVED BY THE  COMMISSIONER  FOR  SUCH
SCHOOLS ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND ELEVEN.
  3.  Such [state-supported] schools may enter into leases, subleases or
other agreements with the dormitory authority pursuant to title four  of
article  eight  of  the  public authorities law for the financing of the
design, construction, reconstruction, rehabilitation, improvement, reno-
vation or otherwise providing for furnishing or equipping of educational
or residential facilities where the total estimated cost of such facili-
ties exceeds ten thousand dollars. The plans and specifications of  such
capital  facilities  shall  be  subject to approval of the commissioner.
Such educational or residential facilities may be  constructed  only  on
land  owned  by such [state-supported] school or, if the land is leased,
where the lease is for a period at least equal to the appropriate period
of probable usefulness for such facilities as listed in section 11.00 of

S. 2808                             7                            A. 4008

the local finance law, or the length of the  lease,  sublease  or  other
agreement with the dormitory authority, whichever is longer.
  4.  Each  [state-supported]  school  shall,  notwithstanding any other
provision of law, have the power to convey, lease, sublease or otherwise
make available to the dormitory authority without  consideration,  title
or  any  other  rights  in  real  property satisfactory to the dormitory
authority.
  5. In addition to providing for all other matters deemed necessary and
proper, such leases, subleases and other agreements  shall  (a)  require
the  [state-supported]  APPROVED  PRIVATE school to pay to the dormitory
authority annual rentals which shall include the amount required to  pay
the  principal of and interest on obligations of the dormitory authority
issued in relation to  providing  such  facilities  and  all  incidental
expenses  of  the  dormitory authority incurred in relation thereto, (b)
require the [state-supported] school to include an amount sufficient  to
meet  its  obligations  under  the lease, sublease or other agreement in
each proposed budget submitted during the term of the lease, sublease or
other agreement, and (c) a provision that such agreement  shall  not  be
effective  unless  and  until it is approved by the commissioner and the
director of the budget.
  6. Title or other real property  rights,  to  the  capital  facilities
financed  pursuant  to  this  section  shall  remain  with the dormitory
authority until the dormitory authority certifies  to  the  commissioner
and the comptroller the receipt by it of the amount necessary to pay the
aggregate  amount  of annual rentals to the dormitory authority. At such
time, title or other real property rights thereto shall  be  transferred
by  the dormitory authority to the [state-supported] school. In order to
avail itself of the provisions of this section,  each  [state-supported]
SUCH APPROVED PRIVATE SCHOOL school must also agree to continue to oper-
ate  a  program for the education of children WITH DISABILITIES pursuant
to [article] ARTICLES eighty-five AND EIGHTY-NINE of this  chapter  [and
chapter  one  thousand  sixty  of  the laws of nineteen hundred seventy-
four], and any lease, sublease or other  agreement  with  the  dormitory
authority  shall  provide  that,  if  the [state-supported] school shall
cease to operate at any time during  the  term  of  the  agreement,  the
school  shall  have  the obligation to pay the total aggregate amount of
annual rentals to the dormitory authority. Upon a determination that the
[state-supported] school is unable  to  satisfy  such  obligations,  the
state may take such title or other real property rights of the dormitory
authority  in such land, buildings, equipment and other properties which
the [state-supported] school uses for its program upon payments, subject
to appropriations, by the state to the dormitory authority of the amount
required to pay the total aggregate amount  of  annual  rentals  to  the
dormitory authority.
  7. On or before November fifteenth of each year, the dormitory author-
ity  shall  submit,  and thereafter may resubmit, to the director of the
budget, the state  comptroller,  the  chairman  of  the  senate  finance
committee  and  the  chairman of the assembly ways and means committee a
report setting forth the amounts, if any, of all  annual  rentals  esti-
mated to become due in the succeeding state fiscal year to the dormitory
authority from the [state-supported] APPROVED PRIVATE schools ENUMERATED
IN  SUBDIVISION ONE OF SECTION FORTY-TWO HUNDRED ONE OF THIS CHAPTER FOR
PROJECTS APPROVED BY THE COMMISSIONER ON OR BEFORE JUNE  THIRTIETH,  TWO
THOUSAND  ELEVEN  pursuant  to any leases, subleases or other agreements
between the dormitory authority and [state-supported]  SUCH  schools  to

S. 2808                             8                            A. 4008

provide  educational and residential facilities for such [state-support-
ed] schools.
  The state comptroller shall pay over to the dormitory authority pursu-
ant  to  appropriations  therefor  solely  from  moneys available in the
school capital facilities financing reserve fund the amount set forth in
such report at the times and in the amounts set forth in the certificate
filed with the  comptroller  by  the  dormitory  authority  pursuant  to
subparagraph (iv) of paragraph (b) of subdivision eight of this section.
  8.  Method of payment; reserve fund. (a) Each [state-supported] school
which elects to avail itself of the provisions  of  this  section  shall
have  established with the state comptroller a school capital facilities
financing reserve account which shall be used to pay  to  the  dormitory
authority  the  annual  rentals  payable  to  the dormitory authority by
[state-supported] schools which have entered into leases,  subleases  or
other  agreements with the dormitory authority to provide educational or
residential facilities pursuant to this  section  or  to  reimburse  the
state  for expenditures from appropriations made pursuant to subdivision
seven of this section. The dormitory authority  shall  identify  to  the
state  comptroller and to the commissioner the [state-supported] schools
with which it has leases, subleases or other agreements pursuant to this
section and shall annually certify the amount of annual rentals required
to be paid pursuant to such leases, subleases or other agreements.
  (b) (i) There is hereby established in the custody of the state  comp-
troller  a  special  fund  to  be known as the school capital facilities
financing reserve fund. Within such fund, there is hereby established  a
special  account  for  each [state-supported] school which enters into a
lease, sublease or other agreement with the dormitory authority pursuant
to this section.
  (ii) Notwithstanding the provisions of any other law, such fund  shall
consist  of  payments  as  made  and determined by the commissioner. The
comptroller shall maintain sufficient amounts in the fund  in  order  to
pay when due the annual rentals due to the dormitory authority from each
such  [state-supported]  school pursuant to any lease, sublease or other
agreement entered into pursuant to the provisions of this  section.  The
dormitory authority shall certify to the state comptroller the dates and
amounts  of  such payments as scheduled in its lease, subleases or other
agreements with such [state-supported] school.  The  commissioner  shall
certify  the amount of payments due the fund from [state-supported] SUCH
APPROVED PRIVATE schools, and shall make such payments to  the  fund  at
such  times  as  appropriate, subject to the approval of the director of
the budget, and after consultation with the dormitory authority.
  (iii) Revenues in any special account in the school capital facilities
financing reserve fund may be commingled with any other moneys  in  such
fund.  All  deposits of such revenues shall be secured by obligations of
the United States or of the state of New York or its political  subdivi-
sions.  Such  obligations  shall  have  a market value not less than one
hundred five percent of the amount of such deposits. All the  banks  and
trust  companies are authorized to give security for such deposits.  Any
such revenues in such fund may, in the discretion of the comptroller, be
invested in obligations of the United States or the state or obligations
the principal of and interest on which  are  guaranteed  by  the  United
States  or  by  the state. Any interest earned shall be credited to such
fund.
  (iv) Upon receipt by the comptroller of a certificate or  certificates
from the dormitory authority that it requires a payment or payments from
the  appropriate  special  account  established  for a [state-supported]

S. 2808                             9                            A. 4008

school to comply with any lease, sublease or other agreement pursuant to
this section, each of  which  certificate  shall  specify  the  required
payment  or  payments  and  the  date  when  the  payment or payments is
required,  the  comptroller  shall  pay  from such special account on or
before the specified date or within thirty days after  receipt  of  such
certificate  or  certificates,  whichever  is later, to the paying agent
designated by the dormitory  authority  in  any  such  certificate,  the
amount or amounts so certified.
  (v)  Notwithstanding  any  other provisions of this subdivision to the
extent that the state makes appropriations for  the  payment  of  annual
rentals  to  the dormitory authority required to be paid pursuant to the
terms of any lease, sublease or other agreement  between  the  dormitory
authority  and  any  [state-supported]  schools and makes such payments,
moneys in the school capital facilities financing reserve fund shall  be
used  to  reimburse the state for moneys so expended from such appropri-
ation.
  (vi) All payments of money from the school capital facilities  financ-
ing  reserve  fund  shall  be made on the audit and warrant of the state
comptroller.
  9. All state officials are authorized and required  to  take  whatever
actions  are  necessary  to carry out the provisions of this section and
any leases, subleases or other agreements entered into pursuant to  this
section, including making the required payments to the dormitory author-
ity.
  10.  Notwithstanding  any  other provision of law to the contrary, the
dormitory authority may execute leases, subleases, or  other  agreements
with  [state  supported]  APPROVED  PRIVATE schools for financing of the
design, construction, rehabilitation, improvement, renovation,  acquisi-
tion  or  provision,  furnishing  or  equipping  of  capital facilities;
provided, however, that during  the  two  year  period  commencing  July
first,  nineteen  hundred  ninety-five, the amount of bonds inclusive of
principal, interest and issuance costs to be issued for each  individual
lease,  sublease,  or  other  agreement shall not exceed fifteen million
dollars annually; provided further that the interest on such  bonds  may
not  be deferred through additional borrowing; and provided finally that
the total amount of such bonds for all such leases, subleases, or agree-
ments with [state supported] schools during such period shall not exceed
sixty-five million dollars.
  On or before September first of  each  year,  the  commissioner  shall
submit  to  the  chairs  of  the  assembly ways and means committee, the
senate finance committee and the director of the budget, a capital  plan
for  those  projects expected to be bonded for [state supported] schools
pursuant to this section, within such sixty-five million  dollar  allow-
ance.  After application of the principles of the capital assets preser-
vation program, such plan shall accord priority  to  health  and  safety
considerations  and  shall  specify  the name, location, estimated total
cost of the project at the time the project is to  be  bid,  the  antic-
ipated  bid date and the anticipated completion date and may contain any
further recommendations the commissioner may deem appropriate.
  11.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO  THE  CONTRARY,  THE
PROVISIONS  OF THIS SECTION AND THE DORMITORY AUTHORITY ACT, AS THE SAME
WERE AMENDED BY CHAPTER FOUR HUNDRED  SEVEN  OF  THE  LAWS  OF  NINETEEN
HUNDRED  EIGHTY-NINE,  SHALL,  IN ALL RESPECTS, CONTINUE TO APPLY TO ANY
APPROVED PRIVATE NONRESIDENTIAL AND RESIDENTIAL SCHOOL WITH  RESPECT  TO
ANY BONDS ISSUED BY THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK FOR

S. 2808                            10                            A. 4008

THE  BENEFIT OF SUCH SCHOOL PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVI-
SION.
  S 5. Subdivision 1 of section 1104 of the education law, as amended by
chapter 53 of the laws of 1990, is amended to read as follows:
  1.  The  commissioner  [of  education]  in the annual apportionment of
public moneys shall  apportion  therefrom  to  each  county  maintaining
approved  vocational  education and extension work, a quota amounting to
one-half   of the salary paid each  teacher,  director,  assistant,  and
supervisor, WHERE SUCH SALARY IS ATTRIBUTABLE TO A COURSE OF STUDY FIRST
SUBMITTED  TO  THE  COMMISSIONER FOR APPROVAL PURSUANT TO SECTION ELEVEN
HUNDRED THREE OF THIS ARTICLE ON OR BEFORE JULY FIRST, TWO THOUSAND TEN,
but not to exceed THE AMOUNT COMPUTED BY THE COMMISSIONER BASED UPON  AN
ASSUMED ANNUALIZED SALARY EQUAL TO ten thousand five hundred dollars PER
SCHOOL  YEAR  on  account  of  the employment of such teacher, director,
assistant or supervisor.
  S 6. Section 1104 of the education law is  amended  by  adding  a  new
subdivision 3 to read as follows:
  3.  FOR  THE APPORTIONMENT PAYABLE PURSUANT TO THIS SECTION FOR SCHOOL
YEARS COMMENCING PRIOR TO JULY FIRST, TWO THOUSAND NINE, THE COMMISSION-
ER SHALL CERTIFY NO PAYMENT TO  A  VOCATIONAL  EDUCATION  AND  EXTENSION
BOARD  BASED ON A CLAIM SUBMITTED LATER THAN THREE YEARS AFTER THE CLOSE
OF THE SCHOOL YEAR IN WHICH SUCH PAYMENT  WAS  FIRST  TO  BE  MADE.  FOR
CLAIMS  FOR  WHICH  PAYMENT  IS  FIRST  TO  BE  MADE IN THE TWO THOUSAND
NINE--TWO THOUSAND TEN SCHOOL  YEAR  AND  THEREAFTER,  THE  COMMISSIONER
SHALL  CERTIFY  NO PAYMENT TO A VOCATIONAL EDUCATION AND EXTENSION BOARD
BASED ON A CLAIM SUBMITTED LATER THAN ONE YEAR AFTER THE CLOSE  OF  SUCH
SCHOOL  YEAR.  PROVIDED, HOWEVER, NO PAYMENTS SHALL BE BARRED OR REDUCED
WHERE SUCH PAYMENT IS REQUIRED AS A RESULT  OF  A  FINAL  AUDIT  OF  THE
STATE.
  S 7. Intentionally omitted.
  S  8.  Subdivision 21-a of section 1604 of the education law, as added
by chapter 472 of the laws of 1998, is amended to read as follows:
  21-a. To lease a motor vehicle or vehicles to be used for  the  trans-
portation  of the children of the district from a school district, board
of cooperative educational services or county vocational  education  and
extension board or from any other source, under the conditions specified
in  this subdivision. No such agreement for the lease of a motor vehicle
or vehicles shall be for a term of more than one school  year,  provided
that  when  THE BOARD OF TRUSTEES CAN DEMONSTRATE TO THE SATISFACTION OF
THE COMMISSIONER THAT THE COST OF A LEASE, IF EXTENDED OVER THE EXPECTED
LIFESPAN OF A SCHOOL BUS, WOULD BE LOWER THAN THE COST OF  PURCHASING  A
SCHOOL  BUS,  AND  THE  LEASE  IS  authorized by a vote of the qualified
voters of the district, such lease may have a term of up to five  years.
Where  the  trustee  or  board of trustees enter into a lease of a motor
vehicle or vehicles pursuant to this  subdivision  for  a  term  of  one
school  year  or  less, such trustee or board shall not be authorized to
enter into another lease for the same or an equivalent replacement vehi-
cle or vehicles, as determined by the  commissioner,  without  obtaining
approval of the qualified voters of the school district.
  S 9. Intentionally omitted.
  S 10. Intentionally omitted.
  S 11. Intentionally omitted.
  S  12.  Paragraph i of subdivision 25 of section 1709 of the education
law, as added by chapter 472 of the laws of 1998, is amended to read  as
follows:

S. 2808                            11                            A. 4008

  i.  In addition to the authority granted in paragraph e of this subdi-
vision, the board of education shall be  authorized  to  lease  a  motor
vehicle or vehicles to be used for the transportation of the children of
the district from sources other than a school district, board of cooper-
ative  educational services or county vocational education and extension
board under the conditions specified in this paragraph. No  such  agree-
ment for the lease of a motor vehicle or vehicles shall be for a term of
more than one school year, provided that when THE BOARD OF EDUCATION CAN
DEMONSTRATE  TO  THE SATISFACTION OF THE COMMISSIONER THAT THE COST OF A
LEASE, IF EXTENDED OVER THE EXPECTED LIFESPAN OF A SCHOOL BUS, WOULD  BE
LOWER THAN THE COST OF PURCHASING A SCHOOL BUS, AND THE LEASE IS author-
ized  by  a vote of the qualified voters of the district, such lease may
have a term of up to five years. Where the board of education  enters  a
lease  of  a  motor vehicle or vehicles pursuant to this paragraph for a
term of one school year or less, such board shall not be  authorized  to
enter  into another lease of the same or an equivalent replacement vehi-
cle or vehicles, as determined by the  commissioner,  without  obtaining
approval of the voters.
  S 13. Intentionally omitted.
  S 14. Intentionally omitted.
  S  15.  Subparagraph 2 of paragraph d of subdivision 4 of section 1950
of the education law, as added by chapter 474 of the laws  of  1996,  is
amended to read as follows:
  (2)  Certain  services  prohibited.  (I)  Commencing with the nineteen
hundred ninety-seven--ninety-eight school year, the  commissioner  shall
not  be  authorized  to approve as an aidable shared service pursuant to
this subdivision  any  cooperative  maintenance  services  or  municipal
services,  including  but not limited to, lawn mowing services and heat-
ing, ventilation or air conditioning  repair  or  maintenance  or  trash
collection,  or  any  other municipal services as defined by the commis-
sioner. On and after the effective date of this paragraph,  the  commis-
sioner  shall not approve, as an aidable shared service, any new cooper-
ative  maintenance  or  municipal  services  for  the  nineteen  hundred
ninety-six--ninety-seven school year, provided that the commissioner may
approve  the  continuation  of such services for one year if provided in
the nineteen hundred ninety-five--ninety-six school year.
  (II) COMMENCING WITH THE  TWO  THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE
SCHOOL  YEAR,  THE COMMISSIONER SHALL NOT BE AUTHORIZED TO APPROVE AS AN
AIDABLE SHARED  SERVICE  PURSUANT  TO  THIS  SUBDIVISION  THE  FOLLOWING
SERVICES:
  (A) COLLECTIVE NEGOTIATIONS AND LABOR RELATIONS;
  (B) PERSONNEL SERVICES - RECRUITING;
  (C) EMPLOYEE ASSISTANCE PROGRAMS;
  (D) BUSINESS OFFICE SERVICES, INCLUDING BUT NOT LIMITED TO COMPETITIVE
BIDDING COORDINATION, PAYROLL, MICROFILMING, TEXTBOOK COORDINATOR, BUSI-
NESS  MANAGER, BUSINESS OFFICE SUPPORT, MEDICAID REIMBURSEMENT, TELECOM-
MUNICATIONS, TELEPHONE INTERCONNECTS, INSURANCE MANAGEMENT  COORDINATION
AND EMPLOYEE BENEFIT AND HEALTHCARE BENEFIT COORDINATION;
  (E) PLANNING SERVICES AND MANAGEMENT;
  (F) PUBLIC INFORMATION COORDINATOR OR SERVICES (PUBLIC RELATIONS);
  (G) SCHOOL FOOD SERVICES AND FOOD MANAGEMENT;
  (H)  EXTRACURRICULAR  ACTIVITIES  AND  INTER-SCHOLASTIC SPORTS COORDI-
NATION;
  (I) INSTRUCTIONAL GRAPHICS, EQUIPMENT REPAIR, PRINTING,  PHOTOCOPYING,
NON-PRINT DUPLICATION, EDUCATIONAL TELEVISION;
  (J) ENERGY MANAGEMENT;

S. 2808                            12                            A. 4008

  (K) SUBSTITUTE TEACHER COORDINATION;
  (L) GASB 45 PLANNING AND VALUATION; OR
  (M) ENGINEERING SERVICES.
  NOTHING  IN THIS CLAUSE SHALL PRECLUDE THE ABILITY OF A BOARD OF COOP-
ERATIVE EDUCATIONAL SERVICES TO APPLY FOR AND RECEIVE  AID  PURSUANT  TO
ANY  OTHER  PROVISION OF LAW. ADDITIONALLY, NOTHING IN THIS CLAUSE SHALL
PRECLUDE A BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES  FROM  PROVIDING
THESE SERVICES WITHOUT RESPECT TO AID.
  S  16.  Paragraphs  a  and  g  of subdivision 5 of section 1950 of the
education law, paragraph a as amended by section 4 and  paragraph  g  as
amended  by  section  5 of part C of chapter 57 of the laws of 2004, are
amended to read as follows:
  a. Upon application by a board of  cooperative  educational  services,
there  shall  be  apportioned and paid from state funds to each board of
cooperative educational services an amount which shall be the product of
the approved cost of services actually incurred  during  the  base  year
multiplied by the sharing ratio for cooperative educational services aid
which,  FOR  APPROVED  COSTS  INCURRED PRIOR TO JULY FIRST, TWO THOUSAND
ELEVEN, shall equal the greater of: (i) an amount equal to one minus the
quotient expressed as a decimal to  three  places  without  rounding  of
eight  mills divided by the tax rate of the local district computed upon
the actual valuation of taxable  property,  as  determined  pursuant  to
subdivision  one  of section thirty-six hundred two of this chapter [and
notwithstanding section three thousand six hundred three,] expressed  in
mills  to the nearest tenth as determined by the commissioner, provided,
however, that where services are provided to a school district which  is
included  within  a  central  high  school district or to a central high
school  district,  such  amount  shall  equal  one  minus  the  quotient
expressed  as  a decimal to three places without rounding of three mills
divided by the tax rates, expressed in mills to the  nearest  tenth,  of
such  districts, as determined by the commissioner or (ii) the aid ratio
of each school district for the current year, which shall be such compo-
nent school district's board of  cooperative  educational  services  aid
ratio  and  which shall be not less than thirty-six percent converted to
decimals and  shall  be  not  more  than  ninety  percent  converted  to
decimals, AND WHICH, FOR APPROVED COSTS INCURRED ON OR AFTER JULY FIRST,
TWO THOUSAND ELEVEN, SHALL EQUAL THE STATE SHARING RATIO FOR TOTAL FOUN-
DATION AID COMPUTED FOR EACH SCHOOL DISTRICT FOR THE CURRENT YEAR PURSU-
ANT  TO  PARAGRAPH  G OF SUBDIVISION THREE OF SECTION THIRTY-SIX HUNDRED
TWO OF THIS CHAPTER, BUT NOT LESS THAN TEN PERCENT  AND  NOT  MORE  THAN
NINETY PERCENT.  For the purposes of this paragraph, the tax rate of the
local  district  computed  upon the actual valuation of taxable property
shall be the sum of the amount of tax raised by the school district plus
any payments in lieu of taxes received by the school  district  pursuant
to  section  four  hundred  eighty-five  of  the  real property tax law,
divided by the actual valuation of the school district, provided, howev-
er that the tax rate for a central high school district shall be the sum
of the amount of  tax  raised  by  the  common  and  union  free  school
districts  included  within  the  central  high  school district for the
support of the central high school district plus any payments in lieu of
taxes received for the support  of  the  central  high  school  district
pursuant  to  section  four hundred eighty-five of the real property tax
law, divided  by  the  actual  valuation  of  the  central  high  school
district.  The  tax  rate  for each common or union free school district
which is included within a central high school district shall be the sum
of the amount raised for the support of such common or union free school

S. 2808                            13                            A. 4008

district plus any payments in lieu of taxes received for the support  of
the  school district pursuant to section four hundred eighty-five of the
real property tax law, exclusive of the amount raised  for  the  central
high  school district, divided by the actual valuation of such common or
union free school district.
  g. Any payment required by a board of cooperative educational services
to the dormitory authority or any payment required by a board of cooper-
ative educational services to acquire or construct a school facility  of
the  board  of  cooperative  educational  services, and any payments for
rental of facilities by a  board  of  cooperative  educational  services
shall,  for  the purposes of apportionment of public moneys to the board
of cooperative educational services by the state of New York, be  deemed
to be an administrative or capital expense, as designated by the commis-
sioner,  but  the  entire  amount  of  such payment shall be utilized in
making such apportionment and the limitation of ten percent of the total
expenses contained in this subdivision  shall  not  be  applicable.  Any
expense  designated  by  the  commissioner as a capital expense shall be
included in the capital budget of the board of  cooperative  educational
services  and,  except as otherwise provided in this paragraph, shall be
aided in the same manner as an administrative expense. Any such  payment
shall  not  be  considered  part  of the total expenses of the board for
purposes of determining the administrative and clerical expenses not  to
exceed  ten  percent  otherwise eligible for aid under this subdivision,
and such payments shall be considered for the purpose  of  apportionment
during  the  current school year such payment is made. The apportionment
for such payments shall be determined by multiplying the amount of  such
payment  allocated  to  each  component  school district in the board of
cooperative educational services by the BOARD OF COOPERATIVE EDUCATIONAL
SERVICES BUILDING aid ratio, and shall be not more than  ninety  percent
converted  to decimals, WHERE, FOR APPORTIONMENTS COMPUTED PRIOR TO JULY
FIRST,  TWO  THOUSAND  TWELVE,  THE  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  BUILDING  AID RATIO SHALL BE THE AID RATIO of each such compo-
nent computed  pursuant  to  subdivision  three  of  section  thirty-six
hundred  two  and used to apportion aid to that district in that current
school year, AND FOR APPORTIONMENTS COMPUTED ON OR AFTER JULY FIRST, TWO
THOUSAND TWELVE SHALL BE THE SHARING RATIO FOR  COOPERATIVE  EDUCATIONAL
SERVICES  AID  COMPUTED  PURSUANT  TO  PARAGRAPH  A OF THIS SUBDIVISION;
provided, however, the apportionment for the construction,  acquisition,
reconstruction,  rehabilitation,  or improvement of board of cooperative
educational services facilities, including  payments  to  the  dormitory
authority  and  payments  under any lease agreement, shall be based upon
the cost of the board of cooperative educational services school facili-
ties but not to exceed the cost allowance set forth in  subdivision  six
of  section  thirty-six  hundred two of [the education law] THIS CHAPTER
and payments for rental facilities shall be subject to the  approval  of
the commissioner.
  S  17. Paragraph c of subdivision 5-a of section 1950 of the education
law, as added by chapter 82 of the laws of 1995, is amended to  read  as
follows:
  c.  Applicable  percent. The applicable percent shall be determined by
the number of years that an  eligible  district  has  been  a  component
district  of  a BOCES. In the first year, such percent shall be equal to
the district's [BOCES and building] SHARING RATIO FOR COOPERATIVE EDUCA-
TIONAL SERVICES aid [ratio] for aid payable in the first year  in  which
the  district  joins the BOCES, each year thereafter, such percent shall

S. 2808                            14                            A. 4008

be reduced by ten percent  until  such  percent  would  drop  below  ten
percent at which time it shall be deemed to be zero.
  S 18. Intentionally omitted.
  S 19. Intentionally omitted.
  S 20. Intentionally omitted.
  S  21. Paragraph (a) of subdivision 1 of section 2856 of the education
law, as amended by section 12 of part A of chapter 57  of  the  laws  of
2009, is amended to read as follows:
  (a)  The  enrollment  of  students  attending charter schools shall be
included in the enrollment, attendance, membership and,  if  applicable,
count  of students with disabilities of the school district in which the
pupil resides. The charter school shall report  all  such  data  to  the
school  districts  of residence in a timely manner. Each school district
shall report such enrollment, attendance  and  count  of  students  with
disabilities  to  the department. The school district of residence shall
pay directly to the charter school for  each  student  enrolled  in  the
charter  school  who  resides  in the school district the charter school
basic tuition, which shall be:
  (I) FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND NINE--TWO THOUSAND  TEN
SCHOOL  YEAR AND FOR SCHOOL YEARS FOLLOWING THE TWO THOUSAND TWELVE--TWO
THOUSAND THIRTEEN SCHOOL YEAR, an amount equal to one hundred percent of
the amount calculated pursuant to paragraph  f  of  subdivision  one  of
section  thirty-six  hundred two of this chapter for the school district
for the year prior to the base year increased by the  percentage  change
in  the  state  total  approved operating expense calculated pursuant to
paragraph t of subdivision one of section thirty-six hundred two of this
chapter from two years  prior  to  the  base  year  to  the  base  year;
[provided, however, that]
  (II)  for  the  two  thousand  nine--two thousand ten school year, the
charter school basic  tuition  shall  be  the  amount  payable  by  such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year[.];
  (III)  FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN THROUGH TWO THOU-
SAND TWELVE--TWO THOUSAND THIRTEEN  SCHOOL  YEARS,  THE  CHARTER  SCHOOL
BASIC  TUITION  SHALL BE THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND
TEN--TWO THOUSAND ELEVEN SCHOOL  YEAR  PURSUANT  TO  THE  PROVISIONS  OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  S 22. Subdivision 1 of section 2856 of the education law, as separate-
ly  amended by chapter 4 of the laws of 1998 and section 12 of part A of
chapter 57 of the laws of 2009, is amended to read as follows:
  1. (A) The enrollment of students attending charter schools  shall  be
included  in  the  enrollment,  attendance  and, if applicable, count of
students with disabilities of the school district  in  which  the  pupil
resides.  The  charter  school  shall report all such data to the school
districts of residence in a timely manner. Each  school  district  shall
report  such enrollment, attendance and count of students with disabili-
ties to the department. The  school  district  of  residence  shall  pay
directly  to the charter school for each student enrolled in the charter
school who resides in the  school  district  THE  CHARTER  SCHOOL  BASIC
TUITION WHICH SHALL BE:
  (I)  FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND NINE--TWO THOUSAND TEN
SCHOOL YEAR AND FOR SCHOOL YEARS FOLLOWING THE TWO THOUSAND  TWELVE--TWO
THOUSAND THIRTEEN SCHOOL YEAR, an amount equal to one hundred percent of
the  amount  calculated  pursuant  to  paragraph f of subdivision one of
section [thirty six] THIRTY-SIX hundred two  of  this  chapter  for  the
school  district  for  the  year prior to the base year increased by the

S. 2808                            15                            A. 4008

percentage change in the state total approved operating  expense  calcu-
lated pursuant to [subdivision eleven] PARAGRAPH T OF SUBDIVISION ONE of
section  [thirty  six]  THIRTY-SIX  hundred two of this chapter from two
years prior to the base year to the base year; [provided, however, that]
  (II)  for  the  two  thousand  nine--two thousand ten school year, the
charter school basic  tuition  shall  be  the  amount  payable  by  such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (III)  FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN THROUGH TWO THOU-
SAND TWELVE--TWO THOUSAND THIRTEEN  SCHOOL  YEARS,  THE  CHARTER  SCHOOL
BASIC  TUITION  SHALL BE THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND
TEN--TWO THOUSAND ELEVEN SCHOOL  YEAR  PURSUANT  TO  THE  PROVISIONS  OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  (B)  The school district shall also pay directly to the charter school
any federal or state aid attributable to a  student  with  a  disability
attending charter school in proportion to the level of services for such
student  with  a disability that the charter school provides directly or
indirectly. Notwithstanding anything in this section  to  the  contrary,
amounts  payable pursuant to this subdivision may be reduced pursuant to
an agreement between the school and the charter entity set forth in  the
charter. Payments made pursuant to this subdivision shall be made by the
school district in six substantially equal installments each year begin-
ning  on the first business day of July and every two months thereafter.
Amounts payable under  this  subdivision  shall  be  determined  by  the
commissioner.  Amounts  payable to a charter school in its first year of
operation shall be based on the projections of  initial-year  enrollment
set  forth in the charter. Such projections shall be reconciled with the
actual enrollment at the end of the school's first  year  of  operation,
and  any  necessary  adjustments  shall  be  made to payments during the
school's second year of operation.
  S 23. Subdivision 1 of section 3602 of the education law is amended by
adding a new paragraph z to read as follows:
  Z. BEGINNING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE  SCHOOL
YEAR  AND  THEREAFTER,  "NEEDS-RESOURCE  INDEX"  SHALL  MEAN  THE NUMBER
COMPUTED TO THREE  DECIMALS  WITHOUT  ROUNDING  OBTAINED  WHEN  (1)  THE
QUOTIENT  OF THE EXTRAORDINARY NEEDS PERCENT OF SUCH DISTRICT DIVIDED BY
THE STATEWIDE EXTRAORDINARY NEEDS PERCENT IS DIVIDED BY (2) THE COMBINED
WEALTH RATIO OF SUCH  DISTRICT.  SUCH  STATEWIDE  AVERAGE  EXTRAORDINARY
NEEDS PERCENT SHALL BE ESTABLISHED EACH YEAR BY THE COMMISSIONER.
  S  24.  Paragraph  j of subdivision 1 of section 3602 of the education
law is amended by adding a new subparagraph (iii) to read as follows:
  (III) THE TOTAL FOUNDATION AID BASE FOR AID PAYABLE IN THE  TWO  THOU-
SAND  SEVEN--TWO  THOUSAND EIGHT SCHOOL YEAR AND THEREAFTER, AND FOR AID
CALCULATIONS FOR SUBSEQUENT SCHOOL YEARS BASED ON AID  PAYABLE  IN  SUCH
SCHOOL  YEARS,  SHALL  BE  DEEMED  FINAL AND NOT SUBJECT TO CHANGE ON OR
AFTER JULY FIRST OF THE SCHOOL YEAR FOLLOWING THE LAST  SCHOOL  YEAR  IN
WHICH THE COMMISSIONER MAY LAST ACCEPT AND CERTIFY FOR PAYMENT ANY ADDI-
TIONAL CLAIM FOR SUCH SCHOOL YEAR PURSUANT TO PARAGRAPH A OF SUBDIVISION
FIVE OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS ARTICLE.
  S 25. Subdivision 1 of section 3602 of the education law is amended by
adding four new paragraphs z, aa, bb and cc to read as follows:
  Z.  "TOTAL PERSONAL INCOME OF THE STATE" SHALL MEAN THE TOTAL PERSONAL
INCOME OF THE STATE OF NEW  YORK  AS  PUBLISHED  BY  THE  UNITED  STATES
DEPARTMENT OF COMMERCE OR ANY SUCCESSOR AGENCY FROM WHICH INFORMATION IS
AVAILABLE, AGGREGATED ON A STATE FISCAL YEAR BASIS. FOR THE TWO THOUSAND
TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR, SUCH PERSONAL INCOME SHALL BE

S. 2808                            16                            A. 4008

BASED  ON THE DATA AVAILABLE MOST PROXIMATE AND PRIOR TO FEBRUARY FIRST,
TWO THOUSAND ELEVEN, AND FOR THE  TWO  THOUSAND  THIRTEEN--TWO  THOUSAND
FOURTEEN  SCHOOL  YEAR  AND  EACH  SCHOOL YEAR THEREAFTER, SUCH PERSONAL
INCOME  SHALL BE BASED ON THE DATA AVAILABLE MOST PROXIMATE AND PRIOR TO
OCTOBER THIRTY-FIRST OF THE BASE YEAR.    SUBSEQUENT  REVISIONS  OF  THE
PUBLISHED  ESTIMATED  DOLLAR  AMOUNT  FOR ANY STATE FISCAL YEAR ESTIMATE
EMPLOYED PURSUANT TO THE TERMS OF THIS  SECTION  SHALL  NOT  AFFECT  THE
VALIDITY OF THE DETERMINATIONS MADE FOR ANY STATE FISCAL YEAR.
  AA. "PERSONAL INCOME GROWTH INDEX" SHALL MEAN (1) FOR THE TWO THOUSAND
TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR, THE AVERAGE OF THE QUOTIENTS
FOR EACH YEAR IN THE PERIOD COMMENCING WITH THE TWO  THOUSAND  FIVE--TWO
THOUSAND  SIX  STATE  FISCAL  YEAR  AND  FINISHING WITH THE TWO THOUSAND
NINE--TWO THOUSAND TEN STATE FISCAL YEAR OF THE TOTAL PERSONAL INCOME OF
THE STATE FOR EACH SUCH YEAR DIVIDED BY THE TOTAL PERSONAL INCOME OF THE
STATE FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR, BUT NOT LESS THAN
ONE AND (2) FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN  SCHOOL
YEAR AND EACH SCHOOL YEAR THEREAFTER, THE QUOTIENT OF THE TOTAL PERSONAL
INCOME  OF  THE  STATE  FOR  THE STATE FISCAL YEAR ONE YEAR PRIOR TO THE
STATE FISCAL YEAR IN WHICH THE BASE YEAR COMMENCED DIVIDED BY THE  TOTAL
PERSONAL  INCOME OF THE STATE FOR THE IMMEDIATELY PRECEDING STATE FISCAL
YEAR, BUT NOT LESS THAN ONE.
  BB. "EXCESS GROWTH AMOUNT" SHALL MEAN THE POSITIVE DIFFERENCE, IF ANY,
OF (1) THE STATEWIDE TOTAL, EXCLUDING THE GAP ELIMINATION ADJUSTMENT, OF
THE APPORTIONMENTS DUE AND OWING  DURING  THE  CURRENT  SCHOOL  YEAR  TO
SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES FROM THE
GENERAL  SUPPORT FOR PUBLIC SCHOOLS LESS (2) THE PRODUCT OF THE PERSONAL
INCOME GROWTH INDEX MULTIPLIED BY THE STATEWIDE TOTAL OF SUCH APPORTION-
MENTS, INCLUDING THE GAP ELIMINATION ADJUSTMENT, DUE  AND  OWING  DURING
THE  BASE  SCHOOL  YEAR  TO  SCHOOL  DISTRICTS AND BOARDS OF COOPERATIVE
EDUCATIONAL SERVICES FROM THE GENERAL  SUPPORT  FOR  PUBLIC  SCHOOLS  AS
COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
COMPUTER  LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED
BUDGET FOR THE BASE YEAR.
  CC. "GAP ELIMINATION ADJUSTMENT PERCENTAGE" SHALL MEAN THE QUOTIENT OF
THE GAP ELIMINATION ADJUSTMENT AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT
AS "NET GAP ELIMINATION ADJMT"  UNDER  THE  HEADING  "2011-12  ESTIMATED
AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE EXECUTIVE BUDGET PROPOSAL FOR THE 2011-12 SCHOOL YEAR AND
ENTITLED "BT111-2", DIVIDED BY THE STATEWIDE TOTAL OF ALL SUCH GAP ELIM-
INATION  ADJUSTMENT  AMOUNTS  SET FORTH FOR ALL DISTRICTS IN SUCH SCHOOL
AID COMPUTER LISTING.
  S 26. The opening paragraph and paragraphs a, b and b-1 of subdivision
4 of section 3602 of the education law, the opening paragraph,  subpara-
graph 1 of paragraph a and paragraphs b and b-1 as amended by section 13
of  part  A of chapter 57 of the laws of 2009, paragraph a as amended by
section 14 of part B of chapter 57 of the laws of 2008, are  amended  to
read as follows:
  In  addition  to  any  other apportionment pursuant to this chapter, a
school district, other than a special act school district as defined  in
subdivision eight of section four thousand one of this chapter, shall be
eligible  for total foundation aid equal to the product of total aidable
foundation pupil units multiplied by the district's selected  foundation
aid,  which shall be the greater of five hundred dollars ($500) or foun-
dation formula aid, provided, however that for the two thousand  seven--
two  thousand  eight  through  two thousand eight--two thousand nine and
[two thousand eleven--two thousand twelve through] two thousand [twelve]

S. 2808                            17                            A. 4008

THIRTEEN--two  thousand  [thirteen]  FOURTEEN   THROUGH   TWO   THOUSAND
FIFTEEN--TWO  THOUSAND  SIXTEEN  school  years, no school district shall
receive total foundation aid in excess of the sum of the  total  founda-
tion  aid  base  for aid payable in the two thousand seven--two thousand
eight school year computed pursuant to subparagraph (i) of  paragraph  j
of  subdivision  one  of  this  section,  plus  the  phase-in foundation
increase computed pursuant to  paragraph  b  of  this  subdivision,  and
provided  further  that  total foundation aid shall not be less than the
product of the total foundation aid base computed pursuant to  paragraph
j  of subdivision one of this section and one hundred three percent, nor
more than the product of such total foundation aid base and one  hundred
fifteen  percent,  and provided further that for the two thousand nine--
two thousand ten [and two thousand ten--two thousand eleven] THROUGH TWO
THOUSAND  TWELVE--TWO  THOUSAND  THIRTEEN  school  years,  each   school
district  shall  receive  total foundation aid in an amount equal to the
amount apportioned to such school district for the two thousand  eight--
two  thousand nine school year pursuant to this subdivision. Total aida-
ble foundation pupil units shall be calculated pursuant to  paragraph  g
of subdivision two of this section.  For the purposes of calculating aid
pursuant  to  this  subdivision, aid for the city school district of the
city of New York shall be calculated on a citywide basis.
  a. Foundation formula aid. Foundation  formula  aid  shall  equal  the
remainder  when  the  expected  minimum local contribution is subtracted
from the product of the foundation amount, the regional cost index,  and
the  pupil  need  index,  or: (foundation amount x regional cost index x
pupil need index)- expected minimum local contribution.
  (1) The foundation amount shall reflect the average per pupil cost  of
general  education instruction in successful school districts, as deter-
mined by a statistical analysis of the costs of  special  education  and
general  education  in  successful  school  districts, provided that the
foundation amount shall be adjusted annually to reflect  the  percentage
increase in the consumer price index as computed pursuant to section two
thousand  twenty-two of this chapter, provided that for the two thousand
eight--two thousand nine school year, for the purpose  of  such  adjust-
ment,  the  percentage  increase  in  the  consumer price index shall be
deemed to be two and nine-tenths percent (0.029), and  provided  further
that  the  foundation  amount  for  the two thousand seven--two thousand
eight school  year  shall  be  five  thousand  two  hundred  fifty-eight
dollars, and provided further that for the two thousand seven--two thou-
sand  eight  through  [two  thousand  twelve--two thousand thirteen] TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school years, [such] THE  founda-
tion amount shall be further adjusted by the phase-in foundation percent
established pursuant to paragraph b of this subdivision.
  (2)  The regional cost index shall reflect an analysis of labor market
costs based on median salaries in professional occupations that  require
similar  credentials  to  those of positions in the education field, but
not including those occupations in the education  field,  provided  that
the regional cost indices for the two thousand seven--two thousand eight
school year and thereafter shall be as follows:
          Labor Force Region  Index
          Capital District    1.124
          Southern Tier       1.045
          Western New York    1.091
          Hudson Valley       1.314
          Long Island/NYC     1.425
          Finger Lakes        1.141

S. 2808                            18                            A. 4008

          Central New York    1.103
          Mohawk Valley       1.000
          North Country       1.000
  (3)  The pupil need index shall equal the sum of one plus the extraor-
dinary needs percent, provided, however, that the pupil need index shall
not be less than one nor more than two. The extraordinary needs  percent
shall  be  calculated pursuant to paragraph w of subdivision one of this
section.
  (4) The expected minimum local contribution shall equal the lesser  of
(i)  the product of (A) the quotient arrived at when the selected actual
valuation is divided by total wealth foundation pupil units,  multiplied
by  (B)  the  product  of the local tax factor, multiplied by the income
wealth index, or (ii) the product of (A) the product of  the  foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B)  the  positive  difference,  if  any, of one minus the state sharing
ratio for total foundation aid. The local tax  factor  shall  be  estab-
lished by May first of each year by determining the product, computed to
four  decimal  places  without rounding, of ninety percent multiplied by
the quotient of the sum of the statewide average tax rate as computed by
the commissioner for the current year in accordance with the  provisions
of  paragraph  e of subdivision one of section thirty-six hundred nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner for the base year in accordance with  such  provisions  plus  the
statewide  average  tax  rate  computed by the commissioner for the year
prior to the base year in accordance with such  provisions,  divided  by
three,  provided  however  that for the two thousand seven--two thousand
eight school year, such local tax factor shall  be  sixteen  thousandths
(0.016), and provided further that for the two thousand eight--two thou-
sand  nine  school  year,  such  local  tax  factor shall be one hundred
fifty-four ten thousandths (0.0154). The income wealth  index  shall  be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected mini-
mum  local  contribution  the income wealth index shall not be less than
sixty-five percent (0.65) and shall not be more than two hundred percent
(2.0) and provided however that such income wealth index  shall  not  be
more  than  ninety-five  percent  (0.95) for the two thousand eight--two
thousand nine school year. The selected actual valuation shall be calcu-
lated pursuant to paragraph c of subdivision one of this section.  Total
wealth  foundation pupil units shall be calculated pursuant to paragraph
h of subdivision two of this section.
  b. Phase-in foundation increase. (1) The phase-in foundation  increase
shall  equal  the  product  of  the  phase-in foundation increase factor
multiplied by the greater of (i) the positive difference, if any, of (A)
the product of the total aidable foundation pupil  units  multiplied  by
the district's selected foundation aid less (B) the total foundation aid
base  for  aid  payable  in  the  two thousand seven--two thousand eight
school year computed pursuant to subparagraph  (i)  of  paragraph  j  of
subdivision  one  of  this  section  or (ii) the product of the phase-in
due-minimum percent multiplied by the total foundation aid base for  aid
payable  in  the  two  thousand  seven--two  thousand  eight school year
computed pursuant to subparagraph (i) of paragraph j of subdivision  one
of this section.
  (2)  For  the  two thousand seven--two thousand eight school year, the
phase-in foundation percent shall equal one  hundred  seven  and  sixty-
eight  hundredths  percent  (1.0768),  the  phase-in foundation increase

S. 2808                            19                            A. 4008

factor shall equal twenty percent (0.20), and the  phase-in  due-minimum
percent shall equal twelve and fifty-five hundredths percent (0.1255);
  for  the two thousand eight--two thousand nine school year, the phase-
in foundation percent  shall  equal  one  hundred  five  and  twenty-six
hundredths  percent  (1.0526),  the  phase-in foundation increase factor
shall equal thirty-seven and one-half percent (0.375), and the  phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255);
  for  the two thousand nine--two thousand ten school year, the phase-in
foundation percent shall equal one hundred two and five  tenths  percent
(1.025), the phase-in foundation increase factor shall equal thirty-sev-
en  and  one-half  percent (0.375), and the phase-in due-minimum percent
shall equal twelve and fifty-five hundredths percent (0.1255);
  for the two thousand ten--two thousand eleven school year, the  phase-
in  foundation  percent  shall  equal  one hundred seven and sixty-eight
hundredths percent (1.0768), the  phase-in  foundation  increase  factor
shall  equal thirty-seven and one-half percent (0.375), and the phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255);
  for the two thousand eleven--two  thousand  twelve  school  year,  the
phase-in  foundation  percent  shall  equal  [one  hundred  five and six
hundredths percent (1.0506)]  ONE  HUNDRED  THIRTEEN  AND  FOURTEEN  ONE
HUNDREDTHS  PERCENT  (1.1314),  the  phase-in foundation increase factor
shall equal [fifty-three and one-tenth percent (0.531)] THIRTY-SEVEN AND
ONE-HALF PERCENT (0.375), and the  phase-in  due-minimum  percent  shall
equal  [twelve  and fifty-five hundredths percent (0.1255)] NINETEEN AND
FORTY-ONE HUNDREDTHS PERCENT (0.1941); and
  for the two thousand twelve--two thousand thirteen  school  year,  the
phase-in  foundation  percent  shall  equal  [one  hundred  two and five
hundredths percent (1.0250)] ONE HUNDRED TEN AND THIRTY-EIGHT HUNDREDTHS
PERCENT (1.1038), the phase-in foundation increase  factor  shall  equal
[seventy-five percent (0.75)] THIRTY-SEVEN AND ONE-HALF PERCENT (0.375),
and  the phase-in due-minimum percent shall equal [twelve and fifty-five
hundredths percent (0.1255)] NINETEEN AND FORTY-ONE  HUNDREDTHS  PERCENT
(0.1941); AND
  FOR  THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, THE
PHASE-IN  FOUNDATION  PERCENT  SHALL  EQUAL  ONE   HUNDRED   SEVEN   AND
SIXTY-EIGHT   HUNDREDTHS   PERCENT  (1.0768),  THE  PHASE-IN  FOUNDATION
INCREASE FACTOR SHALL EQUAL FORTY-FIVE AND ONE-HALF PERCENT (0.455), AND
THE PHASE-IN DUE-MINIMUM PERCENT  SHALL  EQUAL  NINETEEN  AND  FORTY-ONE
HUNDREDTHS PERCENT (0.1941);
  FOR  THE  TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, THE
PHASE-IN FOUNDATION  PERCENT  SHALL  EQUAL  ONE  HUNDRED  FIVE  AND  SIX
HUNDREDTHS  PERCENT  (1.0506),  THE  PHASE-IN FOUNDATION INCREASE FACTOR
SHALL EQUAL SIXTY-ONE AND ONE-HALF PERCENT  (0.615),  AND  THE  PHASE-IN
DUE-MINIMUM  PERCENT  SHALL  EQUAL  NINETEEN  AND  FORTY-ONE  HUNDREDTHS
PERCENT (0.1941); AND
  FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN  SCHOOL  YEAR,  THE
PHASE-IN  FOUNDATION PERCENT SHALL EQUAL ONE HUNDRED TWO AND FIVE TENTHS
PERCENT (1.0250), THE PHASE-IN FOUNDATION INCREASE  FACTOR  SHALL  EQUAL
EIGHTY PERCENT (0.800), AND THE PHASE-IN DUE-MINIMUM PERCENT SHALL EQUAL
NINETEEN AND FORTY-ONE HUNDREDTHS PERCENT (0.1941).
  b-1.  Notwithstanding  any other provision of law to the contrary, for
the two thousand seven--two thousand eight through [two  thousand  thir-
teen--two  thousand fourteen] TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN
school years, the additional amount  payable  to  each  school  district

S. 2808                            20                            A. 4008

pursuant  to  this  subdivision  in the current year as total foundation
aid, after deducting the total foundation aid base, shall  be  deemed  a
state  grant  in  aid identified by the commissioner for general use for
purposes  of  sections seventeen hundred eighteen and two thousand twen-
ty-three of this chapter.
  S 27. The closing paragraph of subdivision 5-a of section 3602 of  the
education  law,  as amended by section 14 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
  For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the  product  of
fifteen  percent  and  the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand  eight  school
year.  For  the  two  thousand  nine--two thousand ten [and] THROUGH two
thousand [ten] TWELVE--two thousand [eleven] THIRTEEN school years, each
school district shall be entitled  to  an  apportionment  equal  to  the
amount  set  forth  for such school district as "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2008-09 BASE  YEAR  AIDS"  in  the  school  aid
computer  listing  produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten  school  year  and  entitled
"SA0910".
  S 28. The opening paragraph and paragraphs a, b and c of subdivision 6
of  section  3602 of the education law, the opening paragraph as amended
by chapter 416 of the laws of 2007, paragraph a as added by  chapter  57
of  the laws of 1993, the opening paragraph of paragraph a as amended by
chapter 260 of the laws of 1993, subparagraphs 1, 2 and 3 of paragraph a
as amended and subparagraph 4 of paragraph a as added by  section  5  of
part  A of chapter 60 of the laws of 2000, subparagraph 5 of paragraph a
as added by section 12, clause (ii) of subparagraph 2 of paragraph b  as
amended  by section 12-a and clause (c) of subparagraph 2 of paragraph c
as added by section 12-b of part L of chapter 57 of the  laws  of  2005,
paragraph  b  as  amended  by section 37 of part A of chapter 436 of the
laws of 1997, subparagraph 1 of paragraph b as amended by section 12 and
clause (i) of subparagraph 2 of paragraph b as amended by section 13  of
part  C  of  chapter  57  of the laws of 2004, paragraph c as amended by
chapter 474 of the laws of  1996,  subparagraph  2  of  paragraph  c  as
amended  by  section 13 of part L of chapter 405 of the laws of 1999 and
clause (b) of subparagraph 2 of paragraph c as amended by section 15  of
part  B  of  chapter  57  of  the  laws  of 2008, are amended to read as
follows:
  Any apportionment to a school district pursuant  to  this  subdivision
shall be based upon:
  (1) base year approved expenditures for capital outlays incurred prior
to  July  first, two thousand one from its general fund, capital fund or
reserved funds and
  (2) current year approved expenditures for debt service, including:
  (I) debt service for refunding bond issues eligible for an  apportion-
ment pursuant to paragraph g of this subdivision and
  (II)  lease  or other annual payments to the New York city educational
construction fund created by article ten of this chapter or the city  of
Yonkers  educational  construction fund created by article ten-B of this
chapter which have been pledged to secure the payment of bonds, notes or
other obligations issued by the fund to finance the construction, acqui-
sition, reconstruction, rehabilitation  or  improvement  of  the  school
portion of combined occupancy structures, or
  (III)  for  lease or other annual payments to the New York state urban
development corporation created by chapter one hundred  seventy-four  of

S. 2808                            21                            A. 4008

the  laws of nineteen hundred sixty-eight, pursuant to agreement between
such school district and such corporation relating to the  construction,
acquisition, reconstruction, rehabilitation or improvement of any school
building, or
  (IV)  for  annual  payments to the dormitory authority pursuant to any
lease, sublease or other agreement relating to the financing,  refinanc-
ing,  acquisition, design, construction, reconstruction, rehabilitation,
improvement, furnishing and  equipping  of,  or  otherwise  provide  for
school  district capital facilities or school district capital equipment
made under the provisions of  section  sixteen  hundred  eighty  of  the
public authorities law, or
  (V)  for  annual  payments  pursuant  to  any lease, sublease or other
agreement relating to the financing, refinancing,  acquisition,  design,
construction,  reconstruction,  rehabilitation,  improvement, furnishing
and equipping of, or otherwise providing for educational facilities of a
city school district under the provisions of section sixteen of  chapter
six hundred five of the laws of two thousand, or
  (VI)  for  payments,  pursuant to any assignment authorized by section
twenty-seven hundred ninety-nine-tt of the public  authorities  law,  of
debt service in furtherance of funding the five-year educational facili-
ties  capital  plan  of  the city of New York school district or related
debt service costs and expenses as set forth in such section, OR
  (VII) for annual payments pursuant to any  lease,  sublease  or  other
agreement   relating  to  the  financing,  refinancing,  design,  recon-
struction, rehabilitation, improvement, furnishing and equipping of,  or
otherwise  providing  for  projects  authorized  pursuant to the city of
Syracuse and the board of education of the city school district  of  the
city of Syracuse cooperative school reconstruction act, OR
  (VIII)  for  annual  payments pursuant to any lease, sublease or other
agreement  relating  to  the  financing,  refinancing,  design,   recon-
struction,  rehabilitation, improvement, furnishing and equipping of, or
otherwise providing for projects authorized  pursuant  to  the  city  of
Rochester  and the board of education of the city school district of the
city of Rochester school facilities modernization program act, or
  (IX) for lease, lease-purchase or other  annual  payments  to  another
school  district  or  person,  partnership or corporation pursuant to an
agreement made under the provisions of  section  four  hundred  three-b,
subdivision  eight  of section twenty-five hundred three, or subdivision
six of section twenty-five hundred fifty-four of this chapter,  provided
that the apportionment for such lease or other annual payments under the
provisions of section four hundred three-b, subdivision eight of section
twenty-five  hundred  three,  or  subdivision six of section twenty-five
hundred fifty-four of this chapter, other than payments under  a  lease-
purchase  agreement  or  an  equivalent  agreement,  shall be based upon
approved expenditures in the current year.
  Approved expenditures for capital outlays  from  a  school  district's
general  fund,  capital  fund  or reserved funds that are incurred on or
after July first, two thousand two, and  are  not  aidable  pursuant  to
subdivision  six-f  of  this  section,  shall be aidable as debt service
under an assumed amortization established pursuant to paragraphs e and j
of this subdivision. In any such case  approved  expenditures  shall  be
only  for  new construction, reconstruction, purchase of existing struc-
tures, for site purchase and improvement, for new garages, for  original
equipment,  furnishings,  machinery,  or apparatus, and for professional
fees and other costs incidental to such construction or  reconstruction,
or purchase of existing structures. In the case of a lease or lease-pur-

S. 2808                            22                            A. 4008

chase agreement entered pursuant to section four hundred three-b, subdi-
vision  eight of section twenty-five hundred three or subdivision six of
section twenty-five hundred fifty-four of this chapter, approved expend-
itures  for  the  lease  or  other annual payments shall not include the
costs of heat, electricity, water or other utilities  or  the  costs  of
operation  or maintenance of the leased facility. An apportionment shall
be available pursuant  to  this  subdivision  for  construction,  recon-
struction, rehabilitation or improvement in a building, or portion ther-
eof,  being  leased by a school district only if the lease is for a term
of at least ten years subsequent to the date of the general construction
contract  for  such  construction,  reconstruction,  rehabilitation   or
improvement.  Each  school  district  shall  prepare a five year capital
facilities plan, pursuant to regulations developed by  the  commissioner
for such purpose, provided that in the case of a city school district in
a  city  having  a  population  of one million inhabitants or more, such
facilities plan shall comply with the provisions of section  twenty-five
hundred  ninety-p  of this chapter and this subdivision. Such plan shall
include, but not be limited to,  a  building  inventory,  and  estimated
expense of facility needs, for new construction, additions, alterations,
reconstruction,  major  repairs,  energy  consumption and maintenance by
school building, as appropriate. Such five year  plan  shall  include  a
priority  ranking  of  projects  and  shall  be  amended if necessary to
reflect subsequent on-site evaluations of facilities conducted by  state
supported contractors.
  a.  For  capital  outlays for such purposes first incurred on or after
July first,  nineteen  hundred  sixty-one  and  debt  service  for  such
purposes  first incurred on or after July first, nineteen hundred sixty-
two, WHERE SUCH EXPENDITURES ARE INCURRED FOR PROJECTS APPROVED  BY  THE
COMMISSIONER  PRIOR  TO  FEBRUARY  FIRST,  TWO  THOUSAND  ELEVEN AND FOR
COMPETITIVE CONSTRUCTION FUND PROJECTS APPROVED BY THE  COMMISSIONER  ON
OR  AFTER  FEBRUARY  FIRST,  TWO  THOUSAND  ELEVEN,  the actual approved
expenditures less the amount of civil defense aid received  pursuant  to
the  provisions  of section thirty-five of chapter seven hundred eighty-
four of the laws of nineteen  hundred  fifty-one  as  amended  shall  be
allowed  for purposes of apportionment under this subdivision but not in
excess of the following schedule of cost allowances:
  (1) For new construction and the purchase of existing structures,  the
cost  allowances  shall be based upon the rated capacity of the building
or addition and a basic per pupil allowance of up to six thousand  three
hundred  seventy-five  dollars  adjusted  monthly  by  a statewide index
reflecting changes in the cost of labor and materials since July  first,
nineteen  hundred  ninety-two, established by the commissioner of labor,
modified by an annual county or multi-county labor market composite wage
rate, established by the commissioner of labor in consultation with  the
commissioner,  for  July  first of the base year, commencing July first,
nineteen hundred ninety-seven for general construction contracts awarded
on or after July first, nineteen hundred ninety-eight,  indexed  to  the
median  of  such  county  or  multi-county rates, but not less than one.
Such base allowance shall apply to a building  or  an  addition  housing
grades  prekindergarten through six and shall be adjusted for a building
or an addition housing grades seven through nine by a factor of one  and
four-tenths,  for a building or an addition housing grades seven through
twelve by a factor of one and five-tenths, for a  building  or  addition
housing special education programs by a factor of two, except that where
such  building  or  addition  is  connected to, or such space is located
within, a  public  school  facility  housing  programs  for  nondisabled

S. 2808                            23                            A. 4008

pupils,  as  approved  by  the  commissioner, a factor of three shall be
used. Rated capacity of a building or an addition shall be determined by
the commissioner based on space standards  and  other  requirements  for
building  construction  specified  by  the commissioner.   Such assigned
capacity ratings shall include, in addition to those spaces used for the
instruction of pupils, those spaces which are used  for  elementary  and
secondary  school  libraries,  cafeterias, prekindergarten instructional
rooms, teachers' conference rooms, gymnasiums and auditoriums.  For  new
construction  projects approved on or after July first, two thousand, by
the voters of the school district or by the board of education of a city
school district in a city with more than one hundred  twenty-five  thou-
sand  inhabitants,  and/or the chancellor in a city school district in a
city having a population of one million or more, such rated capacity for
new buildings and additions constructed to  replace  existing  buildings
that,  in  the  judgment  of  the commissioner, have not been adequately
maintained and have not reached their projected  useful  life  shall  be
reduced  by  the commissioner by an amount proportional to the remaining
unused portion of the useful life of the  existing  buildings,  provided
however  that the commissioner may waive such requirement upon a finding
that replacement of the existing building is necessary  to  protect  the
health  and safety of students or staff, that reconstruction and modern-
ization of the existing  building  would  not  adequately  address  such
health  and  safety  problems, and that the need to replace the building
was not caused by failure to adequately maintain the  building.  If  the
commissioner  of  labor resets the statewide index reflecting changes in
the costs of labor and materials  since  July  first,  nineteen  hundred
ninety-two,  the  commissioner  shall adopt regulations to supersede the
basic per pupil allowance of up to six thousand three  hundred  seventy-
five dollars to the imputed allowance in effect at that time.
  (2)  Where a school district has expenditures for site purchase, grad-
ing or improvement of the site, original furnishings, equipment, machin-
ery or apparatus, or professional fees, or other incidental  costs,  the
cost allowances for new construction and the purchase of existing struc-
tures  may be increased by the actual expenditures for such purposes but
by not more than:
  (I) FOR PROJECTS APPROVED PRIOR TO FEBRUARY FIRST, TWO THOUSAND ELEVEN
BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION  OF  A
CITY  SCHOOL  DISTRICT  IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE
THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN
A CITY HAVING A POPULATION OF ONE MILLION OR MORE, AN  AMOUNT  EQUAL  TO
the  product  of  the  applicable cost allowance established pursuant to
subparagraph one of this paragraph and  twenty  per  centum  for  school
buildings or additions housing grades prekindergarten through six and by
not  more  than  the  product of such cost allowance and twenty-five per
centum for school buildings or additions housing  grades  seven  through
twelve and by not more than the product of such cost allowance and twen-
ty-five  per  centum  for  school buildings or additions housing special
education programs as approved by the commissioner, AND
  (II) FOR PROJECTS APPROVED ON OR AFTER FEBRUARY  FIRST,  TWO  THOUSAND
ELEVEN BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION
OF  A  CITY  SCHOOL  DISTRICT  IN  A  CITY  WITH  MORE  THAN ONE HUNDRED
TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL
DISTRICT IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR  MORE,  AND
INCLUDED  IN  THE COMPETITIVE CONSTRUCTION FUND PURSUANT TO SUBPARAGRAPH
SIX OF THIS PARAGRAPH, AN AMOUNT EQUAL TO THE PRODUCT OF THE  LESSER  OF
THE  COST  ALLOWANCE COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF THIS PARA-

S. 2808                            24                            A. 4008

GRAPH OR THE ACTUAL COSTS RELATING  TO  THE  CONSTRUCTION,  ACQUISITION,
RECONSTRUCTION,  REHABILITATION  OR IMPROVEMENT OF A SCHOOL BUILDING AND
TWENTY PER CENTUM FOR SCHOOL BUILDINGS OR ADDITIONS HOUSING GRADES PREK-
INDERGARTEN  THROUGH SIX AND BY NOT MORE THAN THE PRODUCT OF SUCH LESSER
AMOUNT AND TWENTY-FIVE PER CENTUM FOR  SCHOOL,  BUILDINGS  OR  ADDITIONS
HOUSING  GRADES SEVEN THROUGH TWELVE AND BY NOT MORE THAN THE PRODUCT OF
SUCH LESSER AMOUNT AND TWENTY-FIVE PER CENTUM FOR  SCHOOL  BUILDINGS  OR
ADDITIONS  HOUSING SPECIAL EDUCATION PROGRAMS AS APPROVED BY THE COMMIS-
SIONER.
  (3) Cost allowances for reconstructing or modernizing structures shall
not exceed one hundred per centum of the cost allowances for the  equiv-
alent  new  construction over the projected useful life of the building,
to be determined in accordance with the regulations of the commissioner.
Reconstruction projects shall reasonably meet the  criteria  established
for  new  construction,  including  but  not  limited  to  energy, fire,
personal safety and space per pupil standards.
  (4) The commissioner  shall  promulgate  regulations  prescribing  the
methodology for establishing a multi-year cost allowance for the purpose
of  computation  of building aid to school districts and a procedure for
school districts to appeal the determination that  a  building  has  not
been  adequately  maintained, as required by subparagraphs one and three
of this paragraph. Such methodology shall include the development  of  a
building  replacement  cost  allowance  schedule  for the replacement of
major building systems of a building over its projected useful life  and
the  construction  of new buildings and additions for projects that have
been approved on or after July first, two thousand by the voters of  the
school  district  or by the board of education of a city school district
in a city with more than one hundred twenty-five  thousand  inhabitants,
and/or the chancellor in a city school district in a city having a popu-
lation  of one million or more. For purposes of this subdivision, "major
building systems" shall mean the electrical, plumbing,  heating,  venti-
lation and air conditioning systems, and the roof and other major struc-
tural elements of a school building.
  (5)  For  costs  relating  to  the  construction,  acquisition, recon-
struction or leases of any school building project conducted  by  or  on
behalf  of  a  city school district in a city having a population of one
million inhabitants or more, where a general construction  contract  has
been  awarded  or a purchase or lease agreement was executed on or after
July first, two thousand four, the cost allowance for such project shall
include: (a) construction and incidental  costs  where  such  costs  are
associated with multistory construction necessitated by substandard site
sizes,  site  security costs, difficulties with delivery of construction
supplies, increased fire [resistence] RESISTANCE  and  fire  suppression
costs,  and (b) site acquisition, environmental remediation and building
demolition costs, provided, however, that costs which are  eligible  for
an  apportionment pursuant to this subparagraph on or before July first,
two thousand six shall be deemed to be debt service for the two thousand
five--two thousand six school year on new bonds and capital notes  aida-
ble in July following the current year pursuant to clause (b) of subpar-
agraph one of paragraph f of this subdivision.
  On  or before January first, two thousand nine, the commissioner shall
report to the director of the budget, the chair of  the  senate  finance
committee  and the chair of the assembly ways and means committee on the
projects which received funding  pursuant  to  the  provisions  of  this
subparagraph, and the overall implementation of this subparagraph.

S. 2808                            25                            A. 4008

  (6)  FOR  PROJECTS  APPROVED  ON OR AFTER FEBRUARY FIRST, TWO THOUSAND
ELEVEN, THE COMPETITIVE CONSTRUCTION FUND SHALL BE  COMPRISED  OF  THOSE
PROJECTS   SELECTED   BY   THE   COMMISSIONER   WITHIN  THE  COMPETITIVE
CONSTRUCTION CEILING AND THOSE PROJECTS  SELECTED  BY  THE  COMMISSIONER
WITHIN THE EMERGENCY PROJECT CEILING.
  (I)  FOR  THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AND
THEREAFTER, THE COMPETITIVE CONSTRUCTION CEILING SHALL  BE  TWO  BILLION
DOLLARS  ($2,000,000,000).   PROJECT ELIGIBILITY PURSUANT TO THIS CLAUSE
WILL BE PRIORITIZED ON THE  BASIS  OF  THE  BUILDING  CONDITION  SURVEYS
SUBMITTED  PURSUANT TO SUBDIVISION SIX-E OF THIS SECTION AND SUBDIVISION
FOUR OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, THE AGE OF
THE  BUILDING  AND  THE  OVERALL  NEEDS  OF  THE  DISTRICT.  COMPETITIVE
CONSTRUCTION  PROJECTS  SHALL  HAVE  BEEN  APPROVED BY THE VOTERS OF THE
SCHOOL DISTRICT OR APPROVED BY THE TRUSTEES OR BOARD  OF  EDUCATION  FOR
SCHOOL  DISTRICTS  WHERE  VOTER  APPROVAL  IS NOT REQUIRED, AND SHALL BE
CATEGORIZED BY THE FOLLOWING CLASSIFICATIONS:
  (A) FIRST TIER PROJECTS SHALL BE NECESSARY TO INSURE  THE  HEALTH  AND
SAFETY  OF  THE BUILDING'S OCCUPANTS OR OF NEIGHBORING RESIDENTS THROUGH
REMEDIATION OF SPECIFIC HAZARDS IDENTIFIED BY THE DEPARTMENT  OF  HEALTH
AND  DEFICIENCIES  IDENTIFIED  BY  FIRE  SAFETY  INSPECTIONS, OR THROUGH
CORRECTION OF CODE DEFICIENCIES THAT ARE DETERMINED TO BE  HAZARDOUS  TO
HEALTH  OR  SAFETY  AND  ARE  IDENTIFIED THROUGH SUCH BUILDING CONDITION
SURVEY;
  (B) SECOND TIER PROJECTS SHALL BE NECESSARY  TO  AMELIORATE  IMMEDIATE
OVERCROWDING, AS DEFINED BY THE COMMISSIONER, IN THE SCHOOL DISTRICT;
  (C)  THIRD  TIER  PROJECTS  SHALL  BE NECESSARY TO REPLACE OR RENOVATE
SCHOOL BUILDINGS THAT HAVE BEEN IN USE FOR MORE THAN FORTY YEARS,  WHERE
SUCH  PROJECTS  DO  NOT  INCLUDE  A  CAPACITY  INCREASE GREATER THAN TEN
PERCENT OF THE GROSS FLOOR AREA AND WHERE SUCH  SCHOOL  DISTRICT  HAS  A
NEEDS-RESOURCE  INDEX  IN EXCESS OF THE STATEWIDE MEDIAN, AS ESTABLISHED
BY THE COMMISSIONER;
  (D) FOURTH TIER PROJECTS SHALL BE PROJECTS TO  MODERNIZE  OR  RENOVATE
SCHOOL  BUILDINGS THAT HAVE BEEN IN USE FOR AT LEAST TWENTY YEARS, WHERE
SUCH PROJECTS DO NOT  INCLUDE  A  CAPACITY  INCREASE  GREATER  THAN  TEN
PERCENT  OF  THE  GROSS  FLOOR AREA AND WHERE SUCH SCHOOL DISTRICT HAS A
NEEDS-RESOURCE INDEX IN EXCESS OF THE STATEWIDE MEDIAN,  AS  ESTABLISHED
BY THE COMMISSIONER;
  (E)  FIFTH TIER PROJECTS SHALL BE PROJECTS TO ADD SIGNIFICANT CAPACITY
WHERE THE MAJORITY OF SUCH ADDED  CAPACITY  IS  USED  TO  AUGMENT  BASIC
EDUCATIONAL  SPACE  SUCH  AS  CLASSROOMS  AND  LABORATORIES, OR BUILDING
SYSTEM RENOVATIONS WHICH ARE DESIGNED TO EXTEND THE USEFUL LIFE  OF  THE
BUILDING  BY AT LEAST FIFTEEN YEARS AND WHERE SUCH SCHOOL DISTRICT HAS A
NEEDS-RESOURCE INDEX IN EXCESS OF THE STATEWIDE MEDIAN,  AS  ESTABLISHED
BY THE COMMISSIONER.
  (F)  SIXTH  TIER  PROJECTS  SHALL  BE PROJECTS THAT HAVE NOT BEEN MADE
ELIGIBLE PURSUANT TO SUBCLAUSES (A), (B), (C), (D) OR (E) OF THIS CLAUSE
AND ARE NOT INELIGIBLE FOR BUILDING AID PURSUANT  TO  SUBCLAUSE  (G)  OF
THIS CLAUSE.
  (G)  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS CLAUSE, PROJECTS TO
MODERNIZE OR RENOVATE SCHOOL BUILDINGS THAT HAVE BEEN IN  USE  FOR  LESS
THAN  TWENTY YEARS; PROJECTS TO RENOVATE OR RECONSTRUCT SPACE LEASED FOR
NON-SCHOOL DISTRICT PURPOSES, EXCLUDING SPACE LEASED TO BOARDS OF  COOP-
ERATIVE  EDUCATIONAL  SERVICES;  AND  PROJECTS  TO CORRECT DESIGN FLAWS,
ERRORS OR OMISSIONS AND IMPROPER CONSTRUCTION SHALL NOT BE ELIGIBLE  FOR
AN APPORTIONMENT OF BUILDING AID PURSUANT TO THIS CLAUSE.

S. 2808                            26                            A. 4008

  WITHIN  EACH  TIER  CATEGORY,  PROJECTS  SHALL  BE RANKED FIRST BY THE
DISTRICT'S NEED RESOURCE INDEX, THEN BY THE ADJUSTED AGE OF  THE  BUILD-
ING.  PROJECTS  SHALL  BE  SELECTED  FOR  INCLUSION  IN  THE COMPETITIVE
CONSTRUCTION FUND IN RANK ORDER, FIRST FROM FIRST  TIER  PROJECTS,  THEN
FROM  SECOND  TIER  PROJECTS,  THEN  FROM THIRD TIER PROJECTS, THEN FROM
FOURTH TIER PROJECTS, THEN FROM FIFTH TIER  PROJECTS,  THEN  FROM  SIXTH
TIER  PROJECTS. SUCH DETERMINATION SHALL BE MADE PURSUANT TO REGULATIONS
OF THE COMMISSIONER ON A QUARTERLY BASIS,  ON  THE  FIRST  BUSINESS  DAY
FOLLOWING  FEBRUARY  FIFTEENTH,  THE  FIRST  BUSINESS  DAY FOLLOWING MAY
FIFTEENTH, THE FIRST BUSINESS DAY FOLLOWING  AUGUST  FIFTEENTH  AND  THE
FIRST BUSINESS DAY FOLLOWING NOVEMBER FIFTEENTH. ANY SCHOOL DISTRICT NOT
IN  A  CITY HAVING A POPULATION OF ONE MILLION OR MORE SHALL BE ELIGIBLE
TO RECEIVE A MAXIMUM OF TWENTY PERCENT OF THE FUNDS  AVAILABLE  PURSUANT
TO  THIS  PARAGRAPH.  ANY  CITY SCHOOL DISTRICT IN A CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE SHALL BE ELIGIBLE TO RECEIVE A MAXIMUM  OF
FIFTY  PERCENT  OF  THE  FUNDS  AVAILABLE  PURSUANT  TO  THIS  PARAGRAPH
PROVIDED, HOWEVER, THAT IN THE EVENT THAT ANY SUCH  CITY  HAS  NOT  MADE
APPLICATION  FOR  AND  BEEN  AWARDED  SUCH FUNDS AS OF APRIL FIRST, THEY
SHALL BE MADE AVAILABLE FOR OTHER PROJECTS ELIGIBLE FOR FUNDING PURSUANT
TO THIS CLAUSE.
  (II) FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR  AND
THEREAFTER,  THE  EMERGENCY  PROJECT  CEILING  SHALL  BE  THIRTY MILLION
DOLLARS ($30,000,000). PROJECT ELIGIBILITY PURSUANT TO THIS CLAUSE SHALL
BE CONSTRUCTION EMERGENCY PROJECTS THAT ARE REVIEWED BY THE STATE EDUCA-
TION DEPARTMENT AT THE REQUEST OF THE SCHOOL DISTRICT AND ARE DETERMINED
TO BE NECESSARY TO REMEDIATE EMERGENCY SITUATIONS WHICH ARISE IN  PUBLIC
SCHOOL BUILDINGS AND THREATEN THE HEALTH AND/OR SAFETY OF BUILDING OCCU-
PANTS,  AS  A RESULT OF THE UNANTICIPATED DISCOVERY OF ASBESTOS OR OTHER
HAZARDOUS SUBSTANCES DURING CONSTRUCTION WORK ON A SCHOOL OR SIGNIFICANT
DAMAGE CAUSED BY A FIRE, SNOW STORM, ICE  STORM,  EXCESSIVE  RAIN,  HIGH
WIND, FLOOD OR SIMILAR CATASTROPHIC EVENT WHICH RESULTS IN THE NECESSITY
FOR  IMMEDIATE REPAIR. IF FUNDS MADE AVAILABLE PURSUANT TO THIS SUBPARA-
GRAPH REMAIN UNALLOCATED AS OF APRIL FIRST, THEY SHALL BE MADE AVAILABLE
FOR COMPETITIVE CONSTRUCTION PROJECTS ELIGIBLE FOR FUNDING  PURSUANT  TO
CLAUSE  (A)  OF  THIS  SUBPARAGRAPH.  IF,  UPON SUBSEQUENT REVIEW OF THE
PROJECT, IT IS DEEMED  NOT  TO  HAVE  BEEN  AN  EMERGENCY  PROJECT,  THE
DISTRICT  SHALL HAVE ITS APPORTIONMENTS PAYABLE PURSUANT TO THIS SECTION
REDUCED BY THE AMOUNT OF ANY APPORTIONMENTS PREVIOUSLY PAID PURSUANT  TO
THIS  CLAUSE  FOR  SUCH  PROJECT, AND SUCH PROJECT SHALL BE ELIGIBLE FOR
FUNDING PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH.
  b. (1) The apportionment for school building purposes to any  district
shall  be  determined  by adding the amount of its current year approved
expenditures for lease or other annual payments under the provisions  of
section  four  hundred three-b, subdivision eight of section twenty-five
hundred three, or subdivision six of section twenty-five hundred  fifty-
four  of this chapter, other than payments under a lease-purchase agree-
ment or an equivalent agreement, plus the amount  of  its  current  year
approved  expenditures under an assumed amortization for capital outlays
for school building purposes from its general fund, capital fund or from
a reserve fund to the amount of its current year  approved  expenditures
for  debt  service  for such purposes and multiplying the sum by its aid
ratio. Expenditures made  for  computer  equipment,  including  original
purchase  and installation of hardware, conduit, wiring, and powering of
hardware installations  in  computer  classrooms,  or  for  building  or
campuswide  local area network systems and in-building elements of other
wide area networks, including the original purchase and installation  of

S. 2808                            27                            A. 4008

conduit, wiring, and powering of hardware installations, may be included
in  approved expenditures for building aid pursuant to this paragraph on
the approval of the commissioner regardless of any minimum cost require-
ment that may be applied to other approved expenditures pursuant to this
section.  Such equipment expenses claimed for aid under this subdivision
shall not be claimed for aid under any other provisions of this chapter.
  (2) Additional apportionment for  certain  school  building  projects.
(i) Eligibility. All school building projects (a) approved by the voters
of  the  school  district or (b) approved by the board of education of a
city school district in a city with more than  one  hundred  twenty-five
thousand inhabitants, and/or the chancellor in a city school district in
a  city having a population of one million or more or (c) in the case of
a construction emergency project, approved by the board of education  of
any  school district or by the chancellor in a city school district in a
city having a population of one million or more, for  projects  approved
on or after July first, nineteen hundred ninety-eight, shall be eligible
for  an  additional  apportionment  pursuant to this subparagraph to the
extent that expenditures for such projects are otherwise aidable  pursu-
ant  to  this subdivision, provided that where such projects are leases,
such projects would only be aidable pursuant to this subdivision follow-
ing the approval of the voters of the school district  if  entered  into
pursuant  to  section  four  hundred  three-b  of the education law, and
provided that for all such projects so approved on or after July  first,
two  thousand, expenditures directly related to swimming pools shall not
be eligible for such additional apportionment, and further provided that
for the purposes of this subdivision a  construction  emergency  project
shall  mean  a  school  construction  project  approved on or after July
first, two thousand, to remediate emergency situations  which  arise  in
public  school buildings and threaten the health and/or safety of build-
ing occupants, as a result of the unanticipated discovery of asbestos or
other hazardous substances during  construction  work  on  a  school  or
significant  damage  caused  by a fire, snow storm, ice storm, excessive
rain, high wind, flood or similar catastrophic event  which  results  in
the necessity for immediate repair.
  (ii)  Apportionment.  The  apportionment pursuant to this subparagraph
shall equal the product of such eligible approved expenses determined in
accordance with the provisions of clause (i) of  this  subparagraph  and
this  section  and the incentive decimal computed for use in the year in
which the project was approved. The incentive decimal  shall  equal  the
positive  remainder  resulting  when  the  district's building aid ratio
selected pursuant to paragraph c of this subdivision is subtracted  from
the  enhanced  building aid ratio. The enhanced building aid ratio shall
equal the sum of the building aid ratio selected for use in the  current
year pursuant to paragraph c of this subdivision and one-tenth, computed
to  three  decimals without rounding, but not more than (a) ninety-eight
hundredths for a high need school district, as defined pursuant to regu-
lations of the commissioner, for all school building  projects  approved
by  the  voters of the school district or by the board of education of a
city school district in a city with more than  one  hundred  twenty-five
thousand inhabitants, and/or the chancellor in a city school district in
a  city  having  a  population  of one million or more, on or after July
first, two thousand five, or (b) ninety-five hundredths  for  any  other
school building project or school district, nor less than one-tenth.
  c.  (1)  For  aid  payable in the school year nineteen hundred ninety-
three--ninety-four and earlier, any  school  district  may  compute  aid
under  the  provisions  of this subdivision, or under FORMER subdivision

S. 2808                            28                            A. 4008

six of section thirty-six hundred  one-a  of  this  article,  using  the
building aid ratio computed for use in the current year or the aid ratio
computed for use in any year commencing with the nineteen hundred eight-
y-one--eighty-two  school  year as computed by the commissioner based on
data on file with the education department as of  July  first,  nineteen
hundred  ninety-six, and; provided that, school districts who are eligi-
ble for aid under paragraph f of subdivision fourteen  of  this  section
may  compute  aid under the provisions of this subdivision using the aid
ratio so computed for the reorganized district or the highest of the aid
ratios so computed for any of  the  individual  school  districts  which
existed prior to the date of the reorganized school district.
  (2)  (a)  For aid payable in the school years nineteen hundred ninety-
four--ninety-five  and  thereafter  for  all  school  building  projects
approved  by the voters of the school district or by the board of educa-
tion of a city school district in a city  with  more  than  one  hundred
twenty-five thousand inhabitants, and/or the chancellor in a city school
district  in  a  city having a population of one million or more, before
July first, two thousand, any school district may compute aid under  the
provisions of this subdivision using the building aid ratio computed for
use  in  the  current year or the aid ratio computed for use in any year
commencing with the nineteen hundred eighty-one--eighty-two school  year
as  such  earlier  aid  ratios are computed by the commissioner based on
data on file with the education department on or before  July  first  of
the  third  school  year following the school year in which aid is first
payable; provided that, school districts who are eligible for aid  under
paragraph  f  of  subdivision  fourteen  of this section may compute aid
under the provisions of this subdivision using the aid ratio so computed
for the reorganized district  or  the  highest  of  the  aid  ratios  so
computed  for any of the individual school districts which existed prior
to the date of the reorganized school district.
  (b) For aid payable in the school years two thousand--two thousand one
and thereafter for all school building projects approved by  the  voters
of  the  school  district  or by the board of education of a city school
district in a city with  more  than  one  hundred  twenty-five  thousand
inhabitants,  and/or  the chancellor in a city school district in a city
having a population of one million or more, on or after July first,  two
thousand  AND  BEFORE  FEBRUARY  FIRST,  TWO THOUSAND ELEVEN, any school
district shall compute aid under  the  provisions  of  this  subdivision
using  the sum of the high-need supplemental building aid ratio, if any,
computed pursuant to clause (c) of this subparagraph and the greater  of
(i) the building aid ratio computed for use in the current year; or (ii)
a  building  aid ratio equal to the difference of the aid ratio that was
used or that would have been used to compute an  apportionment  pursuant
to  this  subdivision  in the nineteen hundred ninety-nine--two thousand
school year as such aid ratio is computed by the commissioner  based  on
data  on  file  with the department on or before July first of the third
school year following the school year in which  aid  is  first  payable,
less  one-tenth; or (iii) for all such school building projects approved
by the voters of the school district or by the board of education  of  a
city  school  district  in a city with more than one hundred twenty-five
thousand inhabitants, and/or the chancellor in a city school district in
a city having a population of one million or  more,  on  or  after  July
first,  two thousand and on or before June thirtieth, two thousand four,
for any school district for which the pupil wealth ratio is greater than
two and five-tenths in the school year in  which  such  school  building
project  was  approved  by  the  voters of the school district or by the

S. 2808                            29                            A. 4008

board of education of a city school district in a city  with  more  than
one hundred twenty-five thousand inhabitants, and/or the chancellor in a
city  school  district  in  a city having a population of one million or
more  and for which the alternate pupil wealth ratio is less than eight-
y-five hundredths in such school year, and for all such school  building
projects  approved  by the voters of the school district or by the board
of education of a city school district in a  city  with  more  than  one
hundred  twenty-five  thousand  inhabitants,  and/or the chancellor in a
city school district in a city having a population  of  one  million  or
more,  on  or  after July first, two thousand five and on or before June
thirtieth, two thousand eight, for any school  district  for  which  the
pupil wealth ratio was greater than two and five-tenths in the two thou-
sand--two  thousand  one  school  year and for which the alternate pupil
wealth ratio was less than eighty-five hundredths in the two  thousand--
two  thousand  one  school  year,  the  additional  building  aid ratio;
provided that, school districts who are eligible for aid under paragraph
f of subdivision fourteen of this section  may  compute  aid  under  the
provisions  of  this  subdivision using the difference of the highest of
the aid ratios so computed for the reorganized district or  the  highest
of the aid ratios so computed for any of the individual school districts
which  existed prior to the date of the reorganized school district less
one-tenth.
  (c) For aid payable in the school years two thousand  five--two  thou-
sand six and thereafter for all school building projects approved by the
voters  of  the  school  district or by the board of education of a city
school district in a city with more than one hundred  twenty-five  thou-
sand  inhabitants,  and/or the chancellor in A city school district in a
city having a population of one million or more, on or after July first,
two thousand five, high need school districts, as  defined  pursuant  to
regulations of the commissioner, may compute aid under the provisions of
this  subdivision  using  the high-need supplemental building aid ratio,
which shall be the lesser of (A) the product, computed to three decimals
without rounding, of the greater of the  building  aid  ratios  computed
pursuant  to subclauses i, ii and iii of clause (b) of this subparagraph
multiplied by five percent, or (B) the  positive  remainder  of  ninety-
eight  one-hundredths  less  the  greater  of  the  building  aid ratios
computed pursuant to subclauses i, ii and iii  of  clause  (b)  of  this
subparagraph.
  (D) FOR AID PAYABLE IN THE SCHOOL YEARS TWO THOUSAND ELEVEN--TWO THOU-
SAND  TWELVE AND THEREAFTER FOR ALL SCHOOL BUILDING PROJECTS APPROVED BY
THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY
SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED  TWENTY-FIVE  THOU-
SAND  INHABITANTS,  AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A
CITY HAVING A POPULATION OF ONE MILLION OR MORE, ON  OR  AFTER  FEBRUARY
FIRST,  TWO THOUSAND ELEVEN, ANY SCHOOL DISTRICT SHALL COMPUTE AID UNDER
THE PROVISIONS OF THIS  SUBDIVISION  USING  THE  SUM  OF  THE  HIGH-NEED
SUPPLEMENTAL BUILDING AID RATIO, IF ANY, COMPUTED PURSUANT TO CLAUSE (C)
OF  THIS SUBPARAGRAPH AND THE BUILDING AID RATIO COMPUTED FOR USE IN THE
CURRENT YEAR.
  S 29. Clause (c) of subparagraph 1 of paragraph e of subdivision 6  of
section  3602  of the education law, as amended by section 3 of part A-3
of chapter 58 of the laws of 2006, is amended to read as follows:
  (c) By the first day of September of the current year the  comptroller
of  the  city of New York shall provide to the commissioner an analysis,
as prescribed by the commissioner, of the actual average  interest  rate
applied to all capital debt incurred by the city of New York AND THE NEW

S. 2808                            30                            A. 4008

YORK CITY TRANSITIONAL FINANCE AUTHORITY for school purposes [(or by the
New  York city transitional finance authority for school purposes, if no
such capital debt is incurred by the city of New York)] during the  base
year  and  of the estimated average interest rate applied to all capital
debt to be incurred by the city of New York AND THE NEW YORK CITY  TRAN-
SITIONAL FINANCE AUTHORITY for school purposes [(or by the New York city
transitional  finance  authority for school purposes, if no such capital
debt is incurred by the city of New York)] during the current year. Upon
approval by the commissioner such actual average interest rate shall  be
established  as  the  interest  rate applicable to the base year for the
purposes of this subparagraph and subparagraph two  of  this  paragraph,
and  such  estimated  average  interest rate shall be tentatively estab-
lished as the interest rate applicable to the current year, except  that
all  apportionments of aid payable during the current year based on such
estimated average interest rate shall be recalculated in  the  following
year and adjusted as appropriate based on the appropriate actual average
interest rate then established by the commissioner.
  S  30. Clause (d) of subparagraph 5 of paragraph e of subdivision 6 of
section 3602 of the education law, as added by section 55-a of part A of
chapter 57 of the laws of 2009, is amended to read as follows:
  (d) Notwithstanding any other law, rule or regulation to the contrary,
any interest rate calculated under  this  subdivision  shall  take  into
account  any federal subsidy payments made or to be made to the applica-
ble [issuer] SCHOOL DISTRICT OR  AN  ISSUER  ON  BEHALF  OF  THE  SCHOOL
DISTRICT under the terms of a federally authorized debt instrument which
have  the effect of reducing the actual interest costs incurred by [such
issuer] THE SCHOOL DISTRICT  OR  AN  ISSUER  ON  BEHALF  OF  THE  SCHOOL
DISTRICT over the life of such capital debt, irrespective of any federal
government right of set-off.
  S  31.  Paragraph  e of subdivision 6 of section 3602 of the education
law is amended by adding a new subparagraph 8 to read as follows:
  (8) NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW  TO  THE  CONTRARY,
WHERE,  DURING  THE PERIOD OF ASSUMED AMORTIZATION RELATING TO A PROJECT
FOR THE CONSTRUCTION,  ACQUISITION,  RECONSTRUCTION,  REHABILITATION  OR
IMPROVEMENT  OF A SCHOOL BUILDING, THE SCHOOL BUILDING IS SOLD OR OWNER-
SHIP IS OTHERWISE  TRANSFERRED  TO  AN  ENTITY  OTHER  THAN  THE  SCHOOL
DISTRICT  OR  CITY  AND  SUCH TRANSFER RESULTS IN THE BUILDING NO LONGER
BEING OPERATED BY THE SCHOOL DISTRICT AS A PUBLIC ELEMENTARY OR  SECOND-
ARY  SCHOOL  THAT  IS NOT INDEPENDENT OR AUTONOMOUS, THE DISTRICT SHALL,
WITHIN SIXTY DAYS OF THE TRANSFER OF OWNERSHIP, NOTIFY THE  COMMISSIONER
OF  SUCH SALE OR TRANSFER, AND SHALL PROVIDE SUCH ADDITIONAL INFORMATION
ABOUT THE SALE OR TRANSFER AS THE COMMISSIONER MAY REQUIRE,  IN  A  FORM
PRESCRIBED  BY  THE  COMMISSIONER, AND THE COMMISSIONER SHALL RE-COMPUTE
THE BUILDING AID, IF ANY, PAYABLE FOR  SUCH  PROJECT  PURSUANT  TO  THIS
SUBPARAGRAPH,  EXCEPT  TO  THE EXTENT SUCH RE-COMPUTATION WOULD CONFLICT
WITH THE PROVISIONS OF SECTION TWENTY-SEVEN  HUNDRED  NINETY-NINE-TT  OF
THE  PUBLIC  AUTHORITIES LAW. THE COMMISSIONER SHALL DEDUCT THE REVENUES
RECEIVED BY THE SCHOOL DISTRICT OR CITY AS A  RESULT  OF  SUCH  SALE  OR
TRANSFER  FROM  THE  APPROVED  TOTAL  PROJECT  COST  AND,  BASED ON SUCH
ADJUSTED PROJECT COST, ESTABLISH A  NEW  ASSUMED  AMORTIZATION  FOR  THE
REMAINING  USEFUL LIFE OF THE PROJECT UNDER THE APPLICABLE PROVISIONS OF
THIS PARAGRAPH.
  S 32. Clause (ii) of subparagraph 5 of paragraph i of subdivision 6 of
section 3602 of the education law, as amended by section 1 of part F  of
chapter 383 of the laws of 2001, is amended to read as follows:

S. 2808                            31                            A. 4008

  (ii)  notwithstanding  any  inconsistent provisions of this paragraph,
for aid payable in the two thousand two--two thousand three school  year
and  thereafter,  approved  expenditures  for  debt  service  for energy
performance contracts shall  be  based  on  assumed  amortization  where
required  by paragraph e of this subdivision, AND PROVIDED FURTHER, THAT
APPROVED EXPENDITURES FOR DEBT SERVICE FOR ENERGY PERFORMANCE  CONTRACTS
FOR  PROJECTS  APPROVED  BY  THE VOTERS OF THE SCHOOL DISTRICT OR BY THE
BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY  WITH  MORE  THAN
ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A
CITY  SCHOOL  DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN SHALL NOT BE  ELIGIBLE
FOR  AN  ADDITIONAL  APPORTIONMENT  COMPUTED  PURSUANT TO CLAUSE (II) OF
SUBPARAGRAPH TWO OF PARAGRAPH B OF THIS SUBDIVISION.
  S 33. Subparagraph 1 of paragraph b of subdivision 7 of  section  3602
of  the  education law, as amended by section 17 of part B of chapter 57
of the laws of 2007, is amended and a new subparagraph  3  is  added  to
read as follows:
  (1)  For  the  purposes of this apportionment, approved transportation
operating expense shall be the actual expenditure incurred by  a  school
district  and approved by the commissioner, LESS ANY DEDUCTIONS REQUIRED
BY SUBPARAGRAPH THREE OF THIS PARAGRAPH: (i) for those items  of  trans-
portation  operating  expense allowable under subdivision one of section
thirty-six hundred twenty-three-a of this article  for  regular  aidable
transportation  of  pupils as such terms are defined in sections thirty-
six hundred twenty-one and thirty-six hundred twenty-two-a of this arti-
cle, and (ii) for those items of transportation operating expense allow-
able under subdivision one of section thirty-six hundred  twenty-three-a
of  this  article for the transportation required or authorized pursuant
to article eighty-nine of this chapter, and (iii) for providing monitors
on school buses for students with disabilities, and (iv) for transporta-
tion operating expenses allowable under section thirty-six hundred twen-
ty-three-a of this article for the transportation of  homeless  children
authorized  by  paragraph  c  of  subdivision four of section thirty-two
hundred nine of this chapter, provided that the total approved  cost  of
such transportation shall not exceed the amount of the total cost of the
most cost-effective mode of transportation.
  (3)  (I) COMMENCING WITH AID PAYABLE IN THE TWO THOUSAND THIRTEEN--TWO
THOUSAND FOURTEEN SCHOOL YEAR, TO RECEIVE AID ON ITS TOTAL ACTUAL TRANS-
PORTATION OPERATING EXPENSE APPROVED BY THE COMMISSIONER  FOR  THE  BASE
YEAR,  A  SCHOOL  DISTRICT  SHALL DEMONSTRATE TO THE SATISFACTION OF THE
COMMISSIONER THAT IT: (I) HAS IMPLEMENTED A MAJORITY OF THE  COST-EFFEC-
TIVE  TRANSPORTATION  MANAGEMENT  BEST PRACTICES PRESCRIBED IN THE REGU-
LATIONS OF THE COMMISSIONER THAT ARE APPLICABLE TO THE DISTRICT, OR (II)
HAS ENTERED INTO A COST-EFFECTIVE SHARED TRANSPORTATION ARRANGEMENT WITH
ANOTHER LOCAL GOVERNMENT ENTITY.
  (II) FOR PURPOSES OF THIS SUBPARAGRAPH, COST-EFFECTIVE  TRANSPORTATION
MANAGEMENT BEST PRACTICES SHALL INCLUDE, BUT NEED NOT BE LIMITED TO:
  (A) MAINTENANCE OF A REASONABLE UTILIZATION RATIO FOR BUSES;
  (B) USE OF MULTIPLE YEAR CONTRACTS FOR PRIVATE VENDOR CONTRACTS;
  (C)  NO  BUS PURCHASES MADE AT HIGHER THAN STATE CONTRACT PRICE IN THE
BASE YEAR;
  (D) EARLY ADVERTISEMENT FOR NEW CONTRACTS;
  (E) USE OF BUS ROUTING SOFTWARE WHERE POSSIBLE; AND/OR
  (F) USE OF A STATEWIDE WEBSITE TO ADVERTISE FOR BIDS.
  (III) A SCHOOL DISTRICT THAT FAILS TO MEET THE REQUIREMENTS OF  CLAUSE
(I)  OF  THIS  SUBPARAGRAPH  SHALL  HAVE ITS TOTAL ACTUAL TRANSPORTATION

S. 2808                            32                            A. 4008

OPERATING EXPENSE AS OTHERWISE APPROVED BY THE COMMISSIONER  REDUCED  AS
FOLLOWS:
  (A)  FOR  AID PAYABLE IN THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOUR-
TEEN SCHOOL YEAR, BY TWO AND ONE HALF PERCENT;
  (B) FOR AID PAYABLE IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN
SCHOOL YEAR, BY FIVE PERCENT;
  (C) FOR AID PAYABLE IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND  SIXTEEN
SCHOOL YEAR, BY SEVEN AND ONE-HALF PERCENT;
  (D)  FOR  AID PAYABLE IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVEN-
TEEN SCHOOL YEAR, BY TEN PERCENT.
  S 34. Paragraph c of subdivision 7 of section 3602  of  the  education
law,  as  amended  by section 1 of part A-4 of chapter 58 of the laws of
2006, is amended to read as follows:
  c. (1) For the purposes of computing this apportionment  for  the  two
thousand  five--two  thousand  six  school year and thereafter, approved
transportation capital, debt service, and lease  expense  shall  be  the
amount  computed  based upon an assumed amortization determined pursuant
to paragraph e of this subdivision for  an  expenditure  incurred  by  a
school  district  and  approved  by  the commissioner for those items of
transportation capital, debt service and lease expense  allowable  under
subdivision  two  of  section  thirty-six hundred twenty-three-a of this
article for: (i) the regular aidable transportation of pupils,  as  such
terms  are defined in sections thirty-six hundred twenty-one and thirty-
six hundred twenty-two-a of this article,  (ii)  the  transportation  of
children with disabilities pursuant to article eighty-nine of this chap-
ter, and (iii) the transportation of homeless children pursuant to para-
graph  c  of subdivision four of section thirty-two hundred nine of this
chapter, provided that the total approved cost  of  such  transportation
shall not exceed the amount of the total cost of the most cost-effective
mode of transportation.
  (2)  Approvable  expenses  for  the  purchase of school buses shall be
limited to the actual purchase price, or the expense as if the bus  were
purchased  under  state contract, whichever is less. If the commissioner
determines that no comparable bus was available under state contract  at
the  time  of  purchase,  the  approvable  expenses  shall be the actual
purchase price or the state wide median price of such bus  in  the  most
recent  base  year  in  which  such median price was established with an
allowable year to year CPI increase as defined in  subdivision  fourteen
of  section  three hundred five of this chapter; whichever is less. Such
median shall be computed by the commissioner for the  purposes  of  this
subdivision.
  (3)  FOR  A  SCHOOL BUS WITH A SEATING CAPACITY OF TEN OR MORE PASSEN-
GERS, INCLUDING THE DRIVER, WHICH IS PURCHASED ON OR AFTER THE EFFECTIVE
DATE OF THIS SUBPARAGRAPH AS A REPLACEMENT FOR AN EXISTING  SCHOOL  BUS,
THE  EXPENSE  OF SUCH PURCHASE SHALL NOT BE AN ALLOWABLE COST UNLESS THE
SCHOOL BUS BEING REPLACED IS AT LEAST TEN YEARS OLD AND HAS A MILEAGE IN
EXCESS OF ONE HUNDRED TWENTY THOUSAND MILES, OR A WAIVER IS  GRANTED  BY
THE  COMMISSIONER  PURSUANT  TO  THIS PARAGRAPH. FOR A SCHOOL BUS WITH A
SEATING CAPACITY OF LESS THAN  TEN  PASSENGERS,  INCLUDING  THE  DRIVER,
WHICH  IS  PURCHASED ON OR AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH
AS A REPLACEMENT FOR  AN  EXISTING  SCHOOL  BUS,  THE  EXPENSE  OF  SUCH
PURCHASE  SHALL  NOT  BE  AN  ALLOWABLE COST UNLESS THE SCHOOL BUS BEING
REPLACED IS AT LEAST TEN YEARS OLD AND HAS A MILEAGE IN  EXCESS  OF  ONE
HUNDRED TWENTY THOUSAND MILES, OR A WAIVER IS GRANTED BY THE COMMISSION-
ER PURSUANT TO THIS SUBPARAGRAPH. THE COMMISSIONER MAY GRANT SUCH WAIVER
WHERE  THE  SCHOOL  DISTRICT  DEMONSTRATES  TO  THE  SATISFACTION OF THE

S. 2808                            33                            A. 4008

COMMISSIONER THAT THE CONTINUED OPERATION OF THE VEHICLE WOULD BE UNSAFE
AS A RESULT OF DAMAGE TO THE VEHICLE FROM AN ACCIDENT OR  OTHERWISE,  OR
OF MECHANICAL FAILURE, THAT CANNOT BE REMEDIED BY REPAIRS WITHOUT EXCES-
SIVE COST TO THE SCHOOL DISTRICTS.
  S 35. Subdivision 12 of section 3602 of the education law, as added by
section  19  of  part  B  of chapter 57 of the laws of 2008, the closing
paragraph as added by section 18 of part A of chapter 57 of the laws  of
2009, is amended to read as follows:
  12. Academic enhancement aid. A school district that as of April first
of  the base year has been continuously identified as a district in need
of improvement for at least five  years  shall,  for  the  two  thousand
eight--two  thousand  nine  school  year,  be  entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the  total  foundation  aid
base,  as  defined  by  paragraph  j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to  subdivision
four of this section and the supplemental educational improvement grants
apportioned  pursuant to subdivision eight of section thirty-six hundred
forty-one of this [act] ARTICLE, less  (ii)  the  total  foundation  aid
base.
  For the two thousand nine--two thousand ten [and] THROUGH two thousand
[ten]  TWELVE--two  thousand [eleven] THIRTEEN school years, each school
district shall be entitled to an apportionment equal to the  amount  set
forth  for such school district as "EDUCATION GRANTS, ACADEMIC EN" under
the heading "2008-09 BASE YEAR AIDS" in the school aid computer  listing
produced  by the commissioner in support of the budget for the two thou-
sand nine--two thousand ten school year and entitled "SA0910", and  such
apportionment shall be deemed to satisfy the state obligation to provide
an  apportionment  pursuant  to  subdivision eight of section thirty-six
hundred forty-one of this article.
  S 36. The opening paragraph of subdivision 16 of section 3602  of  the
education  law,  as amended by section 19 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
  Each school district shall be eligible  to  receive  a  high  tax  aid
apportionment  in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax  aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax  aid apportionment or (ii) the product of the apportionment received
by the school district pursuant to this subdivision in the two  thousand
seven--two  thousand  eight  school  year, multiplied by the due-minimum
factor, which shall equal, for districts with an alternate pupil  wealth
ratio  computed  pursuant  to  paragraph  b of subdivision three of this
section that is less than two, seventy percent (0.70), and for all other
districts, fifty percent (0.50). Each school district shall be  eligible
to  receive  a  high tax aid apportionment in the two thousand nine--two
thousand ten [and]  THROUGH  two  thousand  [ten]  TWELVE--two  thousand
[eleven]  THIRTEEN  school years in the amount set forth for such school
district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in
the school aid computer listing produced by the commissioner in  support
of  the  budget  for the two thousand nine--two thousand ten school year
and entitled "SA0910".
  S 37. Section 3602 of the education law is amended  by  adding  a  new
subdivision 17 to read as follows:
  17.  GAP  ELIMINATION ADJUSTMENT.   COMMENCING WITH AID PAYABLE IN THE
TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL  YEAR,  THE  AGGREGATE

S. 2808                            34                            A. 4008

APPORTIONMENTS  DUE  ANY SCHOOL DISTRICT AND PAYABLE FROM APPROPRIATIONS
MADE IN SUPPORT OF GENERAL SUPPORT FOR PUBLIC SCHOOLS SHALL  BE  REDUCED
BY  THE GAP ELIMINATION ADJUSTMENT, AND SUCH REDUCTION SHALL BE INCLUDED
IN THE COMPUTATION OF "MONEYS APPORTIONED" PURSUANT TO THE OPENING PARA-
GRAPH  OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS PART. THE GAP ELIMI-
NATION ADJUSTMENT FOR ANY DISTRICT SHALL EQUAL THE PRODUCT  OF  THE  GAP
ELIMINATION  ADJUSTMENT  PERCENTAGE  FOR  SUCH  DISTRICT  AND THE EXCESS
GROWTH AMOUNT, AS COMPUTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
  S 38. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 21 of part A of chapter 57  of  the
laws of 2009, is amended to read as follows:
  Notwithstanding  any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the  grant  to
each eligible school district for universal prekindergarten aid shall be
computed  pursuant  to this subdivision, and for the two thousand nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each school district shall be eligible for a maximum grant equal to  the
amount  computed for such school district for the base year in the elec-
tronic data file produced by the commissioner  in  support  of  the  two
thousand  nine--two  thousand ten education, labor and family assistance
budget, provided, however, that in the case of a  district  implementing
programs  for  the  first time or implementing expansion programs in the
two thousand eight--two thousand nine school year  where  such  programs
operate  for a minimum of ninety days in any one school year as provided
in section 151-1.4 of the regulations of the commissioner, FOR  THE  TWO
THOUSAND NINE--TWO THOUSAND TEN AND TWO THOUSAND TEN--TWO THOUSAND ELEV-
EN  SCHOOL  YEARS,  such school district shall be eligible for a maximum
grant equal to the amount computed pursuant to paragraph a  of  subdivi-
sion  nine  of this section in the two thousand eight--two thousand nine
school year, AND FOR THE TWO THOUSAND ELEVEN--TWO  THOUSAND  TWELVE  AND
TWO  THOUSAND  TWELVE--TWO  THOUSAND  THIRTEEN  SCHOOL YEARS EACH SCHOOL
DISTRICT SHALL BE ELIGIBLE FOR A MAXIMUM GRANT EQUAL TO THE  AMOUNT  SET
FORTH FOR SUCH SCHOOL DISTRICT AS "UNIVERSAL PRE-KINDERGARTEN" UNDER THE
HEADING  "2011-12  ESTIMATED  AIDS"  IN  THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET  REQUEST
FOR THE 2011-12 SCHOOL YEAR AND ENTITLED "BT111-2", and provided further
that  the maximum grant shall not exceed the total actual grant expendi-
tures incurred by the school district in  the  current  school  year  as
approved by the commissioner.
  S  39.  Paragraphs  a  and  b  of subdivision 5 of section 3604 of the
education law, paragraph a as amended by chapter 161 of the laws of 2005
and paragraph b as amended by section 59 of part A of chapter 436 of the
laws of 1997, are amended to read as follows:
  a. State aid adjustments. All errors or omissions in the apportionment
shall be corrected by the commissioner. Whenever a school  district  has
been  apportioned  less  money  than  that  to which it is entitled, the
commissioner may allot to such district the balance to which it is enti-
tled. Whenever a school district has been apportioned  more  money  than
that  to which it is entitled, the commissioner may, by an order, direct
such moneys to be paid back to the state to be credited to  the  general
fund  local  assistance  account  for  state  aid to the schools, or may
deduct such amount from the  next  apportionment  to  be  made  to  said
district,  provided, however, that, upon notification of excess payments
of aid for which a recovery must be made by the state through  deduction
of  future  aid payments, a school district may request that such excess
payments be  recovered  by  deducting  such  excess  payments  from  the

S. 2808                            35                            A. 4008

payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two  succeeding  school  years,  provided further that there shall be no
interest  penalty  assessed  against  such  district or collected by the
state. Such request shall be made to the commissioner in  such  form  as
the  commissioner  shall  prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund  expenditures  for  the  preceding  school
year.  The  amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is  recognized
as  a liability due to other governments by the district for the preced-
ing school year and the positive remainder of the district's  unreserved
fund  balance at the close of the preceding school year less the product
of the district's total general  fund  expenditures  for  the  preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments.  The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to  be  recovered
or  one-third  of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year.  Provided  further
that,  notwithstanding  any  other  provisions  of this subdivision, any
pending payment of moneys due to such district as a prior  year  adjust-
ment  payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess  of
the  amount  to which the district is entitled and for which recovery of
excess payments is to be made  pursuant  to  this  paragraph,  shall  be
reduced  at  the  time  of  actual  payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled  deductions
of  such  excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered.  [The  commissioner
shall certify no payment to a school district based on a claim submitted
later  than three years after the close of the school year in which such
payment was first to be made.  For claims for which payment is first  to
be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based  on
a  claim  submitted  later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred ninety-seven--ninety-eight] PRIOR TO THE TWO  THOUSAND  TEN--TWO
THOUSAND  ELEVEN  school  year  [and thereafter], the commissioner shall
certify no payment to a school district based on a claim submitted later
than one year after the close of such school year.  FOR CLAIMS FOR WHICH
PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN
SCHOOL YEAR, THE COMMISSIONER SHALL  CERTIFY  NO  PAYMENT  TO  A  SCHOOL
DISTRICT  IN  EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
FILE USED TO PRODUCE THE SCHOOL AID COMPUTER  LISTING  PRODUCED  BY  THE
COMMISSIONER  IN  SUPPORT  OF  THE  EXECUTIVE BUDGET REQUEST FOR THE TWO
THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AND ENTITLED "BT111-2".
FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE  IN  THE  TWO  THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER
SHALL  CERTIFY  NO  PAYMENT  TO  A  SCHOOL DISTRICT, OTHER THAN PAYMENTS
PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF  SECTION
THIRTY-SIX  HUNDRED  TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED
BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE  BUDGET
REQUEST,  AND  SHALL  CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A
CLAIM SUBMITTED LATER THAN THE DATE UPON WHICH AN ELECTRONIC  DATA  FILE
WAS  CREATED  FOR  THE PURPOSES OF COMPUTING THE JUNE AMOUNT PURSUANT TO

S. 2808                            36                            A. 4008

SUBPARAGRAPH TWO OF PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED NINE-A OF THIS PART. Provided, however,  no  payments  shall  be
barred  or reduced where such payment is required as a result of a final
audit  of the state. [It is further provided that, until June thirtieth,
nineteen hundred ninety-six, the commissioner may grant  a  waiver  from
the  provisions  of this section for any school district if it is in the
best educational interests of the district pursuant to guidelines devel-
oped by the commissioner and approved by the director of the budget.]
  b. Claims resulting from court orders or judgments. [Any]  FOR  CLAIMS
FOR WHICH PAYMENT IS FIRST TO BE MADE PRIOR TO THE TWO THOUSAND TEN--TWO
THOUSAND  ELEVEN  SCHOOL  YEAR,  ANY  payment  which would be due as the
result of a court order or judgment shall not be barred, provided  that,
commencing  January first, nineteen hundred ninety-six, such court order
or judgment and any other data required shall be filed  with  the  comp-
troller  within  one  year from the date of the court order or judgment,
and provided further that the commissioner shall certify no payment to a
school district for a specific school year that is based on a claim that
results from a court order or judgement so filed  with  the  comptroller
unless the total value of such claim, as determined by the commissioner,
is greater than one percent of the school district's total revenues from
state sources as previously recorded in the general fund and reported to
the  comptroller  in  the annual financial report of the school district
for such school year.
  S 40. The opening paragraph of section 3609-a of the education law, as
amended by section 22 of part A of chapter 57 of the laws  of  2009,  is
amended to read as follows:
  For  aid  payable in the two thousand seven--two thousand eight school
year [and thereafter] THROUGH THE TWO THOUSAND TEN--TWO THOUSAND  ELEVEN
SCHOOL  YEAR,  "moneys apportioned" shall mean the lesser of (i) the sum
of one hundred percent of the  respective  amount  set  forth  for  each
school  district  as  payable pursuant to this section in the school aid
computer listing for the current year produced by  the  commissioner  in
support  of  the budget which includes the appropriation for the general
support for public schools for the prescribed payments  and  individual-
ized  payments  due  prior  to April first for the current year plus the
apportionment payable during the current school year pursuant to  subdi-
vision  six-a  and subdivision fifteen of section thirty-six hundred two
of this part minus any reductions  to  current  year  aids  pursuant  to
subdivision seven of section thirty-six hundred four of this part or any
deduction  from  apportionment  payable  pursuant  to  this  chapter for
collection of a school district basic contribution as defined in  subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants  provided pursuant to subparagraph two-a of paragraph b of subdi-
vision four of section ninety-two-c of the state finance law,  less  any
grants  provided  pursuant  to  subdivision twelve of section thirty-six
hundred forty-one of this article, or (ii) the apportionment  calculated
by  the  commissioner  based  on data on file at the time the payment is
processed; provided however, that for the purposes of any payments  made
pursuant  to this section prior to the first business day of June of the
current year, moneys apportioned shall  not  include  any  aids  payable
pursuant  to  subdivisions  six  and fourteen, if applicable, of section
thirty-six hundred two of this part as current year aid for debt service
on bond anticipation notes and/or bonds first issued in the current year
or any aids payable for  full-day  kindergarten  for  the  current  year
pursuant  to  subdivision nine of section thirty-six hundred two of this
part. The definitions of "base year" and "current year" as set forth  in

S. 2808                            37                            A. 4008

subdivision  one  of  section  thirty-six hundred two of this part shall
apply to this section. For aid payable in  the  two  thousand  nine--two
thousand ten school year, reference to such "school aid computer listing
for  the  current  year" shall mean the printouts entitled "SA0910". FOR
AID PAYABLE IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL  YEAR
AND  THEREAFTER,  "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF: (I) THE
SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH  FOR  EACH
SCHOOL  DISTRICT  AS  PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL AID
COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY  THE  COMMISSIONER  IN
SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRIATION
FOR  THE  GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED PAYMENTS
AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL  FIRST  FOR  THE  CURRENT
YEAR  PLUS  THE  APPORTIONMENT  PAYABLE  DURING  THE CURRENT SCHOOL YEAR
PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED
TWO OF THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS  PURSUANT  TO
SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART OR ANY
DEDUCTION  FROM  APPORTIONMENT  PAYABLE  PURSUANT  TO  THIS  CHAPTER FOR
COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN  SUBDI-
VISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY
GRANTS  PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDI-
VISION FOUR OF SECTION NINETY-TWO-C OF THE STATE FINANCE LAW,  LESS  ANY
GRANTS  PROVIDED  PURSUANT  TO  SUBDIVISION TWELVE OF SECTION THIRTY-SIX
HUNDRED FORTY-ONE OF THIS ARTICLE; OR (II) THE APPORTIONMENT  CALCULATED
BY  THE  COMMISSIONER  BASED  ON DATA ON FILE AT THE TIME THE PAYMENT IS
PROCESSED; PROVIDED HOWEVER, THAT FOR THE PURPOSES OF ANY PAYMENTS  MADE
PURSUANT  TO THIS SECTION PRIOR TO THE FIRST BUSINESS DAY OF JUNE OF THE
CURRENT YEAR, MONEYS APPORTIONED SHALL  NOT  INCLUDE  ANY  AIDS  PAYABLE
PURSUANT  TO  SUBDIVISIONS  SIX  AND FOURTEEN, IF APPLICABLE, OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT YEAR AID FOR DEBT SERVICE
ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST ISSUED IN THE CURRENT YEAR
OR ANY AIDS PAYABLE FOR  FULL-DAY  KINDERGARTEN  FOR  THE  CURRENT  YEAR
PURSUANT  TO  SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
PART. THE DEFINITIONS OF "BASE YEAR" AND "CURRENT YEAR" AS SET FORTH  IN
SUBDIVISION  ONE  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS PART SHALL
APPLY TO THIS SECTION.
  S 41. Subparagraphs 2 and 3 of paragraph a and clauses (i), (iv), (v),
(vi) and (vii) of subparagraph 3 of paragraph  b  of  subdivision  1  of
section  3609-a  of the education law, subparagraph 2 of paragraph a and
clauses (v) and (vii) of subparagraph 3 of paragraph  b  as  amended  by
section  32  of part B of chapter 57 of the laws of 2007, subparagraph 3
of paragraph a and clauses (i) and (iv) of subparagraph 3 of paragraph b
as amended by chapter 474 of the laws of 1996 and clause (vi) of subpar-
agraph 3 of paragraph b as added by section 43 of part A of  chapter  60
of the laws of 2000, are amended to read as follows:
  (2)  Lottery  apportionment. Of the estimated moneys to be apportioned
by the commissioner to school  districts  for  the  current  year,  that
portion  payable  pursuant  to section ninety-two-c of the state finance
law, exclusive of the minimum lottery grant provided for the purchase of
textbooks pursuant to subparagraph one of  paragraph  b  of  subdivision
four  of section ninety-two-c of such law and the lottery grant provided
pursuant to subparagraph two-a of paragraph b  of  subdivision  four  of
section  ninety-two-c  of the state finance law, shall be payable on the
[first] LAST state business day of September.
  (3) Lottery textbook apportionment. The minimum lottery grant provided
for the purchase of textbooks pursuant to subparagraph one of  paragraph
b  of subdivision four of section ninety-two-c of the state finance law,

S. 2808                            38                            A. 4008

shall be payable on or before the [first] LAST  STATE  BUSINESS  day  of
September.
  (i)  Winter payments. The amounts designated for January, February and
March pursuant to clauses (i), (ii) and (iii)  of  subparagraph  two  of
this  paragraph  shall be paid on OR BEFORE the [first] LAST state busi-
ness day of such months.
  (iv) April and May payments. Any amount designated for  and  remaining
to  be paid in April or May pursuant to clauses (iv) and (v) of subpara-
graph two of this paragraph minus any portion of such  amounts  advanced
pursuant  to clause (ii) of this subparagraph shall be paid on OR BEFORE
the [first] LAST state business day of such months.
  (v) June payment. The  moneys  apportioned  to  school  districts  and
designated  for June pursuant to clause (vi) of subparagraph two of this
paragraph shall be paid on OR BEFORE the [first] LAST state business day
of such month, to the extent that moneys are owed  to  school  districts
pursuant  to  this  section  for  the current year, including claims for
current year aid for debt service on bond anticipation notes aidable  in
June  and/or  new  bonds  and  capital notes aidable in June pursuant to
subdivisions six and fourteen,  if  applicable,  of  section  thirty-six
hundred  two  of this [article] PART and claims for current year aid for
conversion to full day kindergarten [pursuant  to  subdivision  nine  of
section  thirty-six  hundred  two  of  this  article], after taking into
account any adjustments made in accordance with clauses (ii)  and  (iii)
of this subparagraph, net of any disallowances.
  (vi)  Deferred July payment of certain claims for debt service on bond
anticipation notes and on bonds or capital notes  first  issued  in  the
current  year. The moneys apportioned to school districts for claims for
current year aid for debt service on bond anticipation notes aidable  in
July following the current year and/or new bonds and capital notes aida-
ble  in July following the current year pursuant to subdivisions six and
fourteen, if applicable, of  section  thirty-six  hundred  two  of  this
[article]  PART  shall be paid on OR BEFORE the [first] LAST state busi-
ness day of July immediately following the current school year,  to  the
extent that moneys are owed to school districts pursuant to this section
for the current year, net of any disallowances.
  (vii)  Deferred  September  payments.  Any amounts payable to a school
district pursuant to this section which exceeded one hundred percent  of
the respective amount set forth for such district as payable pursuant to
this  section  in the school aid computer listing for the current school
year shall be designated for payment for the  month  of  September  next
following  the  close of the current school year. Such payments shall be
made on OR BEFORE the [first] LAST state business day of  the  month  of
September, based on data on file as of August first.
  S  42.  Clause (iii) of subparagraph 3 of paragraph b of subdivision 1
of section 3609-a of the education law, as amended by section 32 of part
B of chapter 57 of the laws of 2007, is amended to read as follows:
  (iii) Determining final payment for the state fiscal  year.  Prior  to
transmitting  the  March  payment  to  the  state  comptroller, based on
current year, base year and prior school year state aid payments made or
scheduled to be made from the general support for public schools  appro-
priations  for  the  state  fiscal  year  ending March thirty-first, the
commissioner shall determine the extent to which the  amount  designated
for  June pursuant to clause (vi) of subparagraph two of this paragraph,
as adjusted in accordance with clause (ii) of this subparagraph, net  of
any disallowances, would need to be advanced and paid on or before March
thirty-first  in  order  to  use  the  remainder of such appropriations,

S. 2808                            39                            A. 4008

EXCLUDING AMOUNTS ASSIGNED TO  THE  DEPARTMENT  OF  HEALTH  PURSUANT  TO
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-B OF THIS ARTICLE, on
or  before  March  thirty-first,  or  to  the extent to which the amount
designated  for  March would need to be proportionally reduced so as not
to exceed such state fiscal year appropriations. The commissioner  shall
report  the  amount of money required to be advanced or deferred and the
percent it represents of the June or March amounts, as the case may  be,
to  the  director  of  the budget, the chairperson of the senate finance
committee and the chairperson of the assembly ways and means  committee.
To  the  extent  that  moneys  are advanced or deferred pursuant to this
paragraph,  they  shall  be  in  the  same  proportion  as  each  school
district's  share  bears to the total of such June or March amount. Upon
approval of the director of the budget, the commissioner shall  transmit
the  schedule of any such partial June prepayments or such reduced March
payments to the state comptroller. Any  portion  of  the  March  payment
deferred  shall  be  added  to the June payment; any portion of the June
payment advanced shall be paid on or before March thirty-first.
  S 43. Subparagraph 4 of paragraph b of subdivision 1 of section 3609-a
of the education law, as amended by section 25 of part A of  chapter  57
of the laws of 2009, is amended to read as follows:
  (4)  State  share of medicaid reimbursements. For the purposes of this
subparagraph, FOR AID PAYABLE IN  THE  TWO  THOUSAND  TEN--TWO  THOUSAND
ELEVEN  SCHOOL YEAR, the first reporting period shall run from May first
of the base year through January thirty-first of the current  year,  and
the second reporting period shall run from February first of the current
year  through  [April thirtieth] MARCH THIRTY-FIRST of the current year.
FOR AID PAYABLE IN THE TWO THOUSAND ELEVEN--TWO THOUSAND  TWELVE  SCHOOL
YEAR  AND  THEREAFTER,  THE  FIRST REPORTING PERIOD SHALL RUN FROM APRIL
FIRST OF THE BASE YEAR THROUGH  DECEMBER  THIRTY-FIRST  OF  THE  CURRENT
YEAR,  AND  THE  SECOND REPORTING PERIOD SHALL RUN FROM JANUARY FIRST OF
THE CURRENT  YEAR  THROUGH  MARCH  THIRTY-FIRST  OF  THE  CURRENT  YEAR.
Notwithstanding  any inconsistent provisions of law to the contrary, the
sustaining advance payment due any school district  pursuant  to  clause
(ii)  of  subparagraph three of this paragraph in March shall be reduced
by fifty percent of any federal participation during the first reporting
period pursuant to title XIX of the  social  security  act,  in  special
education  programs  provided  pursuant  to  article eighty-nine of this
chapter for services provided on or before June thirtieth, two  thousand
nine; the June payment due any school district pursuant to clause (v) of
subparagraph  three  of this paragraph shall be reduced by fifty percent
of any federal participation during  the  second  reporting  period  for
services  provided  on  or before June thirtieth, two thousand nine. Not
later than ten days after the end of  [a]  THE  FIRST  reporting  period
ENDING  ON  JANUARY  THIRTY-FIRST,  TWO  THOUSAND ELEVEN, NOT LATER THAN
FORTY-ONE DAYS AFTER EACH FIRST  REPORTING  PERIOD  THEREAFTER  AND  NOT
LATER THAN FORTY DAYS AFTER THE END OF EACH SECOND REPORTING PERIOD, the
commissioner  of  health,  as  the  authorized fiscal agent of the state
education department, shall certify to the commissioner and the director
of the budget the total amount of such federal moneys paid to  a  school
district  for such services during such reporting period. Following each
cycle payment, the commissioner of health shall report  to  the  commis-
sioner  the  aggregate  amount of such federal medicaid payments to each
school district. The commissioner shall recoup such  amounts  first,  to
the extent possible, from the specified payment, then by withholding any
other  moneys  due  the school district and finally by direct billing to
any school district still owing moneys to the state. All moneys withheld

S. 2808                            40                            A. 4008

or paid to the state on account of this paragraph shall be  credited  by
the  comptroller to the local assistance account for general support for
public schools.
  S  44. Subdivision 1 of section 3609-a of the education law is amended
by adding a new paragraph e to read as follows:
  E. GAP ELIMINATION ADJUSTMENT FOR TWO  THOUSAND  ELEVEN--TWO  THOUSAND
TWELVE.  (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
THE COMMISSIONER SHALL REDUCE PAYMENTS DUE TO EACH DISTRICT FOR THE  TWO
THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL  YEAR  PURSUANT  TO THIS
SECTION BY AN AMOUNT EQUAL TO THE GAP  ELIMINATION  ADJUSTMENT  COMPUTED
FOR  SUCH DISTRICT, AND SUCH AMOUNT SHALL BE DEDUCTED FROM MONEYS APPOR-
TIONED FOR THE PURPOSES OF PAYMENTS MADE PURSUANT TO THIS SECTION AND IF
THE REDUCTION IS GREATER THAN THE SUM OF THE AMOUNTS AVAILABLE FOR  SUCH
DEDUCTIONS,  THE  REMAINDER  OF  THE  REDUCTION  SHALL  BE WITHHELD FROM
PAYMENTS SCHEDULED TO BE MADE TO THE DISTRICT PURSUANT TO  THIS  SECTION
FOR  THE  TWO  THOUSAND  TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR, AND
PROVIDED FURTHER THAT AN AMOUNT EQUAL TO THE AMOUNT  OF  SUCH  DEDUCTION
SHALL  BE  DEEMED  TO  HAVE  BEEN  PAID TO THE DISTRICT PURSUANT TO THIS
SECTION FOR THE SCHOOL YEAR IN WHICH SUCH DEDUCTION IS MADE. THE COMMIS-
SIONER SHALL COMPUTE SUCH GAP ELIMINATION ADJUSTMENT AND SHALL PROVIDE A
SCHEDULE OF SUCH REDUCTION IN PAYMENTS TO  THE  STATE  COMPTROLLER,  THE
DIRECTOR  OF  THE  BUDGET, THE CHAIR OF THE SENATE FINANCE COMMITTEE AND
THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
  (2) THE GAP ELIMINATION ADJUSTMENT FOR TWO THOUSAND ELEVEN--TWO  THOU-
SAND TWELVE SCHOOL YEAR SHALL BE COMPUTED AS FOLLOWS, BASED ON DATA USED
BY  THE COMMISSIONER FOR THE PURPOSES OF PRODUCING A SCHOOL AID COMPUTER
LISTING IN SUPPORT OF THE EXECUTIVE BUDGET PROPOSAL FOR THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR.
  (I) THE PERCENTAGE REDUCTION SHALL BE THE SUM OF (A)  THE  PRODUCT  OF
THE  TOTAL AID FOR ADJUSTMENT, MULTIPLIED BY SIX AND FOUR-TENTHS PERCENT
(0.064), AND (B) THE PRODUCT  OF  FOUR  THOUSAND  FOUR  HUNDRED  DOLLARS
($4,400)  MULTIPLIED  BY  THE REDUCTION FACTOR, MULTIPLIED BY THE PUBLIC
SCHOOL DISTRICT ENROLLMENT  FOR  THE  BASE  YEAR  COMPUTED  PURSUANT  TO
SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF SUCH SECTION THIR-
TY-SIX HUNDRED TWO OF THIS PART, PROVIDED, HOWEVER, THAT SUCH PERCENTAGE
REDUCTION  SHALL  NOT  BE LESS THAN THE PRODUCT OF ELEVEN PERCENT (0.11)
MULTIPLIED BY SUCH TOTAL AID FOR ADJUSTMENT, AND NOT MORE THAN THE PROD-
UCT OF TWENTY-THREE PERCENT (0.23) MULTIPLIED  BY  SUCH  TOTAL  AID  FOR
ADJUSTMENT.
  (II)  THE  TAX  EFFORT REDUCTION SHALL BE THE PRODUCT OF THE TOTAL AID
FOR ADJUSTMENT, MULTIPLIED  BY  THE  QUOTIENT  OF  TWENTY-THREE  PERCENT
(0.23)  DIVIDED  BY THE QUOTIENT OF THE TAX EFFORT RATIO DIVIDED BY FOUR
AND FIVE TENTHS PERCENT (0.045), PROVIDED, HOWEVER, THAT SUCH TAX EFFORT
REDUCTION SHALL NOT BE LESS THAN THE PRODUCT OF FIFTEEN  PERCENT  (0.15)
MULTIPLIED BY SUCH TOTAL AID FOR ADJUSTMENT, AND NOT MORE THAN THE PROD-
UCT  OF  TWENTY-THREE  PERCENT  (0.23)  MULTIPLIED BY SUCH TOTAL AID FOR
ADJUSTMENT.
  (III) THE TGFE CHECK SHALL BE THE PRODUCT OF THE TGFE  PERCENTAGE  AND
THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT IN THE BASE YEAR.
  (IV)  THE  ADMINISTRATIVE  EFFICIENCY  OFFSET  SHALL BE THE PRODUCT OF
SEVENTY-FIVE DOLLARS ($75),  MULTIPLIED  BY  THE  STATE  SHARING  RATIO,
MULTIPLIED BY THE TOTAL AIDABLE FOUNDATION PUPIL UNITS.
  THE  GAP  ELIMINATION ADJUSTMENT FOR A DISTRICT SHALL EQUAL THE LESSER
OF THE DISTRICT'S PERCENTAGE REDUCTION AND  ITS  TGFE  CHECK,  PROVIDED,
HOWEVER,  THAT IN THE CASE OF A DISTRICT WITH A TAX EFFORT RATIO GREATER
THAN FOUR AND ONE-HALF PERCENT (0.045) AND A COMBINED WEALTH  RATIO  FOR

S. 2808                            41                            A. 4008

TOTAL  FOUNDATION  AID  THAT  IS  LESS  THAN ONE AND FIVE-TENTHS (0.015)
PERCENT, THE GAP ELIMINATION ADJUSTMENT FOR A DISTRICT SHALL  EQUAL  THE
LESSER  OF  THE  PERCENTAGE REDUCTION, THE TGFE CHECK AND THE TAX EFFORT
REDUCTION,  AND  FURTHER PROVIDED THAT IN THE CASE OF A SCHOOL DISTRICT,
OTHER THAN A CITY SCHOOL DISTRICT OF  A  CITY  HAVING  A  POPULATION  IN
EXCESS  OF  ONE HUNDRED TWENTY-FIVE THOUSAND, WITH (A) AN ADMINISTRATIVE
EFFICIENCY RATIO OF LESS THAN ONE AND EIGHT-TENTHS PERCENT  (0.018)  AND
(B)  AN  ADMINISTRATIVE  EXPENSE  PER  PUPIL  OF LESS THAN THREE HUNDRED
FORTY-EIGHT DOLLARS ($348), THE  GAP  ELIMINATION  ADJUSTMENT  SHALL  BE
REDUCED BY AN AMOUNT EQUAL TO THE ADMINISTRATIVE EFFICIENCY OFFSET.
  (3)  FOR  THE PURPOSES OF SUCH COMPUTATION, (I) "TOTAL AID FOR ADJUST-
MENT" SHALL MEAN THE SUM OF  THE  AMOUNTS  SET  FORTH  FOR  EACH  SCHOOL
DISTRICT  AS "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES + SPECIAL
SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST",  "HARDWARE  &
TECHNOLOGY",   "SOFTWARE,   LIBRARY,   TEXTBOOK",  "TRANSPORTATION  INCL
SUMMER", "OPERATING REORG  INCENTIVE",  "CHARTER  SCHOOL  TRANSITIONAL",
"ACADEMIC  ENHANCEMENT",  "HIGH  TAX  AID"  AND "SUPPLEMENTAL PUB EXCESS
COST" UNDER THE HEADING "2011-12  ESTIMATED  AIDS"  IN  THE  SCHOOL  AID
COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET PROPOSAL FOR THE TWO THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE
SCHOOL YEAR;
  (II)  "THREE-YEAR  AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT" SHALL
MEAN THE QUOTIENT OF (A) THE SUM OF THE NUMBER OF PUPILS IN KINDERGARTEN
THROUGH GRADE SIX ATTENDING THE PUBLIC SCHOOLS OF THE DISTRICT WHO  HAVE
APPLICATIONS  ON FILE OR WHO ARE LISTED ON A DIRECT CERTIFICATION LETTER
CONFIRMING THEIR ELIGIBILITY FOR PARTICIPATION IN THE STATE  AND  FEDER-
ALLY  FUNDED FREE AND REDUCED PRICE LUNCH PROGRAM ON THE DATE ENROLLMENT
WAS COUNTED IN ACCORDANCE WITH THIS SUBDIVISION FOR THE  YEAR  PRIOR  TO
THE  BASE YEAR, PLUS SUCH NUMBER OF ELIGIBLE APPLICANTS FOR THE FREE AND
REDUCED PRICE LUNCH PROGRAM COMPUTED FOR THE YEAR TWO YEARS PRIOR TO THE
BASE YEAR, PLUS SUCH NUMBER OF ELIGIBLE  APPLICANTS  FOR  THE  FREE  AND
REDUCED  PRICE  LUNCH PROGRAM COMPUTED FOR THE YEAR THREE YEARS PRIOR TO
THE BASE YEAR, DIVIDED BY (B) THE SUM OF THE NUMBER OF PUPILS IN KINDER-
GARTEN THROUGH GRADE SIX ON A REGULAR ENROLLMENT REGISTER  OF  A  PUBLIC
SCHOOL  DISTRICT  ON  THE DATE ENROLLMENT WAS COUNTED IN ACCORDANCE WITH
THIS SUBDIVISION FOR THE YEAR PRIOR TO THE BASE YEAR, PLUS  SUCH  NUMBER
OF  PUPILS  IN  KINDERGARTEN  THROUGH  GRADE SIX ON A REGULAR ENROLLMENT
REGISTER OF A PUBLIC SCHOOL DISTRICT COMPUTED FOR  THE  YEAR  TWO  YEARS
PRIOR  TO  THE  BASE  YEAR,  PLUS  SUCH NUMBER OF PUPILS IN KINDERGARTEN
THROUGH GRADE SIX ON A REGULAR ENROLLMENT REGISTER OF  A  PUBLIC  SCHOOL
DISTRICT COMPUTED FOR THE YEAR THREE YEARS PRIOR TO THE BASE YEAR; AND
  (III)  "TOTAL  AIDABLE  FOUNDATION  PUPIL  UNITS" SHALL MEAN THE TOTAL
AIDABLE FOUNDATION PUPIL UNITS  COMPUTED  PURSUANT  TO  PARAGRAPH  G  OF
SUBDIVISION TWO OF SUCH SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, FOR
THE PURPOSES OF COMPUTING TOTAL FOUNDATION AID; AND
  (IV)  "COMBINED  WEALTH RATIO FOR TOTAL FOUNDATION AID" SHALL MEAN THE
COMBINED WEALTH RATIO FOR TOTAL  FOUNDATION  AID  COMPUTED  PURSUANT  TO
SUBPARAGRAPH  TWO OF PARAGRAPH C OF SUBDIVISION THREE OF SECTION THIRTY-
SIX HUNDRED TWO OF THIS PART; AND
  (V) "THE STATE SHARING RATIO"  SHALL  MEAN  THE  STATE  SHARING  RATIO
COMPUTED  FOR  TOTAL  FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH G OF
SUBDIVISION THREE OF SECTION THIRTY-SIX HUNDRED TWO OF  THIS  PART,  BUT
NOT LESS THAN TEN PERCENT (0.10); AND
  (VI)  "TAX  EFFORT  RATIO"  SHALL  MEAN  THE TAX EFFORT RATIO COMPUTED
PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH A OF SUBDIVISION SIXTEEN  OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS PART; AND

S. 2808                            42                            A. 4008

  (VII)  "REDUCTION  FACTOR"  SHALL  MEAN  THE  PRODUCT  OF THE POSITIVE
REMAINDER OF ONE LESS THE THREE-YEAR  AVERAGE  FREE  AND  REDUCED  PRICE
LUNCH PERCENT, MULTIPLIED BY THE COMBINED WEALTH RATIO FOR TOTAL FOUNDA-
TION  AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDI-
VISION THREE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART; AND
  (VIII)  "ADMINISTRATIVE  EFFICIENCY  RATIO" SHALL MEAN THE QUOTIENT OF
THE SUM OF THE EXPENDITURES RELATED TO THE BOARD OF EDUCATION, INCLUDING
EXPENDITURES FOR THE BOARD OF EDUCATION, THE  DISTRICT  CLERK'S  OFFICE,
THE  DISTRICT MEETING, AUDITING SERVICE, THE TREASURER'S OFFICE, THE TAX
COLLECTOR'S OFFICE, LEGAL SERVICES AND THE SCHOOL CENSUS, PLUS  EXPENDI-
TURES  FOR  CENTRAL ADMINISTRATION, INCLUDING EXPENDITURES FOR THE CHIEF
SCHOOL OFFICER, THE BUSINESS OFFICE, THE PURCHASING OFFICE, THE  PERSON-
NEL  OFFICE,  THE  RECORDS  MANAGEMENT  OFFICER,  PUBLIC INFORMATION AND
SERVICES AND FEES FOR FISCAL AGENTS, DIVIDED BY THE  TOTAL  EXPENDITURES
CHARGED  BY  A  DISTRICT  TO  THE GENERAL, DEBT SERVICE, AND SPECIAL AID
FUNDS, EXCLUDING TRANSFERS FROM THE GENERAL FUND TO THE DEBT SERVICE AND
SPECIAL AID FUNDS, BASED ON EXPENDITURES REPORTED BY  THE  DISTRICT  FOR
THE  SCHOOL YEAR TWO YEARS PRIOR TO THE BASE YEAR, BASED ON DATA ON FILE
FOR AN ELECTRONIC DATA FILE USED TO  PRODUCE  THE  SCHOOL  AID  COMPUTER
LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST; AND
  (IX) "ADMINISTRATIVE EXPENSE PER PUPIL" SHALL MEAN THE QUOTIENT OF THE
SUM OF THE EXPENDITURES RELATED TO THE  BOARD  OF  EDUCATION,  INCLUDING
EXPENDITURES  FOR  THE  BOARD OF EDUCATION, THE DISTRICT CLERK'S OFFICE,
THE DISTRICT MEETING, AUDITING SERVICE, THE TREASURER'S OFFICE, THE  TAX
COLLECTOR'S  OFFICE, LEGAL SERVICES AND THE SCHOOL CENSUS, PLUS EXPENDI-
TURES FOR CENTRAL ADMINISTRATION, INCLUDING EXPENDITURES FOR  THE  CHIEF
SCHOOL  OFFICER, THE BUSINESS OFFICE, THE PURCHASING OFFICE, THE PERSON-
NEL OFFICE, THE  RECORDS  MANAGEMENT  OFFICER,  PUBLIC  INFORMATION  AND
SERVICES AND FEES FOR FISCAL AGENTS, CHARGED BY A DISTRICT TO THE GENER-
AL,  DEBT SERVICE, AND SPECIAL AID FUNDS, BASED ON EXPENDITURES REPORTED
BY THE DISTRICT FOR THE SCHOOL YEAR TWO YEARS PRIOR TO  THE  BASE  YEAR,
DIVIDED  BY  THE  PUBLIC  SCHOOL  DISTRICT  ENROLLMENT FOR THE BASE YEAR
COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION  ONE
OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART BASED ON DATA ON FILE FOR
AN  ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST;
AND
  (X) "TGFE PERCENTAGE" SHALL MEAN, (A) IN THE CASE OF A DISTRICT DETER-
MINED TO BE A HIGH NEED  SCHOOL  DISTRICT  PURSUANT  TO  CLAUSE  (C)  OF
SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS PART FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY
THE  COMMISSIONER  IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND
SEVEN--TWO THOUSAND EIGHT SCHOOL  YEAR  AND  ENTITLED  "SA0708",  FOR  A
SCHOOL  DISTRICT  WHICH  HAS A THREE-YEAR AVERAGE FREE AND REDUCED PRICE
LUNCH PERCENT GREATER THAN SEVENTY-FIVE PERCENT (0.75) AND WHICH HAS  AN
ADMINISTRATIVE  EFFICIENCY  RATIO  LESS  THAN  ONE  AND  FIFTY-FIVE  ONE
HUNDREDTHS PERCENT (0.0155), FOUR AND SEVEN TENTHS PERCENT  (0.047)  AND
FOR  ALL  OTHER  SUCH  SCHOOL  DISTRICTS,  SIX  AND  NINE TENTHS PERCENT
(0.069), OR (B) IN THE  CASE  OF  ALL  OTHER  SCHOOL  DISTRICTS,  ELEVEN
PERCENT (0.11).
  S  45.  Paragraphs a and a-1 of subdivision 1 of section 3609-b of the
education law, paragraph a as amended by section 26 and paragraph a-1 as
added by section 27 of part A of chapter 57 of the  laws  of  2009,  are
amended to read as follows:

S. 2808                            43                            A. 4008

  a.  Any  moneys  to  be  apportioned  by  the  commissioner  to school
districts during the school year pursuant to this section  for  services
provided  on or before June thirtieth, two thousand nine THAT WERE REIM-
BURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEVEN shall,
in  the first instance, be designated as the state share of moneys due a
school district pursuant to title XIX of the  social  security  act,  on
account  of  school supportive health services provided to students with
disabilities in special education programs pursuant to  article  eighty-
nine  of  this chapter and to those pupils who are qualified handicapped
persons as defined in the federal rehabilitation act of nineteen hundred
seventy-three, as amended. Some or  all  of  such  state  share  may  be
assigned  on  behalf of school districts to the department of health, as
provided herein; any remaining state  share  moneys  shall  be  paid  to
school districts on the same schedule as the federal share of such title
XIX payments and shall be based on the monthly report of the commission-
er  of health to the commissioner; and any remaining moneys to be appor-
tioned to a school district pursuant to this section shall  be  paid  in
accordance  with  the provisions of subdivision two of this section. The
amount to be assigned to the department of health, as determined by  the
commissioner  of  health,  for  any school district shall not exceed the
federal share of any moneys due such school district pursuant  to  title
XIX.  Moneys  designated  as  state  share  moneys shall be paid to such
school districts based on the submission and approval of claims  related
to  such  school  supportive  health services, in the manner provided by
law.
  a-1. Any moneys to  be  apportioned  by  the  commissioner  to  school
districts  during  the school year pursuant to this section for services
provided during the two thousand nine--two thousand ten school year  and
thereafter,  OR  FOR  SERVICES PROVIDED IN A PRIOR SCHOOL YEAR THAT WERE
NOT REIMBURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEV-
EN, shall, in the first instance, be designated as the  state  share  of
moneys due a school district pursuant to title XIX of the social securi-
ty  act,  on  account  of  school supportive health services provided to
students with disabilities in special  education  programs  pursuant  to
article  eighty-nine  of this chapter and to those pupils who are quali-
fied handicapped persons as defined in the federal rehabilitation act of
nineteen hundred seventy-three, as amended. Such state  share  shall  be
assigned  on  behalf of school districts to the department of health, as
provided herein; the amount designated as such nonfederal share shall be
transferred by the commissioner to the department of health based on the
monthly report of the commissioner of health to  the  commissioner;  and
any  remaining moneys to be apportioned to a school district pursuant to
this section shall be paid in accordance with the provisions of subdivi-
sion two of this section. The amount to be assigned to the department of
health, as determined by the commissioner  of  health,  for  any  school
district  shall  not  exceed  the  federal  share of any moneys due such
school district pursuant to title XIX. Moneys designated as state  share
moneys  shall  be  paid  to  such  school districts by the department of
health based on the submission and approval of claims  related  to  such
school supportive health services, in the manner provided by law.
  S  46.  Paragraph  b of subdivision 2 of section 3612 of the education
law, as amended by section 28 of part A of chapter 57  of  the  laws  of
2009, is amended to read as follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into  consideration  the  magnitude  of  any shortage of teachers in the

S. 2808                            44                            A. 4008

school district, the number of teachers employed in the school  district
who hold temporary licenses to teach in the public schools of the state,
the  number of provisionally certified teachers, the fiscal capacity and
geographic  sparsity  of  the  district,  the number of new teachers the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section  shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing  any  other provision of law to the contrary, a city school district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of such grant funds for any  recruitment,  retention  and  certification
costs  associated  with transitional certification of teacher candidates
for the school years two thousand  one--two  thousand  two  through  two
thousand  nine--two  thousand  ten AND TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE.
  S 47. Subdivision 6 of section 3622-a of the education law, as amended
by chapter 422 of the laws of 2004, is amended to read as follows:
  6. Transportation  of  pupils  to  and  from  approved  summer  school
programs operated by a school district in the two thousand--two thousand
one  school  year  and thereafter, provided, however, [that any expenses
for which aid is received pursuant to subdivision thirty-nine of section
thirty-six hundred two of this article shall be excluded from the compu-
tation of allowable transportation expense, and provided  further]  that
if the total statewide apportionment attributable to allowable transpor-
tation  expenses  incurred  pursuant  to  this  subdivision exceeds five
million dollars ($5,000,000),  individual  school  district  allocations
shall  be  prorated  to  ensure  that  the apportionment for such summer
transportation  does  not  exceed  five  million  dollars  ($5,000,000),
provided  that  such  prorated  apportionment computed and payable as of
September one of the school year immediately following the  school  year
for  which  such aid is claimed shall be deemed final and not subject to
change; and
  S 48. Paragraph c of subdivision 2 of section 3623-a of the  education
law, as amended by chapter 453 of the laws of 2005, is amended and a new
paragraph f is added to read as follows:
  c. [The] SUBJECT TO THE LIMITATION IN PARAGRAPH F OF THIS SUBDIVISION,
THE  purchase  of  equipment  deemed  a  proper school district expense,
including: (i) the purchase of two-way radios to be used on old and  new
school  buses, (ii) the purchase of stop-arms, to be used on old and new
school buses, (iii) the purchase and installation of seat  safety  belts
on  school buses in accordance with the provisions of section thirty-six
hundred thirty-five-a of this article, (iv) the purchase of  school  bus
back  up  beepers,  (v)  the purchase of school bus front crossing arms,
(vi) the purchase  of  school  bus  safety  sensor  devices,  (vii)  the
purchase  and  installation  of  exterior  reflective  marking on school
buses, (viii)  the  purchase  of  automatic  engine  fire  extinguishing
systems  for school buses used to transport students who use wheelchairs
or other assistive mobility devices, and  (ix)  the  purchase  of  other
equipment as prescribed in the regulations of the commissioner; and
  F.  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH C OF THIS SUBDIVISION,
ALLOWABLE EXPENSES FOR THE PURCHASE OF EQUIPMENT FOR  NEW  SCHOOL  BUSES
PURCHASED  ON  OR  AFTER  THE  EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE
LIMITED TO EXPENSES FOR THOSE  ITEMS  OF  EQUIPMENT  DETERMINED  BY  THE
DEPARTMENT TO BE COST-EFFECTIVE.

S. 2808                            45                            A. 4008

  S  49.  Section  3641  of the education law is amended by adding a new
subdivision 7 to read as follows:
  7.  A.  THERE  IS  HEREBY  ESTABLISHED WITHIN THE DEPARTMENT THE LOCAL
COMPETITIVE  PERFORMANCE  GRANT  PROGRAM  FOR  PRIORITY  INITIATIVES  TO
IMPROVE THE ACADEMIC ACHIEVEMENT OF STUDENTS.
  B.  THE  COMMISSIONER  MAY  AWARD GRANTS, WITHIN AVAILABLE FUNDING, IN
SUPPORT OF PROGRAMS THAT HAVE PROVEN TO BE EFFECTIVE  IN  IMPROVING  THE
ACADEMIC  ACHIEVEMENT  OF STUDENTS, INCLUDING TO THE EXTENT PRACTICABLE,
BUT NOT LIMITED TO, SERVICES THAT SUPPORT STUDENTS' ACADEMIC ACHIEVEMENT
AND CLASSROOM READINESS, ENHANCE THE PROFESSIONAL CAPACITY  OF  TEACHERS
OR  PROVIDE  SUPPORT FOR ECONOMICALLY DISADVANTAGED AND UNDERREPRESENTED
INDIVIDUALS WHO WISH TO ENTER THE TEACHING WORKFORCE. SUCH GRANTS  SHALL
BE  AWARDED  UNDER  THIS  SECTION  ON  A COMPETITIVE BASIS PURSUANT TO A
REQUEST FOR APPLICATION/PROPOSAL PROCESS AS DEVELOPED BY THE COMMISSION-
ER AND APPROVED BY THE DIRECTOR OF THE BUDGET.
  C. THE COMMISSIONER MAY PROMULGATE REGULATIONS, INCLUDING ON AN  EMER-
GENCY BASIS, AS NECESSARY TO IMPLEMENT THIS SECTION.
  S  50.  Paragraph b of subdivision 11 of section 3641 of the education
law, as amended by chapter 9 of the laws of 2008, is amended to read  as
follows:
  b.  To  the  Roosevelt union free school district FOR THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR there shall be paid [twelve] SIX
million dollars [($12,000,000)] ($6,000,000) on an annual basis, AND FOR
THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFT-
ER THERE SHALL BE PAID TWELVE MILLION DOLLARS  ($12,000,000)  ON  ANNUAL
BASIS. For school years commencing on July first, two thousand seven and
thereafter,  such  special  academic  improvement grant shall be payable
from funds appropriated for such purpose and shall be apportioned to the
Roosevelt union free school district  in  accordance  with  the  payment
schedules contained in section three thousand six hundred nine-a of this
article, notwithstanding any provision of law to the contrary.
  S  51.  Section 4201 of the education law, subdivision 1 as amended by
chapter 183 of the laws of 1965, paragraph h of subdivision 1 as amended
by chapter 496 of the laws of 1986 and paragraph l of subdivision  1  as
amended  by  chapter  111  of  the  laws  of 1975, is amended to read as
follows:
  S 4201. [Duties of commissioner of education] APPROVED PRIVATE SCHOOLS
FOR THE INSTRUCTION OF THE BLIND AND THE DEAF AND  OTHER  STUDENTS  WITH
DISABILITIES.   1. The following institutions for the instruction of the
deaf and of the blind shall be [subject to the visitation of the commis-
sioner of education] DEEMED TO BE APPROVED  PRIVATE  NONRESIDENTIAL  AND
RESIDENTIAL  SCHOOLS  FOR  THE  EDUCATION  OF STUDENTS WITH DISABILITIES
APPROVED PURSUANT TO PARAGRAPHS E AND G OF SUBDIVISION  TWO  OF  SECTION
FORTY-FOUR  HUNDRED  ONE OF THIS TITLE, AS APPLICABLE, AS OF JULY FIRST,
TWO THOUSAND ELEVEN AND THEREAFTER SHALL  OPERATE  AS  APPROVED  PRIVATE
NONRESIDENTIAL  AND  RESIDENTIAL SCHOOLS PURSUANT TO ARTICLE EIGHTY-NINE
OF THIS TITLE  FOR  ALL  PURPOSES,  INCLUDING  WHERE  APPLICABLE  AS  AN
APPROVED  PROGRAM  UNDER SECTION FORTY-FOUR HUNDRED EIGHT OF THIS TITLE,
EXCEPT AS OTHERWISE PROVIDED  IN  THIS  SECTION  AND  SECTION  FORTY-TWO
HUNDRED FOUR-A OF THIS ARTICLE:
  a. The New York school for the deaf;
  b. The Lexington school for the deaf;
  c. St. Mary's school for the deaf in the city of Buffalo;
  D. THE HENRY VISCARDI SCHOOL;
  e. St. Joseph's school for the deaf in the city of New York;
  f. Rochester school for the deaf in the city of Rochester;

S. 2808                            46                            A. 4008

  h.  The  New  York  Institute for Special Education in the city of New
York;
  i. Lavelle School for the Blind in the city of New York;
  j. Mill Neck Manor school for the deaf in Nassau county;
  k.  St. Francis DeSales school for the deaf and hard of hearing in the
county of Kings.
  l. Cleary Deaf Child Center, Inc., in  the  counties  of  Suffolk  and
Nassau.
  2. [It shall be the duty of the commissioner:
  a.  To  inquire  into  the organization of the several schools and the
methods of instruction employed therein.
  b. To prescribe courses of study and methods of instruction that  will
meet the requirements of the state for the education of state pupils.
  c.  To make appointments of pupils to the several schools, to transfer
such pupils from one school to another as circumstances may require;  to
cancel appointments for sufficient reason.
  d. To ascertain by a comparison with other similar institutions wheth-
er  any  improvements in instruction and discipline can be made; and for
that purpose to appoint from time to time, suitable persons to visit the
schools.
  e. To suggest to the directors of such institutions and to the  legis-
lature such improvements as he shall judge expedient.
  f.  To  make an annual report to the legislature on all of the matters
enumerated in this subdivision and particularly as to the  condition  of
the  schools,  the  improvement  of  the  pupils, and their treatment in
respect to board and lodging.] BY NO LATER THAN JULY FIRST, TWO THOUSAND
TWELVE, THE COMMISSIONER SHALL REVIEW THE APPROVED STATUS OF  EACH  SUCH
SCHOOL  AND,  BASED  ON  THE  STANDARDS APPLICABLE TO ALL OTHER APPROVED
PRIVATE SCHOOLS, DETERMINE WHETHER TO CONTINUE OR REVOKE  SUCH  APPROVAL
BASED  UPON  THE  SCHOOL'S  COMPLIANCE WITH SUCH STANDARDS. IN ADDITION,
SUCH SCHOOLS MAY BE APPROVED BY THE COMMISSIONER TO SERVE STUDENT  POPU-
LATIONS  OTHER  THAN  BLIND  OR  VISUALLY  IMPAIRED  OR  DEAF OR HEARING
IMPAIRED STUDENTS.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
THE  CONTRARY,  THE  STATE  APPOINTMENTS  OF  ALL STUDENTS OF SCHOOL AGE
ENROLLED IN SUCH SCHOOLS PRIOR TO JULY FIRST, TWO THOUSAND ELEVEN  SHALL
CONTINUE UNTIL JUNE THIRTIETH, TWO THOUSAND TWELVE OR UNTIL SUCH TIME AS
THE  COMMITTEE  ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT IN WHICH THE
STUDENT CURRENTLY RESIDES HAS RECOMMENDED  AN  INDIVIDUALIZED  EDUCATION
PROGRAM  FOR  SUCH  STUDENT  FOR  THE  TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE SCHOOL YEAR, WHICHEVER IS LATER. WHERE SUCH COMMITTEE ON  SPECIAL
EDUCATION HAS RECOMMENDED PLACEMENT IN AN APPROVED PRIVATE SCHOOL LISTED
IN  SUBDIVISION  ONE OF THIS SECTION PURSUANT TO PARAGRAPH D OF SUBDIVI-
SION TWO OF SECTION FORTY-FOUR HUNDRED ONE OF THIS  TITLE  FOR  THE  TWO
THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE SCHOOL YEAR IN AN INDIVIDUALIZED
EDUCATION PROGRAM RECOMMENDED PRIOR TO JULY FIRST, TWO THOUSAND  ELEVEN,
SUCH  PLACEMENT  SHALL BE DEEMED TO HAVE BEEN A PLACEMENT IN SUCH SCHOOL
MADE PURSUANT TO PARAGRAPHS E  AND  G  OF  SUBDIVISION  TWO  OF  SECTION
FORTY-FOUR  HUNDRED  ONE  OF  THIS  TITLE  AND  SHALL  CONTINUE  WITHOUT
DISRUPTION DESPITE TERMINATION OF THE STATE APPOINTMENT.
  4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
CURRENT  SCHOOL  DISTRICT  OF RESIDENCE OF EACH STUDENT ENROLLED IN SUCH
SCHOOL SHALL BE RESPONSIBLE  FOR  THE  TUITION  AND  MAINTENANCE  COSTS,
EXCEPT  WHERE  SUCH  MAINTENANCE  COSTS ARE REIMBURSED BY A DIRECT STATE
APPROPRIATION FOR SUCH PURPOSE, OF STUDENTS OF SCHOOL  AGE  ENROLLED  IN
SUCH  SCHOOLS  PURSUANT TO SECTION FORTY-FOUR HUNDRED FIVE OF THIS TITLE

S. 2808                            47                            A. 4008

TO THE SAME EXTENT AS WITH OTHER APPROVED PRIVATE SCHOOLS, INCLUDING ANY
STUDENTS WHOSE STATE APPOINTMENTS ARE CONTINUED BEYOND  JUNE  THIRTIETH,
TWO  THOUSAND  ELEVEN  IN  ACCORDANCE  WITH  SUBDIVISION  THREE  OF THIS
SECTION.  PROVIDED, HOWEVER, THAT THE COSTS OF PARTICIPATION IN A PUBLIC
RETIREMENT SYSTEM FOR EMPLOYEES HIRED ON OR BEFORE JUNE  THIRTIETH,  TWO
THOUSAND  ELEVEN SHALL CONTINUE TO BE ALLOWABLE AND SUCH EMPLOYEES SHALL
CONTINUE TO BE DEEMED PUBLIC EMPLOYEES AND THE SCHOOLS PUBLIC  EMPLOYERS
SOLELY  FOR  SUCH  PURPOSE.  EMPLOYEES OF SUCH SCHOOLS HIRED ON OR AFTER
JULY FIRST, TWO THOUSAND ELEVEN SHALL NOT BE ELIGIBLE TO PARTICIPATE  IN
A PUBLIC RETIREMENT SYSTEM.
  5.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ON AND AFTER JULY FIRST, TWO THOUSAND ELEVEN, SUCH SCHOOLS
SHALL NOT BE AUTHORIZED TO OPERATE  MULTIDISCIPLINARY  TEAMS,  AND  EACH
STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM MAY ONLY BE DEVELOPED, RECOM-
MENDED  AND  REVISED  BY  THE  COMMITTEE  ON  SPECIAL  EDUCATION  OF THE
STUDENT'S SCHOOL DISTRICT OF RESIDENCE.
  6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
THE  CONTRARY, ALL PRESCHOOL PROGRAMS SERVING STUDENTS WITH DISABILITIES
THAT WERE PROVIDED BY A SCHOOL ENUMERATED IN  SUBDIVISION  ONE  OF  THIS
SECTION  IN THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR, OTHER
THAN THOSE PROGRAMS AUTHORIZED BY SECTION FORTY-TWO  HUNDRED  FOUR-A  OF
THIS ARTICLE, SHALL, AS OF JULY FIRST, TWO THOUSAND ELEVEN, BE DEEMED TO
BE  APPROVED PROGRAMS PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF THIS
TITLE. BY NO LATER THAN JULY FIRST, TWO THOUSAND TWELVE, THE COMMISSION-
ER SHALL REVIEW THE APPROVED STATUS OF EACH SUCH PROGRAM AND,  BASED  ON
THE  STANDARDS  APPLICABLE  TO  ALL OTHER APPROVED PROGRAMS FOR CHILDREN
WITH DISABILITIES, DETERMINE WHETHER TO CONTINUE OR REVOKE SUCH APPROVAL
BASED UPON THE SCHOOL'S COMPLIANCE WITH SUCH STANDARDS.
  7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
THE CONTRARY, ANY REFERENCE IN LAW TO "STATE-SUPPORTED SCHOOLS" SHALL BE
DEEMED  A REFERENCE TO THE SCHOOLS ENUMERATED IN SUBDIVISION ONE OF THIS
SECTION AND SHALL CONTINUE  IN  EFFECT  UNLESS  IT  CONFLICTS  WITH  THE
PROVISIONS OF THIS SECTION, IN WHICH CASE THE PROVISIONS OF THIS SECTION
SHALL PREVAIL.
  S 52. Sections 4202, 4203, subdivisions 2 and 3 of section 4204, 4205,
4206,  subdivisions  2,  3 and 4 of section 4207, 4208, 4209, 4211, 4212
and 4213 of the education law are REPEALED.
  S 53. Subdivision 1 of section 4204 of the education law,  as  amended
by chapter 352 of the laws of 1958, is amended to read as follows:
  1.  Each deaf pupil so received into any of the institutions aforesaid
shall  be provided with board, lodging and tuition; and the directors of
the institution  shall  receive  an  appropriation  for  each  pupil  so
provided  for,  in quarterly payments, to be paid by the commissioner of
taxation and finance, on the warrant of the comptroller, to the treasur-
er of said institution; provided, however, that an estimated one-half of
each such quarterly payment shall be due on the first day of each  quar-
ter,  the  estimate  to be based on the affidavit of the chief executive
officer of the institution stating the number of pupils for whom  board,
lodging  and  tuition  was  so  provided  by  the institution during the
preceding quarter and during the comparable  quarter  of  the  preceding
year, and the remaining part of each such quarterly payment shall be due
thereafter  on the first day of the quarter next ensuing, upon the pres-
entation by the treasurer of the institution of a bill showing the actu-
al time and number of pupils attending the institution, which bill shall
be signed by the chief executive officer of the institution,  and  veri-
fied  by  his  oath.  THE  PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO

S. 2808                            48                            A. 4008

BOARD, LODGING AND TUITION FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN
AND PRIOR SCHOOL YEARS.
  S 54. Section 4204-a of the education law, as added by chapter 1066 of
the laws of 1974, subdivision 1 as amended by chapter 705 of the laws of
1992, is amended to read as follows:
  S 4204-a.  DEAF-INFANT PROGRAM. (1) All deaf children resident in this
state, below the age of three, of suitable age and capacity,  who  shall
have  been resident in this state for one year immediately preceding the
application, or is an orphan whose nearest friend shall have been  resi-
dent  in  this state for one year immediately preceding the application,
shall be eligible to receive approved educational services in one of the
institutions for instruction for the deaf of the state as enumerated  in
section forty-two hundred one of this article, as well as in such educa-
tional  programs or other like facilities which shall, in the discretion
of the commissioner, be certified as eligible to receive such pupils  on
a  day  basis  only;  provided, however, the foregoing requirement as to
length of residence in this state may be waived in the discretion of the
commissioner. Such children who are first eligible for services pursuant
to section forty-four hundred ten of this [chapter] TITLE whose  parents
or  persons  in  parental  relationship  elect  to have them continue to
receive services pursuant to this section may do so through August thir-
ty-first of the calendar year in which such child turns three.
  (2) Each deaf pupil so received into any of the approved  institutions
or  facilities  aforesaid shall be provided with tuition; and the direc-
tors of the institution or facility shall receive an  appropriation  for
each  pupil  so  provided  for, in quarterly payments, to be paid by the
commissioner of taxation and finance on the warrant of the  comptroller,
to the treasurer of said institution or facility, on his OR HER present-
ing  a  bill showing the actual time and number of pupils in attendance,
which bill shall be signed by the chief executive officer of the  insti-
tution, and verified under his OR HER oath.
  (3)  Children  placed  in  any  such approved institution or facility,
pursuant to this section, shall be maintained therein  on  a  day  basis
only at the expense of the state for the period of time the school is in
session.  Further,  the  commissioner shall approve such expense only if
the child attends the facility  nearest  his  OR  HER  legal  residence;
provided, however, that the foregoing requirement as to the facility the
child shall attend may be waived in the discretion of the commissioner.
  (4)  The  commissioner  shall  promulgate  such  rules and regulations
pertaining to the educational  programs  for  deaf  children  placed  in
facilities  under the provisions of this section as he OR SHE shall deem
to be in the best interests of such children.
  (5) The [state education] department shall maintain a register of such
approved institutions or facilities which, after  inspection,  it  deems
qualified  to meet the needs of such child for instruction of such child
in such institution or facility. Such inspection  shall  also  determine
the  eligibility  of  such  educational  facility  to  receive the funds
hereinbefore specified.
  S 55. Section 4204-b of the education law, as added by chapter 853  of
the laws of 1976, is amended to read as follows:
  S 4204-b. School  district contribution.  The school district of which
any such child is resident at the time of admission  or  readmission  to
any  of  the  institutions or facilities enumerated in section forty-two
hundred one of this [chapter] ARTICLE shall be required to reimburse the
state on account of any expenditure made by the state for any such child
initially appointed by the commissioner to such institution or  facility

S. 2808                            49                            A. 4008

after  June thirtieth, nineteen hundred seventy-seven AND ATTENDING SUCH
FACILITY OR INSTITUTION IN THE TWO  THOUSAND  TEN--TWO  THOUSAND  ELEVEN
SCHOOL  YEAR  OR  A  PRIOR  SCHOOL YEAR in an amount equal to the school
district  basic  contribution  defined  in  subdivision eight of section
forty-four hundred one of this [chapter] TITLE.  The  state  comptroller
may  deduct  from  any state funds which become due to a school district
for each year in which such child was in attendance at such  institution
or  facility an amount equal to the reimbursement required to be made by
such school district in accordance with this section, and the amount  so
deducted shall not be included in the operating expense of such district
for  the  purposes  of computing the apportionment for operating expense
aid pursuant to subdivision eleven of section thirty-six hundred two  of
this chapter.
  S  56.  Subdivision 1 of section 4207 of the education law, as amended
by chapter 352 of the laws of 1958, is amended to read as follows:
  1. Each blind pupil so received into any of the institutions specified
in this article shall be provided with board, lodging and  tuition;  and
the directors of the institution shall receive an appropriation for each
pupil  so provided for, in quarterly payments, to be paid by the commis-
sioner of taxation and finance, on the warrant of  the  comptroller,  to
the  treasurer of said institution; provided, however, that an estimated
one-half of each such quarterly payment shall be due on the first day of
each quarter, the estimate to be based on the  affidavit  of  the  chief
executive  officer  of  the institution stating the number of pupils for
whom board, lodging and tuition  was  so  provided  by  the  institution
during  the  preceding  quarter and during the comparable quarter of the
preceding year, and the remaining part of each  such  quarterly  payment
shall  be  due  thereafter on the first day of the quarter next ensuing,
upon the presentation by the treasurer of  the  institution  of  a  bill
showing  the actual time and number of pupils attending the institution,
which bill shall be signed by the chief executive officer of the  insti-
tution,  and  verified  by his oath.  THE PROVISIONS OF THIS SUBDIVISION
SHALL APPLY TO BOARD, LODGING AND TUITION FOR THE TWO THOUSAND  TEN--TWO
THOUSAND ELEVEN AND PRIOR SCHOOL YEARS.
  S  57.  Paragraph  d of subdivision 2 of section 4401 of the education
law, as amended by chapter 53 of the laws of 1990, is amended to read as
follows:
  d. Appointment by the commissioner to a  state  school  in  accordance
with  article  eighty-seven or eighty-eight of this [chapter or a state-
supported school in accordance with article eighty-five of this chapter]
TITLE.
  S 58. Subdivision 6 of section 4402 of the education law,  as  amended
by section 34 of part A of chapter 57 of the laws of 2009, is amended to
read as follows:
  6.  Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with  a  population  of
one  hundred twenty-five thousand or more inhabitants shall be permitted
to establish  maximum  class  sizes  for  special  classes  for  certain
students  with  disabilities  in  accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to  low
student  attendance  in  special  education  classes  at  the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred  ninety-five--nine-
ty-six  through  June  thirtieth,  two thousand [ten] TWELVE of the [two
thousand nine--two  thousand  ten]  TWO  THOUSAND  ELEVEN--TWO  THOUSAND

S. 2808                            50                            A. 4008

TWELVE  school  year,  be  authorized to increase class sizes in special
classes containing students  with  disabilities  whose  age  ranges  are
equivalent  to  those  of  students  in  middle and secondary schools as
defined  by  the  commissioner for purposes of this section by up to but
not to exceed one and two tenths times the applicable maximum class size
specified in regulations of the commissioner rounded up to  the  nearest
whole  number,  provided  that  in a city school district having a popu-
lation of one million or more, classes that have a maximum class size of
fifteen may be increased by no more than one student and  provided  that
the  projected average class size shall not exceed the maximum specified
in the applicable regulation, provided  that  such  authorization  shall
terminate  on  June thirtieth, two thousand. Such authorization shall be
granted upon filing of a notice by such a board of  education  with  the
commissioner  stating the board's intention to increase such class sizes
and a certification that the board will conduct a  study  of  attendance
problems  at  the secondary level and will implement a corrective action
plan to increase the rate of attendance of students in such  classes  to
at  least  the  rate for students attending regular education classes in
secondary schools of the district. Such corrective action plan shall  be
submitted  for  approval by the commissioner by a date during the school
year in which such board increases class sizes as provided  pursuant  to
this  subdivision  to  be  prescribed by the commissioner. Upon at least
thirty days notice to the board of education, after  conclusion  of  the
school year in which such board increases class sizes as provided pursu-
ant  to this subdivision, the commissioner shall be authorized to termi-
nate such authorization upon a finding that  the  board  has  failed  to
develop or implement an approved corrective action plan.
  S  59. Subdivision 17 of section 4403 of the education law, as amended
by chapter 53 of the laws of 1987, is amended to read as follows:
  17. Commencing with the  nineteen  hundred  eighty-seven--eighty-eight
school  year,  to  provide for instruction during the months of July and
August of students with [handicapping conditions] DISABILITIES who  have
received  state  appointments pursuant to article [eighty-five,] eighty-
seven or eighty-eight of this [chapter] TITLE  and  whose  [handicapping
conditions]  DISABILITIES,  in  the  judgment  of  the commissioner, are
severe enough to exhibit the need for a structured learning  environment
of  twelve  months  duration to maintain developmental levels, by making
such appointments for twelve months; provided that the initial  term  of
appointment  of a student with a [handicapping condition] DISABILITY who
is the minimum age eligible for  such  a  state  appointment  shall  not
commence during the months of July or August.
  S  60.  Section 4408 of the education law, as amended by chapter 82 of
the laws of 1995, subdivision 1 as amended by section 32 and subdivision
3 as amended by section 33 of part A-1 of chapter  58  of  the  laws  of
2006, is amended to read as follows:
  S  4408.  Payment for July and August programs for students with disa-
bilities.   1. State aid.  The  commissioner  shall  make  payments  for
approved  July  and  August  programs  for students with disabilities in
accordance with this section in an amount equal to [eighty  percent  of]
THE  PRODUCT OF THE STATE PAYMENT, COMPUTED PURSUANT TO SUBDIVISION FIVE
OF THIS SECTION, AND the sum of the  approved  tuition  and  maintenance
rates  and the transportation expense for the current year enrollment of
students with disabilities ages  five  through  twenty-one  or  students
eligible for services during July and August pursuant to article [eight-
y-five,]  eighty-seven or eighty-eight of this chapter, where such costs
are determined pursuant to section forty-four hundred five of this arti-

S. 2808                            51                            A. 4008

cle, provided that the placement of such students was  approved  by  the
commissioner, if required. Such programs shall operate for six weeks and
shall  be funded for thirty days of service, provided, however, that the
observance  of  the  legal holiday for Independence day may constitute a
day of service. Upon certification by the school district in  which  the
student resides, that such services were provided, such payment shall be
made to the provider of such services, in accordance with the provisions
of subdivision three of this section.
  2.  Chargeback  to a municipality. Ten percent of the approved cost of
July and August services provided pursuant  to  this  section  for  each
student  shall be a charge against the municipality in which the parent,
or person in parental relationship to  such  student,  resided  on  July
first of the school year in which such services were provided. The comp-
troller  shall deduct from any state funds which become due to a munici-
pality an amount equal to such ten percent required in  accordance  with
this  subdivision which amount shall be credited to the local assistance
account of the state education department as designated by the  division
of the budget.
  3.  Payment  schedule.  For  aid payable in the [two thousand six--two
thousand seven] TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE school year AND
THEREAFTER, moneys appropriated annually  to  the  department  from  the
general fund - local assistance account under the elementary, middle and
secondary  education  program  for July and August programs for students
with disabilities, shall be used as follows: (i) for remaining base year
and prior school years obligations, PROVIDED THAT STATE AID PAYMENTS DUE
FOR SUCH PRIOR SCHOOL YEARS SHALL BE PAID WITHIN THE LIMIT OF THE APPRO-
PRIATION DESIGNATED FOR SUCH PURPOSE, AND  PROVIDED  FURTHER  THAT  EACH
ELIGIBLE  CLAIM  SHALL BE PAYABLE IN THE ORDER THAT IT HAS BEEN APPROVED
FOR PAYMENT BY THE COMMISSIONER, BUT IN NO CASE  SHALL  A  SINGLE  CLAIM
DRAW  DOWN  MORE  THAN FORTY-FIVE PERCENT OF THE APPROPRIATION SO DESIG-
NATED FOR A SINGLE YEAR, AND PROVIDED FURTHER THAT NO CLAIM SHALL BE SET
ASIDE FOR INSUFFICIENCY OF FUNDS TO MAKE A COMPLETE PAYMENT,  BUT  SHALL
BE  ELIGIBLE  FOR  A  PARTIAL  PAYMENT  IN ONE YEAR AND SHALL RETAIN ITS
PRIORITY DATE STATUS FOR APPROPRIATIONS DESIGNATED FOR SUCH PURPOSES  IN
FUTURE  YEARS, (ii) for the purposes of subdivision four of this section
for schools operated under articles  eighty-seven  and  eighty-eight  of
this  chapter,  OR  ANY  OTHER  PURPOSE  OF SUCH APPROPRIATION EXCEPT AS
DESIGNATED IN PARAGRAPH (I) OF THIS SUBDIVISION AND THIS  PARAGRAPH  and
(iii)  notwithstanding  any inconsistent provisions of this chapter, for
payments made pursuant to this section for  current  school  year  obli-
gations  WITHIN  THE LIMIT OF THE AMOUNT OF THE APPROPRIATION DESIGNATED
FOR SUCH PURPOSE THAT REMAINS AFTER PAYMENT OF CLAIMS PURSUANT TO  PARA-
GRAPHS  (I)  AND  (II) OF THIS SUBDIVISION, provided, however, that such
payments shall not exceed seventy percent of the state aid due  for  the
sum  of  the  approved  tuition and maintenance rates and transportation
expense provided for herein; provided, however, that payment of eligible
claims shall be payable in the order that such claims have been approved
for payment by the commissioner, but in no case  shall  a  single  payee
draw down more than forty-five percent of the appropriation provided for
the  purposes  of this section, and provided further that no claim shall
be set aside for insufficiency of funds to make a complete payment,  but
shall be eligible for a partial payment in one year and shall retain its
priority  date  status  for  appropriations provided for this section in
future years.
  4. Of the amount so appropriated to the department for  the  July  and
August  programs  for  schools  operated under articles eighty-seven and

S. 2808                            52                            A. 4008

eighty-eight of this chapter, an amount  shall  be  transferred  to  the
special  revenue  funds  -  other, Batavia school for the blind and Rome
school for the deaf accounts, pursuant to a plan to be developed by  the
commissioner  and  approved  by  the director of the budget for students
with disabilities attending July and August programs  pursuant  to  this
section  at such schools pursuant to such articles. Such amount shall be
determined by the tuition and maintenance rates and the total number  of
students  with  disabilities  approved by the commissioner for placement
for the July and August program. The commissioner  shall  establish  the
methodology  for  computation  of such tuition and maintenance rates for
each school which shall take into  account  all  pertinent  expenditures
including  administration,  direct  care staff, nondirect care staff and
other than personal service costs.
  5. State [share] PAYMENT.  A.  FOR SCHOOL YEARS  COMMENCING  PRIOR  TO
JULY  FIRST,  TWO  THOUSAND  ELEVEN,  THE  STATE PAYMENT SHALL BE EIGHTY
PERCENT OF THE SUM OF SUCH APPROVED TUITION AND  MAINTENANCE  RATES  AND
TRANSPORTATION EXPENSE.
  B.  FOR  SCHOOL  YEARS COMMENCING ON OR AFTER JULY FIRST, TWO THOUSAND
ELEVEN, THE STATE PAYMENT SHALL BE EQUAL TO THE STATE SHARING RATIO  FOR
TOTAL  FOUNDATION  AID  COMPUTED  PURSUANT TO PARAGRAPH G OF SUBDIVISION
THREE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER, BUT  SHALL  NOT
BE LESS THAN TWENTY PERCENT NOR MORE THAN NINETY PERCENT.
  C. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO ALTER THE CHARGE-
BACK  TO  A  MUNICIPALITY  REQUIRED  PURSUANT TO SUBDIVISION TWO OF THIS
SECTION.
  6. MEDICAID ADJUSTMENT. In accordance with the provisions of  subpara-
graph  four  of  paragraph  b  of  subdivision one of section thirty-six
hundred nine-a of this chapter FOR  SERVICES  PROVIDED  DURING  THE  TWO
THOUSAND EIGHT--TWO THOUSAND NINE AND PRIOR SCHOOL YEARS, any moneys due
the school district shall be reduced by an amount equal to fifty percent
of  any federal participation, pursuant to title XIX of the social secu-
rity act, in  special  education  programs  provided  pursuant  to  this
section.   FOR SERVICES PROVIDED DURING THE TWO THOUSAND NINE--TWO THOU-
SAND TEN SCHOOL YEAR AND THEREAFTER, OR FOR SERVICES PROVIDED IN A PRIOR
SCHOOL YEAR THAT WERE NOT REIMBURSED BY THE STATE  ON  OR  BEFORE  APRIL
FIRST,  TWO  THOUSAND  ELEVEN,  SUCH STATE SHARE SHALL BE DESIGNATED AND
TRANSFERRED PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-B OF THIS  CHAP-
TER.
  [6.] 7. Notwithstanding any other provision of law to the contrary, no
payments  shall  be made by the commissioner pursuant to this section on
or after July first,  nineteen  hundred  ninety-six  based  on  a  claim
submitted  later  than  three  years after the end of the school year in
which services were rendered, provided however that no payment shall  be
barred  or reduced where such payment is required as a result of a court
order or judgment or a final audit.
  S 61. Intentionally omitted.
  S 62. Paragraphs a and d of subdivision 1 of  section  4410-b  of  the
education law, as added by chapter 6 of the laws of 2000, are amended to
read as follows:
  a.  "Approved preschool special education program" shall mean a public
or private agency which has been  approved  by  the  commissioner  as  a
provider of special education programs or services to preschool students
with  disabilities  pursuant  to  subdivision nine of section forty-four
hundred ten of this article or A DEAF-INFANT PROGRAM  PROVIDED  pursuant
to article eighty-five of this chapter.

S. 2808                            53                            A. 4008

  d. "Public or private agency" shall mean an approved preschool special
education  program,  or  [a  state-supported] AN APPROVED PRIVATE school
[operating pursuant to article eighty-five] LISTED IN SUBDIVISION ONE OF
SECTION FORTY-TWO HUNDRED ONE of this chapter THAT PROVIDES  A  DEAF-IN-
FANT  PROGRAM,  or  an  approved  private non-residential or residential
school that provides special services or programs pursuant  to  subdivi-
sion  two  of  section forty-four hundred one of this article. Such term
shall not include an  individual  providing  related  services  only  to
preschool  students  with  disabilities  pursuant  to section forty-four
hundred ten of this article. Such term shall include a board of  cooper-
ative  educational  services  only  to  the  extent  it  is  an approved
preschool  special  education  program,  and  only  for  those  students
provided  special  education  programs  or  services pursuant to section
forty-four hundred ten of this article.
  S 63. Clause (b) of subparagraph (iii) of paragraph b  of  subdivision
11  of  section  4410 of the education law, as amended by chapter 205 of
the laws of 2009, is amended to read as follows:
  (b) Any moneys due  municipalities  pursuant  to  this  paragraph  for
services  provided during the two thousand nine--two thousand ten school
year and thereafter, OR FOR SERVICES PROVIDED IN  A  PRIOR  SCHOOL  YEAR
THAT  WERE  NOT  REIMBURSED  BY  THE STATE ON OR BEFORE APRIL FIRST, TWO
THOUSAND ELEVEN, shall, in the first  instance,  be  designated  as  the
state  share  of  moneys due a municipality pursuant to title XIX of the
social security act, on account of  school  supportive  health  services
provided  to  preschool  students  with  disabilities  pursuant  to this
section. Such state share shall be assigned on behalf of  municipalities
to  the  department of health, as provided herein; the amount designated
as such nonfederal share shall be transferred by the commissioner to the
department of health based on the monthly report of the commissioner  of
health  to  the commissioner; and any remaining moneys to be apportioned
to a municipality pursuant to this section shall be paid  in  accordance
with  this  section.  The  amount  to  be  assigned to the department of
health, as determined by the commissioner of  health,  for  any  munici-
pality shall not exceed the federal share of any moneys due such munici-
pality  pursuant  to title XIX of the social security act. Moneys desig-
nated as state share moneys shall be paid to such  municipality  by  the
department  of  health  based  on  the submission and approval of claims
related to  such  school  supportive  health  services,  in  the  manner
provided by law.
  S  64.  Subparagraph 4 of paragraph b of subdivision 4 of section 92-c
of the state finance law, as amended by section 46 of part B of  chapter
57 of the laws of 2007, is amended to read as follows:
  (4)  each  eligible school district shall be entitled to an additional
lottery grant equal to the result of multiplying  the  district's  total
aidable  FOUNDATION  pupil  units for the base year COMPUTED PURSUANT TO
PARAGRAPH G OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
ACT by:

                      Base Grant x (1 + aid ratio)

  Where, the base grant shall equal the sum of the net  total  available
moneys  after  making payments pursuant to subparagraphs (1), (2), (2-a)
and (3) above, plus an  amount  from  the  general  support  for  public
schools--  general  fund  local  assistance  account  equal  to the June
lottery payment, divided by the total aidable FOUNDATION pupil units  of
the state and where the Aid Ratio is equal to one minus the pupil wealth

S. 2808                            54                            A. 4008

ratio  of  the  district  as  such term is defined in section thirty-six
hundred two of the education law. In no case shall a school district aid
ratio exceed one (1) or be less than minus one (-1).
  S  65.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
relating to funding a program for work force education conducted by  the
consortium  for worker education in New York city, as amended by section
41 of part A of chapter 57 of the laws of 2009, is amended  to  read  as
follows:
  b.  Reimbursement for programs approved in accordance with subdivision
a of this section [for the 2006-07 school year  shall  not  exceed  64.7
percent  of the lesser of such approvable costs per contact hour or nine
dollars and twenty-five cents per contact  hour  where  a  contact  hour
represents sixty minutes of instruction services provided to an eligible
adult,  reimbursement  for the 2007-08 school year shall not exceed 63.3
percent of the lesser of such approvable costs per contact hour or  nine
dollars  and  ninety cents per contact hour where a contact hour repres-
ents sixty minutes of  instruction  services  provided  to  an  eligible
adult],  reimbursement for the 2008-09 school year shall not exceed 62.8
percent of the lesser of such approvable costs per contact hour  or  ten
dollars  and  sixty-five  cents  per  contact hour [where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult and], reimbursement for the 2009-10 school year shall  not  exceed
64.1  percent of the lesser of such approvable costs per contact hour or
eleven dollars and [fifty] FORTY cents per contact hour [where a contact
hour represents sixty minutes of instruction  services  provided  to  an
eligible  adult],  REIMBURSEMENT  FOR  THE 2010-11 SCHOOL YEAR SHALL NOT
EXCEED 62.6 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS  PER  CONTACT
HOUR OR TWELVE DOLLARS AND FIVE CENTS PER CONTACT HOUR AND REIMBURSEMENT
FOR THE  2011-12 SCHOOL YEAR SHALL NOT EXCEED 62.9 PERCENT OF THE LESSER
OF  SUCH APPROVABLE COSTS PER CONTACT HOUR OR TWELVE DOLLARS AND TWENTY-
NINE CENTS PER CONTACT HOUR,  WHERE  A  CONTACT  HOUR  REPRESENTS  SIXTY
MINUTES OF INSTRUCTION SERVICES PROVIDED TO AN ELIGIBLE ADULT.  Notwith-
standing  any  other  provision of law to the contrary, [for the 2006-07
school year such contact hours shall not exceed one million nine hundred
twenty-three thousand seventy-six (1,923,076)  hours;  whereas  for  the
2007-08  school  year  such  contact  hours shall not exceed one million
eight hundred thirty-seven thousand sixty  (1,837,060)  hours;  whereas]
for  the  2008-09  school  year  such contact hours shall not exceed one
million nine hundred forty-six thousand one  hundred  seven  (1,946,107)
hours;  whereas for the 2009-10 school year such contact hours shall not
exceed one million seven hundred  [sixty-three]  EIGHTY  thousand  [nine
hundred  seven  (1,763,907)] EIGHT HUNDRED TWENTY-ONE (1,780,821) hours;
WHEREAS FOR THE 2010-11 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT  EXCEED
ONE  MILLION  FIVE HUNDRED TWENTY-FIVE THOUSAND ONE HUNDRED NINETY-EIGHT
(1,525,198) HOURS; WHEREAS FOR THE  2011-12  SCHOOL  YEAR  SUCH  CONTACT
HOURS  SHALL  NOT  EXCEED ONE MILLION FOUR HUNDRED NINETY-THREE THOUSAND
FIVE HUNDRED SIX (1,493,506) HOURS.
  Notwithstanding any other provision of law to the contrary, the appor-
tionment calculated for the city school district of the city of New York
pursuant to subdivision 11 of section 3602 of the education law shall be
computed as if such contact hours provided by the consortium for  worker
education, not to exceed the contact hours set forth herein, were eligi-
ble  for aid in accordance with the provisions of such subdivision 11 of
section 3602 of the education law.
  S 66. Section 4 of chapter 756 of the laws of 1992, relating to  fund-
ing  a  program for work force education conducted by the consortium for

S. 2808                            55                            A. 4008

worker education in New York city, is amended by adding a  new  subdivi-
sion p to read as follows:
  P.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2011-2012 SCHOOL YEAR.    NOTWITHSTANDING
ANY  INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID  DUE  TO  THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED  THOUSAND  DOLLARS
($11,500,000).
  S  67. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker education in New York city, as amended by section 43 of part A of
chapter 57 of the laws of 2009, is amended to read as follows:
  S  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
repealed on June 30, [2010] 2012.
  S 68. Subdivision 1 of section 167 of chapter 169 of the laws of  1994
relating  to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by section 44 of part A of chapter 57 of the laws of 2009, is amended to
read as follows:
  1. Sections one through seventy of this act shall be  deemed  to  have
been  in  full  force  and effect as of April 1, 1994 provided, however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only  to  hearings  commenced  prior  to September 1, 1994, and provided
further that section twenty-six of this act shall expire and  be  deemed
repealed  on  March  31,  1997;  and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed  repealed  on  March
31,  1997; and provided further that sections three, fifteen, seventeen,
twenty[,] AND twenty-two [and twenty-three] of this act shall expire and
be deemed repealed on March 31, [2011] 2013.
  S 69. Subdivisions 22 and 24 of section 140 of chapter 82 of the  laws
of  1995,  amending the education law and certain other laws relating to
state aid to school districts and the appropriation  of  funds  for  the
support  of government, as amended by section 45 of part A of chapter 57
of the laws of 2009, are amended to read as follows:
  (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
fourteen,  one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2010] 2012 at which time it shall be deemed repealed;
  (24) sections one hundred eighteen through one hundred thirty of  this
act  shall  be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred nineteen of this act shall be  deemed  to  be
repealed on and after July 1, [2010] 2012;
  S  70.  Section  2  of  chapter  386 of the laws of 1996, amending the
education law relating to providing for a waiver allowing state  aid  in
certain circumstances, as amended by chapter 661 of the laws of 2005, is
amended to read as follows:
  S  2.  This  act  shall  take  effect  immediately,  provided that the
provisions of this act shall be deemed to have been in  full  force  and

S. 2808                            56                            A. 4008

effect  on  and  after January 1, 1996[, and provided, further that this
act shall be deemed repealed on and after January 1, 2011].
  S 71. Section 7 of chapter 472 of the laws of 1998 amending the educa-
tion  law  relating to the lease of school buses by school districts, as
amended by section 46 of part A of chapter 57 of the laws  of  2009,  is
amended to read as follows:
  S  7.  This  act shall take effect September 1, 1998, and shall expire
and be deemed repealed September 1, [2011] 2013.
  S 72. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
education  law  relating  to conditional appointment of school district,
charter school or BOCES employees, as amended by chapter 179 of the laws
of 2009, is amended to read as follows:
  S 12. This act shall take effect on the same date as  chapter  180  of
the laws of 2000 takes effect, and shall expire July 1, [2010] 2012 when
upon such date the provisions of this act shall be deemed repealed.
  S  73.  Section  4  of  chapter  425 of the laws of 2002, amending the
education law relating to  the  provision  of  supplemental  educational
services,  attendance  at  a  safe  public  school and the suspension of
pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
amended  by  chapter  158  of  the  laws  of 2009, is amended to read as
follows:
  S 4. This act shall take effect July 1, 2002 and shall expire  and  be
deemed repealed June 30, [2010] 2012.
  S  74.  Section  5  of  chapter  101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by chapter 158 of the laws of 2009,  is  amended  to
read as follows:
  S  5.  This  act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be  deemed  repealed  on
June 30, [2010] 2012.
  S  75. Subdivision 4 of section 51 of part B of chapter 57 of the laws
of 2008 amending the education law relating to the universal pre-kinder-
garten program, is amended to read as follows:
  4. section 23 of this act shall take effect July  1,  2008  and  shall
expire and be deemed repealed June 30, [2010] 2012;
  S  76.  Section  23  of  chapter  169 of the laws of 1994, relating to
certain provisions related to  the  1994-95  state  operations,  aid  to
localities, capital projects and debt service budgets, is REPEALED.
  S  77.  Section  1 of chapter 665 of the laws of 1963, relating to the
Human Resources School, as amended by chapter 1060 of the laws  of  1974
and  subdivision  f  as  added  by  chapter  235 of the laws of 1990, is
amended to read as follows:
  Section 1. a. Whereas the state of New York is committed to the devel-
opment of educational programs for all of its pupils and  the  promotion
and  development  of  EDUCATIONAL  programs for [physically handicapped]
children WITH PHYSICAL DISABILITIES in public  school  classes  so  that
they may benefit from the many advantages inherent in group instruction.
  In  the  fulfillment of this commitment and notwithstanding any incon-
sistent provision of law,  the  legislature  does  hereby,  through  the
facility  known  as the [Human Resources] HENRY VISCARDI school, provide
for the instruction of [severely physically handicapped]  children  WITH
SEVERE  PHYSICAL DISABILITIES who prior to admission to such school have
been receiving home-instruction, attending out-of-state schools or  have
been  exempted  from  school  because their disability or combination of
disabilities is such to make them ineligible for or  unable  to  receive
instruction in regular schools.

S. 2808                            57                            A. 4008

  b.  The  [Human Resources] HENRY VISCARDI school shall be [the subject
of visitation of the commissioner of education to  the  same  extent  as
prescribed  for  those  schools]  AN APPROVED PRIVATE SCHOOL PURSUANT TO
ARTICLE 89 OF THE EDUCATION LAW  AS  set  forth  in  section  [forty-two
hundred  one]  4201 of the education law [and the commissioner of educa-
tion shall have the same duties toward the  Human  Resources  school  as
prescribed  in  sections forty-two hundred one and forty-two hundred two
of the education law].
  c. Each such severely physically [handicapped] DISABLED child received
into the [Human Resources] HENRY VISCARDI school shall, IN THE TWO THOU-
SAND TEN--TWO THOUSAND ELEVEN AND PRIOR SCHOOL YEARS, be  provided  with
tuition  and  the  directors or trustees of said [Human Resources] HENRY
VISCARDI school  shall  receive  an  appropriation  for  each  pupil  so
provided  for,  to  the same extent as that provided for the schools for
the deaf and blind as enumerated in section [forty-two hundred one] 4201
of the education law and in the same manner  as  set  forth  in  section
forty-two  hundred  four of the education law except that in the case of
[Human Resources] THE HENRY VISCARDI school  no  payment  for  board  or
lodging shall be provided.
  [The  commissioner is authorized to transfer any funds appropriated by
the legislature for the Human Resources school to those funds  appropri-
ated  for  those  schools enumerated in section forty-two hundred one of
the education  law.  Thereafter,  the  commissioner  shall  include  the
expenses  anticipated  for the support of such severely physically hand-
icapped students attending the Human  Resources  school  in  the  budget
estimates,  submissions  and  appropriations  made  pursuant  to section
forty-two hundred four of the education law.]
  d. The  eligibility  requirements  for  pupils  attending  the  [Human
Resources] HENRY VISCARDI school shall extend to all severely physically
[handicapped] DISABLED children [who meet the residence and age require-
ments, subject to the waiver by the commissioner as set forth in section
forty-two  hundred  three  of the education law] AND OTHER STUDENTS WITH
DISABILITIES LAWFULLY ATTENDING PROGRAMS  OFFERED  BY  SUCH  SCHOOL  AND
APPROVED BY THE COMMISSIONER OF EDUCATION.
  e.  [The  term of instruction for pupils in the Human Resources school
shall be the same as that  set  forth  in  subdivision  two  of  section
forty-two hundred four of the education law.
  f.]  In  the event that the name "Human Resources School" as set forth
herein is changed, the provisions hereof shall apply to such  school  as
renamed.
  S  78.  Subdivision 2 of section 1676 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
  APPROVED PRIVATE NON-PROFIT SCHOOLS FOR THE DEAF AND  BLIND  OR  OTHER
STUDENTS  WITH  DISABILITIES  AS  LISTED  IN  SUBDIVISION ONE OF SECTION
FORTY-TWO HUNDRED ONE OF THE EDUCATION LAW  WHICH  IS  APPROVED  BY  THE
COMMISSIONER  OF EDUCATION TO PROVIDE SERVICES TO SUCH STUDENTS PURSUANT
TO ARTICLE EIGHTY-NINE OF THE EDUCATION LAW.
  S 79. Subdivision 1 of section 1680 of the public authorities  law  is
amended by adding a new undesignated paragraph to read as follows:
  APPROVED  PRIVATE  NON-PROFIT  SCHOOLS FOR THE DEAF AND BLIND OR OTHER
STUDENTS WITH DISABILITIES AS  LISTED  IN  SUBDIVISION  ONE  OF  SECTION
FORTY-TWO  HUNDRED  ONE  OF  THE  EDUCATION LAW WHICH IS APPROVED BY THE
COMMISSIONER OF EDUCATION TO PROVIDE SERVICES TO SUCH STUDENTS  PURSUANT
TO ARTICLE EIGHTY-NINE OF THE EDUCATION LAW.
  S  80. Section 1680 of the public authorities law is amended by adding
a new subdivision 41 to read as follows:

S. 2808                            58                            A. 4008

  41. A. THE DORMITORY AUTHORITY MAY ENTER  INTO  LEASES,  SUBLEASES  OR
OTHER AGREEMENTS WITH APPROVED PRIVATE NON-PROFIT SCHOOLS, AS DEFINED IN
THIS  SUBDIVISION,  FOR  THE  FINANCING OF AND THE DESIGN, CONSTRUCTION,
RECONSTRUCTION, REHABILITATION, IMPROVEMENT, RENOVATION, ACQUISITION  OR
OTHERWISE  PROVIDING  FOR, FURNISHING OR EQUIPPING OF CAPITAL FACILITIES
WHICH ARE EDUCATIONAL FACILITIES WHERE THE TOTAL ESTIMATED COST OF  SUCH
FACILITIES EXCEEDS TEN THOUSAND DOLLARS. THE PLANS AND SPECIFICATIONS OF
SUCH  CAPITAL FACILITIES SHALL BE SUBJECT TO THE APPROVAL OF THE COMMIS-
SIONER OF EDUCATION WITH RESPECT TO EDUCATIONAL FACILITIES. SUCH CAPITAL
FACILITIES MAY BE  CONSTRUCTED  ONLY  ON  LAND  OWNED  BY  SUCH  PRIVATE
NOT-FOR-PROFIT  SCHOOL OR, IF THE LAND IS LEASED, WHERE THE LEASE IS FOR
A PERIOD AT LEAST EQUAL TO THE APPROPRIATE PERIOD OF PROBABLE USEFULNESS
FOR SUCH FACILITIES AS LISTED IN SECTION 11.00 OF THE LOCAL FINANCE LAW,
OR THE LENGTH OF THE LEASE, SUBLEASE OR OTHER AGREEMENT WITH THE  DORMI-
TORY AUTHORITY, WHICHEVER IS LONGER.
  B.  FOR  PURPOSES OF THIS SUBDIVISION, AN "APPROVED PRIVATE NON-PROFIT
SCHOOL" MEANS AN APPROVED PRIVATE SCHOOL FOR THE INSTRUCTION OF THE DEAF
AND BLIND AND OTHER STUDENTS WITH DISABILITIES LISTED IN SUBDIVISION ONE
OF SECTION FORTY-TWO HUNDRED ONE OF THE EDUCATION LAW WHICH IS  APPROVED
BY  THE  COMMISSIONER  OF EDUCATION TO PROVIDE SERVICES TO SUCH STUDENTS
PURSUANT TO ARTICLE EIGHTY-NINE OF THE EDUCATION LAW.
  C. EACH SUCH PRIVATE  NON-PROFIT  SCHOOL  SHALL,  NOTWITHSTANDING  ANY
OTHER  PROVISION  OF  LAW,  HAVE THE POWER TO CONVEY, LEASE, SUBLEASE OR
OTHERWISE MAKE AVAILABLE TO THE DORMITORY  AUTHORITY  WITHOUT  CONSIDER-
ATION,  TITLE  OR  ANY OTHER RIGHTS IN REAL PROPERTY SATISFACTORY TO THE
DORMITORY AUTHORITY.
  D. IN ADDITION TO PROVIDING FOR ALL OTHER MATTERS DEEMED NECESSARY AND
PROPER, SUCH LEASES, SUBLEASES AND OTHER AGREEMENTS  SHALL  (1)  REQUIRE
SUCH  PRIVATE NON-PROFIT SCHOOL TO PAY TO THE DORMITORY AUTHORITY ANNUAL
RENTALS WHICH SHALL INCLUDE THE AMOUNT REQUIRED TO PAY THE PRINCIPAL  OF
AND  INTEREST  ON  OBLIGATIONS  OF  THE  DORMITORY  AUTHORITY  ISSUED IN
RELATION TO PROVIDING SUCH FACILITIES AND ALL INCIDENTAL EXPENSES OF THE
DORMITORY AUTHORITY  INCURRED  IN  RELATION  THERETO,  (2)  REQUIRE  THE
PRIVATE  NON-PROFIT  SCHOOL  TO INCLUDE AN AMOUNT SUFFICIENT TO MEET ITS
OBLIGATIONS UNDER  THE  LEASE,  SUBLEASE  OR  OTHER  AGREEMENT  IN  EACH
PROPOSED  BUDGET  SUBMITTED  DURING  THE  TERM OF THE LEASE, SUBLEASE OR
OTHER AGREEMENT, AND (3) NOT BE EXECUTED UNTIL SUCH  CAPITAL  FACILITIES
ARE  APPROVED  BY  THE  COMMISSIONER OF EDUCATION WITH RESPECT TO EDUCA-
TIONAL FACILITIES.
  E. TITLE OR OTHER REAL  PROPERTY  RIGHTS  TO  THE  CAPITAL  FACILITIES
FINANCED  PURSUANT  TO  THIS  SECTION  SHALL  REMAIN  WITH THE DORMITORY
AUTHORITY UNTIL THE DORMITORY AUTHORITY CERTIFIES TO THE COMMISSIONER OF
EDUCATION WITH RESPECT TO EDUCATIONAL FACILITIES AND THE COMPTROLLER THE
RECEIPT BY IT OF THE AMOUNT NECESSARY TO PAY THE TOTAL AGGREGATE  AMOUNT
OF  ANNUAL  RENTALS  TO  THE DORMITORY AUTHORITY. AT SUCH TIME, TITLE OR
OTHER REAL PROPERTY RIGHTS THERETO SHALL BE TRANSFERRED BY THE DORMITORY
AUTHORITY TO SUCH PRIVATE NON-PROFIT  SCHOOL  FOR  USE  FOR  EDUCATIONAL
PURPOSES.  IN  ORDER  TO AVAIL ITSELF OF THE PROVISIONS OF THIS SECTION,
EACH SUCH PRIVATE NON-PROFIT SCHOOL MUST ALSO AGREE TO CONTINUE TO OPER-
ATE A PROGRAM FOR THE EDUCATION OF CHILDREN PURSUANT  TO  CONTRACT  WITH
PUBLIC  SCHOOL  DISTRICTS  OR SOCIAL SERVICES DISTRICTS, AND SUCH LEASE,
SUBLEASE OR OTHER AGREEMENT WITH THE DORMITORY AUTHORITY  SHALL  PROVIDE
THAT,  IF  THE  PRIVATE  NON-PROFIT SCHOOL SHALL CEASE TO OPERATE SUCH A
PROGRAM AT ANY TIME DURING THE TERM OF THE  AGREEMENT,  THE  STATE  WILL
HAVE  THE OPTION TO TAKE SUCH TITLE OR OTHER REAL PROPERTY RIGHTS OF THE
DORMITORY AUTHORITY IN LAND, BUILDINGS, EQUIPMENT AND  OTHER  PROPERTIES

S. 2808                            59                            A. 4008

WHICH  THE  PRIVATE NON-PROFIT SCHOOL USES FOR ITS PROGRAM UPON, SUBJECT
TO APPROPRIATIONS, PAYMENT BY THE STATE TO THE  DORMITORY  AUTHORITY  OF
THE  AMOUNT REQUIRED TO PAY THE TOTAL AGGREGATE AMOUNT OF ANNUAL RENTALS
TO THE DORMITORY AUTHORITY.
  F. ON OR BEFORE NOVEMBER FIFTEENTH OF EACH YEAR, THE DORMITORY AUTHOR-
ITY  SHALL  SUBMIT,  AND THEREAFTER MAY RESUBMIT, TO THE DIRECTOR OF THE
BUDGET, THE STATE  COMPTROLLER,  THE  CHAIRMAN  OF  THE  SENATE  FINANCE
COMMITTEE  AND  THE  CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE A
REPORT SETTING FORTH THE AMOUNTS, IF ANY, OF ALL  ANNUAL  RENTALS  ESTI-
MATED TO BECOME DUE IN THE SUCCEEDING STATE FISCAL YEAR TO THE DORMITORY
AUTHORITY  FROM  THE  PRIVATE  NON-PROFIT SCHOOL PURSUANT TO ANY LEASES,
SUBLEASES OR OTHER AGREEMENTS BETWEEN THE DORMITORY AUTHORITY  AND  SUCH
PRIVATE  NON-PROFIT  SCHOOL  TO  PROVIDE EDUCATIONAL FACILITIES FOR SUCH
PRIVATE NON-PROFIT SCHOOL. THE STATE COMPTROLLER SHALL PAY OVER  TO  THE
DORMITORY  AUTHORITY  PURSUANT  TO  APPROPRIATIONS  THEREFOR SOLELY FROM
MONEYS AVAILABLE IN THE PRIVATE  NON-PROFIT  SCHOOL  CAPITAL  FACILITIES
FINANCING  RESERVE FUND THE AMOUNT SET FORTH IN SUCH REPORT AT THE TIMES
AND IN THE AMOUNTS SET FORTH IN THE CERTIFICATE  FILED  WITH  THE  COMP-
TROLLER  BY  THE DORMITORY AUTHORITY PURSUANT TO CLAUSE (IV) OF SUBPARA-
GRAPH TWO OF PARAGRAPH G OF THIS SUBDIVISION.
  G. METHOD OF PAYMENT; RESERVE FUND. (1) EACH PRIVATE NON-PROFIT SCHOOL
WHICH ELECTS TO AVAIL ITSELF OF THE PROVISIONS  OF  THIS  SECTION  SHALL
HAVE  ESTABLISHED WITH THE STATE COMPTROLLER A PRIVATE NON-PROFIT SCHOOL
CAPITAL FACILITIES FINANCING RESERVE ACCOUNT WHICH SHALL BE USED TO  PAY
TO  THE  DORMITORY AUTHORITY THE ANNUAL RENTALS PAYABLE TO THE DORMITORY
AUTHORITY BY PRIVATE NON-PROFIT SCHOOLS WHICH HAVE ENTERED INTO  LEASES,
SUBLEASES  OR  OTHER  AGREEMENTS WITH THE DORMITORY AUTHORITY TO PROVIDE
EDUCATIONAL FACILITIES PURSUANT TO THE PROVISIONS OF THIS  SECTION.  THE
DORMITORY  AUTHORITY  SHALL IDENTIFY TO THE STATE COMPTROLLER AND TO THE
COMMISSIONER OF EDUCATION WITH RESPECT TO  EDUCATIONAL  FACILITIES,  THE
PRIVATE  NON-PROFIT SCHOOLS WITH WHICH IT HAS LEASES, SUBLEASES OR OTHER
AGREEMENTS PURSUANT TO THIS  SECTION  AND  SHALL  ANNUALLY  CERTIFY  THE
AMOUNT  OF  ANNUAL  RENTALS REQUIRED TO BE PAID PURSUANT TO SUCH LEASES,
SUBLEASES OR OTHER AGREEMENTS.
  (2) (I) THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE STATE  COMP-
TROLLER  A  SPECIAL  FUND  TO  BE KNOWN AS THE PRIVATE NON-PROFIT SCHOOL
CAPITAL FACILITIES FINANCING RESERVE FUND. WITHIN SUCH  FUND,  THERE  IS
HEREBY  ESTABLISHED A SPECIAL ACCOUNT FOR EACH PRIVATE NON-PROFIT SCHOOL
WHICH ENTERS INTO A LEASE, SUBLEASE OR OTHER AGREEMENT WITH THE DORMITO-
RY AUTHORITY PURSUANT TO THIS SECTION.
  (II) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, SUCH FUND  SHALL
CONSIST OF PART OF THE TUITION PAYMENTS FROM PUBLIC SCHOOL DISTRICTS AND
SOCIAL  SERVICES  DISTRICTS  AS DETERMINED BY THE COMMISSIONER OF EDUCA-
TION. THE COMPTROLLER SHALL MAINTAIN SUFFICIENT AMOUNTS IN THE  FUND  IN
ORDER  TO PAY WHEN DUE THE ANNUAL RENTALS DUE TO THE DORMITORY AUTHORITY
FROM EACH SUCH PRIVATE NON-PROFIT SCHOOL PURSUANT TO ANY LEASE, SUBLEASE
OR OTHER AGREEMENT ENTERED INTO  PURSUANT  TO  THE  PROVISIONS  OF  THIS
SECTION.  THE DORMITORY AUTHORITY SHALL CERTIFY TO THE STATE COMPTROLLER
THE DATES AND AMOUNT OF SUCH ANNUAL PAYMENTS AS SCHEDULED IN ITS LEASES,
SUBLEASES OR OTHER AGREEMENTS WITH SUCH PRIVATE NON-PROFIT SCHOOLS.  THE
COMMISSIONER  OF  EDUCATION WITH RESPECT TO EDUCATIONAL FACILITIES SHALL
CERTIFY THE AMOUNT OF PAYMENTS DUE THE FUND FROM PUBLIC SCHOOL DISTRICTS
AND SOCIAL SERVICES  DISTRICTS,  RESPECTIVELY  AND  SUCH  PUBLIC  SCHOOL
DISTRICTS  AND SOCIAL SERVICES DISTRICTS SHALL MAKE SUCH PAYMENTS TO THE
FUND AT SUCH TIMES AS SHALL  BE  PRESCRIBED  BY  THE  COMMISSIONER  WITH

S. 2808                            60                            A. 4008

RESPECT TO EDUCATIONAL FACILITIES, SUBJECT TO THE APPROVAL OF THE DIREC-
TOR OF THE BUDGET, AND AFTER CONSULTATION WITH THE DORMITORY AUTHORITY.
  (III) REVENUES IN ANY SPECIAL ACCOUNT IN THE PRIVATE NON-PROFIT SCHOOL
CAPITAL  FACILITIES  FINANCING  RESERVE  FUND MAY BE COMMINGLED WITH ANY
OTHER MONIES IN SUCH FUND. ALL DEPOSITS OF SUCH REVENUES WITH BANKS  AND
TRUST  COMPANIES SHALL BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR
OF THE STATE OF NEW YORK OR ITS POLITICAL SUBDIVISIONS. SUCH OBLIGATIONS
SHALL HAVE A MARKET VALUE AT LEAST EQUAL AT ALL TIMES TO, BUT  NOT  LESS
THAN, ONE HUNDRED FIVE PERCENT OF THE AMOUNT OF SUCH DEPOSITS. ALL BANKS
AND  TRUST  COMPANIES ARE AUTHORIZED TO GIVE SECURITY FOR SUCH DEPOSITS.
ANY SUCH REVENUES IN SUCH FUND MAY,  IN  THE  DISCRETION  OF  THE  COMP-
TROLLER, BE INVESTED IN OBLIGATIONS OF THE UNITED STATES OR THE STATE OR
OBLIGATIONS THE PRINCIPAL OF AND INTEREST ON WHICH ARE GUARANTEED BY THE
UNITED  STATES OR BY THE STATE. ANY INTEREST EARNED SHALL BE CREDITED TO
SUCH FUND.
  (IV) UPON RECEIPT BY THE COMPTROLLER OF A CERTIFICATE OR  CERTIFICATES
FROM THE DORMITORY AUTHORITY THAT IT REQUIRES A PAYMENT OR PAYMENTS FROM
THE  APPROPRIATE  SPECIAL  ACCOUNT  ESTABLISHED FOR A PRIVATE NON-PROFIT
SCHOOL IN ORDER FOR SUCH PRIVATE NON-PROFIT SCHOOL TO  COMPLY  WITH  ANY
LEASE,  SUBLEASE  OR  OTHER  AGREEMENT PURSUANT TO THIS SECTION, EACH OF
WHICH CERTIFICATES SHALL SPECIFY THE REQUIRED PAYMENT  OR  PAYMENTS  AND
THE DATE WHEN THE PAYMENT OR PAYMENTS IS REQUIRED, THE COMPTROLLER SHALL
PAY  FROM SUCH SPECIAL ACCOUNT ON OR BEFORE THE SPECIFIED DATE OR WITHIN
THIRTY DAYS AFTER RECEIPT OF SUCH CERTIFICATE OR CERTIFICATES, WHICHEVER
IS LATER, TO THE PAYING AGENT DESIGNATED BY THE DORMITORY  AUTHORITY  IN
ANY SUCH CERTIFICATE, THE AMOUNT OR AMOUNTS SO CERTIFIED.
  (V)  ALL  PAYMENTS OF MONEY FROM THE PRIVATE NON-PROFIT SCHOOL CAPITAL
FACILITIES FINANCING RESERVE FUND SHALL BE MADE ON THE AUDIT AND WARRANT
OF THE STATE COMPTROLLER.
  H. NOTWITHSTANDING THE PROVISIONS OF ANY CONTRACT PURSUANT TO  ARTICLE
EIGHTY-ONE OR EIGHTY-NINE OF THE EDUCATION LAW BETWEEN A SOCIAL SERVICES
DISTRICT OR A PUBLIC SCHOOL DISTRICT AND A PRIVATE NON-PROFIT SCHOOL. IF
THE  PRIVATE  NON-PROFIT  SCHOOL  ENTERS INTO A LEASE, SUBLEASE OR OTHER
AGREEMENT  WITH  THE  DORMITORY  AUTHORITY  PURSUANT  TO  THIS  SECTION,
PAYMENTS DUE FROM THE PUBLIC SCHOOL DISTRICT OR SOCIAL SERVICES DISTRICT
SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER.
  I.  ALL  STATE AND LOCAL OFFICIALS ARE AUTHORIZED AND REQUIRED TO TAKE
WHATEVER ACTIONS ARE NECESSARY TO  CARRY  OUT  THE  PROVISIONS  OF  THIS
SECTION  AND THE PROVISIONS OF ANY LEASES, SUBLEASES OR OTHER AGREEMENTS
ENTERED INTO PURSUANT TO THIS SECTION,  INCLUDING  MAKING  THE  REQUIRED
PAYMENTS TO THE DORMITORY AUTHORITY.
  J.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
DORMITORY AUTHORITY MAY EXECUTE LEASES, SUBLEASES, OR  OTHER  AGREEMENTS
WITH   PRIVATE   NON-PROFIT   SCHOOLS   FOR  FINANCING  OF  THE  DESIGN,
CONSTRUCTION, REHABILITATION, IMPROVEMENT,  RENOVATION,  ACQUISITION  OR
PROVISION,  FURNISHING  OR  EQUIPPING  OF  CAPITAL FACILITIES; PROVIDED,
HOWEVER, THAT COMMENCING JULY FIRST, TWO THOUSAND ELEVEN, THE AMOUNT  OF
BONDS  INCLUSIVE  OF PRINCIPAL, INTEREST AND ISSUANCE COSTS TO BE ISSUED
FOR EACH INDIVIDUAL LEASE, SUBLEASE, OR OTHER AGREEMENT SHALL NOT EXCEED
SUCH LIMITS AS ESTABLISHED IN SECTION FOUR HUNDRED SEVEN-B OF THE EDUCA-
TION LAW; AND PROVIDED FURTHER THAT THE TOTAL AMOUNT OF SUCH  BONDS  FOR
ALL  SUCH  LEASES,  SUBLEASES,  OR  AGREEMENTS  WITH  PRIVATE NON-PROFIT
SCHOOLS EXCLUSIVE OF BONDS FOR PROJECTS ALREADY APPROVED BY THE DIVISION
OF BUDGET AS OF SUCH DATE SHALL NOT EXCEED LIMITS AS ESTABLISHED IN SUCH
SECTION FOUR HUNDRED SEVEN-B.

S. 2808                            61                            A. 4008

  K. ON OR BEFORE SEPTEMBER FIRST OF  EACH  YEAR,  THE  COMMISSIONER  OF
EDUCATION  SHALL  SUBMIT  TO  THE  CHAIRS OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE, THE SENATE FINANCE COMMITTEE AND THE DIRECTOR OF THE  BUDGET,
A  CAPITAL  PLAN  FOR  THOSE  PROJECTS EXPECTED TO BE BONDED FOR PRIVATE
NON-PROFIT  SCHOOLS  PURSUANT  TO THIS SECTION. AFTER APPLICATION OF THE
PRINCIPLES OF THE CAPITAL ASSETS PRESERVATION PROGRAM PURSUANT TO EDUCA-
TION LAW, SUCH PLAN SHALL ACCORD PRIORITY TO HEALTH AND SAFETY CONSIDER-
ATIONS AND SHALL SPECIFY THE NAME, LOCATION, ESTIMATED TOTAL COST OF THE
PROJECT AT THE TIME THE PROJECT IS TO BE BID, THE ANTICIPATED  BID  DATE
AND  THE  ANTICIPATED COMPLETION DATE AND MAY CONTAIN ANY FURTHER RECOM-
MENDATIONS THE COMMISSIONER MAY DEEM APPROPRIATE.
  S 81. Section 6-p of the general municipal law is amended by adding  a
new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE GOVERN-
ING BOARD OF A SCHOOL DISTRICT MAY, DURING THE TWO THOUSAND  ELEVEN--TWO
THOUSAND TWELVE SCHOOL YEAR, AUTHORIZE A WITHDRAWAL FROM THIS FUND IN AN
AMOUNT NOT TO EXCEED THE LESSER OF: (A) THE DOLLAR VALUE OF EXCESS FUND-
ING  IN  THE  FUND  AS DETERMINED BY THE COMPTROLLER PURSUANT TO SECTION
THIRTY-THREE OF THIS CHAPTER OR (B) THE AMOUNT OF THE SCHOOL  DISTRICT'S
GAP  ELIMINATION  ADJUSTMENT AS CALCULATED BY THE COMMISSIONER OF EDUCA-
TION PURSUANT TO PARAGRAPH E OF SUBDIVISION ONE  OF  SECTION  THIRTY-SIX
HUNDRED  NINE-A  OF  THE EDUCATION LAW. FUNDS WITHDRAWN PURSUANT TO THIS
SUBDIVISION MAY ONLY BE USED FOR THE PURPOSE OF MAINTAINING  EDUCATIONAL
PROGRAMMING  DURING  THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR WHICH OTHERWISE WOULD HAVE BEEN REDUCED AS A  RESULT  OF  SUCH  GAP
ELIMINATION  ADJUSTMENT.  GOVERNING  BOARDS WHICH MAKE SUCH A WITHDRAWAL
SHALL SUBMIT, IN A FORM PRESCRIBED BY  THE  COMMISSIONER  OF  EDUCATION,
RELEVANT  INFORMATION  ABOUT THE WITHDRAWAL, WHICH SHALL INCLUDE BUT NOT
BE LIMITED TO, THE AMOUNT OF SUCH WITHDRAWAL, THE  DATE  OF  WITHDRAWAL,
AND THE USE OF SUCH WITHDRAWN FUNDS.
  S 82. School bus driver training. In addition to apportionments other-
wise  provided  by section 3602 of the education law, for aid payable in
the 2010-11 and 2011-2012 school years, the  commissioner  of  education
shall allocate school bus driver training grants to school districts and
boards  of  cooperative  education services pursuant to sections 3650-a,
3650-b and 3650-c of the education law, or for contracts  directly  with
not-for-profit  educational  organizations  for  the  purposes  of  this
section. Such payments shall not exceed four  hundred  thousand  dollars
($400,000) per school year.
  S  83.  Support  of  public libraries. The moneys appropriated for the
support of public libraries by the chapter of the laws of 2011  enacting
the  local assistance budget shall be apportioned for the 2011--12 state
fiscal year in accordance with the provisions of sections 271, 272, 273,
282, 284, and 285 of the education law as amended by the  provisions  of
this  chapter  and the provisions of this section, provided that library
construction aid pursuant to section 273-a of the  education  law  shall
not  be  payable  from  the  appropriations  for  the  support of public
libraries and provided  further  that  no  library,  library  system  or
program, as defined by the commissioner of education, shall receive less
total  system  or  program  aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
  Notwithstanding any other provision of law to the contrary the  moneys
appropriated for the support of public libraries for the year 2011--2012
by  a  chapter  of the laws of 2011 enacting the local assistance budget
shall fulfill the state's obligation to provide such aid  and,  pursuant

S. 2808                            62                            A. 4008

to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant  to  such  appropriations  shall  be reduced proportionately to
assure  that  the  total amount of aid payable does not exceed the total
appropriations for such purpose.
  S 84. Special apportionment for salary expenses. a. 1.   Notwithstand-
ing  any other provision of law, upon application to the commissioner of
education, not sooner than the first day of  the  second  full  business
week  of  June,  2011  and not later than the last day of the third full
business week of June, 2011, a school district eligible  for  an  appor-
tionment pursuant to section 3602 of the education law shall be eligible
to  receive  an  apportionment  pursuant to this section, for the school
year ending June 30, 2011, for salary expenses incurred between April  1
and June 30, 2011.
  2. Notwithstanding any other provision of law, upon application to the
commissioner  of  education, not sooner than the first day of the second
full business week of June, 2012 and not later than the last day of  the
third  full  business week of June, 2012, a school district eligible for
an apportionment pursuant to section 3602 of the education law shall  be
eligible  to  receive an apportionment pursuant to this section, for the
school year ending June 30, 2012, for salary expenses  incurred  between
April 1 and June 30, 2012.
  3.  Such  apportionment  shall  not  exceed the sum of (i) the deficit
reduction assessment of 1990-91 as determined  by  the  commissioner  of
education,  pursuant  to paragraph f of subdivision 1 of section 3602 of
the education law, as in effect through June 30,  1993,  plus  (ii)  186
percent of such amount for a city school district in a city with a popu-
lation  in  excess  of  1,000,000 inhabitants, plus (iii) 209 percent of
such amount for a city school district in a city with  a  population  of
more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, and provided further that such  appor-
tionment  shall  not exceed such salary expenses. Such application shall
be made by a school district, after the board of education  or  trustees
have  adopted  a  resolution  to  do so and in the case of a city school
district in a city with a population in excess of  125,000  inhabitants,
with the approval of the mayor of such city.
  b.  The  claim  for  an  apportionment to be paid to a school district
pursuant to subdivision a of this section  shall  be  submitted  to  the
commissioner  of  education  on  a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that  the  form
has been submitted as prescribed. Such approved amounts shall be payable
on  the  same  day in September of the school year following the year in
which application was made as funds provided  pursuant  to  subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general fund to the extent that the amount paid  to  a  school  district
pursuant  to  this  section  exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the  school  year  following  the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year

S. 2808                            63                            A. 4008

following the year in which application was made  pursuant  to  subpara-
graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's  payments  to  the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  S  85.  Special  apportionment  for  public  pension  accruals.  a. 1.
Notwithstanding any other provision of  law,  upon  application  to  the
commissioner  of  education,  not  later  than  June  30, 2011, a school
district eligible for an apportionment pursuant to section 3602  of  the
education  law shall be eligible to receive an apportionment pursuant to
this section, for the school year ending June 30, 2011.
  2. Notwithstanding any other provision of law, upon application to the
commissioner of education, not  later  than  June  30,  2012,  a  school
district  eligible  for an apportionment pursuant to section 3602 of the
education law shall be eligible to receive an apportionment pursuant  to
this section, for the school year ending June 30, 2012.
  3.  Such  apportionment  shall  not  exceed  the  additional  accruals
required to be made by school  districts  in  the  2004-05  and  2005-06
school  years  associated  with  changes for such public pension liabil-
ities. The amount of such additional accrual shall be certified  to  the
commissioner  of education by the president of the board of education or
the trustees or, in the case of a city school district in a city with  a
population  in  excess  of  125,000 inhabitants, the mayor of such city.
Such application shall be made by a school district, after the board  of
education or trustees have adopted a resolution to do so and in the case
of  a  city  school  district  in  a city with a population in excess of
125,000 inhabitants, with the approval of the mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery

S. 2808                            64                            A. 4008

apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  S  86.  a.  Notwithstanding  any  other law, rule or regulation to the
contrary, any moneys appropriated to the state education department  may
be  suballocated  to  other state departments or agencies, as needed, to
accomplish the intent of the specific appropriations contained therein.
  b. Notwithstanding any other law, rule or regulation to the  contrary,
moneys  appropriated  to the state education department from the general
fund/aid to localities,  local  assistance  account-001,  shall  be  for
payment  of  financial  assistance,  as scheduled, net of disallowances,
refunds, reimbursement and credits.
  c. Notwithstanding any other law, rule or regulation to the  contrary,
all  moneys  appropriated  to  the state education department for aid to
localities shall be available for payment of aid heretofore or hereafter
to accrue and may be suballocated to other departments and  agencies  to
accomplish the intent of the specific appropriations contained therein.
  d.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated  to  the  state  education  department  for  general
support  for  public  schools may be interchanged with any other item of
appropriation for general support for public schools within the  general
fund  local  assistance  account office of prekindergarten through grade
twelve education program.
  S 87. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city  of  Rochester,  upon
the  consent  of  the  board  of cooperative educational services of the
supervisory district serving its geographic  region  may  purchase  from
such  board for the 2010-11 and 2011-12 school years, as a non-component
school district, services required by article 19 of the education law.
  S 88. The amounts specified in this section shall be a  setaside  from
the  state  funds  which  each such district is receiving from the total
foundation aid:
  a. for the purpose of the development,  maintenance  or  expansion  of
magnet  schools  or magnet school programs for the two thousand eleven--
two thousand twelve school year. To the city school district of the city
of New York there shall be paid forty-eight million one  hundred  seven-
ty-five  thousand  dollars ($48,175,000) including five hundred thousand
dollars ($500,000) for the Andrew Jackson High School;  to  the  Buffalo
city  school  district,  twenty-one million twenty-five thousand dollars
($21,025,000); to the Rochester city school  district,  fifteen  million
dollars  ($15,000,000);  to  the Syracuse city school district, thirteen
million dollars ($13,000,000); to  the  Yonkers  city  school  district,
forty-nine  million five hundred thousand dollars, ($49,500,000); to the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); to the Poughkeepsie city school district, two
million four hundred seventy-five thousand dollars ($2,475,000); to  the
Mount  Vernon city school district, two million dollars ($2,000,000); to
the New Rochelle city school district,  one  million  four  hundred  ten
thousand  dollars ($1,410,000); to the Schenectady city school district,
one million eight hundred thousand dollars  ($1,800,000);  to  the  Port
Chester  city  school  district,  one million one hundred fifty thousand

S. 2808                            65                            A. 4008

dollars ($1,150,000); to the White Plains  city  school  district,  nine
hundred  thousand  dollars  ($900,000); to the Niagara Falls city school
district, six hundred thousand dollars ($600,000); to  the  Albany  city
school  district,  three  million  five  hundred  fifty thousand dollars
($3,550,000); to the Utica city school  district,  two  million  dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand  dollars  ($566,000);  to  the Middletown city school district,
four hundred thousand dollars ($400,000); to  the  Freeport  union  free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh   central   school   district,   three  hundred  thousand  dollars
($300,000); to the Amsterdam city school district, eight  hundred  thou-
sand  dollars  ($800,000);  to  the  Peekskill city school district, two
hundred thousand dollars ($200,000);  and  to  the  Hudson  city  school
district, four hundred thousand dollars ($400,000).
  b.  notwithstanding the provisions of paragraph a of this subdivision,
a school district receiving a grant pursuant to this subdivision may use
such grant funds for: (i) any  instructional  or  instructional  support
costs  associated  with  the  operation  of a magnet school; or (ii) any
instructional or instructional support costs associated with implementa-
tion of an alternative approach to reduction of racial isolation  and/or
enhancement  of  the  instructional  program and raising of standards in
elementary and secondary schools of school districts having  substantial
concentrations of minority students. The commissioner of education shall
not  be authorized to withhold magnet grant funds from a school district
that used such funds in accordance with this paragraph,  notwithstanding
any  inconsistency  with  a request for proposals issued by such commis-
sioner.
  c. for the purpose of attendance improvement  and  dropout  prevention
for  the  two  thousand eleven--two thousand twelve school year, for any
city school district in a city having a  population  of  more  than  one
million,  the setaside for attendance improvement and dropout prevention
shall equal the amount set aside in the year prior to the base year. For
the two thousand eleven--two thousand twelve school year, it is  further
provided  that any city school district in a city having a population of
more than one million shall allocate at least one-third of any  increase
from base year levels in funds set aside pursuant to the requirements of
this subdivision to community-based organizations. Any increase required
pursuant to this subdivision to community-based organizations must be in
addition to allocations provided to community-based organizations in the
base year.
  d. for the purpose of teacher support for the two thousand eleven--two
thousand  twelve school year: to the city school district of the city of
New  York,  sixty-two  million  seven  hundred  seven  thousand  dollars
($62,707,000);  to  the  Buffalo city school district, one million seven
hundred forty-one thousand dollars ($1,741,000); to the  Rochester  city
school  district, one million seventy-six thousand dollars ($1,076,000);
to the Yonkers city school district, one million one hundred forty-seven
thousand dollars ($1,147,000); and to the Syracuse city school district,
eight hundred nine thousand dollars ($809,000). All funds made available
to a school district pursuant to this subdivision shall  be  distributed
among  teachers including prekindergarten teachers and teachers of adult
vocational and academic subjects in accordance with this subdivision and
shall be in addition to salaries heretofore or hereafter  negotiated  or
made  available;  provided, however, that all funds distributed pursuant
to this section for the current year shall be deemed to incorporate  all
funds  distributed  pursuant to former subdivision 27 of section 3602 of

S. 2808                            66                            A. 4008

the education law for prior years. In school districts where the  teach-
ers  are  represented by certified or recognized employee organizations,
all salary increases funded pursuant to this section shall be determined
by separate collective negotiations conducted pursuant to the provisions
and  procedures  of article 14 of the civil service law, notwithstanding
the existence of a negotiated agreement between a school district and  a
certified or recognized employee organization.
  S 89. Severability. The provisions of this act shall be severable, and
if  the  application  of  any  clause, sentence, paragraph, subdivision,
section or part of this act to  any  person  or  circumstance  shall  be
adjudged  by  any  court  of  competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the  case  may  be,  to  any  other
person  or  circumstance,  but shall be confined in its operation to the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 90. This act shall take effect immediately; and shall be  deemed  to
have been in full force and effect on and after April 1, 2011, provided,
however, that:
  1. section five of this act shall take effect immediately and shall be
deemed to have been in full force and effect on and after July 1, 2006;
  2.  section  twenty-four of this act shall take effect immediately and
shall be deemed to have been in full force and effect on and after  July
1, 2007;
  3.  sections  seventy-two  through seventy-five of this act shall take
effect immediately and shall be deemed to have been in  full  force  and
effect on and after June 30, 2010;
  4.  sections  two, three, twenty-five, twenty-six, thirty-seven, thir-
ty-nine, forty-four,  forty-nine,  fifty-eight,  sixty-five,  sixty-six,
eighty-two  and  eighty-seven  of this act shall take effect immediately
and shall be deemed to have been in full force and effect on  and  after
July 1, 2010;
  5.  section  twenty-eight  of this act shall be deemed to have been in
full force and effect on and after February 1, 2011;
  6. sections four, fifteen through seventeen,  twenty-one,  twenty-two,
twenty-seven,   thirty-three,   thirty-five,  thirty-six,  thirty-eight,
forty-two, forty-three, forty-six,  fifty  through  fifty-seven,  fifty-
nine,  sixty,  sixty-two,  sixty-four,  seventy-six  through  eighty and
eighty-eight of this act shall take effect July 1, 2011;
  7. section sixty-seven of this act shall take effect immediately,  and
shall  be  deemed to have been in full force and effect on and after the
effective date of section 85 of part H of chapter  83  of  the  laws  of
2002;
  8.  section  sixty-eight  of  this act shall be deemed to have been in
full force and effect on and after the effective date of section 101  of
chapter 436 of the laws of 1997;
  9.  section  sixty-nine of this act shall take effect immediately, and
shall be deemed to have been in full force and effect as of  the  effec-
tive date of section 140 of chapter 82 of the laws of 1995;
  10.  section  seventy  of  this  act shall take effect immediately and
shall be deemed to have been in full force and effect on and after Janu-
ary 1, 2011;

S. 2808                            67                            A. 4008

  11. section eighty-six of this act shall take effect immediately,  and
shall be deemed to have been in full force and effect on and after April
1, 2010 and shall be deemed repealed on March 31, 2012;
  12. section eighty-seven of this act shall take effect immediately and
shall  be deemed to have been in full force and effect on and after July
1, 2010;
  13. the amendments to subdivision 21-a of section 1604 of  the  educa-
tion  law  made by section eight of this act shall not affect the repeal
of such subdivision and shall be deemed repealed therewith;
  14. the amendments to subdivision 25 of section 1709 of the  education
law  made  by  section twelve of this act shall not affect the repeal of
such subdivision and shall be deemed repealed therewith;
  15. the amendments to subdivision 1 of section 2856 of  the  education
law made by section twenty-one of this act shall be subject to the expi-
ration  and  reversion  of such subdivision pursuant to subdivision d of
section 27 of chapter 378 of the laws of 2007,  as  amended,  when  upon
such  date  the  provisions of section twenty-two of this act shall take
effect;
  16. notwithstanding  the  provisions  of  article  5  of  the  general
construction law, the provisions of subdivision 6 of section 4402 of the
education law, as amended by section fifty-eight of this act, are hereby
revived  and  shall continue in full force and effect as such provisions
existed on July 1, 2010; provided that the amendments to  such  subdivi-
sion 6 shall not affect the repeal of such subdivision;
  17.  notwithstanding  the  provisions  of  article  5  of  the general
construction law, the provisions of subdivision b of section 2,  section
4  of  chapter 756 of the laws of 1992 relating to funding a program for
work force education conducted by the consortium for worker education in
New York city, as amended by sections sixty-five and sixty-six  of  this
act  are  hereby  revived and shall continue in full force and effect as
such provisions existed on June 30, 2010;
  18. the amendments to section 7 of chapter 472 of  the  laws  of  1998
amending  the education law relating to school buses by school districts
made by section seventy-one of this act shall not affect the  expiration
of such section and shall be deemed to expire therewith;
  19.  the  amendments  to section 12 of chapter 147 of the laws of 2001
amending the education law relating to conditional appointment of school
district, charter school or BOCES employees made by section  seventy-two
of this act shall not affect the expiration of such section and shall be
deemed to expire therewith;
  20.  notwithstanding  the  provisions  of  article  5  of  the general
construction law, the provisions of section 4 of chapter 425 of the laws
of 2002 amending the education law relating to the provision of  supple-
mental  educational services, attendance at a safe public school and the
suspension of pupils who bring a firearm at  a  school,  as  amended  by
section  seventy-three of this act are hereby revived and shall continue
in full force and effect as such provisions existed on June 30, 2010;
  21. notwithstanding  the  provisions  of  article  5  of  the  general
construction law, the provisions of section 5 of chapter 101 of the laws
of  2003 amending the education law relating to implementation of the No
Child Left Behind Act of 2001, as amended  by  section  seventy-four  of
this  act are hereby revived and shall continue in full force and effect
as such provisions existed on June 30, 2010; and
  22. notwithstanding  the  provisions  of  article  5  of  the  general
construction  law, the provisions of section 4 of chapter 51 of the laws
of 2008 amending the education law relating to the universal pre-kinder-

S. 2808                            68                            A. 4008

garten program, as amended by section seventy-five of this act are here-
by revived  and  shall  continue  in  full  force  and  effect  as  such
provisions existed on June 30, 2010.

                                 PART B

  Section  1.  Section  3641 of the education law is amended by adding a
new subdivision 5 to read as follows:
  5. SCHOOL DISTRICT MANAGEMENT EFFICIENCY AWARDS PROGRAM.    A.  WITHIN
THE  AMOUNT  APPROPRIATED  FOR SUCH PURPOSE, SUBJECT TO A PLAN DEVELOPED
JOINTLY WITH THE SECRETARY OF STATE AND APPROVED BY THE DIRECTOR OF  THE
BUDGET, THE COMMISSIONER SHALL AWARD COMPETITIVE GRANTS PURSUANT TO THIS
SUBDIVISION FOR ACHIEVING SCHOOL DISTRICT MANAGEMENT EFFICIENCIES.
  (1)  SUCH  PLAN  SHALL  INCLUDE  BUT NOT BE LIMITED TO: THE PROCESS BY
WHICH A REQUEST FOR PROPOSALS IS DEVELOPED; THE SCORING RUBRIC BY  WHICH
SUCH  PROPOSALS WILL BE EVALUATED; THE FORM AND MANNER BY WHICH APPLICA-
TIONS WILL BE SUBMITTED; THE MANNER BY WHICH CALCULATION OF  THE  AMOUNT
OF  THE AWARD WAS DETERMINED, INCLUDING ESTABLISHING BENCHMARKS BASED ON
ACTUAL COST SAVINGS THAT MUST BE MET BEFORE ANY AWARDS ARE PAID; AND THE
TIMELINE FOR THE ISSUANCE AND REVIEW  OF  APPLICATIONS  TO  ENSURE  THAT
GRANTS  WILL  BE FIRST AWARDED DURING THE TWO THOUSAND ELEVEN--TWO THOU-
SAND TWELVE SCHOOL YEAR.
  (2) THE COMMISSIONER SHALL BE AUTHORIZED,  CONSISTENT  WITH  THE  PLAN
REQUIRED  BY  THIS PARAGRAPH, TO PROMULGATE RULES AND REGULATIONS NECES-
SARY FOR THE IMPLEMENTATION OF THIS SUBDIVISION.
  B. A RESPONSE TO A REQUEST  FOR  PROPOSALS  ISSUED  PURSUANT  TO  THIS
SUBDIVISION  MAY  BE SUBMITTED BY A SCHOOL DISTRICT OR JOINTLY BY TWO OR
MORE SCHOOL DISTRICTS WHO HAVE DEMONSTRATED TO THE SATISFACTION  OF  THE
COMMISSIONER THAT:
  (1)  ONE OR MORE LONG TERM EFFICIENCIES IN SCHOOL DISTRICT MANAGEMENT,
OPERATIONS, PROCUREMENT PRACTICES OR OTHER COST  SAVINGS  MEASURES  THAT
HAVE  NOT  AND  WILL  NOT  RESULT IN AN INCREASE IN COST TO THE STATE OR
LOCALITY HAVE BEEN IMPLEMENTED;
  (2) SUCH EFFICIENCIES HAVE RESULTED OR WILL RESULT  IN  A  SIGNIFICANT
REDUCTION IN TOTAL OPERATING EXPENSES COMPARED TO THE PRIOR YEAR, IN THE
ADMINISTRATIVE  COMPONENT,  OR  THE  EQUIVALENT,  OF THE SCHOOL DISTRICT
BUDGET, IN TRANSPORTATION OPERATING EXPENSES, IN TRANSPORTATION  CAPITAL
EXPENSES,  AND/OR  IN  OTHER  NON-PERSONAL SERVICE COSTS INCLUDED IN THE
PROGRAM COMPONENT OF THE SCHOOL  DISTRICT  BUDGET,  OR  THE  EQUIVALENT,
COMPARED TO THE PRIOR YEAR; AND
  (3)  SUCH  EFFICIENCIES  ARE  EXPECTED  TO  RESULT  IN SUBSTANTIAL AND
SUSTAINABLE COST SAVINGS IN FUTURE YEARS; AND
  (4) IF TWO OR MORE SCHOOL DISTRICTS ARE  APPLYING  JOINTLY,  AND  HAVE
ENTERED  A  SHARED SERVICES AGREEMENT AS AUTHORIZED BY LAW, THAT SIGNIF-
ICANT SAVINGS WOULD RESULT FROM SUCH SHARED SERVICES; PROVIDED  THAT  IN
NO  EVENT  SHALL DISTRICTS THAT HAVE ENTERED INTO AN AIDABLE COOPERATIVE
EDUCATIONAL SERVICES AGREEMENT FOR ANY SUCH SERVICES  WITH  A  BOARD  OF
COOPERATIVE  EDUCATIONAL  SERVICES  PURSUANT TO SECTION NINETEEN HUNDRED
FIFTY OF THIS CHAPTER BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
SION. PROVIDED HOWEVER, A DISTRICT WHICH HAS RECEIVED AN AWARD  PURSUANT
TO  THE LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM AUTHORIZED BY SUBDIVI-
SION TEN OF SECTION FIFTY-FOUR OF THE STATE FINANCE LAW,  SHALL  NOT  BE
ELIGIBLE  TO  RECEIVE AN AWARD PURSUANT TO THIS SUBDIVISION FOR THE SAME
PURPOSE.
  C. THE COMMISSIONER SHALL GRANT PRIORITY  TO  APPLICATIONS  THAT  HAVE
DEMONSTRATED THAT THE LONG TERM EFFICIENCIES THAT HAVE BEEN IMPLEMENTED:

S. 2808                            69                            A. 4008

(1)  ARE  INNOVATIVE IN THE MANNER THAT THE MANAGEMENT OR ORGANIZATIONAL
STRUCTURE MAY BE CHANGED TO GENERATE SIGNIFICANT SAVINGS WHILE MAINTAIN-
ING OR IMPROVING STUDENT ACHIEVEMENT; (2) HAVE THE PARTICIPATION OF  THE
TEACHERS,  PARENTS AND/OR OTHER STAKEHOLDERS IN THE SCHOOL DISTRICT; (3)
ARE MEASURES OR STRATEGIES THAT OTHER SCHOOL DISTRICTS CAN REPLICATE; OR
(4) HAVE THE GREATEST QUANTIFIABLE SAVINGS THAT WILL BE SUSTAINABLE.
  D. A SCHOOL DISTRICT OR SCHOOL DISTRICTS SEEKING A GRANT SHALL  SUBMIT
AN APPLICATION TO THE COMMISSIONER IN A FORM AND MANNER AND BY A DATE AS
PRESCRIBED  BY  THE  COMMISSIONER. THE COMMISSIONER MAY CONSULT WITH ANY
OTHER STATE AGENCY ABOUT SUCH GRANTS AND EACH SUCH AGENCY SHALL  COOPER-
ATE IN ASSISTING IN THE ANALYSIS OF GRANT APPLICATIONS.
  E.  THE  AMOUNT OF THE GRANT AWARD, INCLUDING THE MAXIMUM GRANT AMOUNT
AVAILABLE TO ANY DISTRICT OR  DISTRICTS,  SHALL  BE  DETERMINED  BY  THE
COMMISSIONER, CONSISTENT WITH THE PLAN DEVELOPED PURSUANT TO PARAGRAPH A
OF  THIS  SUBDIVISION  PROVIDED THAT THE AMOUNT OF SUCH AWARDS SHALL BE,
BASED UPON THE SIZE OF THE DISTRICT  OR  SCHOOL  DISTRICTS  MEASURED  BY
PUBLIC  SCHOOL ENROLLMENT OF THE DISTRICT OR DISTRICTS; PROVIDED FURTHER
THAT SUCH AMOUNT MAY BE ADJUSTED BASED UPON MEASURES OF DISTRICT NEED.
  S 2. Section 3641 of the education law is  amended  by  adding  a  new
subdivision 6 to read as follows:
  6.  SCHOOL  DISTRICT  PERFORMANCE IMPROVEMENT AWARDS GRANT.  A. WITHIN
THE AMOUNTS APPROPRIATED FOR SUCH PURPOSE, THE COMMISSIONER SHALL  AWARD
COMPETITIVE  GRANTS TO ELIGIBLE SCHOOL DISTRICTS PURSUANT TO THIS SUBDI-
VISION THAT HAVE DEMONSTRATED THE  MOST  IMPROVED  ACADEMIC  ACHIEVEMENT
GAINS  AND  STUDENT  OUTCOMES,  AS WELL AS HAVING IMPLEMENTED STRATEGIES
THAT HAVE THE MOST  POTENTIAL  FOR  CONTINUED  IMPROVEMENTS  IN  STUDENT
PERFORMANCE.
  B. THE COMMISSIONER SHALL:
  (1)  DEVELOP  A  COMPETITIVE  REQUEST FOR PROPOSALS TO BE ISSUED ON OR
BEFORE OCTOBER FIRST, TWO THOUSAND ELEVEN AND SHALL ENSURE  THAT  GRANTS
WILL  FIRST BE AWARDED PURSUANT TO THIS SUBDIVISION DURING THE TWO THOU-
SAND ELEVEN-TWO THOUSAND TWELVE SCHOOL YEAR.
  (2) CREATE A PEER REVIEW PROCESS AND A SCORING RUBRIC TO  BE  USED  IN
THE  EVALUATION OF APPLICATIONS DURING SUCH PROCESS. SUCH SCORING RUBRIC
SHALL GIVE PRIORITY TO THOSE ELIGIBLE SCHOOL  DISTRICTS  THAT  HAVE  THE
MOST  SIGNIFICANT  MEASURABLE  IMPROVEMENTS  IN ACADEMIC ACHIEVEMENT AND
STUDENT OUTCOMES; AND HAVE (A) IMPLEMENTED RIGOROUS PROGRAMS TO  IMPROVE
MIDDLE  SCHOOL  STUDENT  PERFORMANCE;  (B) NEWLY ESTABLISHED OR EXPANDED
PARTICIPATION IN COLLEGE LEVEL OR EARLY COLLEGE  PROGRAMS;  (C)  SIGNIF-
ICANTLY  INCREASED  COLLEGE  ADMISSION  RATES;  (D) EXEMPLARY CAREER AND
TECHNICAL  EDUCATION  PROGRAMS  WITH  A  RECORD  OF  SUCCESSFUL  STUDENT
OUTCOMES;  OR (E) OTHER INNOVATIVE AND REPLICABLE STRATEGIES FOR STUDENT
ACHIEVEMENT.
  (3) BE AUTHORIZED TO PROMULGATE RULES AND  REGULATIONS  NECESSARY  FOR
THE IMPLEMENTATION OF THIS SUBDIVISION.
  C. TO BE AN ELIGIBLE APPLICANT, A SCHOOL DISTRICT MUST:
  (1)  HAVE  A  RACE TO THE TOP FINAL SCOPE OF WORK THAT WAS APPROVED BY
THE COMMISSIONER BY FEBRUARY FIFTEENTH, TWO THOUSAND ELEVEN;
  (2) HAVE DEMONSTRATED SATISFACTORY  PROGRESS,  AS  DETERMINED  BY  THE
COMMISSIONER,  TOWARDS  IMPLEMENTATION  OF ELEMENTS SUCH AS HIGH QUALITY
STUDENT ASSESSMENTS, USE OF DATA  TO  IMPROVE  INSTRUCTION  AND  STUDENT
PERFORMANCE,  PROVISION  OF  PROFESSIONAL DEVELOPMENT TO IMPROVE TEACHER
PERFORMANCE; AND
  (3) BE AMONG THE  SCHOOL  DISTRICTS  SHOWING  THE  GREATEST  GAINS  IN
STUDENT PERFORMANCE IN ITS CATEGORY OF DISTRICT IN THE PRIOR SCHOOL YEAR
AS  REFLECTED BY INCREASES IN STUDENT OUTCOME, AS WELL AS OTHER MEASURES

S. 2808                            70                            A. 4008

FOR CLOSING THE ACHIEVEMENT GAP, IMPROVING HIGH SCHOOL  PERFORMANCE  AND
GRADUATION  RATES, AND INCREASING COLLEGE ATTENDANCE AND RETENTION RATES
AS COMPARED TO STUDENT PERFORMANCE IN  THOSE  AREAS  IN  THE  APPLICABLE
BASELINE YEAR.
  D. FOR PURPOSES OF THIS SUBDIVISION:
  (1) "CATEGORY OF DISTRICT" MEANS:
  (A)  A  HIGH-NEED  LARGE  CITY  CATEGORY  CONSISTING  OF  CITY  SCHOOL
DISTRICTS HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND INHAB-
ITANTS OR MORE, PROVIDED THAT IN THE CASE OF THE CITY SCHOOL DISTRICT OF
THE CITY OF NEW YORK THE CHANCELLOR SHALL HAVE THE OPTION OF APPLYING ON
BEHALF OF ONE OR MORE COMMUNITY SCHOOL DISTRICTS AND/OR DISTRICT  SEVEN-
TY-FIVE IN LIEU OF APPLYING ON A CITYWIDE BASIS;
  (B) A HIGH-NEED URBAN-SUBURBAN CATEGORY AS DEFINED BY THE COMMISSIONER
BASED  UPON  THE  NEED/RESOURCE CAPACITY INDEX APPLICABLE TO SUCH SCHOOL
DISTRICTS;
  (C) A HIGH-NEED RURAL CATEGORY AS DEFINED BY  THE  COMMISSIONER  BASED
UPON   THE  NEED/RESOURCE  CAPACITY  INDEX  APPLICABLE  TO  SUCH  SCHOOL
DISTRICTS;
  (D) AN AVERAGE NEED CATEGORY AS DEFINED BY THE COMMISSIONER BASED UPON
THE NEED/RESOURCE CAPACITY INDEX APPLICABLE TO  SUCH  SCHOOL  DISTRICTS;
AND
  (E)  A LOW NEED CATEGORY AS DEFINED BY THE COMMISSIONER BASED UPON THE
NEED/RESOURCE CAPACITY INDEX APPLICABLE TO SUCH SCHOOL DISTRICTS.
  (2) THE COMMISSIONER SHALL ESTABLISH  A  METHODOLOGY  FOR  DETERMINING
WHICH  DISTRICTS  IN  EACH  CATEGORY OF DISTRICT THAT HAVE APPLIED FOR A
PERFORMANCE IMPROVEMENT GRANT HAVE SHOWN THE GREATEST ACHIEVEMENT GAINS.
PROVIDED, HOWEVER, THAT WHERE A SCHOOL DISTRICT DOES NOT HAVE THE  MINI-
MUM  NUMBER OF STUDENTS SPECIFIED BY THE COMMISSIONER FOR ACCOUNTABILITY
PURPOSES (MINIMUM "N" SIZE) IN ONE OR MORE OF THE FIVE  SUBGROUPS,  SUCH
DISTRICT SHALL NOT BE DISQUALIFIED FROM RECEIVING A GRANT, BUT A PREFER-
ENCE  SHALL  BE GIVEN TO DISTRICTS WITHIN EACH CATEGORY OF DISTRICT WITH
THE HIGHEST NUMBER OF SUBGROUPS MEETING SUCH MINIMUM "N" SIZE.
  E. THE COMMISSIONER SHALL GRANT AWARDS TO  THE  SCHOOL  DISTRICTS,  AS
RECOMMENDED  BY  THE  PEER REVIEW PANEL, AMONG THE VARIOUS CATEGORIES OF
DISTRICTS AND DETERMINE THE AMOUNT OF THE GRANT AWARD FOR EACH  ELIGIBLE
SCHOOL DISTRICT BASED UPON THE PUBLIC SCHOOL ENROLLMENT OF THE DISTRICT;
PROVIDED FURTHER THAT SUCH AMOUNT MAY BE ADJUSTED BASED UPON MEASURES OF
DISTRICT NEED.
  F.  ANY SCHOOL DISTRICT RECEIVING AN AWARD SHALL EXPEND GRANT FUNDS IN
ACCORDANCE WITH A HIGH-QUALITY PLAN SUBMITTED WITH  ITS  APPLICATION  IN
RESPONSE  TO  THE REQUEST FOR PROPOSALS. SUCH PLAN MUST SPECIFY HOW SUCH
FUNDS WILL BE USED TO ENHANCE THE ACTIVITIES AND  STRATEGIES  THAT  HAVE
BEEN  OR WILL BE IMPLEMENTED THAT HAVE BEEN DEMONSTRATED TO BE EFFECTIVE
IN, OR SHOW THE MOST PROMISE FOR, INCREASING STUDENT PERFORMANCE.
  S 3. This act shall take effect immediately.

                                 PART C

  Section 1. Article 9 of the arts and cultural affairs law is REPEALED.
  S 2. Section 97-u of the state finance law is REPEALED.
  S 3. Notwithstanding any inconsistent provision of law, all rights and
property previously held by the entity formerly referred to as  the  New
York  state theatre institute corporation, as established in chapter 824
of the laws of 1992, and as repealed in this act, shall pass to  and  be
vested within the office of general services.
  S 4. This act shall take effect immediately.

S. 2808                            71                            A. 4008

                                 PART D

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2011-2012
state fiscal year. Each component is wholly contained within  a  Subpart
identified  as Subparts A through D. The effective date for each partic-
ular provision contained within such Subparts is set forth in  the  last
section of such Subpart. Any provision in any section contained within a
Subpart,  including  the  effective  date  of the Subpart, which makes a
reference to a section "of this act", when used in connection with  that
particular  component,  shall  be deemed to mean and refer to the corre-
sponding section of the Subpart in which it is found. Section  three  of
this act sets forth the general effective date of this act.

                                SUBPART A

  Section  1.  Paragraph a of subdivision 2 of section 355 of the educa-
tion law, as amended by chapter 552 of the laws of 1985, is  amended  to
read as follows:
  a.  (1) To take, hold and administer on behalf of the state university
or any institution therein, real and personal property or  any  interest
therein  and  the  income  thereof either absolutely or in trust for any
educational or other  purpose  within  the  jurisdiction  and  corporate
purposes  of the state university. The trustees may acquire property for
such purposes by purchase, appropriation or lease and by the  acceptance
of  gifts, grants, bequests and devises, and, within appropriations made
therefor, may equip and furnish buildings and otherwise improve property
owned, used or occupied by the state university or any institution ther-
ein. THE TRUSTEES MAY ACQUIRE PROPERTY BY THE ACCEPTANCE OF  CONDITIONAL
GIFTS,  GRANTS, DEVISES OR BEQUESTS, THE PROVISIONS OF SECTION ELEVEN OF
THE STATE FINANCE LAW NOTWITHSTANDING. Where  real  property  is  to  be
acquired  by  purchase  or  appropriation,  such acquisition shall be in
accordance with the provisions of section three hundred  seven  of  this
chapter  except  that the powers and duties in said section mentioned to
be performed by the commissioner [of education] shall  be  performed  by
the state university trustees.
  (2)  THE  PROVISIONS  OF SECTIONS THREE, THIRTY-A, AND THIRTY-THREE OF
THE PUBLIC LANDS LAW NOTWITHSTANDING, THE TRUSTEES MAY PROVIDE  FOR  THE
LEASE,  TRANSFER  OR  CONVEYANCE,  OTHER  THAN  CONVEYANCE  OF TITLE, OF
STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE STATE  UNIVERSI-
TY,  UPON  APPROVAL  OF  THE  STATE UNIVERSITY ASSET MAXIMIZATION REVIEW
BOARD CREATED PURSUANT TO SECTION THREE HUNDRED SIXTY-ONE OF THIS  ARTI-
CLE.  THE  FOREGOING NOTWITHSTANDING, THE TRUSTEES, UPON APPROVAL OF THE
STATE UNIVERSITY ASSET MAXIMIZATION REVIEW BOARD, MAY  PROVIDE  FOR  THE
LEASE  OF  SUCH  REAL  PROPERTY FOR PERIODS NOT TO EXCEED FIFTY YEARS IN
SUPPORT OF THE EDUCATIONAL AND OTHER CORPORATE  PURPOSES  OF  THE  STATE
UNIVERSITY,  UNLESS  THE SUBJECT PROJECT IS IN CONFLICT WITH THE MISSION
OF THE CAMPUS TO WHICH IT RELATES, INCLUDING BUT  NOT  LIMITED  TO,  THE
DEVELOPMENT  AND  OPERATION  OF  RESEARCH,  INCUBATOR, COMMUNITY, HEALTH
CARE, RETAIL, FOOD SERVICE, TELECOMMUNICATION, STUDENT AND FACULTY HOUS-
ING, ENERGY, GOVERNMENTAL, SENIOR COMMUNITY,  HOTEL,  CONFERENCE  CENTER
AND  RECREATIONAL  FACILITIES, AND FOR THE PURPOSE OF MAXIMIZING THE USE
OF NATURAL RESOURCES; PROVIDED, HOWEVER, THAT WITH REGARD  TO  ANY  SUCH
LEASE, TRANSFER OR CONVEYANCE:
  (I)  SUCH  LEASE  OR  AGREEMENT  SHALL  BE DEEMED A STATE CONTRACT FOR
PURPOSES OF ARTICLE FIFTEEN-A OF  THE  EXECUTIVE  LAW,  AND  THE  ENTITY

S. 2808                            72                            A. 4008

ENTERING  INTO SUCH CONTRACT SHALL BE DEEMED A STATE AGENCY FOR PURPOSES
OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
  (II)  ALL WORK PERFORMED ON A PROJECT WHERE ALL OR ANY PORTION THEREOF
INVOLVES A LEASE  OR  AGREEMENT  FOR  CONSTRUCTION,  DEMOLITION,  RECON-
STRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION, ALTERATION OR
IMPROVEMENT  SHALL  BE  DEEMED A PUBLIC WORK AND SHALL BE SUBJECT TO AND
PERFORMED IN ACCORDANCE WITH THE PROVISIONS  OF  ARTICLE  EIGHT  OF  THE
LABOR LAW TO THE SAME EXTENT AND IN THE SAME MANNER AS A CONTRACT OF THE
STATE,  AND  COMPLIANCE  WITH ALL THE PROVISIONS OF ARTICLE EIGHT OF THE
LABOR LAW SHALL BE REQUIRED OF  ANY  LESSEE,  SUBLESSEE,  CONTRACTOR  OR
SUBCONTRACTOR ON THE PROJECT.
  (III)  THE  LESSEE  OR  SUBLESSEE SHALL INDEMNIFY AND DEFEND THE STATE
UNIVERSITY OF NEW YORK AGAINST ALL CLAIMS, SUITS, ACTIONS AND  LIABILITY
TO ALL PERSONS ARISING OUT OF THE LESSEE OR SUBLESSEE'S USE OR OCCUPANCY
OF THE DEMISED PREMISES.
  (IV)  NOTHING  IN  THE  LEASE OR AGREEMENT SHALL BE DEEMED TO WAIVE OR
IMPAIR ANY RIGHTS OR BENEFITS OF EMPLOYEES OF THE  STATE  UNIVERSITY  OF
NEW YORK THAT OTHERWISE WOULD BE AVAILABLE TO THEM PURSUANT TO THE TERMS
OF  COLLECTIVE  BARGAINING AGREEMENTS. ALL WORK PERFORMED ON THE DEMISED
PREMISES THAT ORDINARILY WOULD BE  PERFORMED  BY  EMPLOYEES  SUBJECT  TO
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW SHALL CONTINUE TO BE PERFORMED
BY SUCH EMPLOYEES.
  (V)  UPON  THE EXPIRATION OF THE LEASE OR AGREEMENT, THE DEMISED PREM-
ISES SHALL REVERT TO THE STATE UNIVERSITY OF NEW YORK.
  (VI) IN THE EVENT THE DEMISED PREMISES SHALL CEASE TO BE USED FOR  THE
PURPOSES  DESCRIBED  IN  THE  LEASE OR AGREEMENT, THE LEASE OR AGREEMENT
SHALL IMMEDIATELY TERMINATE, AND THE DEMISED PREMISES  SHALL  REVERT  TO
THE STATE UNIVERSITY OF NEW YORK.
  (VII)  ANY CONTRACTS AWARDED OR ENTERED INTO BY A CAMPUS RELATED FOUN-
DATION, ALUMNI ASSOCIATION  OR  AFFILIATE  THEREOF,  ANY  NOT-FOR-PROFIT
CORPORATION  OR ASSOCIATION ORGANIZED BY A STATE-OPERATED INSTITUTION TO
FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPANY WHOSE SOLE MEMBER
IS ANY OF THE  FOREGOING  ENTITIES,  FOR  CONSTRUCTION,  RECONSTRUCTION,
RENOVATION,  REHABILITATION, IMPROVEMENT OR EXPANSION AT THE STATE-OPER-
ATED INSTITUTION, FOR ANY  SINGLE  CONSTRUCTION  PROJECT  EXCEEDING  TEN
MILLION  DOLLARS  IN  THE  AGGREGATE,  FOR  WHICH  MORE THAN TWENTY-FIVE
PERCENT OF SUCH AGGREGATE AMOUNT  IS  TO  BE  PAID  FROM  APPROPRIATIONS
FURNISHED  BY EITHER THE STATE OF NEW YORK OR THE STATE UNIVERSITY, SUCH
CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILITATION, IMPROVEMENT OR
EXPANSION AT THE STATE-OPERATED INSTITUTION SHALL BE UNDERTAKEN PURSUANT
TO A PROJECT LABOR AGREEMENT, AS DEFINED IN SUBDIVISION ONE  OF  SECTION
TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, PROVIDED A STUDY DONE BY OR FOR
THE  CONTRACTING  ENTITY  DETERMINES THAT A PROJECT LABOR AGREEMENT WILL
BENEFIT SUCH CONSTRUCTION, RECONSTRUCTION,  RENOVATION,  REHABILITATION,
IMPROVEMENT  OR  EXPANSION THROUGH REDUCED RISK OF DELAY, POTENTIAL COST
SAVINGS OR POTENTIAL REDUCTION IN THE RISK OF LABOR UNREST IN  LIGHT  OF
ANY PERTINENT LOCAL HISTORY THEREOF. FOR PURPOSES OF APPLYING THE DOLLAR
THRESHOLDS  SET  FORTH  IN  THIS  CLAUSE,  THE TERM "SINGLE CONSTRUCTION
PROJECT" SHALL MEAN ANY CONSTRUCTION, RECONSTRUCTION, RENOVATION,  REHA-
BILITATION,  IMPROVEMENT  OR  EXPANSION  ACTIVITY ASSOCIATED WITH ONE OR
MORE BUILDINGS,  STRUCTURES  OR  IMPROVEMENTS,  INCLUDING  ALL  DIRECTLY
RELATED  INFRASTRUCTURE AND SITE WORK IN CONTEMPLATION THEREOF, THAT ARE
FUNCTIONALLY INTERDEPENDENT.
  (3) THE PROVISIONS OF SECTION ONE HUNDRED  SIXTY-SEVEN  OF  THE  STATE
FINANCE  LAW  NOTWITHSTANDING,  THE  TRUSTEES  MAY PROVIDE FOR THE SALE,
LEASE, TRANSFER OR CONVEYANCE OF PERSONAL PROPERTY UNDER THE CUSTODY AND

S. 2808                            73                            A. 4008

CONTROL OF THE STATE UNIVERSITY IN SUCH MANNER AND UPON  SUCH  TERMS  AS
THE  TRUSTEES SHALL DETERMINE. THE PROVISIONS OF SECTION TWENTY-THREE OF
THE PUBLIC LANDS LAW AND SECTION ONE HUNDRED SIXTY-SEVEN  OF  THE  STATE
FINANCE LAW NOTWITHSTANDING, THE PROCEEDS FROM THE SALE, LEASE, TRANSFER
OR CONVEYANCE OF STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE
STATE  UNIVERSITY  OR OF PERSONAL PROPERTY UNDER THE CUSTODY AND CONTROL
OF THE STATE UNIVERSITY SHALL BE RETAINED BY THE STATE UNIVERSITY.
  S 2. The education law is amended by adding a new section 361 to  read
as follows:
  S  361.  STATE  UNIVERSITY  ASSET MAXIMIZATION REVIEW BOARD; CREATION;
PROCEDURE.  1. CREATION.  (A) THE STATE  UNIVERSITY  ASSET  MAXIMIZATION
REVIEW  BOARD  ("THE  BOARD") IS HEREBY CREATED TO HAVE AND EXERCISE THE
POWERS, DUTIES AND PREROGATIVES  PROVIDED  BY  THE  PROVISIONS  OF  THIS
SECTION AND ANY OTHER PROVISION OF LAW.
  (B)  THE VOTING MEMBERSHIP OF THE BOARD SHALL CONSIST OF THREE PERSONS
APPOINTED BY THE GOVERNOR, OF WHICH ONE SHALL BE UPON THE RECOMMENDATION
OF THE TEMPORARY PRESIDENT OF THE SENATE AND ONE UPON THE RECOMMENDATION
OF THE SPEAKER OF THE ASSEMBLY. UPON RECOMMENDATION  OF  THE  NOMINATING
PARTY,  THE  GOVERNOR  SHALL  REPLACE  ANY MEMBER IN ACCORDANCE WITH THE
PROVISION CONTAINED IN THIS SUBDIVISION FOR THE APPOINTMENT OF  MEMBERS.
THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS TO SERVE AS CHAIRPERSON.
THE  BOARD  SHALL  ACT  BY  UNANIMOUS  VOTE OF THE MEMBERS OF THE BOARD;
PROVIDED, HOWEVER THAT WITHIN FORTY-FIVE DAYS OF RECEIPT OF AN  APPLICA-
TION  SPECIFIED  IN  PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION,
THE DESIGNATED BOARD CHAIRPERSON SHALL CONVENE A MEETING OF  THE  BOARD,
CONSISTING OF ALL VOTING AND NON-VOTING MEMBERS OF THE BOARD PURSUANT TO
THIS  PARAGRAPH  AND  PARAGRAPHS  (C),  (D)  AND (E) OF THIS SUBDIVISION
PROVIDED, HOWEVER THAT ALL VOTING MEMBERS OR THEIR DESIGNEE MUST PARTIC-
IPATE TO APPROVE OR DENY AN APPLICATION.  ANY DETERMINATION OF THE BOARD
SHALL BE EVIDENCED BY  A  CERTIFICATION  THEREOF  EXECUTED  BY  ALL  THE
MEMBERS.  EACH  MEMBER  OF  THE  BOARD  SHALL BE ENTITLED TO DESIGNATE A
REPRESENTATIVE TO ATTEND  MEETINGS  OF  THE  BOARD  ON  THE  DESIGNATING
MEMBER'S  BEHALF,  AND  TO  VOTE  OR  OTHERWISE  ACT  ON THE DESIGNATING
MEMBER'S BEHALF IN THE DESIGNATING  MEMBER'S  ABSENCE.  NOTICE  OF  SUCH
DESIGNATION  SHALL BE FURNISHED IN WRITING TO THE BOARD BY THE DESIGNAT-
ING MEMBER. A REPRESENTATIVE SHALL SERVE AT THE PLEASURE OF  THE  DESIG-
NATING MEMBER DURING THE MEMBER'S TERM OF OFFICE. A REPRESENTATIVE SHALL
NOT  BE  AUTHORIZED TO DELEGATE ANY OF HIS OR HER DUTIES OR FUNCTIONS TO
ANY OTHER PERSON.
  (C) THE GOVERNOR SHALL ALSO APPOINT  TWO  NON-VOTING  MEMBERS  TO  THE
BOARD  OF  WHICH  ONE  SHALL  BE UPON THE RECOMMENDATION OF THE MINORITY
LEADER OF THE SENATE AND ONE UPON THE  RECOMMENDATION  OF  THE  MINORITY
LEADER  OF  THE  ASSEMBLY.  EACH  NON-VOTING MEMBER SHALL BE ENTITLED TO
DESIGNATE A REPRESENTATIVE TO ATTEND MEETINGS OF THE BOARD IN HIS OR HER
PLACE.
  (D) TWO EX-OFFICIO NON-VOTING MEMBERS OF THE BOARD SHALL BE THE  STATE
COMPTROLLER AND THE STATE ATTORNEY GENERAL. EACH EX-OFFICIO MEMBER SHALL
BE  ENTITLED  TO  DESIGNATE  A  REPRESENTATIVE TO ATTEND MEETINGS OF THE
BOARD IN HIS OR HER PLACE.
  (E) TWO EX-OFFICIO NON-VOTING MEMBERS OF THE BOARD SHALL BE THE PRESI-
DENT OF THE AFL-CIO AND THE DIRECTOR OF THE  DIVISION  OF  MINORITY  AND
WOMEN-OWNED  BUSINESS ENTERPRISES OF THE EMPIRE STATE DEVELOPMENT CORPO-
RATION. EACH EX-OFFICIO MEMBER SHALL BE ENTITLED TO DESIGNATE  A  REPRE-
SENTATIVE TO ATTEND MEETINGS OF THE BOARD IN HIS OR HER PLACE.
  (F)  EVERY  OFFICER, EMPLOYEE, OR MEMBER OF A GOVERNING BOARD OR OTHER
BOARD OF ANY COLLEGE OR GROUP OR ASSOCIATION OF COLLEGES, AND EVERY  NEW

S. 2808                            74                            A. 4008

YORK  STATE REGENT, EVERY OFFICER OR EMPLOYEE OF THE BOARD OF REGENTS OR
THE DEPARTMENT AND EVERY TRUSTEE,  OFFICER  OR  EMPLOYEE  OF  THE  STATE
UNIVERSITY  OF NEW YORK SHALL BE INELIGIBLE FOR APPOINTMENT AS A MEMBER,
REPRESENTATIVE, OFFICER, EMPLOYEE OR AGENT OF THE BOARD.
  (G)  THE  MEMBERS  OF THE BOARD SHALL SERVE WITHOUT SALARY OR PER DIEM
ALLOWANCE BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL  AND  NECES-
SARY EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES PURSUANT TO
THIS  SECTION  OR  OTHER  PROVISION  OF  LAW, PROVIDED HOWEVER THAT SUCH
MEMBERS AND REPRESENTATIVES ARE NOT,  AT  THE  TIME  SUCH  EXPENSES  ARE
INCURRED,  PUBLIC  OFFICERS  OR  EMPLOYEES  OTHERWISE  ENTITLED  TO SUCH
REIMBURSEMENT.
  (H) THE MEMBERS, THEIR REPRESENTATIVES,  OFFICERS  AND  STAFF  TO  THE
BOARD  SHALL BE DEEMED EMPLOYEES WITHIN THE MEANING OF SECTION SEVENTEEN
OF THE PUBLIC OFFICERS LAW.
  2. POWERS, FUNCTIONS AND DUTIES OF THE STATE UNIVERSITY ASSET  MAXIMI-
ZATION  REVIEW  BOARD; LIMITATIONS.  PURSUANT TO THIS CHAPTER, THE BOARD
SHALL HAVE THE POWER AND IT SHALL BE ITS DUTY TO APPROVE  OR  DENY:  (A)
REQUESTS  RECEIVED  FROM  THE  TRUSTEES  OF THE STATE UNIVERSITY FOR THE
LEASE, TRANSFER OR CONVEYANCE, OTHER THAN THE CONVEYANCE  OF  TITLE,  OF
STATE-OWNED   REAL   PROPERTY   UNDER  THE  JURISDICTION  OF  THE  STATE
UNIVERSITY, AND (B) REQUESTS FROM THE TRUSTEES OF THE  STATE  UNIVERSITY
TO  PARTICIPATE  IN  JOINT  AND  COOPERATIVE  ARRANGEMENTS  WITH PUBLIC,
NOT-FOR-PROFIT AND  BUSINESS  ENTITIES  AS  PARTNERS,  JOINT  VENTURERS,
MEMBERS  OF  NOT-FOR-PROFIT  CORPORATIONS,  MEMBERS OF LIMITED LIABILITY
COMPANIES AND SHAREHOLDERS OF BUSINESS CORPORATIONS,  AS  AUTHORIZED  BY
PARAGRAPH  Z  OF  SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF
THIS ARTICLE.
  3. (A) THE TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK SHALL  SUBMIT,
IN  WRITING,  AN APPLICATION TO ALL VOTING AND NON-VOTING MEMBERS OF THE
BOARD FOR THE LEASE, TRANSFER, CONVEYANCE, OTHER THAN THE CONVEYANCE  OF
TITLE,  OF STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE STATE
UNIVERSITY. THE APPLICATION SHALL INCLUDE, BUT NOT BE  LIMITED  TO,  THE
NAME  OR  NAMES OF THE PROSPECTIVE ENTITY FOR WHICH A LEASE OR AGREEMENT
SHALL BE ENTERED, THE GEOGRAPHICAL LOCATION AND PARCEL OF REAL  PROPERTY
THAT WOULD BE UTILIZED, THE PERIOD OF TIME FOR WHICH THE LEASE, TRANSFER
OR  CONVEYANCE  IS  TO  BE EXECUTED AND ANY CONSIDERATION WHICH IS TO BE
GRANTED TO THE STATE UNIVERSITY FOR THE LEASE, TRANSFER OR CONVEYANCE OF
SUCH REAL PROPERTY.  WHERE A LEASE AGREEMENT FOR STUDENT AND/OR  FACULTY
HOUSING IS SUBMITTED TO THE BOARD FOR APPROVAL, IF APPLICABLE, THE BOARD
MAY TAKE INTO CONSIDERATION WHETHER THE AGREEMENT WOULD IMPACT OCCUPANCY
IN  DORMITORIES  FINANCED  PURSUANT  TO AGREEMENTS BETWEEN THE DORMITORY
AUTHORITY OF THE STATE OF NEW YORK, THE STATE UNIVERSITY OF NEW YORK  OR
THE STATE UNIVERSITY CONSTRUCTION FUND.  THE TRUSTEES SHALL ALSO FURNISH
ANY OTHER INFORMATION THAT THE BOARD DEEMS NECESSARY WITHIN FIFTEEN DAYS
OF THE REQUEST.
  (B)  UPON RECEIPT OF AN APPLICATION FROM THE TRUSTEES, THE BOARD SHALL
HAVE NO MORE THAN FORTY-FIVE  DAYS  TO  EVALUATE  SUCH  APPLICATION  AND
RECORD A VOTE OF APPROVE OR DENY FOR EACH VOTING MEMBER OF THE BOARD.
  (C)  WITHIN  THREE DAYS OF RECEIPT OF AN APPLICATION BY THE BOARD, THE
CHAIRPERSON OF THE BOARD SHALL CONVENE AN INITIAL MEETING TO TAKE  PLACE
WITH AT LEAST SEVEN DAYS ADVANCE NOTICE TO ALL MEMBERS OF THE BOARD, AND
WITHIN TWENTY-ONE DAYS OF THE RECEIPT OF THE APPLICATION FOR THE PURPOSE
OF  RECORDING  A VOTE TO APPROVE, DENY, OR TABLE THE APPLICATION. IF ANY
VOTE IS MADE TO DENY THE APPLICATION, THE APPLICATION IS  DENIED  UNLESS
THERE  IS  A  VOTE TO TABLE THE APPLICATION.  IF AT THE INITIAL MEETING,
ANY VOTING MEMBER OR THEIR DESIGNEE DOES NOT  PARTICIPATE  TO  RECORD  A

S. 2808                            75                            A. 4008

VOTE,  OR IF THERE IS A VOTE TO TABLE THE APPLICATION, THEN WITHIN THREE
DAYS OF THE INITIAL MEETING, THE CHAIRPERSON OF THE BOARD SHALL  CONVENE
A  SUBSEQUENT  MEETING  WITH  AT  LEAST SEVEN DAYS ADVANCE NOTICE TO ALL
MEMBERS  OF THE BOARD, AND WITHIN THIRTY-FIVE DAYS OF THE RECEIPT OF THE
APPLICATION FOR THE PURPOSE OF RECORDING A VOTE  TO  APPROVE,  DENY,  OR
TABLE  THE APPLICATION. IF ANY VOTE IS MADE TO DENY THE APPLICATION, THE
APPLICATION IS DENIED UNLESS THERE IS A VOTE TO TABLE  THE  APPLICATION.
IF  AT  THE SUBSEQUENT MEETING, ANY VOTING MEMBER OR THEIR DESIGNEE DOES
NOT PARTICIPATE TO RECORD A VOTE, OR IF THERE IS A  VOTE  TO  TABLE  THE
APPLICATION,  THEN  WITHIN  THREE  DAYS  OF  THE SUBSEQUENT MEETING, THE
CHAIRPERSON OF THE BOARD SHALL CONVENE A FINAL  MEETING  WITH  AT  LEAST
SEVEN  DAYS  ADVANCE  NOTICE  TO  ALL  MEMBERS  OF THE BOARD, AND WITHIN
FORTY-FIVE DAYS OF THE RECEIPT OF THE APPLICATION  FOR  THE  PURPOSE  OF
RECORDING A VOTE TO APPROVE OR DENY THE APPLICATION. IF ANY VOTE IS MADE
TO DENY THE APPLICATION, THE APPLICATION IS DENIED. IF ANY VOTING MEMBER
OR  THEIR  DESIGNEE DOES NOT PARTICIPATE IN THE FINAL MEETING, OR IF ANY
VOTING MEMBER DOES NOT CAST A VOTE TO APPROVE OR DENY  THE  APPLICATION,
THEN  THE VOTE OF SUCH MEMBER SHALL BE RECORDED AS A VOTE TO APPROVE THE
APPLICATION.
  (D) IN THE EVENT THAT THE CHAIRPERSON OF THE BOARD DOES NOT CONVENE  A
MEETING  REQUIRED  PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, EITHER
OF THE OTHER VOTING MEMBERS OF THE BOARD SHALL  HAVE  THE  AUTHORITY  TO
CONVENE SUCH MEETING WITHIN THE SAME PARAMETERS AND WITH THE SAME CRITE-
RIA  REQUIRED  BY  SUCH PARAGRAPH, EXCEPT THAT ANY SUCH MEETING SHALL BE
CONVENED WITHIN TWO DAYS OF THE EXPIRATION OF THE THREE DAY TIME  ALLOT-
MENT  PROVIDED TO THE CHAIRPERSON.  IN ADDITION, NOTHING IN THIS SECTION
SHALL PREVENT THE CHAIRPERSON FROM  CONVENING  ADDITIONAL  MEETINGS  NOT
SPECIFICALLY  REQUIRED  PURSUANT  TO  PARAGRAPH (C) OF THIS SUBDIVISION,
PROVIDED THAT ANY SUCH MEETING SHALL ALLOW AT LEAST SEVEN  DAYS  ADVANCE
NOTICE TO ALL MEMBERS OF THE BOARD.
  (E)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS SUBDIVISION, ANY
ADVANCE NOTICE REQUIREMENTS MAY BE WAIVED UPON THE CONSENT OF ALL VOTING
MEMBERS OF THE BOARD.
  (F) NOTWITHSTANDING ANY OTHER PROVISION OF THIS  SUBDIVISION,  IF  ANY
VOTING  MEMBER  CASTS  A  VOTE  TO TABLE THE APPLICATION, NO OTHER VOTES
SHALL BE RECORDED UNTIL A  SUBSEQUENT  MEETING  IS  CONVENED.  PROVIDED,
HOWEVER,  THAT  A  VOTE  TO TABLE THE APPLICATION SHALL NOT BE ALLOWABLE
AFTER THIRTY-FIVE DAYS OF THE RECEIPT OF THE APPLICATION.
  (G) ALL MEETINGS CONVENED BY THE BOARD SHALL BE SUBJECT  TO  THE  OPEN
MEETINGS  LAW,  AND ANY VOTES RECORDED BY ANY VOTING MEMBER OF THE BOARD
SHALL BE MADE PUBLIC.
  (H) UPON APPROVAL OF AN APPLICATION, THE TRUSTEES SHALL SUBMIT TO  THE
BOARD  PROOF  OF  COMPLIANCE WITH ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW
AND UPON  NON-COMPLIANCE,  SHALL  PROVIDE  GOOD  CAUSE  SHOWN  FOR  SUCH
NON-COMPLIANCE.  UPON REVIEW OF SUCH INFORMATION, THE BOARD SHALL REPORT
ITS FINDINGS TO THE TEMPORARY PRESIDENT OF THE SENATE,  THE  SPEAKER  OF
THE  ASSEMBLY,  THE  CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE
CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE HIGHER EDUCA-
TION COMMITTEES IN BOTH HOUSES.
  4. (A) THE TRUSTEES OF THE STATE UNIVERSITY SHALL SUBMIT, IN  WRITING,
AN  APPLICATION  TO  ALL  VOTING  AND NON-VOTING MEMBERS OF THE BOARD TO
PARTICIPATE IN JOINT AND COOPERATIVE ARRANGEMENTS WITH PUBLIC,  NOT-FOR-
PROFIT  AND  BUSINESS  ENTITIES AS PARTNERS, JOINT VENTURERS, MEMBERS OF
NOT-FOR-PROFIT CORPORATIONS, MEMBERS OF LIMITED LIABILITY COMPANIES  AND
SHAREHOLDERS  OF  BUSINESS CORPORATIONS, AS AUTHORIZED BY PARAGRAPH Z OF
SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF THIS ARTICLE. THE

S. 2808                            76                            A. 4008

APPLICATION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE NAME OF THE ENTITY
WITH WHICH THE STATE UNIVERSITY SEEKS TO PARTICIPATE, THE TYPE OF  LEGAL
ENTITY  TO BE CREATED, AND THE TRANSACTION THAT THE STATE UNIVERSITY AND
THE OTHER PARTICIPANT SEEK TO UNDERTAKE. THE TRUSTEES SHALL ALSO FURNISH
INFORMATION  RELATED TO THEIR PLANS TO ADVERTISE PROSPECTIVE PROJECTS IN
THE PROCUREMENT OPPORTUNITIES NEWSLETTER AND  IN  LOCAL  NEWSPAPERS  AND
TAKE  ANY  OTHER  STEPS  TO  MAXIMIZE THE OPPORTUNITY FOR LOCAL BUSINESS
PARTICIPATION AND THE BOARD MAY REQUEST ANY OTHER INFORMATION  THAT  THE
BOARD DEEMS NECESSARY WITHIN FIFTEEN DAYS OF THE REQUEST.
  (B)  UPON RECEIPT OF AN APPLICATION FROM THE TRUSTEES, THE BOARD SHALL
HAVE NO MORE THAN FORTY-FIVE  DAYS  TO  EVALUATE  SUCH  APPLICATION  AND
RECORD A VOTE OF APPROVE OR DENY FOR EACH VOTING MEMBER OF THE BOARD.
  (C)  WITHIN  THREE DAYS OF RECEIPT OF AN APPLICATION BY THE BOARD, THE
CHAIRPERSON OF THE BOARD SHALL CONVENE AN INITIAL MEETING TO TAKE  PLACE
WITH AT LEAST SEVEN DAYS ADVANCE NOTICE TO ALL MEMBERS OF THE BOARD, AND
WITHIN TWENTY-ONE DAYS OF THE RECEIPT OF THE APPLICATION FOR THE PURPOSE
OF  RECORDING  A VOTE TO APPROVE, DENY, OR TABLE THE APPLICATION. IF ANY
VOTE IS MADE TO DENY THE APPLICATION, THE APPLICATION IS  DENIED  UNLESS
THERE  IS  A  VOTE TO TABLE THE APPLICATION.  IF AT THE INITIAL MEETING,
ANY VOTING MEMBER OR THEIR DESIGNEE DOES NOT  PARTICIPATE  TO  RECORD  A
VOTE,  OR IF THERE IS A VOTE TO TABLE THE APPLICATION, THEN WITHIN THREE
DAYS OF THE INITIAL MEETING, THE CHAIRPERSON OF THE BOARD SHALL  CONVENE
A  SUBSEQUENT  MEETING  WITH  AT  LEAST SEVEN DAYS ADVANCE NOTICE TO ALL
MEMBERS OF THE BOARD, AND WITHIN THIRTY-FIVE DAYS OF THE RECEIPT OF  THE
APPLICATION  FOR  THE  PURPOSE  OF RECORDING A VOTE TO APPROVE, DENY, OR
TABLE THE APPLICATION. IF ANY VOTE IS MADE TO DENY THE APPLICATION,  THE
APPLICATION  IS  DENIED UNLESS THERE IS A VOTE TO TABLE THE APPLICATION.
IF AT THE SUBSEQUENT MEETING, ANY VOTING MEMBER OR THEIR  DESIGNEE  DOES
NOT  PARTICIPATE  TO  RECORD  A VOTE, OR IF THERE IS A VOTE TO TABLE THE
APPLICATION, THEN WITHIN THREE  DAYS  OF  THE  SUBSEQUENT  MEETING,  THE
CHAIRPERSON  OF  THE  BOARD  SHALL CONVENE A FINAL MEETING WITH AT LEAST
SEVEN DAYS ADVANCE NOTICE TO  ALL  MEMBERS  OF  THE  BOARD,  AND  WITHIN
FORTY-FIVE  DAYS  OF  THE  RECEIPT OF THE APPLICATION FOR THE PURPOSE OF
RECORDING A VOTE TO APPROVE OR DENY THE APPLICATION. IF ANY VOTE IS MADE
TO DENY THE APPLICATION, THE APPLICATION IS DENIED. IF ANY VOTING MEMBER
OR THEIR DESIGNEE DOES NOT PARTICIPATE IN THE FINAL MEETING, OR  IF  ANY
VOTING  MEMBER  DOES NOT CAST A VOTE TO APPROVE OR DENY THE APPLICATION,
THEN THE VOTE OF SUCH MEMBER SHALL BE RECORDED AS A VOTE TO APPROVE  THE
APPLICATION.
  (D)  IN THE EVENT THAT THE CHAIRPERSON OF THE BOARD DOES NOT CONVENE A
MEETING REQUIRED PURSUANT TO PARAGRAPH (C) OF THIS  SUBDIVISION,  EITHER
OF  THE  OTHER  VOTING  MEMBERS OF THE BOARD SHALL HAVE THE AUTHORITY TO
CONVENE SUCH MEETING WITHIN THE SAME PARAMETERS AND WITH THE SAME CRITE-
RIA REQUIRED BY SUCH PARAGRAPH, EXCEPT THAT ANY SUCH  MEETING  SHALL  BE
CONVENED  WITHIN TWO DAYS OF THE EXPIRATION OF THE THREE DAY TIME ALLOT-
MENT PROVIDED TO THE CHAIRPERSON.  IN ADDITION, NOTHING IN THIS  SECTION
SHALL  PREVENT  THE  CHAIRPERSON  FROM CONVENING ADDITIONAL MEETINGS NOT
SPECIFICALLY REQUIRED PURSUANT TO PARAGRAPH  (C)  OF  THIS  SUBDIVISION,
PROVIDED  THAT  ANY SUCH MEETING SHALL ALLOW AT LEAST SEVEN DAYS ADVANCE
NOTICE TO ALL MEMBERS OF THE BOARD.
  (E) NOTWITHSTANDING ANY  OTHER  PROVISION  OF  THIS  SUBDIVISION,  ANY
ADVANCE NOTICE REQUIREMENTS MAY BE WAIVED UPON THE CONSENT OF ALL VOTING
MEMBERS OF THE BOARD.
  (F)  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS SUBDIVISION, IF ANY
VOTING MEMBER CASTS A VOTE TO TABLE  THE  APPLICATION,  NO  OTHER  VOTES
SHALL  BE  RECORDED  UNTIL  A  SUBSEQUENT MEETING IS CONVENED. PROVIDED,

S. 2808                            77                            A. 4008

HOWEVER, THAT A VOTE TO TABLE THE APPLICATION  SHALL  NOT  BE  ALLOWABLE
AFTER THIRTY-FIVE DAYS OF THE RECEIPT OF THE APPLICATION.
  (G)  ALL  MEETINGS  CONVENED BY THE BOARD SHALL BE SUBJECT TO THE OPEN
MEETINGS LAW, AND ANY VOTES RECORDED BY ANY VOTING MEMBER OF  THE  BOARD
SHALL BE MADE PUBLIC.
  (H)  UPON APPROVAL OF AN APPLICATION, THE TRUSTEES SHALL SUBMIT TO THE
BOARD PROOF OF COMPLIANCE WITH ARTICLE FIFTEEN-A OF  THE  EXECUTIVE  LAW
AND  UPON  NON-COMPLIANCE,  SHALL  PROVIDE  GOOD  CAUSE  SHOWN  FOR SUCH
NON-COMPLIANCE. UPON REVIEW OF SUCH INFORMATION, THE BOARD SHALL  REPORT
ITS  FINDINGS  TO  THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY, THE CHAIR OF THE ASSEMBLY WAYS AND  MEANS  COMMITTEE,  THE
CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE HIGHER EDUCA-
TION COMMITTEES IN BOTH HOUSES.
  5. INSOFAR AS THE PROVISIONS OF THIS SECTION ARE INCONSISTENT WITH THE
PROVISIONS OF ANY LAW, GENERAL, SPECIAL OR LOCAL, THE PROVISIONS OF THIS
SECTION  SHALL BE CONTROLLING, EXCEPT THAT NOTHING IN THIS SECTION SHALL
PRECLUDE THE STATE UNIVERSITY OF NEW YORK FROM ENTERING  INTO  CONTRACTS
OR AGREEMENTS OTHERWISE PERMITTED BY LAW WITHOUT BOARD APPROVAL.
  S  3.  Subdivision 2 of section 355 of the education law is amended by
adding two new paragraphs y and z to read as follows:
  Y. TO LEASE OR MAKE AVAILABLE TO ANY OTHER PUBLIC OR PRIVATE  FOR-PRO-
FIT  OR NON-PROFIT ENTITY, INCLUDING, BUT NOT LIMITED TO, A LOCAL DEVEL-
OPMENT CORPORATION ORGANIZED UNDER SECTION FOURTEEN  HUNDRED  ELEVEN  OF
THE  NOT-FOR-PROFIT  CORPORATION LAW OR AN INDUSTRIAL DEVELOPMENT AGENCY
ORGANIZED UNDER ARTICLE EIGHTEEN-A  OF  THE  GENERAL  MUNICIPAL  LAW,  A
PORTION  OF  THE  GROUNDS  OR REAL PROPERTY OCCUPIED BY A STATE OPERATED
INSTITUTION OR STATUTORY  OR  CONTRACT  COLLEGE  FOR  THE  CONSTRUCTION,
ACQUISITION,  RECONSTRUCTION,  REHABILITATION OR IMPROVEMENT OF ACADEMIC
BUILDINGS, DORMITORIES OR OTHER FACILITIES THEREON AND FOR  THE  PURPOSE
OF FACILITATING SUCH CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABIL-
ITATION  OR IMPROVEMENT, TO ENTER INTO LEASES AND AGREEMENTS FOR THE USE
OF ANY SUCH ACADEMIC BUILDING, DORMITORY OR  OTHER  FACILITY;  PROVIDED,
HOWEVER,  THAT  NOTHING  HEREIN CONTAINED SHALL AFFECT THE PROVISIONS OF
ANY LEASE OR AGREEMENT HERETOFORE EXECUTED BY THE STATE UNIVERSITY  WITH
THE  DORMITORY AUTHORITY.   THE STATE UNIVERSITY TRUSTEES MAY ALSO ENTER
INTO AGREEMENTS WITH ANY OTHER PUBLIC OR PRIVATE FOR-PROFIT OR  NON-PRO-
FIT  ENTITY,  INCLUDING,  BUT  NOT LIMITED TO A LOCAL DEVELOPMENT CORPO-
RATION  ORGANIZED  UNDER  SECTION  FOURTEEN  HUNDRED   ELEVEN   OF   THE
NOT-FOR-PROFIT  CORPORATION  LAW  OR  AN  INDUSTRIAL  DEVELOPMENT AGENCY
ORGANIZED UNDER ARTICLE EIGHTEEN-A OF  THE  GENERAL  MUNICIPAL  LAW,  TO
FURNISH  HEAT  FROM  A  CENTRAL  HEATING PLANT TO ANY ACADEMIC BUILDING,
DORMITORY OR OTHER FACILITY ERECTED BY THEM OR WITH MONEYS  SUPPLIED  BY
THEM.
  Z.    IN CONNECTION WITH PUBLIC-PRIVATE PARTNERSHIPS IN SUPPORT OF THE
CORPORATE PURPOSES OF THE STATE UNIVERSITY, TO PARTICIPATE IN JOINT  AND
COOPERATIVE  ARRANGEMENTS WITH PUBLIC, NOT-FOR-PROFIT AND BUSINESS ENTI-
TIES AS PARTNERS, JOINT  VENTURERS,  MEMBERS  OF  NOT-FOR-PROFIT  CORPO-
RATIONS,  MEMBERS  OF  LIMITED  LIABILITY  COMPANIES AND SHAREHOLDERS OF
BUSINESS CORPORATIONS. THE STATE  UNIVERSITY'S  PARTICIPATION  SHALL  BE
SUBJECT  TO GUIDELINES OF THE STATE UNIVERSITY WITH RESPECT TO CONFLICTS
OF INTEREST AND TO ARTICLE FOURTEEN OF THE CIVIL  SERVICE  LAW  AND  THE
APPLICABLE  PROVISIONS  OF  AGREEMENTS  BETWEEN  THE  STATE AND EMPLOYEE
ORGANIZATIONS PURSUANT TO SUCH  ARTICLE  FOURTEEN.  NOTWITHSTANDING  ANY
INCONSISTENT  PROVISION IN SECTION EIGHT OF THE COURT OF CLAIMS ACT, THE
STATE UNIVERSITY MAY INCLUDE IN A  CONTRACT  RELATING  TO  SUCH  PARTIC-
IPATION,  OTHER  THAN  A CONTRACT WITH STATE EMPLOYEES RELATING TO TERMS

S. 2808                            78                            A. 4008

AND CONDITIONS OF  THEIR  EMPLOYMENT,  A  PROVISION  THAT  SOME  OR  ALL
DISPUTES  ARISING UNDER OR RELATED TO SUCH CONTRACT SHALL BE RESOLVED BY
BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF A  NATIONALLY-RECOG-
NIZED  ARBITRATION ASSOCIATION. NOTHING CONTAINED IN THE PUBLIC OFFICERS
LAW OR IN ANY OTHER LAW,  RULE  OR  REGULATION  SHALL  BE  CONSTRUED  OR
APPLIED  TO PROHIBIT STATE UNIVERSITY OFFICERS AND EMPLOYEES FROM ENGAG-
ING IN ACTIVITIES FOR WHICH NO COMPENSATION IS PAID AS DESIGNEES OF  THE
STATE  UNIVERSITY IN CONNECTION WITH SUCH JOINT AND COOPERATIVE ARRANGE-
MENTS, INCLUDING SERVING AS DESIGNEES OF THE STATE UNIVERSITY AS  DIREC-
TORS  ON BOARDS OR OTHER GOVERNING BODIES OF CORPORATIONS OR OTHER ENTI-
TIES.
  S 4. Subdivisions 8 and 12 of section 373 of  the  education  law,  as
added  by  chapter  251  of  the  laws  of  1962, are amended to read as
follows:
  8. (A) To design, construct, acquire,  reconstruct,  rehabilitate  and
improve  academic  buildings,  dormitories  and other facilities for the
state university [in accordance with sections three hundred seventy-five
and three hundred seventy-six of this chapter] USING ANY PROJECT  DELIV-
ERY   METHOD,   INCLUDING  BUT  NOT  LIMITED  TO,  DESIGN,  BID,  BUILD,
DESIGN/BUILD, OR CONSTRUCTION MANAGER AT RISK, THAT WILL ASSIST THE FUND
IN FULFILLING ITS PURPOSES UNDER SECTION THREE  HUNDRED  SEVENTY-TWO  OF
THIS ARTICLE, PROVIDED THAT ALL WORK PERFORMED ON A PROJECT WHERE ALL OR
ANY PORTION THEREOF INVOLVES A LEASE OR AGREEMENT FOR SUCH CONSTRUCTION,
DEMOLITION,  RECONSTRUCTION,  EXCAVATION,  REHABILITATION, REPAIR, RENO-
VATION, ALTERATION OR IMPROVEMENTS SHALL BE DEEMED PUBLIC WORK AND SHALL
BE SUBJECT TO AND PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
EIGHT OF THE LABOR LAW TO THE SAME EXTENT AND IN THE SAME  MANNER  AS  A
CONTRACT  OF  THE  STATE.  COMPLIANCE WITH ALL THE PROVISIONS OF ARTICLE
EIGHT OF THE LABOR LAW AND ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW  SHALL
BE  REQUIRED  OF  ANY LESSEE, SUBLESSEE, CONTRACTOR, OR SUBCONTRACTOR ON
THE PROJECT. IN NO EVENT SHALL MORE THAN FIFTEEN PERCENT  OF  THE  TOTAL
ANNUAL  COST  OF  ALL  STATE  UNIVERSITY CAPITAL PROJECTS BE AWARDED FOR
PROJECTS THAT USE A PROJECT DELIVERY  METHOD  OTHER  THAN  DESIGN,  BID,
BUILD.
  (B) NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN THE FUND
SHALL  SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND
THE SPEAKER OF THE ASSEMBLY A REPORT  DESCRIBING  THE  EFFICACY  OF  THE
FUND'S  USE  OF  PROJECT DELIVERY METHODS OTHER THAN DESIGN, BID, BUILD.
COMMENTS, IF ANY, OF THE NEW YORK STATE BUILDING AND CONSTRUCTION TRADES
COUNCIL SHALL BE INCLUDED IN SUCH REPORT.
  (C) WITH RESPECT TO ANY PROJECT BY THE FUND FOR WHICH A PROJECT DELIV-
ERY METHOD OTHER THAN DESIGN, BID, BUILD IS PROPOSED, THE PROJECT  SHALL
BE  UNDERTAKEN  PURSUANT  TO  A  PROJECT  LABOR AGREEMENT, AS DEFINED IN
SUBDIVISION ONE OF SECTION TWO HUNDRED  TWENTY-TWO  OF  THE  LABOR  LAW.
UNLESS THE FUND DETERMINES, UPON THE BASIS OF A STUDY DONE BY OR FOR THE
CONTRACTING  ENTITY  BY  A QUALIFIED ENTITY ACCEPTABLE TO THE FUND, THAT
THE FUND'S INTEREST IN OBTAINING THE BEST WORK AT  THE  LOWEST  POSSIBLE
PRICE,  PREVENTING FAVORITISM, FRAUD AND CORRUPTION, AND OTHER CONSIDER-
ATIONS SUCH AS THE IMPACT OF DELAY,  THE  POSSIBILITY  OF  COST  SAVINGS
ADVANTAGES,  AND  ANY  LOCAL  HISTORY  OF  LABOR UNREST, ARE BEST MET BY
REQUIRING A PROJECT LABOR AGREEMENT, THE FUND SHALL  NOT  UNDERTAKE  THE
PROJECT USING A PROJECT DELIVERY METHOD OTHER THAN DESIGN, BID, BUILD;
  12. To [make] PROCURE and execute contracts, lease agreements, and all
other instruments necessary or convenient for the exercise of its corpo-
rate  powers  and  the  fulfillment of its corporate purposes under this
article. NOTWITHSTANDING SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE

S. 2808                            79                            A. 4008

LAW OR ANY OTHER LAW TO THE CONTRARY, ALL SUCH FUND  PROCUREMENTS  SHALL
BE  SUBJECT  ONLY TO PROCUREMENT GUIDELINES THAT ARE ANNUALLY ADOPTED BY
THE FUND TRUSTEES, WHICH SHALL CONFORM TO THE PROVISIONS OF  TITLE  FOUR
OF   ARTICLE   NINE   OF  THE  PUBLIC  AUTHORITIES  LAW  EXCEPT  SECTION
TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF SUCH LAW;
  S 5. Subdivisions 2 and 8 of section 376  of  the  education  law,  as
added  by  chapter  251  of  the laws of 1962, the opening paragraph and
paragraph a of subdivision 8 as amended by chapter 877 of  the  laws  of
1990  and  paragraph  f  of subdivision 8 as added by chapter 769 of the
laws of 1978, are amended to read as follows:
  2. The fund may  construct,  acquire,  reconstruct,  rehabilitate  and
improve  such  facilities, other than dormitories, by its own employees,
by agreement with a state retirement system or any state agency  author-
ized  to  perform such work, or by contract awarded pursuant to subdivi-
sion eight of this section.  IF THE FUND AND THE STATE UNIVERSITY  ENTER
INTO AN AGREEMENT WHEREBY THE STATE UNIVERSITY IS AUTHORIZED BY THE FUND
TO CONSTRUCT, ACQUIRE, RECONSTRUCT, REHABILITATE AND IMPROVE SUCH FACIL-
ITIES,  SUCH  AGREEMENT  MAY  ALLOW THE STATE UNIVERSITY TO USE THE SAME
PROJECT DELIVERY METHODS CONTAINED IN SUBDIVISION EIGHT OF SECTION THREE
HUNDRED SEVENTY-THREE OF THIS ARTICLE.
  8. All contracts which are to be awarded pursuant to this  subdivision
shall  be  awarded  by  public  letting in accordance with the following
provisions,  notwithstanding  any  contrary  provision  of  section  ONE
HUNDRED  TWELVE,  one  hundred  thirty-five, one hundred thirty-six, one
hundred thirty-nine or one hundred forty of the state finance law OR ANY
OTHER LAW, provided, however, that where the estimated  expense  of  any
contract  which may be awarded pursuant to this subdivision is less than
TWO HUNDRED fifty thousand dollars, a performance bond and  a  bond  for
the  payment  of  labor and material may, in the discretion of the fund,
not be required, and except that  in  the  discretion  of  the  fund,  a
contract  may  be  entered into for such purposes without public letting
where the  estimated  expense  thereof  is  less  than  twenty  thousand
dollars,  or  where  in  the judgment of the fund an emergency condition
exists as a result of damage to an existing academic building, dormitory
or other facility which has been caused by an act of God, fire or  other
casualty,  or any other unanticipated, sudden and unexpected occurrence,
that has resulted in damage to or a malfunction in an existing  academic
building,  dormitory or other facility and involves a pressing necessity
for immediate repair, reconstruction or maintenance in order  to  permit
the  safe  continuation  of  the use or function of such facility, or to
protect the facility or the life, health or safety of  any  person,  and
the nature of the work is such that in the judgment of the fund it would
be  impractical  and against the public interest to have public letting;
provided, however, that the fund, prior to awarding a contract hereunder
because of an emergency condition notify the comptroller of  its  intent
to award such a contract:
  a. [If contracts are to be publicly let, the] THE letting agency shall
advertise the invitation to bid OR THE REQUEST FOR PROPOSALS in [a news-
paper  published  in  the city of Albany and in] such [other newspapers]
NEWSPAPER as will be most likely in its opinion to give adequate  notice
to  contractors  of  the  work  required  [and of the invitation to bid]
provided, however, that where the  estimated  expense  of  any  contract
which  may  be  awarded  pursuant  to  this subdivision is less than TWO
HUNDRED fifty thousand dollars, the letting  agency  may  advertise  the
invitation  to bid solely through the procurement opportunities newslet-
ter published pursuant to section one hundred forty-two of the  economic

S. 2808                            80                            A. 4008

development  law.  The  invitation to bid OR REQUEST FOR PROPOSALS shall
contain such information as the letting agency  shall  deem  appropriate
[and  a statement of the time and place where all bids received pursuant
to such notice will be publicly opened and read].
  b.  The  letting  agency  shall  not  award  any contract after public
bidding except to the lowest bidder who in its opinion is  qualified  to
perform  the  work required and is responsible and reliable. The letting
agency may, however, reject any or all bids, again advertise  for  bids,
or  waive any informality in a bid if it believes that the public inter-
est will be promoted thereby.
  c. The invitation to bid,  REQUEST  FOR  PROPOSALS  and  the  contract
awarded  shall  contain  such  other  terms  and  conditions,  and  such
provisions for penalties, as the letting agency may deem desirable.
  d. [The form of any] ANY contract awarded pursuant to this subdivision
shall [be approved by the attorney general and by  the  comptroller  and
shall]  contain  a clause that the contract shall be deemed executory to
the extent of the moneys  available  and  that  no  liability  shall  be
incurred by the fund beyond the moneys available therefor.
  e.  The letting agency shall require such deposits, bonds and security
in connection with the submission of bids OR REQUEST FOR PROPOSALS,  the
award  of contracts and the performance of work as it shall determine to
be in the public interest and for the protection of the state, the state
university, the fund and the letting agency.
  f. Notwithstanding the provisions of any other law  to  the  contrary,
all   contracts   for  public  work  awarded  by  the  state  university
construction fund pursuant to this subdivision shall  be  in  accordance
with section one hundred thirty-nine-f of the state finance law.
  S  6.  Paragraph  (b)  of  subdivision 2 of section 1676 of the public
authorities law is amended by adding three new  undesignated  paragraphs
to read as follows:
  ANY  ENTITY  WHICH  IS  ORGANIZED  BY  OFFICERS,  EMPLOYEES, ALUMNI OR
STUDENTS OF THE STATE UNIVERSITY  OF  NEW  YORK  TO  SUPPORT  THE  STATE
UNIVERSITY  AND  WHICH  IS QUALIFIED AS AN ORGANIZATION UNDER THE UNITED
STATES INTERNAL REVENUE CODE AS EXEMPT FROM INCOME TAX, OTHER  THAN  THE
RESEARCH FOUNDATION OF STATE UNIVERSITY OF NEW YORK AND ANY ENTITY WHICH
IS  ORGANIZED  EXCLUSIVELY  BY STUDENTS OF THE STATE UNIVERSITY, FOR THE
FINANCING,  REFINANCING,  ACQUISITION,  DESIGN,   CONSTRUCTION,   RECON-
STRUCTION,  REHABILITATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF ANY
HOUSING UNIT FOR THE USE OF STUDENTS, FACULTY, STAFF AND THEIR  FAMILIES
OR  ANY ACADEMIC BUILDING, ADMINISTRATION BUILDING, LIBRARY, LABORATORY,
CLASSROOM, HEALTH FACILITY OR  OTHER  FACILITY,  BUILDING  OR  STRUCTURE
ESSENTIAL,  NECESSARY  OR  USEFUL  IN FURTHERING THE ACADEMIC, CULTURAL,
HEALTH OR RESEARCH PROGRAMS OF THE STATE UNIVERSITY OF NEW YORK, INCLUD-
ING ALL NECESSARY AND USUAL ATTENDANT AND RELATED FACILITIES AND  EQUIP-
MENT.
  ANY  ENTITY  WHICH  IS  ORGANIZED  BY  OFFICERS,  EMPLOYEES, ALUMNI OR
STUDENTS OF A LOCALLY SPONSORED COMMUNITY COLLEGE, INCLUDING  A  LOCALLY
SPONSORED  COMMUNITY  COLLEGE  ESTABLISHED  AND  OPERATED BY A COMMUNITY
COLLEGE REGION AS SET FORTH IN SECTION SIXTY-THREE HUNDRED  ONE  OF  THE
EDUCATION  LAW,  TO  SUPPORT THE LOCALLY SPONSORED COMMUNITY COLLEGE AND
WHICH IS QUALIFIED AS AN ORGANIZATION UNDER THE UNITED  STATES  INTERNAL
REVENUE  CODE  AS EXEMPT FROM INCOME TAX, OTHER THAN ANY ENTITY WHICH IS
ORGANIZED EXCLUSIVELY BY STUDENTS OF  THE  LOCALLY  SPONSORED  COMMUNITY
COLLEGE,   FOR   THE   FINANCING,   REFINANCING,   ACQUISITION,  DESIGN,
CONSTRUCTION, RECONSTRUCTION,  REHABILITATION,  IMPROVEMENT,  FURNISHING
AND  EQUIPPING  OF  ANY  HOUSING  UNIT FOR THE USE OF STUDENTS, FACULTY,

S. 2808                            81                            A. 4008

STAFF AND THEIR FAMILIES OR ANY ACADEMIC BUILDING, ADMINISTRATION BUILD-
ING, LIBRARY, LABORATORY, CLASSROOM, HEALTH FACILITY OR OTHER  FACILITY,
BUILDING  OR  STRUCTURE ESSENTIAL, NECESSARY OR USEFUL IN FURTHERING THE
ACADEMIC, CULTURAL, HEALTH OR RESEARCH PROGRAMS OF THE LOCALLY SPONSORED
COMMUNITY  COLLEGE,  INCLUDING  ALL  NECESSARY  AND  USUAL ATTENDANT AND
RELATED FACILITIES AND EQUIPMENT.
  A LOCALLY SPONSORED COMMUNITY COLLEGE, FOR  THE  ACQUISITION,  DESIGN,
CONSTRUCTION,  RECONSTRUCTION, REHABILITATION AND IMPROVEMENT OF A HOUS-
ING UNIT, INCLUDING ALL NECESSARY AND ATTENDANT AND  RELATED  FACILITIES
AND EQUIPMENT, FOR THE USE OF STUDENTS, MARRIED STUDENTS, FACULTY, STAFF
AND THE FAMILIES THEREOF AT SUCH LOCALLY SPONSORED COMMUNITY COLLEGE.
  S  7.  Subdivision  1 of section 1680 of the public authorities law is
amended by adding three new undesignated paragraphs to read as follows:
  ANY ENTITY WHICH  IS  ORGANIZED  BY  OFFICERS,  EMPLOYEES,  ALUMNI  OR
STUDENTS  OF  THE  STATE  UNIVERSITY  OF  NEW  YORK TO SUPPORT THE STATE
UNIVERSITY AND WHICH IS QUALIFIED AS AN ORGANIZATION  UNDER  THE  UNITED
STATES  INTERNAL  REVENUE CODE AS EXEMPT FROM INCOME TAX, OTHER THAN THE
RESEARCH FOUNDATION OF STATE UNIVERSITY OF NEW YORK AND ANY ENTITY WHICH
IS ORGANIZED EXCLUSIVELY BY STUDENTS OF THE STATE  UNIVERSITY,  FOR  THE
FINANCING,   REFINANCING,   ACQUISITION,  DESIGN,  CONSTRUCTION,  RECON-
STRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF  ANY
HOUSING  UNIT FOR THE USE OF STUDENTS, FACULTY, STAFF AND THEIR FAMILIES
OR ANY ACADEMIC BUILDING, ADMINISTRATION BUILDING, LIBRARY,  LABORATORY,
CLASSROOM,  HEALTH FACILITY OR ANY OTHER BUILDING, FACILITY OR STRUCTURE
ESSENTIAL, NECESSARY OR USEFUL IN  FURTHERING  THE  ACADEMIC,  CULTURAL,
HEALTH  OR  RESEARCH  PROGRAMS  FOR  THE  STATE  UNIVERSITY OF NEW YORK,
INCLUDING ALL NECESSARY AND USUAL ATTENDANT AND RELATED  FACILITIES  AND
EQUIPMENT;  PROVIDED  HOWEVER THAT ANY PROJECT PROPOSED TO BE UNDERTAKEN
PURSUANT TO THIS PARAGRAPH SHALL FIRST BE APPROVED BY THE STATE  UNIVER-
SITY  OF NEW YORK; PROVIDED FURTHER AND NOTWITHSTANDING ANY PROVISION OF
LAW TO THE CONTRARY, THAT ANY  SUCH  NOT-FOR-PROFIT  ENTITY,  THE  STATE
UNIVERSITY  OF  NEW  YORK AND THE STATE UNIVERSITY CONSTRUCTION FUND ARE
HEREBY AUTHORIZED TO TAKE SUCH ACTIONS AND TO ENTER INTO SUCH AGREEMENTS
WITH THE DORMITORY AUTHORITY AS ARE  NECESSARY  TO:  (I)  UNDERTAKE  THE
FINANCING,   REFINANCING,   ACQUISITION,  DESIGN,  CONSTRUCTION,  RECON-
STRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF  ANY
PROJECT  AS  PROVIDED  IN THIS PARAGRAPH, INCLUDING, BUT NOT LIMITED TO,
PROVIDING FOR THE CONVEYANCE OF STATE-OWNED PROPERTY UNDER THE JURISDIC-
TION OF THE STATE UNIVERSITY TO THE NOT-FOR-PROFIT ENTITY; OR (II) GRANT
THE AUTHORITY A LIEN ON ANY REVENUES OR PROPERTY OR  ANY  MONEYS  TO  BE
RECEIVED  BY THE NOT-FOR-PROFIT ENTITY TO THE EXTENT THAT SUCH REVENUES,
PROPERTY OR MONEYS ARE PLEDGED BY THE ENTITY TO THE DORMITORY  AUTHORITY
TO SECURE THE PAYMENT OF ALL AMOUNTS OWED TO THE AUTHORITY ON ACCOUNT OF
ANY  PROJECT  UNDERTAKEN  PURSUANT  TO THIS PARAGRAPH; PROVIDED FURTHER,
THAT ALL WORK PERFORMED ON A PROJECT WHERE ALL OR  ANY  PORTION  THEREOF
INVOLVES  A  LEASE  OR  AGREEMENT  FOR  CONSTRUCTION, DEMOLITION, RECON-
STRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION, ALTERATION OR
IMPROVEMENT SHALL BE DEEMED PUBLIC WORK AND  SHALL  BE  SUBJECT  TO  AND
PERFORMED  IN  ACCORDANCE  WITH  THE  PROVISIONS OF ARTICLE EIGHT OF THE
LABOR LAW TO THE SAME EXTENT AND IN THE SAME MANNER AS A CONTRACT OF THE
STATE AND THE CONTRACTORS PERFORMING SUCH WORK SHALL ALSO  BE  DEEMED  A
STATE  AGENCY  FOR THE PURPOSE OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW
AND SUBJECT TO THE PROVISIONS OF SUCH ARTICLE, AND SHALL BE SUBJECT TO A
COMPETITIVE PROCESS.   COMPLIANCE WITH ALL  THE  PROVISIONS  OF  ARTICLE
EIGHT  OF  THE  LABOR  LAW  SHALL  BE REQUIRED OF ANY LESSEE, SUBLESSEE,
CONTRACTOR, OR SUBCONTRACTOR ON THE PROJECT.  ALL STATE AND LOCAL  OFFI-

S. 2808                            82                            A. 4008

CERS  ARE  HEREBY AUTHORIZED TO PAY ALL FUNDS SO ASSIGNED AND PLEDGED TO
THE DORMITORY AUTHORITY OR, UPON THE DIRECTION OF THE DORMITORY AUTHORI-
TY, TO ANY TRUSTEE OF  ANY  DORMITORY  AUTHORITY  BOND  OR  NOTE  ISSUE.
NEITHER  THE STATE OF NEW YORK, THE STATE UNIVERSITY OF NEW YORK NOR THE
STATE UNIVERSITY CONSTRUCTION FUND SHALL TAKE ANY ACTION IN SUCH  MANNER
AS TO IMPAIR OR DIMINISH THE RIGHTS AND REMEDIES OF THE AUTHORITY PURSU-
ANT  TO  ANY  SUCH  PLEDGE AND ASSIGNMENT AND ANY LIEN OR OTHER SECURITY
INTEREST CREATED PURSUANT TO THIS PARAGRAPH.
  ANY ENTITY WHICH  IS  ORGANIZED  BY  OFFICERS,  EMPLOYEES,  ALUMNI  OR
STUDENTS  OF  A LOCALLY SPONSORED COMMUNITY COLLEGE, INCLUDING A LOCALLY
SPONSORED COMMUNITY COLLEGE ESTABLISHED  AND  OPERATED  BY  A  COMMUNITY
COLLEGE  REGION  AS  SET FORTH IN SECTION SIXTY-THREE HUNDRED ONE OF THE
EDUCATION LAW, TO SUPPORT THE LOCALLY SPONSORED  COMMUNITY  COLLEGE  AND
WHICH  IS  QUALIFIED AS AN ORGANIZATION UNDER THE UNITED STATES INTERNAL
REVENUE CODE AS EXEMPT FROM INCOME TAX, OTHER THAN ANY ENTITY  WHICH  IS
ORGANIZED  EXCLUSIVELY  BY  STUDENTS  OF THE LOCALLY SPONSORED COMMUNITY
COLLEGE,  FOR   THE   FINANCING,   REFINANCING,   ACQUISITION,   DESIGN,
CONSTRUCTION,  RECONSTRUCTION,  REHABILITATION,  IMPROVEMENT, FURNISHING
AND EQUIPPING OF ANY HOUSING UNIT FOR  THE  USE  OF  STUDENTS,  FACULTY,
STAFF AND THEIR FAMILIES OR ANY ACADEMIC BUILDING, ADMINISTRATION BUILD-
ING, LIBRARY, LABORATORY, CLASSROOM, HEALTH FACILITY OR ANY OTHER BUILD-
ING,  FACILITY OR STRUCTURE ESSENTIAL, NECESSARY OR USEFUL IN FURTHERING
THE ACADEMIC, CULTURAL, HEALTH OR  RESEARCH  PROGRAMS  FOR  THE  LOCALLY
SPONSORED COMMUNITY COLLEGE, INCLUDING ALL NECESSARY AND USUAL ATTENDANT
AND  RELATED FACILITIES AND EQUIPMENT; PROVIDED HOWEVER THAT ANY PROJECT
PROPOSED TO BE UNDERTAKEN PURSUANT TO  THIS  PARAGRAPH  SHALL  FIRST  BE
APPROVED  BY  THE  BOARD  OF TRUSTEES OF THE LOCALLY SPONSORED COMMUNITY
COLLEGE; PROVIDED FURTHER AND NOTWITHSTANDING ANY PROVISION  OF  LAW  TO
THE CONTRARY, THAT ANY SUCH NOT-FOR-PROFIT ENTITY, THE LOCALLY SPONSORED
COMMUNITY  COLLEGE  AND  THE LOCAL SPONSOR ARE HEREBY AUTHORIZED TO TAKE
SUCH ACTIONS AND TO  ENTER  INTO  SUCH  AGREEMENTS  WITH  THE  DORMITORY
AUTHORITY AS ARE NECESSARY TO: (I) UNDERTAKE THE FINANCING, REFINANCING,
ACQUISITION,   DESIGN,   CONSTRUCTION,  RECONSTRUCTION,  REHABILITATION,
IMPROVEMENT, FURNISHING AND EQUIPPING OF ANY PROJECT AS PROVIDED IN THIS
PARAGRAPH, INCLUDING, BUT NOT LIMITED TO, PROVIDING FOR  THE  CONVEYANCE
OF PROPERTY HELD IN TRUST BY THE LOCAL SPONSOR FOR THE USES AND PURPOSES
OF THE LOCALLY SPONSORED COMMUNITY COLLEGE TO THE NOT-FOR-PROFIT ENTITY;
OR  (II)  GRANT  THE AUTHORITY A LIEN ON ANY REVENUES OR PROPERTY OR ANY
MONEYS TO BE RECEIVED BY THE NOT-FOR-PROFIT ENTITY TO  THE  EXTENT  THAT
SUCH  REVENUES,  PROPERTY  OR  MONEYS  ARE  PLEDGED BY THE ENTITY TO THE
DORMITORY AUTHORITY TO SECURE THE PAYMENT OF ALL  AMOUNTS  OWED  TO  THE
AUTHORITY  ON  ACCOUNT  OF ANY PROJECT UNDERTAKEN PURSUANT TO THIS PARA-
GRAPH; PROVIDED FURTHER, ALL WORK PERFORMED ON A PROJECT  WHERE  ALL  OR
ANY  PORTION  THEREOF  INVOLVES  A  LEASE OR AGREEMENT FOR CONSTRUCTION,
DEMOLITION, RECONSTRUCTION, EXCAVATION,  REHABILITATION,  REPAIR,  RENO-
VATION,  ALTERATION OR IMPROVEMENT SHALL BE DEEMED PUBLIC WORK AND SHALL
BE SUBJECT TO AND PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
EIGHT OF THE LABOR LAW TO THE SAME EXTENT AND IN THE SAME  MANNER  AS  A
CONTRACT  OF  THE  STATE  AND THE CONTRACTORS PERFORMING SUCH WORK SHALL
ALSO BE DEEMED A STATE AGENCY FOR THE PURPOSE OF  ARTICLE  FIFTEEN-A  OF
THE  EXECUTIVE  LAW  AND  SUBJECT TO THE PROVISIONS OF SUCH ARTICLE, AND
SHALL BE SUBJECT TO A COMPETITIVE PROCESS.    COMPLIANCE  WITH  ALL  THE
PROVISIONS  OF  ARTICLE  EIGHT OF THE LABOR LAW SHALL BE REQUIRED OF ANY
LESSEE, SUBLESSEE, CONTRACTOR, OR SUBCONTRACTOR ON  THE  PROJECT.    ALL
STATE  AND LOCAL OFFICERS ARE HEREBY AUTHORIZED TO PAY ALL SUCH FUNDS SO
ASSIGNED AND PLEDGED TO THE DORMITORY AUTHORITY OR, UPON  THE  DIRECTION

S. 2808                            83                            A. 4008

OF  THE  DORMITORY  AUTHORITY, TO ANY TRUSTEE OF ANY DORMITORY AUTHORITY
BOND OR NOTE ISSUE.  NEITHER THE STATE OF NEW YORK,  THE  LOCAL  SPONSOR
NOR  THE  LOCALLY  SPONSORED  COMMUNITY COLLEGE SHALL TAKE ANY ACTION IN
SUCH  MANNER  AS  TO  IMPAIR  OR DIMINISH THE RIGHTS AND REMEDIES OF THE
AUTHORITY PURSUANT TO ANY SUCH PLEDGE AND ASSIGNMENT  AND  ANY  LIEN  OR
OTHER SECURITY INTEREST CREATED PURSUANT TO THIS PARAGRAPH.
  A  LOCALLY  SPONSORED  COMMUNITY COLLEGE, FOR THE ACQUISITION, DESIGN,
CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND IMPROVEMENT OF A  HOUS-
ING  UNIT,  INCLUDING ALL NECESSARY AND ATTENDANT AND RELATED FACILITIES
AND EQUIPMENT, FOR THE USE OF STUDENTS, MARRIED STUDENTS, FACULTY, STAFF
AND THE FAMILIES THEREOF AT SUCH LOCALLY SPONSORED COMMUNITY COLLEGE.
  S 8. Section 6304 of the education law is  amended  by  adding  a  new
subdivision 14 to read as follows:
  14.  A.  FOR  THE  PURPOSES  OF THIS SUBDIVISION, A "COMMUNITY COLLEGE
DORMITORY" SHALL MEAN  A  HOUSING  UNIT,  INCLUDING  ALL  NECESSARY  AND
ATTENDANT  AND  RELATED  FACILITIES  AND  EQUIPMENT  ACQUIRED, DESIGNED,
CONSTRUCTED, RECONSTRUCTED, REHABILITATED  AND  IMPROVED,  OR  OTHERWISE
PROVIDED   THROUGH  THE  DORMITORY  AUTHORITY  IN  ACCORDANCE  WITH  THE
PROVISIONS OF THE DORMITORY AUTHORITY  ACT  FOR  THE  USE  OF  STUDENTS,
MARRIED STUDENTS, FACULTY, STAFF AND THE FAMILIES THEREOF AT A COMMUNITY
COLLEGE.
  B.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A COMMUNITY
COLLEGE IS AUTHORIZED TO TAKE SUCH ACTIONS AND TO ENTER INTO SUCH AGREE-
MENTS WITH THE DORMITORY AUTHORITY AS ARE NECESSARY  TO:  (I)  UNDERTAKE
THE  FINANCING,  REFINANCING,  ACQUISITION, DESIGN, CONSTRUCTION, RECON-
STRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING AND  EQUIPPING  OF  A
COMMUNITY  COLLEGE  DORMITORY,  INCLUDING, BUT NOT LIMITED TO, PROVIDING
FOR THE LEASING OR OTHERWISE MAKING AVAILABLE TO THE DORMITORY AUTHORITY
REAL PROPERTY HELD BY THE LOCAL  SPONSOR  IN  TRUST  FOR  THE  USES  AND
PURPOSES OF THE COMMUNITY COLLEGE; OR (II) GRANT THE DORMITORY AUTHORITY
A  LIEN  ON ANY REVENUES OR PROPERTY OR ANY MONEYS TO BE RECEIVED BY THE
COMMUNITY COLLEGE DERIVED FROM  THE  OPERATIONS  OF  THE  PROJECT  BEING
FINANCED  TO  THE  EXTENT  THAT  SUCH  REVENUES,  PROPERTY OR MONEYS ARE
PLEDGED BY THE COMMUNITY COLLEGE TO THE DORMITORY  AUTHORITY  TO  SECURE
THE  PAYMENT  OF  ALL  AMOUNTS  OWED  TO THE AUTHORITY ON ACCOUNT OF ANY
COMMUNITY COLLEGE DORMITORY UNDERTAKEN  PURSUANT  TO  THIS  SUBDIVISION;
PROVIDED,  FURTHER,  THAT ANY SUCH AGREEMENTS MAY PROVIDE THAT THE OBLI-
GATION OF THE COMMUNITY COLLEGE TO MAKE RENTAL OR OTHER PAYMENTS TO  THE
DORMITORY  AUTHORITY SHALL CONSTITUTE A GENERAL OBLIGATION OF THE COMMU-
NITY COLLEGE PAYABLE FROM ALL MONIES LEGALLY AVAILABLE TO THE  COMMUNITY
COLLEGE (INCLUDING AMOUNTS PROVIDED FOR OPERATING AID BY THE LOCAL SPON-
SOR  OR SPONSORS TO THE COMMUNITY COLLEGE PURSUANT TO SUBDIVISION ONE OF
THIS SECTION OR AMOUNTS PROVIDED FOR OPERATING AID BY THE STATE  TO  THE
COMMUNITY  COLLEGE);  AND PROVIDED FURTHER, THAT ALL WORK PERFORMED ON A
COMMUNITY COLLEGE DORMITORY  UNDERTAKEN  PURSUANT  TO  THIS  SUBDIVISION
WHERE  ALL  OR  ANY  PORTION  THEREOF  INVOLVES A LEASE OR AGREEMENT FOR
CONSTRUCTION, DEMOLITION,  RECONSTRUCTION,  EXCAVATION,  REHABILITATION,
REPAIR,  RENOVATION,  ALTERATION  OR  IMPROVEMENT SHALL BE DEEMED PUBLIC
WORK AND SHALL BE SUBJECT  TO  AND  PERFORMED  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  ARTICLE EIGHT OF THE LABOR LAW TO THE SAME EXTENT AND IN
THE SAME MANNER AS A CONTRACT OF THE STATE AND THE CONTRACTORS  PERFORM-
ING  SUCH  WORK  SHALL  ALSO BE DEEMED A STATE AGENCY FOR THE PURPOSE OF
ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW AND SUBJECT TO THE PROVISIONS  OF
SUCH  ARTICLE, AND SHALL BE SUBJECT TO A COMPETITIVE PROCESS. COMPLIANCE
WITH ALL THE PROVISIONS OF ARTICLE EIGHT  OF  THE  LABOR  LAW  SHALL  BE
REQUIRED  OF  ANY LESSEE, SUBLESSEE, CONTRACTOR, OR SUBCONTRACTOR ON THE

S. 2808                            84                            A. 4008

PROJECT.   ALL STATE  AND  LOCAL  OFFICERS  ARE  HEREBY  AUTHORIZED  AND
REQUIRED  TO PAY ALL SUCH FUNDS SO ASSIGNED AND PLEDGED TO THE DORMITORY
AUTHORITY OR, UPON THE DIRECTION OF  THE  DORMITORY  AUTHORITY,  TO  ANY
TRUSTEE OF ANY DORMITORY AUTHORITY BOND OR NOTE ISSUE. NEITHER THE STATE
OF  NEW YORK, THE STATE UNIVERSITY OF NEW YORK NOR A LOCAL SPONSOR SHALL
TAKE ANY ACTION IN SUCH MANNER AS TO IMPAIR OR DIMINISH THE  RIGHTS  AND
REMEDIES  OF  THE  DORMITORY  AUTHORITY  PURSUANT TO ANY SUCH PLEDGE AND
ASSIGNMENT AND ANY LIEN OR OTHER SECURITY INTEREST CREATED  PURSUANT  TO
THIS SUBDIVISION.
  C.  A LOCAL SPONSOR IS AUTHORIZED TO LEASE OR OTHERWISE MAKE AVAILABLE
TO THE DORMITORY AUTHORITY FOR THE PURPOSES SET FORTH IN  THIS  SUBDIVI-
SION  REAL  PROPERTY HELD IN TRUST BY THE LOCAL SPONSOR FOR THE USES AND
PURPOSES OF THE COMMUNITY COLLEGE.
  D. NOTWITHSTANDING ANY PROVISION OF LAW TO  THE  CONTRARY,  NEITHER  A
LOCAL  SPONSOR  NOR THE STATE OF NEW YORK SHALL BE REQUIRED TO PROVIDE A
SHARE OF THE CAPITAL COSTS  OF  A  COMMUNITY  COLLEGE  DORMITORY.    THE
PROVISIONS  OF THIS SUBDIVISION SHALL NOT APPLY TO ANY PROJECT FOR WHICH
THE STATE APPROPRIATES FUNDS  PURSUANT  TO  SUBDIVISION  EIGHT  OF  THIS
SECTION.
  S 9. Section 1680 of the public authorities law is amended by adding a
new subdivision 41 to read as follows:
  41.  A.  FOR  THE  PURPOSES  OF THIS SUBDIVISION, A "COMMUNITY COLLEGE
DORMITORY" SHALL MEAN  A  HOUSING  UNIT,  INCLUDING  ALL  NECESSARY  AND
ATTENDANT  AND  RELATED  FACILITIES  AND  EQUIPMENT  ACQUIRED, DESIGNED,
CONSTRUCTED, RECONSTRUCTED, REHABILITATED  AND  IMPROVED,  OR  OTHERWISE
PROVIDED   THROUGH  THE  DORMITORY  AUTHORITY  IN  ACCORDANCE  WITH  THE
PROVISIONS OF THE DORMITORY AUTHORITY  ACT  FOR  THE  USE  OF  STUDENTS,
MARRIED  STUDENTS,  FACULTY, STAFF AND THE FAMILIES THEREOF AT A LOCALLY
SPONSORED COMMUNITY COLLEGE.
  B. THE DORMITORY AUTHORITY IS HEREBY EMPOWERED AND AUTHORIZED TO ENTER
INTO A LEASE OR OTHER  AGREEMENT  WITH  A  LOCALLY  SPONSORED  COMMUNITY
COLLEGE  TO FINANCE, REFINANCE, ACQUIRE, DESIGN, CONSTRUCT, RECONSTRUCT,
REHABILITATE, IMPROVE, FURNISH AND EQUIP ONE OR MORE  COMMUNITY  COLLEGE
DORMITORIES.   SUCH LEASE OR OTHER AGREEMENT MAY PROVIDE FOR THE PAYMENT
OF ANNUAL RENTALS AND OTHER PAYMENTS BY THE LOCALLY SPONSORED  COMMUNITY
COLLEGE  TO  THE  DORMITORY  AUTHORITY  AND CONTAIN SUCH OTHER TERMS AND
CONDITIONS AS MAY BE AGREED UPON BY THE PARTIES THERETO,  INCLUDING  BUT
NOT  LIMITED  TO PROVISIONS RELATING TO THE MAINTENANCE AND OPERATION OF
THE COMMUNITY COLLEGE DORMITORIES, THE ESTABLISHMENT OF  RESERVE  FUNDS,
INDEMNITIES  AND THE DISPOSITION OF A COMMUNITY COLLEGE DORMITORY OR THE
INTEREST OF THE AUTHORITY THEREIN PRIOR TO OR UPON  THE  TERMINATION  OR
EXPIRATION OF SUCH LEASE OR OTHER AGREEMENT.
  C.  IN THE EVENT OF A FAILURE OF A LOCALLY SPONSORED COMMUNITY COLLEGE
TO PAY THE DORMITORY AUTHORITY WHEN DUE ALL OR PART OF  AMOUNTS  PAYABLE
BY  THE  LOCALLY  SPONSORED COMMUNITY COLLEGE TO THE DORMITORY AUTHORITY
PURSUANT TO A LEASE OR AGREEMENT AUTHORIZED  BY  THIS  SUBDIVISION,  THE
DORMITORY  AUTHORITY SHALL FORTHWITH MAKE AND DELIVER TO THE STATE COMP-
TROLLER A CERTIFICATE STATING THE AMOUNT OF THE PAYMENT REQUIRED TO HAVE
BEEN MADE BY THE LOCALLY SPONSORED COMMUNITY COLLEGE, THE AMOUNT PAID BY
THE LOCALLY SPONSORED COMMUNITY COLLEGE, AND THE AMOUNT REMAINING UNPAID
BY THE LOCALLY SPONSORED COMMUNITY COLLEGE. THE STATE COMPTROLLER, AFTER
GIVING WRITTEN NOTICE TO THE DIRECTOR OF THE BUDGET, SHALL  PAY  TO  THE
DORMITORY  AUTHORITY THE AMOUNT SET FORTH IN SUCH CERTIFICATE AS REMAIN-
ING UNPAID, WHICH AMOUNT SHALL BE PAID FROM ANY MONIES  APPROPRIATED  BY
THE  STATE FOR OR ON ACCOUNT OF THE OPERATING COSTS OF THE LOCALLY SPON-
SORED COMMUNITY COLLEGE AND NOT YET PAID. THE AMOUNT REQUIRED TO BE PAID

S. 2808                            85                            A. 4008

BY THE STATE COMPTROLLER PURSUANT TO THIS PARAGRAPH SHALL BE PAID TO THE
DORMITORY AUTHORITY AS SOON AS PRACTICABLE AFTER RECEIPT OF THE  CERTIF-
ICATE OF THE DORMITORY AUTHORITY AND NOTICE TO THE DIRECTOR OF THE BUDG-
ET  IS GIVEN, WHETHER OR NOT THE MONEYS FROM WHICH SUCH PAYMENT IS TO BE
MADE ARE THEN  DUE  AND  PAYABLE  TO  THE  LOCALLY  SPONSORED  COMMUNITY
COLLEGE. THE AMOUNT OF STATE APPROPRIATIONS PAYABLE TO THE LOCALLY SPON-
SORED  COMMUNITY  COLLEGE  FROM  WHICH  THE STATE COMPTROLLER HAS MADE A
PAYMENT PURSUANT TO THIS PARAGRAPH SHALL BE REDUCED  BY  THE  AMOUNT  SO
PAID TO THE DORMITORY AUTHORITY, NOTWITHSTANDING THE AMOUNT APPROPRIATED
AND APPORTIONED BY THE STATE TO THE LOCALLY SPONSORED COMMUNITY COLLEGE,
AND  THE  STATE SHALL NOT BE OBLIGATED TO MAKE AND THE LOCALLY SPONSORED
COMMUNITY COLLEGE SHALL NOT BE ENTITLED TO RECEIVE ANY ADDITIONAL APPOR-
TIONMENT OR PAYMENT OF STATE MONEYS. NOTHING CONTAINED IN THIS  SUBDIVI-
SION SHALL BE CONSTRUED TO CREATE AN OBLIGATION UPON THE STATE TO APPRO-
PRIATE  MONEYS  FOR  OR ON ACCOUNT OF THE OPERATING COSTS OF THE LOCALLY
SPONSORED COMMUNITY COLLEGE, TO PRECLUDE THE  STATE  FROM  REDUCING  THE
AMOUNT OF MONEYS APPROPRIATED OR LEVEL OF SUPPORT PROVIDED FOR THE OPER-
ATING  COSTS  OF THE LOCALLY SPONSORED COMMUNITY COLLEGE FROM THE AMOUNT
APPROPRIATED OR LEVEL OF SUPPORT PROVIDED IN ANY PRIOR FISCAL  YEAR,  OR
TO  PRECLUDE THE STATE FROM ALTERING OR MODIFYING THE MANNER IN WHICH IT
PROVIDES FOR THE OPERATING COSTS  OF  THE  LOCALLY  SPONSORED  COMMUNITY
COLLEGE.
  D.  THE  PROVISIONS  OF  THIS  SUBDIVISION SHALL BE IN ADDITION TO ANY
AUTHORIZATION CONTAINED IN THIS TITLE GOVERNING THE PROVISION OF FACILI-
TIES BY THE DORMITORY AUTHORITY FOR THE LOCAL SPONSOR OF A LOCALLY SPON-
SORED COMMUNITY COLLEGE, AND ALL PROVISIONS OF THIS TITLE NOT INCONSIST-
ENT WITH THE PROVISIONS OF THIS SUBDIVISION  SHALL  BE  APPLICABLE  WITH
RESPECT  TO  ANY  BONDS  OF THE AUTHORITY ISSUED TO OBTAIN FUNDS FOR ANY
PURPOSE AUTHORIZED UNDER THIS SUBDIVISION FOR THE BENEFIT OF  A  LOCALLY
SPONSORED COMMUNITY COLLEGE AND WITH RESPECT TO THE POWERS OF THE DORMI-
TORY AUTHORITY.
  S  10.  Subdivision  12  of  section 3 of the public buildings law, as
amended by section 48 of part T of chapter 57 of the laws  of  2007,  is
amended to read as follows:
  12. Lease from time to time buildings, rooms or premises in the county
of  Albany,  and  elsewhere as required, for providing space for depart-
ments, commissions, boards and officers of the  state  government,  upon
such  terms  and  conditions as he or she deems most advantageous to the
state. Any such lease shall, however, be for a term  not  exceeding  ten
years,  but  may provide for optional renewals on the part of the state,
for terms of ten years or less. Each such lease shall contain  a  clause
stating that the contract of the state thereunder shall be deemed execu-
tory only to the extent of moneys available therefor and that no liabil-
ity  shall  be incurred by the state beyond the money available for such
purpose. Notwithstanding the provisions of any other law, except section
sixteen hundred seventy-six of the public authorities  law  relating  to
use  of  dormitory authority facilities by the aged, the commissioner of
general services shall have sole and exclusive authority to lease  space
for state departments, agencies, commissions, boards and officers, OTHER
THAN  THE STATE UNIVERSITY OF NEW YORK, within the county of Albany. Any
buildings, rooms or premises, now or hereafter held by the  commissioner
of  general  services  under  lease, may be sublet, in part or in whole,
provided that in the judgment of the  commissioner,  and  the  occupying
department,  commission,  board,  and  officers of the state government,
such buildings, rooms or premises are not for a time needed.

S. 2808                            86                            A. 4008

  S 11. This act shall take effect immediately; provided, however,  that
sections  one  through  nine  of  this  act  shall  expire and be deemed
repealed June 30, 2016, and provided, further, that  the  amendments  to
subdivision  12 of section 3 of the public buildings law made by section
ten  of  this act shall take effect on the same date as the reversion of
such subdivision as provided in subdivision 4 of section 27  of  chapter
95 of the laws of 2000, as amended.

                                SUBPART B

  Section  1.  Subdivisions 5 and 6 of section 355 of the education law,
subdivision 5 as added by chapter 552 of the laws of 1985,  paragraph  a
of  subdivision  5  as amended by chapter 682 of the laws of 2007, para-
graph c of subdivision 5 as added by chapter 103 of the  laws  of  1989,
paragraph d of subdivision 5 as added by chapter 537 of the laws of 1997
and  subdivision  6  as  amended by chapter 554 of the laws of 1985, are
amended to read as follows:
  5. Notwithstanding the provisions of [paragraph] SUBDIVISIONS two  AND
THREE  of  section  one hundred twelve and sections one hundred fifteen,
one hundred sixty-one, AND one  hundred  sixty-three  [and  one  hundred
seventy-four] of the state finance law and sections three and six of the
New York state printing and public documents law or any other law to the
contrary, the state university trustees are authorized and empowered to:
  a.  (i) purchase materials, equipment and supplies, including computer
equipment and motor vehicles[, where the amount for  a  single  purchase
does  not  exceed  twenty  thousand dollars], (ii) execute contracts for
services and construction, CONSTRUCTION-RELATED contracts [to an  amount
not  exceeding twenty thousand dollars] AND CONTRACTS FOR COMPUTER TECH-
NOLOGY AND LEASES, LICENSES, PERMITS AND CONTRACTS FOR THE  PURCHASE  OR
SALE OF REAL PROPERTY, and (iii) contract for printing [to an amount not
exceeding  five  thousand  dollars], without prior approval by any other
state officer or agency, but subject to rules  and  regulations  of  the
state comptroller not otherwise inconsistent with the provisions of this
section  and  in  accordance with [the rules and regulations] GUIDELINES
promulgated by the state university board of trustees after consultation
with the state comptroller. [In addition, the trustees, after  consulta-
tion  with the commissioner of general services, are authorized to annu-
ally negotiate with the state comptroller  increases  in  the  aforemen-
tioned  dollar  limits  and the exemption of any articles, categories of
articles or commodities from these limits.  Rules and regulations].  THE
GUIDELINES  promulgated by the state university board of trustees shall,
to the extent practicable, require that competitive proposals be  solic-
ited  for  purchases,  and shall include requirements that purchases and
contracts authorized under this  section  be  at  the  lowest  available
price,  including  consideration of prices available through other state
agencies, consistent with quality requirements, and as will best promote
the public interest. Such  purchases  may  be  made  directly  from  any
contractor pursuant to any contract for commodities let by the office of
general services or any other state agency;
  b.  to  establish  cash advance accounts for the purpose of purchasing
materials, supplies, or services, for cash advances for travel  expenses
and per diem allowances, or for advance payment of wages and salary. The
account  may  be  used to purchase such materials, supplies, or services
where the amount of a single  purchase  does  not  exceed  [two  hundred
fifty] ONE THOUSAND dollars, in accordance with such guidelines as shall

S. 2808                            87                            A. 4008

be  prescribed  by the state university trustees after consultation with
the state comptroller.
  c.  establish  guidelines  in  consultation  with  the commissioner of
general services authorizing participation by the  state  university  in
programs administered by the office of general services for the purchase
of  available  New York state food products. The commissioner of general
services shall provide assistance to the state university  necessary  to
enable the university to participate in these programs.
  [d.  (1)  Award  contract extensions for campus transportation without
competitive bidding where such contracts  were  secured  either  through
competitive  bidding or through evaluation of proposals in response to a
request for proposals pursuant to subparagraph (2)  of  this  paragraph,
however  such extensions may be rejected if the amount to be paid to the
contractor in any year of such proposed extension fails to  reflect  any
decrease  in  the  regional  consumer  price index for the New York, New
York-Northeastern, New Jersey area, based upon the index for  all  urban
consumers  (CPI-U) during the preceding twelve-month period. At the time
of any contract extension, consideration shall be given to  any  compet-
itive  proposal offered by a public transportation agency. Such contract
may be increased for each year of the contract extension  by  an  amount
not  to  exceed  the  regional consumer price index increase for the New
York, New York-Northeastern, New Jersey area, based upon the  index  for
all  urban  consumers (CPI-U), during the preceding twelve-month period,
provided it has been satisfactorily established by the  contractor  that
there has been at least an equivalent increase in the amount of his cost
of operation, during the period of the contract.]
  6.  To enter into any contract or agreement deemed necessary or advis-
able after consultation with appropriate state agencies for carrying out
the objects and purposes of state university  without  prior  review  or
approval  by  any  state  officer  or agency [other than the state comp-
troller and the attorney general] including  contracts  with  non-profit
corporations  organized  by  officers,  employees, alumni or students of
state university for  the  furtherance  of  its  objects  and  purposes.
Contracts  or  agreements  entered  into  with the federal government to
enable participation in federal student loan programs, including any and
all instruments  required  thereunder,  shall  not  be  subject  to  the
requirements  of  section  forty-one of the state finance law; provided,
however, that the state shall not be  liable  for  any  portion  of  any
defaults which it has agreed to assume pursuant to any such agreement in
an  amount  in excess of money appropriated or otherwise lawfully avail-
able therefor at the time the liability for payment arises.
  S 2. Section 355 of the education law is amended  by  adding  two  new
subdivisions 5-a and 5-b to read as follows:
  5-A. A. THE CHANCELLOR OF THE STATE UNIVERSITY AND THE COMMISSIONER OF
THE  OFFICE  OF  GENERAL  SERVICES SHALL DEVELOP A PROTOCOL TO DETERMINE
WHETHER IT IS MORE ECONOMICAL AND EFFICIENT TO PURCHASE  GOODS  FOR  THE
STATE  UNIVERSITY SYSTEM THROUGH THE CENTRALIZED CONTRACTS OF THE OFFICE
OF GENERAL SERVICES THAN THROUGH A COMPETITIVE BIDDING PROCESS.
  B. THE PROTOCOL SHALL INCLUDE A PROCESS IN WHICH THE CHANCELLOR  SHALL
OBTAIN  INFORMATION  ANNUALLY  FROM  EACH STATE-OPERATED INSTITUTION AND
UNIVERSITY HEALTH SCIENCES CENTER UNDER THE JURISDICTION  OF  THE  STATE
UNIVERSITY,  IN  SUCH  DETAIL AS REQUIRED BY THE CHANCELLOR, RELATING TO
THE TYPE AND TOTAL AMOUNT OF GOODS, INCLUDING TECHNOLOGY  PURCHASES  FOR
NEW SOFTWARE, SYSTEMS, ENHANCEMENTS AND EQUIPMENT, THAT EACH STATE-OPER-
ATED  INSTITUTION  OR  UNIVERSITY  HEALTH  SCIENCES  CENTER  PROPOSES TO
PURCHASE IN THE UPCOMING FISCAL YEAR.

S. 2808                            88                            A. 4008

  C. UPON RECEIPT OF THE INFORMATION OBTAINED PURSUANT TO PARAGRAPH B OF
THIS SUBDIVISION, THE CHANCELLOR, PURSUANT TO THE PROTOCOL AND IF JUSTI-
FIED BY PRICE AND VALUE, MAY REQUIRE THE STATE-OPERATED  INSTITUTION  OR
UNIVERSITY  HEALTH SCIENCES CENTER TO MAKE ITS PURCHASES THROUGH THE USE
OF THE CENTRALIZED CONTRACTS OF THE OFFICE OF GENERAL SERVICES.
  5-B.  A.  THE  STATE  UNIVERSITY SHALL PROVIDE BY OCTOBER FIFTEENTH OF
EACH YEAR TO THE DIRECTOR OF THE DIVISION OF  BUDGET,  THE  STATE  COMP-
TROLLER,  THE  SPEAKER  OF  THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE CHAIRS  OF  THE  ASSEMBLY  AND  SENATE  HIGHER  EDUCATION
COMMITTEES  A  REPORT  WHICH  SETS FORTH WITH RESPECT TO ITS CONTRACTING
PROCESS THE FOLLOWING INFORMATION FOR THE PRIOR FISCAL YEAR:
  (1) THE STATE UNIVERSITY'S PROCUREMENT GUIDELINES;
  (2) SELECTION METHOD, INCLUDING "LOWEST  PRICE",  "BEST  VALUE",  SOLE
SOURCE,  SINGLE  SOURCE, NEGOTIATED AND EMERGENCY PROCUREMENT SUBTOTALED
BY STATE-OPERATED INSTITUTIONS AND UNIVERSITY  HEALTH  SCIENCES  CENTERS
AND BY TYPE OF GOODS OR COMMODITY;
  (3) NUMBER OF CONTRACTS AWARDED BY NUMBER OF BIDS AND/OR PROPOSALS AND
SOURCE SELECTION METHOD;
  (4)  A  LISTING  OF CONTRACTS BY INDIVIDUAL STATE-OPERATED INSTITUTION
AND UNIVERSITY HEALTH SCIENCES CENTER, INCLUDING VENDOR  NAME,  APPROVAL
DATES,  DOLLAR  VALUE  OF  SUCH CONTRACTS, INCLUDING THE TOTAL AMOUNT OF
GOODS PURCHASED THROUGH THE  CENTRALIZED  CONTRACTS  OF  THE  OFFICE  OF
GENERAL SERVICES;
  (5)  A LISTING OF THE TOTAL NUMBER AND AMOUNT OF CONTRACTS AWARDED FOR
THE PRIOR FISCAL  YEAR  AND  TOTAL  YEAR-TO-DATE  EXPENDITURES  FOR  ALL
CONTRACTS,  WITH  SUBTOTALS BY CENTRAL ADMINISTRATION, AND BY INDIVIDUAL
STATE-OPERATED INSTITUTION AND UNIVERSITY HEALTH  SCIENCES  CENTER;  AND
MAJOR  CONTRACT CATEGORY INCLUDING, BUT NOT LIMITED TO, GOODS, EQUIPMENT
AND COMMODITIES;
  (6) THE TOTAL NUMBER AND TOTAL DOLLAR VALUE OF SINGLE SOURCE CONTRACTS
AWARDED DURING THE FISCAL YEAR, AND THE PERCENTAGE THAT  SUCH  CONTRACTS
REPRESENT  OF THE STATE UNIVERSITY'S TOTAL NUMBER AND TOTAL DOLLAR VALUE
OF CONTRACT AWARDS DURING THE REPORTING PERIOD; AND
  (7) THE NUMBER OF CONTRACTS DISAPPROVED DURING  THE  FISCAL  YEAR  AND
REASONS FOR DISAPPROVAL.
  B.  THE REPORT SHALL ALSO SET FORTH ANY RECOMMENDATIONS TO IMPROVE THE
EFFICIENCY OF THE STATE UNIVERSITY'S PROCUREMENT PROCESS.
  S 3. Subdivision a of section 6218 of the education law, as amended by
chapter 697 of the laws of 1993, is amended to read as follows:
  a. Notwithstanding the provisions of [paragraph] SUBDIVISIONS two  AND
THREE  of  section  one hundred twelve and sections one hundred fifteen,
one hundred sixty-one[,] AND one hundred sixty-three  [and  one  hundred
seventy-four] of the state finance law and sections three and six of the
New York state printing and public documents law or any other law to the
contrary, the city university [trustees are] IS authorized and empowered
to:
  (i)  purchase  materials,  equipment  and supplies, including computer
equipment and motor vehicles, [where the amount for  a  single  purchase
does  not  exceed  twenty  thousand dollars,] (ii) execute contracts for
services [to an amount not exceeding twenty thousand dollars]; INCLUDING
CONSTRUCTION, CONSTRUCTION-RELATED  CONTRACTS,  CONTRACTS  FOR  COMPUTER
TECHNOLOGY  AND LEASES, LICENSES, PERMITS AND CONTRACTS FOR THE PURCHASE
OR SALE OF REAL PROPERTY, and (iii) contract for printing [to an  amount
not  exceeding  five  thousand  dollars],  without prior approval by any
other state officer or agency, but subject to rules and  regulations  of
the  state comptroller not otherwise inconsistent with the provisions of

S. 2808                            89                            A. 4008

this section and in accordance with the [rules and  regulations]  GUIDE-
LINES promulgated by the city university board of trustees after consul-
tation  with  the  state  comptroller.  [In  addition,  the trustees are
authorized to annually negotiate with the state comptroller increases in
the  aforementioned  dollar  limits  and  the exemption of any articles,
categories of articles or commodities from these limits. Rules and regu-
lations] THE GUIDELINES promulgated by  the  city  university  board  of
trustees  shall,  to  the  extent  practicable, require that competitive
proposals be solicited for purchases,  and  shall  include  requirements
that  purchases  and  contracts  authorized under this section be at the
lowest possible price.
  S 4. Section 6218 of the education law is  amended  by  adding  a  new
subdivision i to read as follows:
  I.  (I) THE CITY UNIVERSITY SHALL PROVIDE BY OCTOBER FIFTEENTH OF EACH
YEAR TO THE DIRECTOR OF THE DIVISION OF  THE  BUDGET,  THE  STATE  COMP-
TROLLER,  THE  SPEAKER  OF  THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE CHAIRS  OF  THE  ASSEMBLY  AND  SENATE  HIGHER  EDUCATION
COMMITTEES  A  REPORT  WHICH  SETS FORTH WITH RESPECT TO ITS CONTRACTING
PROCESS THE FOLLOWING INFORMATION FOR THE PRIOR FISCAL YEAR:
  1. THE CITY UNIVERSITY'S PROCUREMENT GUIDELINES;
  2. SELECTION METHOD, INCLUDING  "LOWEST  PRICE",  "BEST  VALUE",  SOLE
SOURCE,  SINGLE  SOURCE, NEGOTIATED AND EMERGENCY PROCUREMENT SUBTOTALED
BY INDIVIDUAL SENIOR COLLEGES AND BY TYPE OF GOODS OR COMMODITY;
  3. NUMBER OF CONTRACTS AWARDED BY NUMBER OF BIDS AND/OR PROPOSALS  AND
SOURCE SELECTION METHOD;
  4. A LISTING OF THE CONTRACTS BY INDIVIDUAL SENIOR COLLEGES, INCLUDING
VENDOR NAME, APPROVAL DATES, DOLLAR VALUE OF SUCH CONTRACTS;
  5.  A  LISTING OF THE TOTAL NUMBER AND AMOUNT OF CONTRACTS AWARDED FOR
THE PRIOR FISCAL  YEAR  AND  TOTAL  YEAR-TO-DATE  EXPENDITURES  FOR  ALL
CONTRACTS,  WITH  SUBTOTALS BY CENTRAL ADMINISTRATION, AND BY INDIVIDUAL
SENIOR COLLEGES; AND MAJOR CONTRACT CATEGORY INCLUDING, BUT NOT  LIMITED
TO, GOODS, EQUIPMENT AND COMMODITIES;
  6.  THE TOTAL NUMBER AND TOTAL DOLLAR VALUE OF SINGLE SOURCE CONTRACTS
AWARDED DURING THE FISCAL YEAR, AND THE PERCENTAGE THAT  SUCH  CONTRACTS
REPRESENT  OF  THE CITY UNIVERSITY'S TOTAL NUMBER AND TOTAL DOLLAR VALUE
OF CONTRACT AWARDS DURING THE REPORTING PERIOD; AND
  7. THE NUMBER OF CONTRACTS DISAPPROVED  DURING  THE  FISCAL  YEAR  AND
REASONS FOR DISAPPROVAL.
  (II)  THE  REPORT  SHALL  SET FORTH ANY RECOMMENDATIONS TO IMPROVE THE
EFFICIENCY OF THE CITY UNIVERSITY'S PROCUREMENT PROCESS.
  S 5. The education law is amended by adding a new section 6283 to read
as follows:
  S 6283.    PROCUREMENTS  OF  THE  FUND.    NOTWITHSTANDING  ANY  OTHER
PROVISION OF LAW, THE CONTRACTS OF THE FUND MAY BE EXECUTED AND SHALL BE
VALID, ENFORCEABLE AND EFFECTIVE WITHOUT PRIOR REVIEW OR APPROVAL BY, OR
FILING  WITH,  THE  STATE  COMPTROLLER,  PROVIDED,  HOWEVER,  THAT  SUCH
CONTRACTS SHALL BE SUBJECT TO PROCUREMENT GUIDELINES THAT  ARE  ANNUALLY
ADOPTED  BY  THE FUND TRUSTEES, WHICH SHALL CONFORM TO THE PROVISIONS OF
TITLE FOUR OF ARTICLE NINE OF THE PUBLIC AUTHORITIES LAW, EXCEPT SECTION
TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF SUCH LAW.
  S 6. Subdivisions 2 and 3 of section 112 of the state finance law,  as
amended by chapter 319 of the laws of 1992, paragraph (a) of subdivision
2  as  amended by section 2 of part D of chapter 56 of the laws of 2006,
are amended to read as follows:
  2. (a) Before any contract made for or by any  state  agency,  depart-
ment,  board,  officer, commission, or institution, except the office of

S. 2808                            90                            A. 4008

general services, THE CITY UNIVERSITY OF NEW YORK AND THE STATE  UNIVER-
SITY  OF  NEW YORK, shall be executed or become effective, whenever such
contract exceeds  fifty  thousand  dollars  in  amount  and  before  any
contract made for or by the office of general services shall be executed
or become effective, whenever such contract exceeds eighty-five thousand
dollars  in  amount,  it  shall first be approved by the comptroller and
filed in his or her office,  provided,  however,  that  the  comptroller
shall  make  a  final  written determination with respect to approval of
such contract within ninety days of the submission of such  contract  to
his  or  her office unless the comptroller shall notify, in writing, the
state agency, department, board, officer,  commission,  or  institution,
prior to the expiration of the ninety day period, and for good cause, of
the need for an extension of not more than fifteen days, or a reasonable
period  of time agreed to by such state agency, department, board, offi-
cer, commission, or institution and provided, further, that such written
determination or extension shall be made part of the procurement  record
pursuant  to  paragraph  f  of  subdivision  one  of section one hundred
sixty-three of this chapter.
  (b) Whenever any liability of any nature shall be incurred by  or  for
any  state  department, board, officer, commission, or institution OTHER
THAN THE CITY UNIVERSITY OF NEW YORK AND THE  STATE  UNIVERSITY  OF  NEW
YORK,  notice that such liability has been incurred shall be immediately
given in writing to the state comptroller.
  3. A contract or other instrument wherein the  state  or  any  of  its
officers, agencies, boards or commissions OTHER THAN THE CITY UNIVERSITY
OF  NEW  YORK  AND  THE  STATE  UNIVERSITY  OF NEW YORK agrees to give a
consideration other than the payment of money, when the value or reason-
ably estimated value of such consideration exceeds ten thousand dollars,
shall not become a valid enforceable contract unless  such  contract  or
other instrument shall first be approved by the comptroller and filed in
his office.
  S 7. Paragraph i of subdivision 2 of section 355 of the education law,
as  amended  by  chapter  552 of the laws of 1985, is amended to read as
follows:
  i. To lease to  alumni  associations  of  institutions  of  the  state
university  a  portion of the grounds occupied by any institution of the
state university, for the erection thereon of dormitories to be used  by
students  in attendance at such institutions. The terms of any lease and
the character of the building to be erected shall be determined  by  the
state university trustees. [Such lease, prior to its execution, shall be
submitted  to  the  attorney  general  for  his approval as to its form,
contents and legal effect.] Nothing contained in  this  paragraph  shall
affect  the  provisions  of  any lease heretofore executed by a board of
visitors of any state-operated institution pursuant to  law.  The  state
university trustees may similarly enter into an agreement with an alumni
association  of  an  institution of the state university to furnish heat
from a central heating plant to any dormitory  erected  by  such  alumni
association. Any such dormitory shall not be subject to taxation for any
purpose.
  S  8. Subdivision (b) of section 6281 of the education law, as amended
by chapter 1081 of the laws of 1969, is amended to read as follows:
  (b) Notwithstanding any other provision of this article or  any  other
law, any contract let by the dormitory authority and/or the city univer-
sity  construction  fund  for  the  purposes of this article shall be in
conformity with the provisions of section one hundred one of the general
municipal law, AND MAY BE AWARDED USING ANY DELIVERY  METHOD  AUTHORIZED

S. 2808                            91                            A. 4008

BY   THE   PROCUREMENT   GUIDELINES   ADOPTED  BY  THE  CITY  UNIVERSITY
CONSTRUCTION FUND OR THE DORMITORY AUTHORITY PURSUANT TO  SECTION  TWEN-
TY-EIGHT HUNDRED SEVENTY-NINE OF THE PUBLIC AUTHORITIES LAW.
  S  9.  This  act shall take effect immediately and shall expire and be
deemed repealed June 30, 2016.

                                SUBPART C

  Section 1.  Subdivision 16 of section 355 of  the  education  law,  as
added by chapter 363 of the laws of 1998, is amended to read as follows:
  16. Subject to laws and regulations applicable to the state university
as a health care provider the state university trustees may:
  a.  Notwithstanding  section  one  hundred  sixty-three  of  the state
finance law AND SECTION SIXTY-THREE  OF  THE  EXECUTIVE  LAW,  authorize
[contracts  for]  a  state  university health care facility [for partic-
ipation] TO CREATE AND/OR PARTICIPATE in managed care networks and other
joint   and   cooperative   arrangements   with   public,   [non-profit]
NOT-FOR-PROFIT  or FOR PROFIT business entities, INCLUDING JOINT VENTUR-
ERS, NOT-FOR-PROFIT OR  FOR  PROFIT  CORPORATIONS,  PROFESSIONAL  CORPO-
RATIONS,  AND  LIMITED  LIABILITY  COMPANIES,  including entering into a
maximum of twenty network arrangements  per  year,  as  partners,  JOINT
VENTURERS,  members of [non-profit] NOT-FOR-PROFIT corporations, MEMBERS
OF LIMITED LIABILITY  COMPANIES  and  shareholders  of  business  corpo-
rations,  and the provision of management and administrative services by
or for state university. Any contract for the  provision  of  management
services  shall be subject to any provision of the public health law and
health regulations applicable to the state university as a  health  care
provider, including any review by the commissioner of health pursuant to
10 NYCRR section 405.3(f). In addition, the commissioner of health shall
provide  for  public  comment  within thirty days of a submission of any
management contract required to be reviewed pursuant to regulation.  The
trustees may also authorize contracts, including [capitation] RISK-SHAR-
ING  contracts,  for  a  state  university  health care facility for the
provision of general comprehensive and specialty health  care  services,
directly  or  through contract with other service providers or entities,
including state university  employees  or  entities  comprised  thereof.
Contracts authorized hereunder shall be:
  (1) consistent with trustee guidelines respecting all terms and condi-
tions  necessary  and  appropriate  for  managed care NETWORKS and other
[network,]  joint  or  cooperative  arrangements,  including  GUIDELINES
GOVERNING  THE  AWARDING  OF  SUCH CONTRACTS, guidelines for comparative
review where appropriate, AND CONFLICT-OF-INTEREST GUIDELINES;
  (2) subject to laws and regulations applicable to the state university
as a health care provider, including with respect to rates  and  certif-
icates of need; and
  (3)  subject  to  article  fourteen  of  the civil service law and the
applicable provisions of  agreements  between  the  state  and  employee
organizations pursuant to article fourteen of the civil service law.
  b.  (1)  Notwithstanding the provisions of [subdivision two of section
one hundred twelve of the state  finance  law  relating  to  the  dollar
threshold  requiring the comptroller's approval of contracts and] SUBDI-
VISION TWO OF SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW RELAT-
ING TO THE COMPTROLLER'S APPROVAL OF CONTRACTS FOR SERVICES AND subdivi-
sion six of section one hundred sixty-three of the state finance law AND
SECTION SIXTY-THREE OF THE EXECUTIVE LAW, authorize  contracts  for  the

S. 2808                            92                            A. 4008

purchase  of goods and services for state university health care facili-
ties WITHOUT PRIOR APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY:
  [(1)]  (A)  for any contract [which does not exceed seventy-five thou-
sand dollars] FOR GOODS OR SERVICES OR FOR ANY REVENUE CONTRACT; or
  [(2)] (B) for joint or group purchasing  arrangements  [which  do  not
exceed seventy-five thousand dollars without prior approval by any other
state, officer or agency] in accordance with procedures and requirements
found in paragraph a of subdivision five of this section.
  [(3) contracts] (2) CONTRACTS authorized hereunder shall be subject to
article  fourteen of the civil service law and the applicable provisions
of agreements between the state and employee organizations  pursuant  to
article  fourteen  of the civil service law AND SHALL BE CONSISTENT WITH
TRUSTEE GUIDELINES GOVERNING THE AWARDING OF SUCH CONTRACTS, COMPARATIVE
REVIEW WHERE APPROPRIATE, AND CONFLICT-OF-INTEREST GUIDELINES.
  [The trustees are authorized to  negotiate  annually  with  the  state
comptroller increases in the aforementioned dollar limits.]
  c.  Authorize contracts for the acquisition BY STATE UNIVERSITY HEALTH
CARE FACILITIES OR FACILITIES SUITABLE FOR THE DELIVERY OF  HEALTH  CARE
SERVICES,  by  purchase,  lease,  sublease,  transfer of jurisdiction or
otherwise[, of facilities suitable  for  the  delivery  of  health  care
services]  and  for  the  construction,  repair, maintenance, equipping,
rehabilitation or improvement thereof.  SUCH FACILITIES MAY BE  ACQUIRED
IN  WHOLE  OR IN PART BY STATE UNIVERSITY HEALTH CARE FACILITIES, EITHER
DIRECTLY OR THROUGH OWNERSHIP IN  A  JOINT  OR  COOPERATIVE  ARRANGEMENT
AUTHORIZED  BY  PARAGRAPH A OF THIS SUBDIVISION. Such contracts shall be
[subject to approval by the attorney general  as  to  form  and  by  the
director  of the budget and the state comptroller] CONSISTENT WITH TRUS-
TEE GUIDELINES GOVERNING  THE  AWARDING  OF  SUCH  CONTRACTS,  INCLUDING
GUIDELINES  REQUIRING  COMPARATIVE REVIEW WHERE APPROPRIATE AND CONFLICT
OF INTEREST GUIDELINES.  Contracts under this paragraph shall be  funded
from any moneys lawfully available for the expenses of the STATE UNIVER-
SITY health care facilities.
  D.  THE  STATE UNIVERSITY SHALL PROVIDE BY JULY FIFTEENTH OF EACH YEAR
TO THE DIRECTOR OF THE BUDGET AND TO THE CHAIRS OF  THE  SENATE  FINANCE
COMMITTEE  AND THE ASSEMBLY WAYS AND MEANS COMMITTEE A REPORT WHICH SETS
FORTH WITH RESPECT TO CONTRACTS ENTERED INTO DURING THE  PRIOR  YEAR  BY
STATE  UNIVERSITY  HEALTH  CARE  FACILITIES (1) THE AMOUNT, PURPOSE, AND
DURATION OF CONTRACTS AND ARRANGEMENTS ENTERED INTO  PURSUANT  TO  PARA-
GRAPHS  A AND C OF THIS SUBDIVISION, (2) A LISTING OF CONTRACTS OVER THE
AMOUNT OF TWO HUNDRED FIFTY THOUSAND DOLLARS ENTERED  INTO  PURSUANT  TO
CLAUSE  (A)  OF SUBPARAGRAPH ONE OF PARAGRAPH B OF THIS SUBDIVISION, AND
(3) THE AMOUNT, PURPOSE AND DURATION OF CONTRACTS OVER THE AMOUNT OF TWO
HUNDRED FIFTY THOUSAND DOLLARS ENTERED INTO PURSUANT TO  CLAUSE  (B)  OF
SUBPARAGRAPH ONE OF PARAGRAPH B OF THIS SUBDIVISION.
  S  2.  Notwithstanding  any inconsistent provision in section 8 of the
court of claims act, subdivision 10 of section 355 of the education  law
or  any  other provision of law, a state university health care facility
may include in a contract authorized by paragraph a of subdivision 16 of
section 355 of the education law,  other  than  a  contract  with  state
employees  relating  to  terms  and  conditions  of  their employment, a
provision that some or all disputes arising under  or  related  to  such
contract shall be resolved by binding arbitration in accordance with the
rules of a nationally-recognized arbitration association.
  S  3.  This act shall take effect immediately, and shall expire and be
deemed repealed June 30, 2016.

S. 2808                            93                            A. 4008

                                SUBPART D

  Section  1.  The board of trustees of the state university of New York
and the city university of New York shall report every January first  to
the  governor,  the temporary president of the senate and the speaker of
the assembly on the effectiveness of the reforms pursuant to  this  act.
The  report  shall address the progress of the state-operated and senior
colleges in competing with the top academic research  institutions,  the
impact  of  efforts  by  the  state  university of New York and the city
university of New York to increase the economic well-being of New York.
  S 2. This act shall take effect immediately, and shall expire  and  be
deemed repealed June 30, 2016.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately; provided,  however,  that
the  applicable effective date of Subparts A through D of this act shall
be as specifically set forth in the last section of such Subparts.

                                 PART E

  Section 1. Subitem (c) of item 1 of clause (A) of subparagraph (i)  of
paragraph  a  of  subdivision  3 of section 667 of the education law, as
amended by section 1 of part B of chapter 60 of the  laws  of  2000,  is
amended and a new subitem (d) is added to read as follows:
  (c)  For students first receiving aid in [the] two thousand--two thou-
sand one and thereafter, five thousand dollars[.]; OR
  (D) FOR UNDERGRADUATE STUDENTS ENROLLED IN A PROGRAM  OF  STUDY  AT  A
PUBLIC  OR  NON-PUBLIC DEGREE-GRANTING INSTITUTION THAT DOES NOT OFFER A
PROGRAM OF STUDY THAT LEADS TO A BACCALAUREATE DEGREE, OR  AT  A  REGIS-
TERED  NOT-FOR-PROFIT  BUSINESS SCHOOL QUALIFIED FOR TAX EXEMPTION UNDER
SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE FOR  FEDERAL  INCOME  TAX
PURPOSES  THAT  DOES NOT OFFER A PROGRAM OF STUDY THAT LEADS TO A BACCA-
LAUREATE DEGREE, FOUR THOUSAND DOLLARS.   PROVIDED, HOWEVER,  THAT  THIS
SUBITEM SHALL NOT APPLY TO STUDENTS ENROLLED IN A PROGRAM OF STUDY LEAD-
ING TO A CERTIFICATE OR DEGREE IN NURSING.
  S 2. This act shall take effect July 1, 2011.

                                 PART F

  Section  1.  Subdivision  1  of  section  663 of the education law, as
amended by section 1 of part F of chapter 57 of the  laws  of  2009,  is
amended to read as follows:
  1.  Income  defined.  Except  as  otherwise  provided in this section,
"income" shall be the total of  the  combined  net  taxable  income  and
income  from  pensions  of  New York state, local governments [and], the
federal government AND ANY PRIVATE EMPLOYER of the applicant, the appli-
cant's spouse, and the applicant's parents, INCLUDING  ANY  PENSION  AND
ANNUITY  INCOME  EXCLUDED FOR PURPOSES OF TAXATION PURSUANT TO PARAGRAPH
THREE-A OF SUBSECTION (C) OF SECTION SIX HUNDRED TWELVE OF THE TAX  LAW,

S. 2808                            94                            A. 4008

as  reported  in New York state income tax returns for the calendar year
next preceding the beginning of the school year  for  which  application
for  assistance is made, except that any amount received by an applicant
as a scholarship at an educational institution or as a fellowship grant,
including  the  value  of contributed services and accommodations, shall
not be included within the definition of "income" for  the  purposes  of
this  article.  The  term "parent" shall include birth parents, steppar-
ents, adoptive parents and the spouse of an adoptive parent. Income,  if
not  a  whole  dollar  amount,  shall be assumed to be equal to the next
lowest whole dollar amount. Any change in the  status  of  an  applicant
with  regard  to  the  persons  responsible  for the applicant's support
occurring after the beginning of any semester shall not be considered to
change the applicant's award for that semester.
  S 2. This act shall take effect July 1, 2011.

                                 PART G

  Section 1. Paragraphs b and c of subdivision 6 of section 661  of  the
education  law  are REPEALED and two new paragraphs b and c are added to
read as follows:
  B.  A STUDENT WHO IS IN DEFAULT ON A STUDENT LOAN MADE UNDER ANY STAT-
UTORY NEW YORK STATE OR FEDERAL EDUCATION LOAN PROGRAM SHALL BE INELIGI-
BLE TO RECEIVE ANY AWARD OR LOAN PURSUANT  TO  THIS  ARTICLE  UNTIL  THE
STUDENT  CURES  THE  DEFAULT STATUS PURSUANT TO APPLICABLE LAW AND REGU-
LATION.
  C. A STUDENT WHO HAS FAILED TO COMPLY WITH THE TERMS  OF  ANY  SERVICE
CONDITION  IMPOSED  BY  AN  AWARD  MADE  PURSUANT TO THIS ARTICLE OR HAS
FAILED TO REPAY AN AWARD MADE PURSUANT TO THIS ARTICLE, AS  REQUIRED  BY
PARAGRAPH  A  OF  SUBDIVISION  FOUR OF SECTION SIX HUNDRED SIXTY-FIVE OF
THIS SUBPART, SHALL BE INELIGIBLE TO RECEIVE ANY AWARD OR LOAN  PURSUANT
TO THIS ARTICLE SO LONG AS SUCH FAILURE TO COMPLY OR REPAY CONTINUES.
  S  2.  This  act  shall  take  effect  July 1, 2011; provided that the
provisions of this act shall apply to any student who is in  default  in
the repayment of any student loan or under the terms of any award pursu-
ant to article 14 of the education law.

                                 PART H

  Section  1. Subclause 1 of clause (A) of subparagraph (i) of paragraph
a of subdivision 3 of section 667 of the education law,  as  amended  by
section  1  of  part  B of chapter 60 of the laws of 2000, is amended to
read as follows:
  (1) In the case of students who have not been granted an exclusion  of
parental  income  or  had a dependent for income tax purposes during the
tax year next preceding the academic year for which application is made,
EXCEPT FOR THOSE STUDENTS WHO HAVE BEEN GRANTED  EXCLUSION  OF  PARENTAL
INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT:
  (a)  For  students  first receiving aid after nineteen hundred ninety-
three--nineteen hundred ninety-four and before two  thousand--two  thou-
sand one, four thousand one hundred twenty-five dollars; or
  (b) For students first receiving aid in nineteen hundred ninety-three-
-nineteen  hundred  ninety-four  or earlier, three thousand five hundred
seventy-five dollars; or
  (c) For students first receiving aid in [the] two thousand--two  thou-
sand one and thereafter, five thousand dollars.

S. 2808                            95                            A. 4008

  S  2.  Subclause 2 of clause (A) of subparagraph (i) of paragraph a of
subdivision 3 of section 667 of the education law, as amended by section
1 of part B of chapter 60 of the laws of 2000, is  amended  to  read  as
follows:
  (2)  In the case of students receiving awards pursuant to subparagraph
(iii) of this paragraph AND THOSE STUDENTS WHO HAVE BEEN GRANTED  EXCLU-
SION OF PARENTAL INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT.
  (a)  For  students first receiving aid in nineteen hundred ninety-four
--nineteen hundred ninety-five and nineteen  hundred  ninety-five--nine-
teen  hundred  ninety-six  and  thereafter,  three  thousand twenty-five
dollars, or
  (b) For students first receiving aid in nineteen hundred  ninety-two--
nineteen  hundred  ninety-three and nineteen hundred ninety-three--nine-
teen  hundred  ninety-four,  two  thousand  five  hundred   seventy-five
dollars, or
  (c)  For students first receiving aid in nineteen hundred ninety-one--
nineteen hundred ninety-two or earlier, two thousand four hundred  fifty
dollars; or
  S 3. Subparagraph (iii) of paragraph a of subdivision 3 of section 667
of the education law, as amended by section 1 of part B of chapter 60 of
the laws of 2000, is amended to read as follows:
  (iii)  (A)  For  students  who have been granted exclusion of parental
income and were single with no dependent for income tax purposes  during
the  tax  year next preceding the academic year for which application is
made, the base amount, as determined in subparagraph (i) of  this  para-
graph, shall be reduced in relation to income as follows:

Amount of income                    Schedule of reduction
                                    of base amount

[(A)] (1) Less than three thousand  None
    dollars
[(B)] (2) Three thousand dollars or Thirty-one per centum of
    more, but not more than ten     amount in excess of three
    thousand dollars                thousand dollars

  (B)  FOR  THOSE  STUDENTS  WHO HAVE BEEN GRANTED EXCLUSION OF PARENTAL
INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT, FOR INCOME TAX PURPOSES
DURING THE TAX YEAR NEXT PRECEDING THE ACADEMIC YEAR FOR WHICH  APPLICA-
TION IS MADE, THE BASE AMOUNT, AS DETERMINED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH, SHALL BE REDUCED IN RELATION TO INCOME AS FOLLOWS:

AMOUNT OF INCOME                    SCHEDULE OF REDUCTION
                                    OF BASE AMOUNT

(1) LESS THAN SEVEN THOUSAND        NONE
    DOLLARS
(2) SEVEN THOUSAND DOLLARS OR       SEVEN PER CENTUM OF EXCESS
    MORE, BUT LESS THAN ELEVEN      OVER SEVEN THOUSAND DOLLARS
    THOUSAND DOLLARS
(3) ELEVEN THOUSAND DOLLARS OR      TWO HUNDRED EIGHTY DOLLARS
    MORE, BUT LESS THAN EIGHTEEN    PLUS TEN PER CENTUM OF EXCESS
    THOUSAND DOLLARS                OVER ELEVEN THOUSAND DOLLARS
(4) EIGHTEEN THOUSAND DOLLARS OR    NINE HUNDRED EIGHTY DOLLARS
    MORE, BUT NOT MORE THAN FORTY   PLUS TWELVE PER CENTUM OF
    THOUSAND DOLLARS                EXCESS OVER EIGHTEEN

S. 2808                            96                            A. 4008

                                    THOUSAND DOLLARS

  S 4. This act shall take effect July 1, 2011.

                                 PART I

  Section  1.  Subparagraphs (i), (ii), (iii) and (iv) of paragraph c of
subdivision 6 of section 665 of the education  law,  subparagraphs  (i),
(ii)  and  (iii)  as added by section 3 of part E-1 of chapter 57 of the
laws of 2007 and subparagraph (iv) as amended by section 2 of part I  of
chapter 57 of the laws of 2008, are amended to read as follows:
  (i)  For students first receiving aid in two thousand seven--two thou-
sand eight, THROUGH AND INCLUDING TWO THOUSAND NINE--TWO  THOUSAND  TEN,
AND  FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION
WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO  THOUSAND  EIGHT,  and
thereafter,   and  enrolled  in  four-year  or  five-year  undergraduate
programs whose terms are organized in semesters:

  Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th  9th  10th
  Certified
  for This
  Payment

  A Student Must 0    3    9    21   33   45   60   75   90   105
  Have Accrued at
  Least This
  Many Credits

  With At Least  0    1.1  1.2  1.3  2.0  2.0  2.0  2.0  2.0  2.0
  This Grade
  Point Average

  (ii) For students first receiving aid in two thousand seven--two thou-
sand eight, THROUGH AND INCLUDING TWO THOUSAND NINE--TWO  THOUSAND  TEN,
AND  FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION
WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO  THOUSAND  EIGHT,  and
thereafter,  and enrolled in two-year undergraduate programs whose terms
are organized in semesters:

  Before Being   1    2    3    4    5    6
  Certified
  for This
  Payment

  A Student      0    3    9    18   30   45
  Must Have
  Accrued at
  Least This
  Many Credits

  With at Least  0    .5   .75  1.3  2.0  2.0
  This Grade
  Point Average

  (iii) For students first receiving  aid  in  two  thousand  seven--two
thousand  eight,  THROUGH  AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND

S. 2808                            97                            A. 4008

TEN, AND FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS  SUBDI-
VISION WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO THOUSAND EIGHT,
and  thereafter,  and  enrolled  in four-year or five-year undergraduate
programs whose terms are organized on a trimester basis:

  Before Being   1    2    3    4    5    6    7    8
  Certified
  for This
  Payment

  A Student      0    2    4    9    17   25   33   40
  Must Have
  Accrued at
  Least This
  Many Credits

  With At Least  0    1.1  1.1  1.2  1.2  1.3  2.0  2.0
  This Grade
  Point Average

and,

  Before Being   9    10   11   12   13   14   15
  Certified
  for This
  Payment

  A Student      50   60   70   80   90   100  110
  Must Have
  Accrued at
  Least This
  Many Credits

  With At Least  2.0  2.0  2.0  2.0  2.0  2.0  2.0
  This Grade
  Point Average

  (iv) For students first receiving aid in two thousand seven--two thou-
sand  eight,  THROUGH AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND TEN,
AND FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS  SUBDIVISION
WHO  FIRST  RECEIVED  AID IN TWO THOUSAND SEVEN--TWO THOUSAND EIGHT, and
thereafter, and enrolled in two-year undergraduate programs whose  terms
are organized on a trimester basis:

  Before Being   1    2    3    4    5     6    7    8    9
  Certified
  for This
  Payment

  A Student      0    2    4    9    15    21   30   37   45
  Must Have
  Accrued at
  Least This
  Many Credits

  With At Least  0    .5   .5   .75  .75   1.3  2.0  2.0  2.0

S. 2808                            98                            A. 4008

  This Grade
  Point Average

  S  2. Paragraph c of subdivision 6 of section 665 of the education law
is amended by adding four new subparagraphs (v), (vi), (vii) and  (viii)
to read as follows:
  (V) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOUSAND
ELEVEN  AND  THEREAFTER,  WHO  DO  NOT  MEET  THE DEFINITION OF REMEDIAL
STUDENT AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE  ENROLLED
IN A FOUR-YEAR OR FIVE-YEAR UNDERGRADUATE PROGRAM WHOSE TERMS ARE ORGAN-
IZED IN SEMESTERS:

  BEFORE BEING   1ST  2ND  3RD  4TH  5TH   6TH  7TH  8TH  9TH 10TH
  CERTIFIED
  FOR THIS
  PAYMENT

  A STUDENT      0    6    15   27   39    51   66   81   96  111
  MUST HAVE
  ACCRUED AT
  LEAST THIS
  MANY CREDITS

  WITH AT LEAST  0    1.5  1.8  1.8  2.0  2.0  2.0  2.0  2.0  2.0
  THIS GRADE
  POINT AVERAGE

  (VI)  FOR  STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOU-
SAND ELEVEN AND THEREAFTER, WHO DO NOT MEET THE DEFINITION  OF  REMEDIAL
STUDENT  AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE ENROLLED
IN A TWO-YEAR UNDERGRADUATE PROGRAM WHOSE TERMS ARE ORGANIZED IN  SEMES-
TERS:

  BEFORE BEING   1ST  2ND  3RD  4TH  5TH  6TH
  CERTIFIED
  FOR THIS
  PAYMENT

  A STUDENT      0    6    15   27   39   51
  MUST HAVE
  ACCRUED AT
  LEAST THIS
  MANY CREDITS

  WITH AT LEAST  0    1.3  1.5  1.8  2.0  2.0
  THIS GRADE
  POINT AVERAGE

  (VII)  FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOU-
SAND ELEVEN AND THEREAFTER, WHO DO NOT MEET THE DEFINITION  OF  REMEDIAL
STUDENT  AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE ENROLLED
IN A FOUR-YEAR OR FIVE-YEAR UNDERGRADUATE PROGRAM WHOSE TERMS ARE ORGAN-
IZED ON A TRIMESTER BASIS:

  BEFORE BEING   1ST  2ND  3RD  4TH  5TH  6TH  7TH  8TH
  CERTIFIED

S. 2808                            99                            A. 4008

  FOR THIS
  PAYMENT

  A STUDENT      0    4    8    14   22   30   38   46
  MUST HAVE
  ACCRUED AT
  LEAST THIS
  MANY CREDITS

  WITH AT LEAST  0    1.1  1.5  1.5  1.8  2.0  2.0  2.0
  THIS GRADE
  POINT AVERAGE
  AND,

  BEFORE BEING   9TH  10TH 11TH 12TH 13TH 14TH 15TH
  CERTIFIED
  FOR THIS
  PAYMENT

  A STUDENT       56   66   76   86   96  106  116
  MUST HAVE
  ACCRUED AT
  LEAST THIS
  MANY CREDITS

  WITH AT LEAST  2.0  2.0  2.0  2.0  2.0  2.0  2.0
  THIS GRADE
  POINT AVERAGE

  (VIII) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOU-
SAND  ELEVEN  AND THEREAFTER, WHO DO NOT MEET THE DEFINITION OF REMEDIAL
STUDENT AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE  ENROLLED
IN  A  TWO-YEAR  UNDERGRADUATE  PROGRAM  WHOSE  TERMS ARE ORGANIZED ON A
TRIMESTER BASIS:

  BEFORE BEING   1ST  2ND  3RD  4TH  5TH  6TH  7TH  8TH  9TH
  CERTIFIED
  FOR THIS
  PAYMENT

  A STUDENT       0    2    6   14   22   30   38   46   54
  MUST HAVE
  ACCRUED AT
  LEAST THIS
  MANY CREDITS

  WITH AT LEAST  0    1.0  1.3  1.5  1.5  1.8  2.0  2.0  2.0
  THIS GRADE
  POINT AVERAGE

  S 3. Subdivision 6 of section 665 of the education law is  amended  by
adding a new paragraph d to read as follows:
  D. FOR PURPOSES OF PARAGRAPH C OF THIS SUBDIVISION, A REMEDIAL STUDENT
SHALL MEAN A STUDENT CARRYING A FULL-TIME PROGRAM: (A) WHOSE SCORES ON A
RECOGNIZED  COLLEGE PLACEMENT EXAM OR NATIONALLY RECOGNIZED STANDARDIZED
EXAM INDICATE THE NEED FOR REMEDIATION, AS CERTIFIED BY THE  APPROPRIATE

S. 2808                            100                           A. 4008

COLLEGE  OFFICIAL  AND APPROVED BY THE COMMISSIONER, AND WHO IS ENROLLED
IN UP TO NINE SEMESTER HOURS OF NON-CREDIT REMEDIAL COURSES, AS APPROVED
BY THE COMMISSIONER, IN THEIR FIRST TERM OF STUDY, AND UP TO SIX  SEMES-
TER HOURS OF NON-CREDIT REMEDIAL COURSES, AS APPROVED BY THE COMMISSION-
ER, IN EACH TERM THEREAFTER; OR (B) WHO IS ENROLLED IN THE HIGHER EDUCA-
TION  OPPORTUNITY  PROGRAM  (HEOP),  THE  EDUCATION  OPPORTUNITY PROGRAM
(EOP), THE SEARCH FOR EDUCATION, ELEVATION AND KNOWLEDGE (SEEK) PROGRAM,
OR THE COLLEGE DISCOVERY PROGRAM.
  S 4. This act shall take effect July 1, 2011.

                                 PART J

  Section 1. Subdivision 2 of section 667 of the education law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
  2. Duration. No undergraduate shall be eligible  for  more  than  four
academic  years of study, or five academic years if the program of study
normally requires five years. Students enrolled in a program of remedial
study, approved by the commissioner in an institution of  higher  educa-
tion and intended to culminate in a degree in undergraduate study shall,
for  purposes of this section, be considered as enrolled in a program of
study normally requiring five years. An undergraduate  student  enrolled
in  an  eligible  two year program of study approved by the commissioner
shall be eligible for no more than three academic years  of  study.  [No
graduate  student shall be eligible for more than four academic years of
study provided, however, that no graduate student shall be eligible  for
more  than  one  degree  program  at the master's, first professional or
doctorate level. No student shall be eligible for a total of  more  than
the  equivalent  of  eight  years of combined undergraduate and graduate
study.] Any semester, quarter, or term  of  attendance  during  which  a
student  receives any award under this article, after the effective date
of the former scholar incentive program and prior to academic year nine-
teen hundred eighty-nine--nineteen  hundred  ninety,  shall  be  counted
toward the maximum term of eligibility for tuition assistance under this
section,  except that any semester, quarter or term of attendance during
which a student received  an  award  pursuant  to  section  six  hundred
sixty-six  of  this  [article] SUBPART shall be counted as one-half of a
semester, quarter or term, as the case may be, toward the  maximum  term
of  eligibility  under  this  section.  Any semester, quarter or term of
attendance during which a student received an award pursuant to  section
six hundred sixty-seven-a of this [article] SUBPART shall not be counted
toward the maximum term of eligibility under this section.
  S  2. Paragraph c of subdivision 3 of section 667 of the education law
is REPEALED and paragraph d is relettered paragraph c.
  S 3. Subdivision 5 of section 663 of the education law, as amended  by
chapter 622 of the laws of 2008, is amended to read as follows:
  5. Adjustments of income. [(a) Except for purposes of paragraphs a and
b  of  subdivision three of section six hundred sixty-seven of this part
if, during the academic year in which  the  applicant  will  receive  an
award,  one  or  more  of  either  the parents of the applicant or other
dependent children of such parents, the spouse of the applicant, or  one
or  more  dependent children of the applicant, in addition to the appli-
cant, will be in  full-time  attendance  in  an  approved  program,  the
combined  net  taxable  income  determined under subdivision one of this
section shall be divided by the total number of  the  aforesaid  persons
(including  the  applicant)  who  will  be  in  such attendance, and the

S. 2808                            101                           A. 4008

resulting quotient shall be deemed the applicable income in  determining
the applicant's award for such academic year.
  (b)] In the determination of income for purposes of paragraphs a and b
of subdivision three of section six hundred sixty-seven of this part if,
during  the  academic year in which the applicant will receive an award,
one of either the parents of the applicant or other dependent  child  of
such  parents,  the  spouse  of  the applicant, or one or more dependent
children of the applicant, in addition to  the  applicant,  will  be  in
full-time  attendance  in  an approved program, the combined net taxable
income determined under subdivision one of this section shall be reduced
by three thousand dollars and an additional  two  thousand  dollars  for
each  other  such  person additional to the aforesaid persons (including
the applicant) who will be in such attendance, and the resulting  amount
shall  be  deemed  the  applicable income in determining the applicant's
award for the academic year.
  S 4. Paragraph a of subdivision 3 of section 663 of the education law,
as amended by chapter 62 of the laws of 1977,  is  amended  to  read  as
follows:
  a. In determining the amount of an award for [graduate and undergradu-
ate]  students,  the  income  of  the  parents  shall be excluded if the
student has been emancipated from his parents.
  S 5. The opening paragraph of subparagraph 1 of paragraph b of  subdi-
vision  3 of section 663 of the education law, as amended by chapter 101
of the laws of 1992, is amended to read as follows:
  The applicant is a student who was married on or before December thir-
ty-first of the calendar year prior to the  beginning  of  the  academic
year  for  which  application is made or is an undergraduate student who
has reached the age of twenty-two on or before June thirtieth  prior  to
the  academic  year  for  which  application  is  made [or is a graduate
student,] and who, during the calendar year next preceding the semester,
quarter or term of attendance for which application is made and  at  all
times subsequent thereto up to and including the entire period for which
application is made:
  S 6. Paragraph d of subdivision 3 of section 663 of the education law,
as  amended  by  chapter  62  of the laws of 1977, is amended to read as
follows:
  d. Any [graduate or] undergraduate student who was allowed to  exclude
parental  income  pursuant  to  the  provisions  of subdivision three of
section six hundred three of this chapter as they existed prior to  July
first, nineteen hundred seventy-four may continue to exclude such income
for so long as he continues to comply with such provisions.
  S 7. This act shall take effect July 1, 2011.

                                 PART K

  Section  1. Section 17 of chapter 31 of the laws of 1985, amending the
education law relating to regents scholarships in  certain  professions,
as  amended by section 1 of part I of chapter 57 of the laws of 2008, is
amended to read as follows:
  S 17. This act shall take effect immediately; provided, however,  that
the  scholarship  and  loan forgiveness programs established pursuant to
the provisions of this act shall terminate upon  the  granting  of  such
awards for the 2008-2009 school year PROVIDED, HOWEVER, THAT THE REGENTS
PHYSICIAN  LOAN  FORGIVENESS  PROGRAM  ESTABLISHED  PURSUANT TO THIS ACT
SHALL NOT TERMINATE UNTIL THE GRANTING OF SUCH AWARDS  FOR  THE  2015-16

S. 2808                            102                           A. 4008

SCHOOL  YEAR,  PROVIDED  THAT  THE  FINAL DISBURSEMENT OF ANY MULTI-YEAR
AWARDS GRANTED IN SUCH SCHOOL YEAR SHALL BE PAID.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on the same  date  and  in  the  same
manner as part I of chapter 57 of the laws of 2008, takes effect.

                                 PART L

  Section  1.  Section  3  of  part  V of chapter 57 of the laws of 2005
amending the education law relating to the New York state nursing facul-
ty loan forgiveness incentive program and the  New  York  state  nursing
faculty  scholarship program, as added by section 4 of part D of chapter
63 of the laws of 2005, is amended to read as follows:
  S 3. This act shall take effect on the  same  date  and  in  the  same
manner  as  Part H of [a] THIS chapter [of the laws of 2005 amending the
labor law and other laws relating to implementing the state fiscal  plan
for  the  2005-2006  state  fiscal year, as proposed in legislative bill
numbers S.3667 and A.6841, takes effect]; provided that section  two  of
this  act  shall  take effect on the same date and in the same manner as
Part I of [a] THIS chapter [of the laws of 2005 amending the  labor  law
and  other  laws  relating to implementing the state fiscal plan for the
2005-2006 state fiscal year, as proposed  in  legislative  bill  numbers
S.3667  and  A.6841,  takes  effect]; and provided further that this act
shall expire and be deemed repealed on June 30, [2010] 2016.
  S 2. This act shall take effect immediately.

                                 PART M

  Section 1. Subdivision (a) of section 50 of chapter 161 of the laws of
2005, amending the education law and other laws relating to  the  social
worker loan forgiveness program is amended to read as follows:
  (a)  section  two of this act shall expire and be deemed repealed June
30, [2011] 2016; and provided, further that the amendment to paragraph b
of subdivision 1 of section 679-c and the amendment to  paragraph  2  of
subdivision  a  of  section  679-d of the education law made by sections
three and four of this act shall not affect the repeal of such  sections
and shall be deemed repealed therewith;
  S 2. This act shall take effect immediately.

                                 PART N

  Section  1. Paragraph (b) of subdivision 12 of section 425 of the real
property tax law, as added by section 1 of part B of chapter 389 of  the
laws  of  1997,  is  amended and a new paragraph (d) is added to read as
follows:
  (b) Procedure. The assessed value attributable to each such improperly
granted exemption shall be entered separately on the next ensuing tenta-
tive or final assessment roll. The provisions of  section  five  hundred
fifty-one  or  five hundred fifty-three of this chapter, relating to the
entry by the assessor of omitted real property on a tentative  or  final
assessment  roll,  shall  apply  so far as practicable to the revocation
procedure, except that the  tax  rate  to  be  applied  to  any  revoked
exemption  shall  be  the tax rate that was applied to the corresponding
assessment roll, AND THAT INTEREST SHALL THEN  BE  ADDED  TO  EACH  SUCH
PRODUCT  AT THE RATE PRESCRIBED BY SECTION NINE HUNDRED TWENTY-FOUR-A OF
THIS CHAPTER OR SUCH OTHER LAW AS MAY BE APPLICABLE FOR  EACH  MONTH  OR

S. 2808                            103                           A. 4008

PORTION  THEREON  SINCE  THE  LEVY  OF TAXES UPON THE ASSESSMENT ROLL OR
ROLLS UPON WHICH THE EXEMPTION WAS GRANTED.
  (D)  APPLICABILITY.  THE  PROVISIONS  OF THIS SUBDIVISION SHALL NOT BE
APPLICABLE TO THE EXTENT THAT  THE  PRIOR  EXEMPTIONS  SHALL  HAVE  BEEN
RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINETY-SIX OF THIS ARTICLE.
  S  2. The real property tax law is amended by adding a new section 496
to read as follows:
  S 496. VOLUNTARILY RENUNCIATION OF AN EXEMPTION. 1. A  PROPERTY  OWNER
WHO  WISHES  TO  GIVE UP HIS OR HER CLAIM TO AN EXEMPTION ON ONE OR MORE
PRECEDING ASSESSMENT ROLLS MAY RENOUNCE  THE  EXEMPTION  IN  THE  MANNER
PROVIDED BY THIS SECTION.
  2.  AN  APPLICATION  TO  RENOUNCE AN EXEMPTION SHALL BE MADE ON A FORM
PRESCRIBED BY THE COMMISSIONER AND SHALL BE FILED WITH THE COUNTY DIREC-
TOR OF REAL PROPERTY TAX SERVICES NO LATER THAN TWENTY YEARS  AFTER  THE
LEVY  OF TAXES UPON THE ASSESSMENT ROLL ON WHICH THE RENOUNCED EXEMPTION
APPEARS. THE COUNTY DIRECTOR, AFTER  CONSULTING  WITH  THE  ASSESSOR  AS
APPROPRIATE,  SHALL  COMPUTE  THE  TOTAL  AMOUNT  OWED ON ACCOUNT OF THE
RENOUNCED EXEMPTION AS FOLLOWS:
  (A) FOR EACH ASSESSMENT ROLL ON WHICH THE RENOUNCED EXEMPTION APPEARS,
THE ASSESSED VALUE THAT WAS EXEMPTED SHALL BE MULTIPLIED BY THE TAX RATE
OR RATES THAT WERE APPLIED TO THAT ASSESSMENT ROLL. INTEREST SHALL  THEN
BE  ADDED  TO  EACH  SUCH PRODUCT AT THE RATE PRESCRIBED BY SECTION NINE
HUNDRED TWENTY-FOUR-A OF THIS CHAPTER OR SUCH OTHER LAW AS MAY BE APPLI-
CABLE FOR EACH MONTH OR PORTION THEREON SINCE THE  LEVY  OF  TAXES  UPON
SUCH ASSESSMENT ROLL.
  (B) THE SUM OF THE CALCULATIONS MADE PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION  WITH  RESPECT  TO  ALL  OF THE ASSESSMENT ROLLS IN QUESTION
SHALL BE DETERMINED.
  (C) A PROCESSING FEE OF FIVE HUNDRED DOLLARS SHALL BE ADDED TO THE SUM
DETERMINED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  3. AFTER COMPUTING THE TOTAL AMOUNT DUE ON ACCOUNT  OF  THE  RENOUNCED
EXEMPTION,  THE  COUNTY  DIRECTOR SHALL RETURN THE FORM TO THE APPLICANT
WITH THE TOTAL AMOUNT DUE NOTED THEREON. A COPY OF SUCH  FORM  SHALL  BE
PROVIDED  TO THE ASSESSOR, AND IN THE CASE OF THE STAR EXEMPTION, TO THE
COMMISSIONER.  WITHIN FIFTEEN DAYS AFTER THE MAILING OF SUCH  FORM,  THE
APPLICANT  SHALL PAY THE TOTAL AMOUNT DUE AS SHOWN THEREON TO THE COUNTY
TREASURER, WHO SHALL ISSUE A RECEIPT FOR SUCH PAYMENT.  AFTER  DEDUCTING
THE  PROCESSING  FEE,  THE  COUNTY TREASURER SHALL DISTRIBUTE THE AMOUNT
COLLECTED AMONG THE AFFECTED MUNICIPAL  CORPORATIONS  ACCORDING  TO  THE
TAXES  AND INTEREST OWING TO EACH, PROVIDED THAT IN THE CASE OF THE STAR
EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF  THIS  ARTI-
CLE,  THE  AMOUNT  COLLECTED,  INCLUDING  INTEREST, SHALL BE PAID TO THE
STATE IN THE MANNER DIRECTED BY THE COMMISSIONER.
  4. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IN A CITY
WITH A POPULATION OF ONE MILLION OR MORE, AN EXEMPTION MAY BE  RENOUNCED
ON  A  FORM  PRESCRIBED  BY  THE COMMISSIONER OF FINANCE, AND THE DUTIES
IMPOSED BY THIS SECTION UPON THE COUNTY TREASURER SHALL BE PERFORMED  BY
THE COMMISSIONER OF FINANCE.
  S 3. Paragraph (e) of subdivision 3 of section 550 of the real proper-
ty  tax  law, as added by chapter 160 of the laws of 1988, is amended to
read as follows:
  (e) an incorrect entry of a partial exemption on  an  assessment  roll
for  a parcel which is not eligible for such partial exemption; PROVIDED
THAT THE EXEMPTION HAS NOT  BEEN  RENOUNCED  PURSUANT  TO  SECTION  FOUR
HUNDRED NINETY-SIX OF THIS CHAPTER; or

S. 2808                            104                           A. 4008

  S 4. Paragraph (f-1) of subdivision 1 of section 553 of the real prop-
erty tax law, as added by chapter 616 of the laws of 2002, is amended to
read as follows:
  (f-1)  an  incorrect  entry  of a partial exemption on the immediately
preceding year's assessment roll for a parcel which was not eligible for
such exemption, provided that there has not been  a  transfer  of  title
subsequent  to  the  filing  of  such roll AND PROVIDED FURTHER THAT THE
EXEMPTION HAS NOT BEEN RENOUNCED PURSUANT TO SECTION FOUR HUNDRED  NINE-
TY-SIX OF THIS CHAPTER;
  S  5. Subdivision 2 of section 1306-a of the real property tax law, as
added by section 16 of part B of chapter 389 of the  laws  of  1997,  is
amended to read as follows:
  2.  Tax  savings. (A)(I) The tax savings for each parcel receiving the
exemption authorized by section four hundred twenty-five of this chapter
shall be computed by subtracting the amount actually levied against  the
parcel  from  the  amount  that  would  have  been levied if not for the
exemption, PROVIDED  HOWEVER,  THAT  BEGINNING  WITH  THE  TWO  THOUSAND
ELEVEN-TWO  THOUSAND  TWELVE  SCHOOL YEAR, THE TAX SAVINGS APPLICABLE TO
ANY "PORTION" (WHICH AS USED HEREIN SHALL MEAN THAT PART OF AN ASSESSING
UNIT LOCATED WITHIN A SCHOOL DISTRICT) SHALL NOT EXCEED THE TAX  SAVINGS
APPLICABLE  TO  THAT  PORTION IN THE PRIOR SCHOOL YEAR MULTIPLIED BY ONE
HUNDRED TWO PERCENT, WITH THE RESULT ROUNDED TO THE NEAREST DOLLAR.  THE
TAX  SAVINGS  ATTRIBUTABLE TO THE BASIC AND ENHANCED EXEMPTIONS SHALL BE
CALCULATED SEPARATELY. IT SHALL BE THE RESPONSIBILITY OF THE COMMISSION-
ER  TO  CALCULATE  TAX  SAVINGS  LIMITATIONS  FOR   PURPOSES   OF   THIS
SUBDIVISION.
  (II)  THE  TAX  SAVINGS  APPLICABLE  TO A PORTION FOR THE TWO THOUSAND
TEN-TWO THOUSAND ELEVEN SCHOOL YEAR SHALL BE DETERMINED  BY  MULTIPLYING
THE EXEMPT AMOUNT APPLICABLE TO THE PORTION FOR THE TWO THOUSAND TEN-TWO
THOUSAND  ELEVEN  SCHOOL  YEAR BY THE TAX RATE APPLICABLE TO THE PORTION
FOR THE TWO THOUSAND TEN-TWO THOUSAND ELEVEN SCHOOL YEAR, WITH  SEPARATE
CALCULATIONS FOR THE BASIC AND ENHANCED EXEMPTIONS.
  (III)  WHERE  A  SCHOOL TAX RATE WAS CHANGED IN THE MIDST OF THE PRIOR
SCHOOL YEAR, AN ANNUALIZED SCHOOL  TAX  RATE  SHALL  BE  USED  FOR  THIS
PURPOSE. THE ANNUALIZED TAX RATE FOR THIS PURPOSE SHALL BE DETERMINED BY
CALCULATING  THE  AVERAGE  OF  THE  TAX RATES IN EFFECT AT VARIOUS TIMES
DURING THE SCHOOL YEAR, WEIGHTED ACCORDING TO THE LENGTH OF TIME  DURING
WHICH THEY WERE RESPECTIVELY APPLICABLE.
  (B) A statement shall then be placed on the tax bill for the parcel in
substantially  the following form: "Your tax savings this year resulting
from the New York state school tax relief (STAR) program is $_______."
  S 6. Section 171-u of the tax law is amended by adding a new  subdivi-
sion 5 to read as follows:
  (5)(A)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO THE CONTRARY, THE
COMMISSIONER MAY ADOPT RULES PRESCRIBING A UNIFORM STATEWIDE  SYSTEM  OF
PARCEL  IDENTIFICATION NUMBERS AND A UNIFORM STATEWIDE ASSESSMENT CALEN-
DAR APPLICABLE TO ALL "ASSESSING UNITS", AS  THAT  TERM  IS  DEFINED  BY
SECTION  ONE  HUNDRED TWO OF THE REAL PROPERTY TAX LAW, PROVIDED THAT NO
SUCH RULE SHALL APPLY TO AN ASSESSMENT ROLL WITH A TAXABLE  STATUS  DATE
OCCURRING  PRIOR  TO  JANUARY FIRST, TWO THOUSAND THIRTEEN. THE RULES SO
PRESCRIBED SHALL TAKE PRECEDENCE OVER ANY AND ALL GENERAL,  SPECIAL  AND
LOCAL LAWS, ORDINANCES AND RESOLUTIONS TO THE CONTRARY.
  (B)  THE  UNIFORM  STATEWIDE  ASSESSMENT  CALENDAR SO PRESCRIBED SHALL
PROVIDE FOR A UNIFORM VALUATION DATE, A UNIFORM TAXABLE STATUS  DATE,  A
UNIFORM  DATE  FOR  THE  FILING OF TENTATIVE ASSESSMENT ROLLS, A UNIFORM
DATE FOR THE HEARING OF  COMPLAINTS  ON  TENTATIVE  ASSESSMENTS,  AND  A

S. 2808                            105                           A. 4008

UNIFORM  DATE FOR THE FILING OF FINAL ASSESSMENT ROLLS. THE CALENDAR MAY
NOT, HOWEVER, OVERRIDE THE DATES OTHERWISE SET BY LAW FOR  THE  LEVY  OR
COLLECTION  OF TAXES, NOR MAY IT OVERRIDE THE DATES OTHERWISE SET BY LAW
FOR LOCAL FISCAL YEARS TO BEGIN OR END.
  (C)  NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION, THE
COMMISSIONER MAY, AT HIS OR HER DISCRETION, ADOPT RULES THAT ARE  APPLI-
CABLE  ONLY  TO  "SPECIAL  ASSESSING  UNITS," AS THAT TERM IS DEFINED BY
SECTION EIGHTEEN HUNDRED  ONE  OF  THE  REAL  PROPERTY  TAX  LAW,  WHICH
PRESCRIBE  AN ALTERNATIVE SYSTEM OF PARCEL IDENTIFICATION NUMBERS AND AN
ALTERNATIVE ASSESSMENT CALENDAR SOLELY FOR SUCH SPECIAL ASSESSING UNITS.
  S 7. This act shall take effect immediately.

                                 PART O

  Section 1. Paragraphs b and c of subdivision 1 of section 4405 of  the
education  law,  paragraph  b  as  amended  and  paragraph c as added by
section 2 of part G2 of chapter 62 of the laws of 2003, are  amended  to
read as follows:
  b. Expenditures made by a social services district for the maintenance
of  [a  child with a disability placed in a residential school under the
provisions of this article, including a child with a  disability  placed
in  a  special  act  school  district  by a school district committee on
special education pursuant to this article, or] a child with a disabili-
ty placed in a state school under the provisions of articles eighty-sev-
en and eighty-eight of this chapter shall be subject to reimbursement by
the state pursuant to the provisions of subdivision ten of  section  one
hundred  fifty-three  of  the  social  services  law. Expenditures shall
include both direct payments and deductions from state aid made  by  the
comptroller, if any, in lieu of such direct payments.
  c. Expenditures made by a social services district for the maintenance
of  a  child  with a disability placed in a residential school under the
provisions of this article, including a child with a  disability  placed
by  a  school  district  committee on special education pursuant to this
article in a special act school district, or a state school  subject  to
the  provisions  of articles eighty-seven and eighty-eight of this chap-
ter,  shall  be  subject  to  [twenty]  FIFTY-SIX  AND   EIGHT   HUNDRED
FORTY-EIGHT  THOUSANDTHS  percent  reimbursement  by  the child's school
district of residence pursuant to the provisions of subdivision  ten  of
section  one  hundred fifty-three of the social services law. The amount
of such reimbursement shall be a charge upon  such  school  district  of
residence.
  S  2.  Subdivision  10  of  section 153 of the social services law, as
amended by section 1 of part G2 of chapter 62 of the laws  of  2003,  is
amended to read as follows:
  10.  Expenditures  made  by a social services district for the mainte-
nance of children with disabilities, placed by school districts,  pursu-
ant  to  section  forty-four hundred five of the education law shall, if
approved by the office of children and family services,  be  subject  to
[forty  percent  reimbursement  by  the  state and twenty] FIFTY-SIX AND
EIGHT HUNDRED FORTY-EIGHT THOUSANDTHS percent  reimbursement  by  school
districts in accordance with paragraph (c) of subdivision one of section
forty-four  hundred  five  of  the  education law, after first deducting
therefrom any federal funds received or to be  received  on  account  of
such  expenditures,  except  that  in  the case of a student attending a
state-operated school for the deaf or blind pursuant to article  eighty-
seven  or  eighty-eight  of the education law who was not placed in such

S. 2808                            106                           A. 4008

school by a school district such expenditures shall be subject to  fifty
percent  reimbursement  by the state after first deducting therefrom any
federal funds received or to be received on account of such expenditures
and  there  shall be no reimbursement by school districts. Such expendi-
tures shall not be subject to the  limitations  on  state  reimbursement
contained  in  subdivision  two  of section one hundred fifty-three-k of
this [chapter] TITLE. In the event of the failure of the school district
to make the maintenance payment  pursuant  to  the  provisions  of  this
subdivision, the state comptroller shall withhold state reimbursement to
any such school district in an amount equal to the unpaid obligation for
maintenance  and  pay over such sum to the social services district upon
certification of the commissioner of the office of children  and  family
services  and  the commissioner of education that such funds are overdue
and owed by such school district.   The commissioner of  the  office  of
children  and  family services, in consultation with the commissioner of
education, shall promulgate regulations to implement the  provisions  of
this subdivision.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force  and  effect  on  and  after  January  1,  2011;
provided,  however, that the amendments to subdivision 10 of section 153
of the social services law made by section two of  this  act  shall  not
affect the expiration of such subdivision and shall expire therewith.

                                 PART P

  Section  1. The social services law is amended by adding a new section
409-b to read as follows:
  S 409-B. PRIMARY PREVENTION INCENTIVE PROGRAM. 1. NOTWITHSTANDING  ANY
PROVISION OF LAW TO THE CONTRARY AND SUBJECT TO AVAILABLE APPROPRIATION,
ELIGIBLE EXPENDITURES BY A MUNICIPALITY FOR PRIMARY PREVENTION INCENTIVE
PROGRAMS  AND SERVICES SHALL BE SUBJECT TO STATE REIMBURSEMENT FOR UP TO
SIXTY-TWO PERCENT OF THE MUNICIPALITY'S EXPENDITURES, EXCLUSIVE  OF  ANY
FEDERAL  FUNDS  MADE  AVAILABLE  FOR  SUCH  PURPOSES,  NOT TO EXCEED THE
MUNICIPALITY'S  DISTRIBUTION  UNDER  THE  PRIMARY  PREVENTION  INCENTIVE
PROGRAM.  THE STATE FUNDS APPROPRIATED FOR THE PRIMARY PREVENTION INCEN-
TIVE  PROGRAM  SHALL  BE  DISTRIBUTED  TO ELIGIBLE MUNICIPALITIES BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES BASED ON A PLAN DEVELOPED BY  THE
OFFICE  AND  SUBJECT  TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET. THE
OFFICE IS AUTHORIZED, IN ITS DISCRETION, TO MAKE ADVANCES TO  A  MUNICI-
PALITY IN ANTICIPATION OF SUCH STATE REIMBURSEMENT. ANY CLAIMS SUBMITTED
BY  A  MUNICIPALITY  FOR REIMBURSEMENT FOR A PARTICULAR PROGRAM YEAR FOR
WHICH THE MUNICIPALITY DOES NOT RECEIVE STATE REIMBURSEMENT DURING  THAT
PROGRAM  YEAR MAY NOT BE CLAIMED AGAINST ANY DISTRIBUTION AMOUNT FOR THE
NEXT PROGRAM YEAR. THE OFFICE MAY REQUIRE THAT SUCH CLAIMS BE  SUBMITTED
TO  THE  OFFICE  ELECTRONICALLY IN THE MANNER AND FORMAT REQUIRED BY THE
OFFICE.
  2. AS USED IN THIS SECTION, THE TERM "MUNICIPALITY" SHALL MEAN A COUN-
TY, OR A CITY HAVING A POPULATION OF ONE MILLION OR MORE; AND  THE  TERM
"PRIMARY PREVENTION INCENTIVE PROGRAMS AND SERVICES" SHALL MEAN PROGRAMS
OR SERVICES PROVIDED ON A COMMUNITY BASIS FOR THE PURPOSES OF PREVENTING
CHILD  ABUSE  AND  NEGLECT, AVERTING FAMILY CRISES AND LATER FOSTER CARE
PLACEMENTS FOR FAMILIES THAT ARE NOT AT IMMEDIATE RISK OF  FOSTER  CARE,
PREVENTING DELINQUENCY, OR PROMOTING POSITIVE YOUTH DEVELOPMENT. PRIMARY
PREVENTION INCENTIVE PROGRAMS AND SERVICES SHALL NOT INCLUDE "PREVENTIVE
SERVICES"  AS  DEFINED  IN  SECTION  FOUR HUNDRED NINE OF THIS TITLE AND
PROVIDED TO INDIVIDUAL CHILDREN AND THEIR FAMILIES PURSUANT TO  SUBDIVI-

S. 2808                            107                           A. 4008

SION  ONE  OR  TWO OF SECTION FOUR HUNDRED NINE-A OF THE SOCIAL SERVICES
LAW.
  3.  TWO OR MORE MUNICIPALITIES MAY JOIN TOGETHER TO ESTABLISH, OPERATE
AND MAINTAIN PRIMARY PREVENTION INCENTIVE  PROGRAMS  AND  MAY  MAKE  AND
PERFORM  AGREEMENTS  IN  CONNECTION  THEREWITH.  SUCH  AGREEMENTS  SHALL
INCLUDE PROVISIONS FOR THE PROPORTIONATE COST TO BE BORNE BY EACH  MUNI-
CIPALITY  AND  FOR THE MANNER OF EMPLOYMENT OF PERSONNEL AND MAY PROVIDE
THAT A FISCAL OFFICER OF ONE SUCH MUNICIPALITY SHALL BE THE CUSTODIAN OF
THE MONEYS MADE AVAILABLE FOR EXPENDITURE FOR SUCH PURPOSES BY ALL  SUCH
MUNICIPALITIES  AND THAT SUCH FISCAL OFFICER MAY MAKE PAYMENTS THEREFROM
UPON AUDIT OF THE APPROPRIATE AUDITING BODY OR OFFICER  OF  HIS  OR  HER
MUNICIPALITY.  IN MAKING CLAIMS FOR STATE REIMBURSEMENT PURSUANT TO THIS
SECTION, EACH MUNICIPALITY SHALL CLAIM FOR ITS  PROPORTIONATE  SHARE  OF
EXPENDITURES.  HOWEVER,  WHERE  THE  AGREEMENT PROVIDES FOR A DISBURSING
MUNICIPALITY, SUCH DISBURSING MUNICIPALITY SHALL  CLAIM  FOR  THE  TOTAL
JOINT  PROGRAM EXPENDITURES MADE AND SHALL DISBURSE THE STATE REIMBURSE-
MENT TO EACH PARTICIPATING MUNICIPALITY  BASED  UPON  THE  PROPORTIONATE
SHARE OF EACH PARTICIPATING MUNICIPALITY'S EXPENDITURES.
  4. A MUNICIPALITY AND THE BOARD OF EDUCATION, BOARD OF TRUSTEES OR THE
TRUSTEE  OF  A SCHOOL DISTRICT MAY MAKE AND PERFORM AGREEMENTS PROVIDING
FOR THE OPERATION BY A SCHOOL DISTRICT OF A YOUTH DEVELOPMENT OR SIMILAR
PROGRAM.
  5. THE CHIEF EXECUTIVE OFFICER OF EACH MUNICIPALITY MAY DESIGNATE  ONE
OR  MORE AGENCIES RESPONSIBLE FOR PROVIDING PRIMARY PREVENTION INCENTIVE
PROGRAMS AND SERVICES PURSUANT TO THIS SECTION.  PROGRAMS  AND  SERVICES
SHALL  BE  TARGETED  TO  COMMUNITIES  HAVING  THE  HIGHEST NEED FOR SUCH
SERVICES, AND SHALL  INCLUDE  EVIDENCE-BASED  PROGRAMS  DEMONSTRATED  TO
REDUCE  CHILD  ABUSE AND NEGLECT, PREVENT FOSTER CARE PLACEMENT, PREVENT
DELINQUENCY OR PROMOTE POSITIVE YOUTH DEVELOPMENT.
  6. MUNICIPALITIES MAY APPLY TO THE OFFICE FOR A WAIVER OF  ELIGIBILITY
AND   ADMINISTRATIVE   REQUIREMENTS  FOR  PRIMARY  PREVENTION  INCENTIVE
PROGRAMS AND SERVICES. UPON APPROVAL OF THE APPLICATION BY  THE  OFFICE,
ELIGIBILITY  REQUIREMENTS  ESTABLISHED  IN  STATUTE OR REGULATION MAY BE
WAIVED FOR THOSE PERSONS AND COMMUNITIES IDENTIFIED IN  THE  APPLICATION
AS  RECIPIENTS  OF  THE  SERVICES.  WHERE SUCH A WAIVER IS APPROVED, THE
OFFICE SHALL HAVE THE AUTHORITY TO ESTABLISH ALTERNATIVE STANDARDS TO BE
FOLLOWED BY THE MUNICIPALITY THAT IS GRANTED A WAIVER. UPON APPROVAL  OF
AN  APPLICATION  FOR  SUCH WAIVERS, THE OFFICE APPROVAL MUST SPECIFY THE
REQUIREMENTS BEING WAIVED AND ANY ALTERNATIVE STANDARDS ESTABLISHED.
  7. PRIMARY PREVENTION INCENTIVE PROGRAMS AND SERVICES MAY BE  PROVIDED
DIRECTLY BY A MUNICIPALITY OR THROUGH PURCHASE OF SERVICE.
  S  2.  Subdivisions  4, 6 and 7 of section 532-a of the executive law,
subdivisions 4 and 6 as amended by section 14 of part E of chapter 57 of
the laws of 2005, and subdivision 7 as added by section 13 of part G  of
chapter 58 of the laws of 2010, are amended to read as follows:
  4. "[Approved] CERTIFIED runaway program" shall mean [any non-residen-
tial  program  approved  by  the  office of children and family services
after submission by the county youth bureau, as part of  its  comprehen-
sive  plan, or] any residential facility which is operated by an author-
ized agency as defined in  subdivision  ten  of  section  three  hundred
seventy-one  of the social services law, and [approved] CERTIFIED by the
office of children and family services [after submission by  the  county
youth  bureau  as part of its comprehensive plan], established and oper-
ated to provide services to runaway and  homeless  youth  in  accordance
with  the  regulations of the office of temporary and disability assist-
ance and the office of children and family services. Such  programs  may

S. 2808                            108                           A. 4008

also provide non-residential crisis intervention and residential respite
services to youth in need of crisis intervention or respite services, as
defined  in this section.  Residential respite services in [an approved]
A  CERTIFIED runaway program may be provided for no more than twenty-one
days in accordance with the regulations of the office  of  children  and
family services.
  6.  "Transitional  independent living support program" shall mean [any
non-residential program approved by the office of  children  and  family
services  after  submission  by  the  county youth bureau as part of its
comprehensive plan, or] any residential facility [approved] CERTIFIED by
the office of children and family  services  [after  submission  by  the
county  youth bureau as part of its comprehensive plan], established and
operated to provide supportive services, for a period of up to  eighteen
months  in accordance with the regulations of the office of children and
family services, to enable homeless youth between the  ages  of  sixteen
and  twenty-one  to  progress  from crisis care and transitional care to
independent living. Such transitional independent living support program
may also provide services to youth in need  of  crisis  intervention  or
respite  services.  Notwithstanding the time limitation in paragraph (i)
of subdivision (d) of section seven hundred thirty-five  of  the  family
court  act,  residential  respite  services may be provided in a transi-
tional independent living support program for  a  period  of  more  than
twenty-one days.
  7.  "Safe  house"  shall  mean  a  residential  program  for  sexually
exploited children as defined in subdivision one of section four hundred
forty-seven-a of the social services  law.  [An  approved]  A  CERTIFIED
runaway  program  may  operate  a  short-term  safe house, as defined in
subdivision two of section four  hundred  forty-seven-a  of  the  social
services  law, for sexually exploited children. A transitional independ-
ent living support program may operate a long-term safe house for  sexu-
ally exploited children.
  S  3.  The  opening  paragraph  and paragraph (e) of subdivision 1 and
subdivision 2 of section 532-b of the executive law, the  opening  para-
graph  of  subdivision  1 as amended by chapter 182 of the laws of 2002,
paragraph (e) of subdivision 1 as amended by chapter 569 of the laws  of
1994  and subdivision 2 as added by chapter 722 of the laws of 1978, are
amended to read as follows:
  Notwithstanding any other provision of law, pursuant to regulations of
the office of children and family services  [an  approved]  A  CERTIFIED
runaway program is authorized to and shall:
  (e) assist in arranging for necessary services for runaway or homeless
youth,  and where appropriate, their families, including but not limited
to food, shelter, clothing, medical care, education and  individual  and
family  counseling.  Where  the  [approved]  CERTIFIED  runaway  program
concludes that such runaway or homeless  youth  would  be  eligible  for
assistance,  care  or services from a local social services district, it
shall assist the youth in securing such assistance, care or services  as
the youth is entitled to; and
  2.  The  runaway  youth may remain in the program on a voluntary basis
for a period not to exceed thirty days from the date of admission  where
the filing of a petition pursuant to article ten of the family court act
is  not  contemplated,  in  order  that arrangements can be made for the
runaway youth's return home, alternative residential placement  pursuant
to section three hundred ninety-eight of the social services law, or any
other  suitable  plan.  If the runaway youth and the parent, guardian or
custodian agree, in writing, the runaway youth may remain in the runaway

S. 2808                            109                           A. 4008

program up to sixty days without the filing of a  petition  pursuant  to
article ten of the family court act[, provided that in any such case the
facility  shall  first  have obtained the approval of the county runaway
coordinator,  who  shall  notify the county youth bureau of his approval
together with a statement as to the reason why such additional  residen-
tial  stay  is  necessary and a description of the efforts being made to
find suitable alternative living arrangements for such youth].
  S 4. Subdivision 2 of section 532-c of the executive law, as added  by
chapter 722 of the laws of 1978, is amended to read as follows:
  2.  Where  custody  of the youth upon leaving the [approved] CERTIFIED
program is assumed by a relative or other person, other than the  parent
or  guardian,  the  staff  of  the program shall so notify the parent or
guardian as soon as practicable after the  release  of  the  youth.  The
officers,  directors  or  employees of [an approved] A CERTIFIED runaway
program shall be immune from any civil  or  criminal  liability  for  or
arising  out of the release of a runaway or homeless youth to a relative
or other responsible person other than a parent or guardian.
  S 5. Subdivisions (a), (c) and (e) of section 532-e of  the  executive
law,  as amended by chapter 182 of the laws of 2002, are amended to read
as follows:
  (a) visit, inspect and make periodic  reports  on  the  operation  and
adequacy of [approved] CERTIFIED runaway programs and transitional inde-
pendent living support programs;
  (c)  maintain  a  register  of  [approved] CERTIFIED runaway programs,
transitional independent living support programs and runaway  and  home-
less youth service coordinators;
  (e)  develop and promulgate in consultation with [county youth bureaus
and] organizations or programs which have had  past  experience  dealing
with runaway and homeless youth, regulations concerning the coordination
and integration of services available for runaway and otherwise homeless
youth  and  prohibiting  the  disclosure  or  transferal  of any records
containing the identity of individual youth receiving services  pursuant
to this section, without the written consent of the youth; and
  S  6.  Subdivision  3  of  section 409-a of the social services law is
REPEALED.
  S 7. Subdivisions 2 and 4 of section 447-a of the social services law,
subdivision 2 as added by chapter 569 of the laws of 2008  and  subdivi-
sion  4  as  amended by section 1 of part G of chapter 58 of the laws of
2010, are amended to read as follows:
  2. The term "short-term safe house" means a residential facility oper-
ated by an authorized agency as defined in subdivision  ten  of  section
three hundred seventy-one of this article including a residential facil-
ity  operating  as  part of [an approved] A CERTIFIED runaway program as
defined in subdivision four of section five hundred thirty-two-a of  the
executive  law  or  a not-for-profit agency with experience in providing
services to sexually exploited youth and approved in accordance with the
regulations of the office of children and family services that  provides
emergency  shelter,  services  and  care  to sexually exploited children
including food, shelter, clothing, medical care, counseling  and  appro-
priate  crisis  intervention  services  at  the time they are taken into
custody by law enforcement and for the duration of any legal  proceeding
or  proceedings  in which they are either the complaining witness or the
subject child. The short-term safe house shall also be available at  the
point in time that a child under the age of eighteen has first come into
the  custody  of  juvenile  detention  officials, law enforcement, local

S. 2808                            110                           A. 4008

jails or the local commissioner of social services or is  residing  with
the local runaway and homeless youth authority.
  4.  The  term "safe house" means a residential facility operated by an
authorized agency as defined in subdivision ten of section three hundred
seventy-one of this article including a residential  facility  operating
as  part  of  [an  approved]  A  CERTIFIED runaway program as defined in
subdivision four of section five hundred thirty-two-a of  the  executive
law  or a not-for-profit agency with experience in providing services to
sexually exploited youth and approved in accordance with the regulations
of the office of children and family services that provides shelter  for
sexually  exploited children. In addition, a long-term safe house may be
operated by a transitional independent living support program as defined
in subdivision six of section five hundred thirty-two-a of the executive
law. A safe house serving sexually exploited children as defined in this
title shall provide or assist in securing necessary  services  for  such
sexually exploited children either through direct provision of services,
or  through  written agreements with other community and public agencies
for the provision of services including  but  not  limited  to  housing,
assessment,  case  management,  medical  care,  legal, mental health and
substance and alcohol abuse services. Where appropriate such safe  house
in  accordance with a service plan for such sexually exploited child may
also provide counseling and therapeutic services,  educational  services
including  life  skills  services  and planning services to successfully
transition residents back to the community. Nothing in the provisions of
this title or article nineteen-H of the executive law  shall  prevent  a
child  who  is  the  subject of a proceeding which has not reached final
disposition from residing at the safe house for  the  duration  of  that
proceeding  nor shall it prevent any sexually exploited child who is not
the subject of a proceeding from residing at the safe house. An advocate
employed by a short-term safe house or  other  appropriate  staff  of  a
short-term  safe house shall, to the maximum extent possible, preferably
within twenty-four hours but  within  no  more  than  seventy-two  hours
following  a sexually exploited child's admission into the program other
than pursuant to a court order, notify such child's parent, guardian  or
custodian of his or her physical and emotional condition and the circum-
stances  surrounding  the  child's presence at the program, unless there
are compelling circumstances  why  the  parent,  guardian  or  custodian
should  not be so notified. Where such circumstances exist, the advocate
or other appropriate staff member shall either file an appropriate peti-
tion in the family court, refer the youth to the local  social  services
district,  or  in  instances where abuse or neglect is suspected, report
such case pursuant to title six of this article.
  S 8. Subdivision 1 of section 447-b of the  social  services  law,  as
amended  by  section  2  of part G of chapter 58 of the laws of 2010, is
amended to read as follows:
  1. Notwithstanding any inconsistent  provision  of  law,  pursuant  to
regulations  of  the office of children and family services, every local
social services district shall as a component of the  district's  multi-
year consolidated services child welfare services plan address the child
welfare  services needs of sexually exploited children and to the extent
that funds are available specifically therefor ensure that a  short-term
safe  house or another short-term safe placement such as [an approved] A
CERTIFIED runaway and homeless youth program, approved respite or crisis
program providing crisis intervention or respite services or  community-
based program to serve sexually exploited children is available to chil-
dren residing in such district. Nothing in this section shall prohibit a

S. 2808                            111                           A. 4008

local social services district from utilizing existing respite or crisis
intervention  services already operated by such social services district
or homeless youth programs or services for victims of human  trafficking
pursuant  to  article ten-D of this chapter so long as the staff members
have received appropriate training approved by the  office  of  children
and family services regarding sexually exploited children and the exist-
ing programs and facilities provide a safe, secure and appropriate envi-
ronment  for  sexually exploited children. Crisis intervention services,
short-term safe house care and community-based  programming  may,  where
appropriate, be provided by the same not-for-profit agency. Local social
services  districts  may  work  cooperatively to provide such short-term
safe house or other short-term safe placement, services and  programming
and  access  to such placement, services and programming may be provided
on a regional basis, provided, however, that every local social services
district shall to the extent that funds are available ensure  that  such
placement, services and programs shall be readily accessible to sexually
exploited children residing within the district.
  S 9. Article 10-A of the social services law is REPEALED.
  S  10.  This  act  shall take effect on July 1, 2011; provided however
that section six of this act shall be considered to have  been  in  full
force and effect on and after October 1, 2010.

                                 PART Q

  Section  1.  This  act enacts into law major components of legislation
which are necessary to continue transforming New York's juvenile justice
system. Each component is wholly contained within a  Subpart  identified
as  Subparts  A  and B. The effective date for each particular provision
contained within such Subpart is set forth in the last section  of  such
Subpart.    Any  provision  in  any  section contained within a Subpart,
including the effective date of the Subpart, which makes reference to  a
section  "of  this  act",  when  used in connection with that particular
component, shall be deemed  to  mean  and  refer  to  the  corresponding
section  of  the Subpart in which it is found. Section three of this act
sets forth the general effective date of this act.

                                SUBPART A

  Section 1. Paragraph (c) of subdivision 15 of section 501 of the exec-
utive law is REPEALED and subdivision (d) is relettered subdivision (c).
  S 2. This act shall take effect April 1, 2011.

                                SUBPART B

  Section 1. Subdivision 3 of section 502 of the executive law, as added
by chapter 465 of the laws of 1992, is amended to read as follows:
  3. "Detention" means the temporary care and maintenance of youth  held
away from their homes pursuant to article three [or seven] of the family
court act, or held pending a hearing for alleged violation of the condi-
tions  of  release  from  [a  division] AN OFFICE OF CHILDREN AND FAMILY
SERVICES facility or authorized agency, or held pending  a  hearing  for
alleged  violation of the condition of parole as a juvenile offender, or
held pending return to a jurisdiction other than the one  in  which  the
youth  is held, or held pursuant to a securing order of a criminal court
if the youth named therein as principal is charged as a juvenile  offen-
der or held pending a hearing on an extension of placement or held pend-

S. 2808                            112                           A. 4008

ing transfer to a facility upon commitment or placement by a court. Only
alleged  or  convicted  juvenile  offenders  who have not attained their
eighteenth birthday shall be subject to detention in a detention facili-
ty.
  S 2. Subdivision 4, paragraphs (b) and (c) of subdivision 5 and subdi-
vision  7 of section 503 of the executive law, as amended by chapter 465
of the laws of 1992, are amended to read as follows:
  4. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES  shall  visit
and  inspect all facilities used for detention and make periodic reports
of the operation and adequacy of  such  facilities,  and  the  need  for
provision  of  such facilities to the county executive, if there be one,
the county legislature and the family court  judges  of  the  county  in
which  such  facilities  are  located,  and the office of court adminis-
tration. [The department of social services  shall  cooperate  with  the
division  for  youth  to  make  arrangements  for  joint  visitation and
inspection of foster care programs certified by the department of social
services and serving youth detained, in cities having  a  population  of
one million or more, pursuant to article seven of the family court act.]
  (b)  The [division] OFFICE OF CHILDREN AND FAMILY SERVICES may suspend
a certification for good cause shown.  Suspension  shall  mean  that  no
persons  coming within the provisions of article three [or seven] of the
family court act and no alleged or convicted juvenile  offender  may  be
received  for  care in a detention facility, but persons already in care
may remain in care. The [division] OFFICE may impose such conditions  in
the event of a suspension as it shall deem necessary and proper.
  (c)  [The  division]  SUCH  OFFICE may revoke a certification for good
cause shown. Revocation shall mean that no  persons  coming  within  the
provisions  of  article  three [or seven] of the family court act and no
alleged or convicted juvenile offender may  be  received  for  care  nor
remain at the detention facility.
  7. The person in charge of each detention facility shall keep a record
of all time spent in such facility for each youth in care. The detention
facility  shall  deliver  a  certified  transcript of such record to the
[division] OFFICE, social services  district,  or  other  agency  taking
custody  of the youth pursuant to article three [or seven] of the family
court act, before, or at the same time as the youth is delivered to  the
[division] OFFICE, district or other agency, as is appropriate.
  S  3.  The  executive  law is amended by adding a new section 529-b to
read as follows:
  S 529-B.  SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM. 1.
(A) NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE  CONTRARY,  ELIGIBLE
EXPENDITURES BY AN ELIGIBLE MUNICIPALITY FOR SERVICES TO DIVERT YOUTH AT
RISK  OF,  ALLEGED  TO  BE,  OR ADJUDICATED AS JUVENILE DELINQUENTS FROM
PLACEMENT IN DETENTION OR IN RESIDENTIAL CARE SHALL BE SUBJECT TO  STATE
REIMBURSEMENT UNDER THE SUPERVISION AND TREATMENT SERVICES FOR JUVENILES
PROGRAM  FOR UP TO SIXTY-TWO PERCENT OF THE MUNICIPALITY'S EXPENDITURES,
SUBJECT TO AVAILABLE APPROPRIATIONS AND EXCLUSIVE OF ANY  FEDERAL  FUNDS
MADE  AVAILABLE  FOR  SUCH  PURPOSES,  NOT  TO EXCEED THE MUNICIPALITY'S
DISTRIBUTION UNDER THE SUPERVISION AND TREATMENT SERVICES FOR  JUVENILES
PROGRAM.
  (B)  THE  STATE  FUNDS  APPROPRIATED FOR THE SUPERVISION AND TREATMENT
SERVICES FOR JUVENILES PROGRAM SHALL BE DISTRIBUTED TO ELIGIBLE  MUNICI-
PALITIES  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES BASED ON A PLAN
DEVELOPED BY  THE  OFFICE  WHICH  MAY  CONSIDER  HISTORICAL  INFORMATION
REGARDING  THE  NUMBER  OF YOUTH SEEN AT PROBATION INTAKE FOR AN ALLEGED
ACT OF DELINQUENCY, THE NUMBER  OF  YOUTH  REMANDED  TO  DETENTION,  THE

S. 2808                            113                           A. 4008

NUMBER  OF  JUVENILE  DELINQUENTS  PLACED WITH THE OFFICE, THE NUMBER OF
JUVENILE DELINQUENTS PLACED IN RESIDENTIAL CARE WITH  THE  MUNICIPALITY,
THE  MUNICIPALITY'S  REDUCTION  IN  THE USE OF DETENTION AND RESIDENTIAL
PLACEMENTS,  AND  OTHER  FACTORS  AS DETERMINED BY THE OFFICE. SUCH PLAN
DEVELOPED BY THE OFFICE SHALL BE SUBJECT TO THE APPROVAL OF THE DIRECTOR
OF THE BUDGET. THE OFFICE IS AUTHORIZED,  IN  ITS  DISCRETION,  TO  MAKE
ADVANCE  DISTRIBUTIONS  TO  A  MUNICIPALITY  IN  ANTICIPATION  OF  STATE
REIMBURSEMENT.
  2. AS USED IN THIS SECTION, THE TERM "MUNICIPALITY" SHALL MEAN A COUN-
TY, OR A CITY HAVING A POPULATION OF ONE MILLION OR  MORE,  AND  "SUPER-
VISION  AND TREATMENT SERVICES FOR JUVENILES" SHALL MEAN COMMUNITY-BASED
SERVICES OR PROGRAMS DESIGNED TO SAFELY MAINTAIN YOUTH IN THE  COMMUNITY
PENDING  A FAMILY COURT DISPOSITION AND SERVICES OR PROGRAMS PROVIDED TO
YOUTH ADJUDICATED AS JUVENILE DELINQUENTS TO PREVENT RESIDENTIAL  PLACE-
MENT  OF  SUCH YOUTH OR A RETURN TO PLACEMENT WHERE SUCH YOUTH HAVE BEEN
RELEASED TO THE COMMUNITY FROM RESIDENTIAL PLACEMENT.   SUPERVISION  AND
TREATMENT  SERVICES  FOR  JUVENILES  MAY  INCLUDE BUT ARE NOT LIMITED TO
SERVICES OR PROGRAMS THAT:
  (A) PROVIDE OR FACILITATE SUPPORT TO  SUCH  YOUTH  FOR  MENTAL  HEALTH
DISORDERS,  SUBSTANCE  ABUSE  PROBLEMS,  OR  LEARNING  DISABILITIES THAT
CONTRIBUTE TO SUCH YOUTH BEING AT RISK FOR DETENTION, RESIDENTIAL PLACE-
MENT, OR RETURN TO DETENTION OR RESIDENTIAL PLACEMENT;
  (B) PROVIDE TEMPORARY RESPITE CARE;
  (C) PROVIDE FAMILY THERAPY OR SUPPORT  OR  EXPLORE  ALTERNATE  HOUSING
OPTIONS  FOR YOUTH WHO ARE AT RISK FOR DETENTION OR PLACEMENT DUE TO THE
ABSENCE OF AN AVAILABLE HOME;
  (D) PROVIDE POST-RELEASE SUPPORT WITHIN THE YOUTH'S COMMUNITY; OR
  (E) REDUCE ARREST RATES OR RECIDIVISM.
  3. (A) THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY SHALL DESIGNATE
A LEAD AGENCY FOR THE PURPOSES OF PLANNING AND ADMINISTERING THE MUNICI-
PALITY'S SUPERVISION AND TREATMENT SERVICES FOR  JUVENILES  PROGRAM.  IN
ORDER  FOR A MUNICIPALITY TO BE ELIGIBLE TO RECEIVE REIMBURSEMENT PURSU-
ANT TO THIS SECTION, SUCH MUNICIPALITY MUST SUBMIT AN ANNUAL PLAN TO THE
OFFICE OF CHILDREN AND FAMILY SERVICES DETAILING HOW THE SUPERVISION AND
TREATMENT SERVICES FOR JUVENILES WILL BE  PROVIDED  WITHIN  THE  MUNICI-
PALITY. THE MUNICIPALITY SHALL DEVELOP SUCH PLAN IN COOPERATION WITH THE
APPLICABLE LOCAL GOVERNMENTAL DEPARTMENTS RESPONSIBLE FOR PROBATION, LAW
ENFORCEMENT,  DETENTION,  AND  SOCIAL  SERVICES;  AND  WITH  THE COURTS,
SERVICE PROVIDERS, SCHOOLS AND YOUTH DEVELOPMENT PROGRAMS. THE PLAN MUST
BE APPROVED BY THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY, AND MUST
INCLUDE:
  (I) AN ANALYSIS THAT IDENTIFIES THE NEIGHBORHOODS OR COMMUNITIES  FROM
WHICH  THE  GREATEST  NUMBER  OF  JUVENILE  DELINQUENTS  ARE REMANDED TO
DETENTION OR RESIDENTIALLY PLACED;
  (II) WHERE THE USE OF DETENTION OR RESIDENTIAL PLACEMENT IN THE  MUNI-
CIPALITY  SHOWS  A  SIGNIFICANT  RACIAL  OR ETHNIC DISPROPORTIONALITY, A
DESCRIPTION OF HOW THE SERVICES PROPOSED FOR FUNDING WILL  ADDRESS  SUCH
DISPROPORTIONALITY;
  (III)  A  DESCRIPTION  OF  HOW  THE SERVICES AND PROGRAMS PROPOSED FOR
FUNDING WILL REDUCE THE NUMBER OF YOUTH FROM THE  MUNICIPALITY  WHO  ARE
DETAINED  AND  RESIDENTIALLY  PLACED; HOW SUCH SERVICES AND PROGRAMS ARE
FAMILY-FOCUSED; AND WHETHER SUCH SERVICES AND PROGRAMS  ARE  CAPABLE  OF
BEING REPLICATED ACROSS MULTIPLE SITES;
  (IV)  A DESCRIPTION OF THE DEMONSTRATED EFFECTIVENESS OF SUCH SERVICES
AND PROGRAMS OR OTHER JUSTIFICATION WHY THE SERVICES  AND  PROGRAMS  ARE
PROPOSED FOR FUNDING;

S. 2808                            114                           A. 4008

  (V)  PROJECTED  PERFORMANCE  OUTCOMES  FOR SUCH SERVICES AND PROGRAMS,
INCLUDING AN ESTIMATE OF THE ANTICIPATED REDUCTIONS IN DETENTION  UTILI-
ZATION AND RESIDENTIAL PLACEMENTS, AND OTHER PROJECTED POSITIVE OUTCOMES
FOR YOUTH WHO PARTICIPATE IN THE SERVICES AND PROGRAMS; AND
  (VI) FOR EACH YEAR THAT THE MUNICIPALITY SUBMITS A PLAN AS REQUIRED BY
THIS  SECTION,  THE  MUNICIPALITY MUST PROVIDE THE FOLLOWING INFORMATION
FOR THE MOST RECENT PRECEDING YEAR FOR WHICH SUCH MUNICIPALITY  RECEIVED
FUNDING:
  (A)  THE NUMBER OF YOUTH WHO PARTICIPATED IN THE SERVICES AND PROGRAMS
FUNDED PURSUANT TO THIS SECTION; AND
  (B)  WHETHER  THE  SERVICES  AND  PROGRAMS  ACHIEVED   THE   PROJECTED
REDUCTIONS IN DETENTION UTILIZATION AND RESIDENTIAL PLACEMENTS AND OTHER
PERFORMANCE OUTCOMES.
  (B) A MUNICIPALITY'S PLAN SHALL BE SUBMITTED TO THE OFFICE OF CHILDREN
AND  FAMILY SERVICES FOR REVIEW AND APPROVAL. THE OFFICE MAY APPROVE ALL
OR PART OF THE PLAN BASED ON THE POTENTIAL EFFECTIVENESS OF THE PLAN.
  (I) IF THE OFFICE DOES NOT APPROVE A PLAN, THE MUNICIPALITY SHALL HAVE
SIXTY DAYS TO SUBMIT AN AMENDED PLAN.
  (II) UPON APPROVAL OF A PLAN, THE OFFICE SHALL NOTIFY THE MUNICIPALITY
AND POST THE APPROVED PLAN ON THE OFFICE OF CHILDREN AND FAMILY SERVICES
WEBSITE.
  (C) ANY CLAIMS SUBMITTED BY A MUNICIPALITY  FOR  REIMBURSEMENT  FOR  A
PARTICULAR  PROGRAM  YEAR  FOR  WHICH  THE MUNICIPALITY DOES NOT RECEIVE
STATE REIMBURSEMENT DURING  THE  APPLICABLE  PROGRAM  YEAR  MAY  NOT  BE
CLAIMED  AGAINST  THAT  MUNICIPALITY'S  DISTRIBUTION  FOR ANY SUCCEEDING
PROGRAM YEAR. THE OFFICE MAY REQUIRE THAT SUCH CLAIMS  BE  SUBMITTED  TO
THE  OFFICE  ELECTRONICALLY  IN  THE  MANNER  AND FORMAT REQUIRED BY THE
OFFICE.
  (D) ANY MUNICIPALITY SUBMITTING CLAIMS FOR REIMBURSEMENT SHALL CERTIFY
TO THE OFFICE THAT SUPERVISION  AND  TREATMENT  SERVICES  FOR  JUVENILES
PROGRAM FUNDS WERE NOT USED TO SUPPLANT OTHER STATE AND LOCAL FUNDS, AND
SUCH  CLAIMS  FOR  REIMBURSEMENT  ARE NOT FOR THE SAME TYPE AND LEVEL OF
SERVICES THAT THE MUNICIPALITY PROVIDED UNDER ANY CONTRACT IN  EXISTENCE
ON  SEPTEMBER  THIRTIETH,  TWO  THOUSAND  TEN THAT WAS FUNDED OTHER THAN
THROUGH THE OFFICE OF CHILDREN AND FAMILY SERVICES AS COMMUNITY OPTIONAL
PREVENTIVE,  ALTERNATIVES  TO  DETENTION,  ALTERNATIVES  TO  RESIDENTIAL
PLACEMENT, PREVENTIVE, INDEPENDENT LIVING, OR AFTER CARE SERVICES.
  4. TWO OR MORE ELIGIBLE MUNICIPALITIES MAY JOIN TOGETHER TO ESTABLISH,
OPERATE  AND  MAINTAIN  SUPERVISION AND TREATMENT SERVICES FOR JUVENILES
PROGRAMS AND MAY MAKE AND PERFORM AGREEMENTS  IN  CONNECTION  THEREWITH.
SUCH  AGREEMENTS  SHALL INCLUDE PROVISIONS FOR THE PROPORTIONATE COST TO
BE BORNE BY EACH MUNICIPALITY  AND  FOR  THE  MANNER  OF  EMPLOYMENT  OF
PERSONNEL AND MAY PROVIDE THAT A FISCAL OFFICER OF ONE SUCH MUNICIPALITY
SHALL  BE THE CUSTODIAN OF THE MONEYS MADE AVAILABLE FOR EXPENDITURE FOR
SUCH PURPOSES BY ALL SUCH MUNICIPALITIES AND THAT  SUCH  FISCAL  OFFICER
MAY  MAKE PAYMENTS THEREFROM UPON AUDIT OF THE APPROPRIATE AUDITING BODY
OR OFFICER OF HIS MUNICIPALITY. IN MAKING CLAIMS FOR STATE REIMBURSEMENT
PURSUANT TO THIS SECTION, EACH MUNICIPALITY SHALL CLAIM FOR ITS  PROPOR-
TIONATE SHARE OF EXPENDITURES. HOWEVER, WHERE THE AGREEMENT PROVIDES FOR
A  DISBURSING MUNICIPALITY, SUCH DISBURSING MUNICIPALITY SHALL CLAIM FOR
THE TOTAL JOINT PROGRAM EXPENDITURES MADE AND SHALL DISBURSE  THE  STATE
REIMBURSEMENT  TO EACH PARTICIPATING MUNICIPALITY BASED UPON THE PROPOR-
TIONATE SHARE OF EACH PARTICIPATING MUNICIPALITY'S EXPENDITURES.
  S 4. Subdivisions 1, 2, 2-a, 3 and 4 of section 530 of  the  executive
law,  subdivisions  1,  3 and 4 as amended by chapter 880 of the laws of
1976, subdivision 2 as amended by chapter  920  of  the  laws  of  1982,

S. 2808                            115                           A. 4008

subdivision  2-a  as added and paragraph (a) of subdivision 4 as amended
by chapter 419 of the laws of 1987, the closing paragraph of subdivision
2-a as amended by chapter 465 of the laws of 1992, and paragraph (c)  of
subdivision  4  as added by chapter 169 of the laws of 1994, are amended
to read as follows:
  1. Definitions. As used in this section, the [terms "local charge" and
"state charge" shall have the meaning ascribed to  them  in  the  social
services  law] TERM "MUNICIPALITY" SHALL MEAN A COUNTY, OR A CITY HAVING
A POPULATION OF ONE MILLION OR MORE.
  2. Expenditures made by [social services districts] MUNICIPALITIES  in
providing care, maintenance and supervision to youth in detention facil-
ities  [designated  pursuant  to  sections seven hundred twenty-four and
305.2 of the family court act and certified by the division for  youth,]
shall  be  subject  to  reimbursement by the state [upon approval by the
division in accordance with its regulations], as follows:
  [(1) the full amount expended by the district  for  care,  maintenance
and supervision of state charges;
  (2) fifty percent of the amount expended for the care, maintenance and
supervision of local charges where counties conform with requirements of
subdivision B of section two hundred eighteen-a of the county law.
  2-a.  Expenditures  made  by  the  city of New York in providing care,
maintenance and supervision to youth detained pursuant to article  seven
of  the family court act in foster care facilities approved by the state
department of social services shall be subject to reimbursement  by  the
state upon the approval of the division, as follows:
  (1)  the  full  per  diem  rate  set by the state department of social
services for such programs for the care, maintenance and supervision  of
state charges;
  (2)  fifty percent of the per diem rate set by the state department of
social services for such programs for the care, maintenance  and  super-
vision  of local charges.  Notwithstanding the provisions of this subdi-
vision, section three hundred ninety-eight-a of the social services  law
shall  not  apply  to  facilities  certified by the division pursuant to
section five hundred three of this  chapter.]  (A)  NOTWITHSTANDING  ANY
PROVISION  OF  LAW  TO  THE CONTRARY, ELIGIBLE EXPENDITURES BY A MUNICI-
PALITY FOR THE CARE MAINTENANCE AND SUPERVISION IN SECURE AND NON-SECURE
DETENTION FACILITIES CERTIFIED BY THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  IN  ACCORDANCE WITH SECTION FIVE HUNDRED THREE OF THIS ARTICLE
PROVIDED DURING A PARTICULAR PROGRAM YEAR FOR THOSE YOUTH ALLEGED TO  BE
JUVENILE  DELINQUENTS;  ADJUDICATED  JUVENILE  DELINQUENTS  HELD PENDING
TRANSFER TO A FACILITY UPON PLACEMENT, AND JUVENILE DELINQUENTS HELD  AT
THE REQUEST OF THE OFFICE OF CHILDREN AND FAMILY SERVICES PENDING EXTEN-
SION  OF  PLACEMENT  HEARINGS  OR  RELEASE  REVOCATION HEARINGS OR WHILE
AWAITING DISPOSITION OF SUCH  HEARINGS;  AND  YOUTH  ALLEGED  TO  BE  OR
CONVICTED  AS JUVENILE OFFENDERS SHALL BE SUBJECT TO STATE REIMBURSEMENT
FOR UP TO FIFTY PERCENT OF THE MUNICIPALITY'S EXPENDITURES, EXCLUSIVE OF
ANY FEDERAL FUNDS MADE AVAILABLE FOR SUCH PURPOSES, NOT  TO  EXCEED  THE
MUNICIPALITY'S  DISTRIBUTION  FROM  FUNDS  THAT  HAVE  BEEN APPROPRIATED
SPECIFICALLY THEREFOR FOR THAT PROGRAM YEAR; PROVIDED, FURTHER, HOWEVER,
THAT COMMENCING JANUARY FIRST, TWO THOUSAND TWELVE, REIMBURSEMENT FROM A
MUNICIPALITY'S DISTRIBUTION FOR YOUTH ALLEGED TO BE JUVENILE DELINQUENTS
SHALL ONLY BE AVAILABLE FOR THOSE YOUTH WHO HAVE BEEN ASSESSED  PURSUANT
TO  A  DETENTION  RISK  ASSESSMENT  INSTRUMENT APPROVED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES AS HIGH RISK FOR: NOT APPEARING IN COURT ON
THE RETURN DATE; OR, BEFORE SUCH RETURN  DATE,  FOR  COMMITTING  AN  ACT
WHICH  IF COMMITTED BY AN ADULT WOULD CONSTITUTE A CRIME. MUNICIPALITIES

S. 2808                            116                           A. 4008

SHALL IMPLEMENT THE USE OF DETENTION RISK ASSESSMENT  INSTRUMENTS  IN  A
MANNER  PRESCRIBED  BY  THE  OFFICE SO AS TO INFORM DETENTION DECISIONS.
NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE  CONTRARY,  DATA
NECESSARY  FOR  COMPLETION OF A DETENTION RISK ASSESSMENT INSTRUMENT AND
CLAIMING  REIMBURSEMENT  FOR  DETENTION  SHALL  BE  SHARED  BETWEEN  LAW
ENFORCEMENT,  PROBATION, COURTS, DETENTION ADMINISTRATORS, AND DETENTION
PROVIDERS, AND A COPY OF THE COMPLETED DETENTION RISK ASSESSMENT INSTRU-
MENT SHALL BE MADE AVAILABLE TO THE APPLICABLE DETENTION PROVIDER.
  (B) THE STATE FUNDS APPROPRIATED FOR JUVENILE DETENTION SERVICES SHALL
BE DISTRIBUTED TO ELIGIBLE MUNICIPALITIES BY THE OFFICE OF CHILDREN  AND
FAMILY  SERVICES  BASED  ON  A  PLAN  DEVELOPED  BY THE OFFICE WHICH MAY
CONSIDER HISTORICAL INFORMATION REGARDING THE NUMBER OF  YOUTH  REMANDED
TO  DETENTION, THE MUNICIPALITY'S REDUCTION IN THE USE OF DETENTION, THE
MUNICIPALITY'S YOUTH POPULATION, AND OTHER FACTORS AS DETERMINED BY  THE
OFFICE.  SUCH  PLAN  DEVELOPED  BY  THE  OFFICE  SHALL BE SUBJECT TO THE
APPROVAL OF THE DIRECTOR OF THE BUDGET. THE OFFICE IS AUTHORIZED, IN ITS
DISCRETION, TO MAKE ADVANCE DISTRIBUTIONS TO A  MUNICIPALITY  IN  ANTIC-
IPATION OF STATE REIMBURSEMENT.
  (C)  A MUNICIPALITY MAY ALSO USE THE FUNDS DISTRIBUTED TO IT FOR JUVE-
NILE DETENTION SERVICES UNDER THIS SECTION FOR A PARTICULAR PROGRAM YEAR
FOR FIFTY PERCENT STATE  REIMBURSEMENT  FOR  SUPERVISION  AND  TREATMENT
SERVICES  FOR  JUVENILES  PROGRAMS PROVIDED DURING AN APPLICABLE PROGRAM
YEAR TO AT-RISK, ALLEGED OR ADJUDICATED JUVENILE DELINQUENTS IN COMMUNI-
TY-BASED NON-RESIDENTIAL SETTINGS THAT HAVE NOT OTHERWISE  BEEN  SUBJECT
TO  STATE REIMBURSEMENT UNDER SECTION FIVE HUNDRED TWENTY-NINE-B OF THIS
TITLE. ANY CLAIMS SUBMITTED BY  A  MUNICIPALITY  FOR  REIMBURSEMENT  FOR
DETENTION  SERVICES  OR SUPERVISION AND TREATMENT SERVICES FOR JUVENILES
PROVIDED DURING A PARTICULAR PROGRAM YEAR  FOR  WHICH  THE  MUNICIPALITY
DOES  NOT  RECEIVE  STATE REIMBURSEMENT FROM THE MUNICIPALITY'S DISTRIB-
UTION OF DETENTION SERVICES FUNDS FOR  THAT  PROGRAM  YEAR  MAY  NOT  BE
CLAIMED AGAINST THE MUNICIPALITY'S DISTRIBUTION OF FUNDS AVAILABLE UNDER
THIS  SECTION  FOR  THE  NEXT  APPLICABLE  PROGRAM  YEAR. THE OFFICE MAY
REQUIRE THAT SUCH CLAIMS BE SUBMITTED TO THE  OFFICE  ELECTRONICALLY  AT
SUCH TIMES AND IN THE MANNER AND FORMAT REQUIRED BY THE OFFICE.
  3. Wherever detention services are not provided directly or indirectly
by  a  [social  services  district] MUNICIPALITY, the [district] MUNICI-
PALITY shall act as the intermediary between the  [division]  OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES  and  the agency lawfully providing such
services, for the  purpose  of  claiming  and  receiving  reimbursement,
furnishing  financial  information  and  obtaining approval for reserved
accommodations pursuant to this section.
  4. (a) The [social services districts] MUNICIPALITY  must  notify  the
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES of state aid
received  under  other  state  aid formulas by each detention facility[,
and, in the city of New York, by each  foster  care  facility  which  is
providing  care,  maintenance  and supervision] for which the [district]
MUNICIPALITY is seeking reimbursement pursuant to this section,  includ-
ing  but  not limited to, aid for education, probation and mental health
services.
  (b) In computing reimbursement  to  the  [social  services  districts]
MUNICIPALITY  pursuant  to  this  section,  the  [division] OFFICE shall
insure that the aggregate of state aid  under  all  state  aid  formulas
shall  not  exceed  fifty  percent  of the cost of care, maintenance and
supervision provided TO detainees ELIGIBLE FOR STATE REIMBURSEMENT UNDER
SUBDIVISION TWO OF THIS SECTION,  exclusive  of  federal  aid  for  such

S. 2808                            117                           A. 4008

purposes  NOT  TO  EXCEED  THE AMOUNT OF THE MUNICIPALITY'S DISTRIBUTION
UNDER THE JUVENILE DETENTION SERVICES PROGRAM.
  (c)  Reimbursement  for administrative related expenditures as defined
by the [director of the division for youth] OFFICE OF CHILDREN AND FAMI-
LY SERVICES, for secure  and  nonsecure  detention  services  shall  not
exceed  seventeen percent of the total approved expenditures for facili-
ties of twenty-five beds or more and shall not exceed twenty-one percent
of the total approved expenditures for facilities with less  than  twen-
ty-five beds.
  S  5.  Subparagraphs  1, 2 and 4 of paragraph (a) and paragraph (b) of
subdivision 5 of section 530 of the executive law, as amended by chapter
920 of the laws of 1982, subparagraph 4 of paragraph  (a)  as  added  by
chapter 419 of the laws of 1987, are amended to read as follows:
  (1) temporary care, maintenance and supervision provided alleged juve-
nile  delinquents  [and  persons  in  need  of supervision] in detention
facilities certified pursuant to  [sections  seven  hundred  twenty-four
and]  SECTION  305.2 of the family court act by the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES, pending adjudication of  alleged
delinquency  [or  alleged  need  of supervision] by the family court, or
pending transfer to institutions to which committed or  placed  by  such
court  or while awaiting disposition by such court after adjudication or
held pursuant to a securing order of a  criminal  court  if  the  person
named therein as principal is under sixteen; or,
  (2)  temporary  care,  maintenance  and  supervision provided juvenile
delinquents [and persons in need of supervision] in  approved  detention
facilities at the request of the [division for youth] OFFICE OF CHILDREN
AND  FAMILY SERVICES pending release revocation hearings or while await-
ing disposition after such hearings; or
  [(4)  temporary  care,  maintenance  and  supervision  provided  youth
detained  in  the city of New York in foster care facilities pursuant to
article seven of the family court act.]
  (b) Payments made for reserved accommodations, whether or not in  full
time  use,  approved  by the [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES and certified pursuant to [sections seven hundred  twen-
ty-four  and]  SECTION 305.2 of the family court act, in order to assure
that adequate accommodations will be available for the immediate  recep-
tion  and  proper  care  therein  of youth for which detention costs are
reimbursable pursuant to paragraph (a) of  this  subdivision,  shall  be
reimbursed  as  expenditures  for  care, maintenance and supervision [of
local charges] under the provisions of this section, provided the [divi-
sion] OFFICE shall have given its  prior  approval  for  reserving  such
accommodations.
  S  6.  Subdivisions  7  and  8 of section 530 of the executive law are
REPEALED and subdivision 9, as added by section 2 of part C  of  chapter
83  of the laws of 2002, is renumbered subdivision 7 and amended to read
as follows:
  7. The agency administering detention for each county and the city  of
New  York shall submit to the office of children and family services, AT
SUCH TIMES AND in such form and manner AND CONTAINING  SUCH  INFORMATION
as required by the office of children and family services, [a quarterly]
AN  ANNUAL report on youth remanded pursuant to article three [or seven]
of the family court act who are detained [for forty-five days or more in
any twelve month period] DURING EACH CALENDAR YEAR INCLUDING, COMMENCING
JANUARY FIRST, TWO THOUSAND TWELVE, THE  RISK  LEVEL  OF  EACH  DETAINED
YOUTH  AS ASSESSED BY A DETENTION RISK ASSESSMENT INSTRUMENT APPROVED BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE OFFICE MAY REQUIRE  THAT

S. 2808                            118                           A. 4008

SUCH  DATA  ON  DETENTION USE BE SUBMITTED TO THE OFFICE ELECTRONICALLY.
Such report shall include, but not be limited to[:], the reason for  the
court's determination in accordance with section 320.5 [or seven hundred
thirty-nine] of the family court act to detain the youth; the offense or
offenses  with which the youth is charged; and all other reasons why the
youth remains detained. [Detention agencies shall submit each  quarterly
report  to  the  office within thirty days of the end of the quarter and
the office shall submit a compilation of all of the separate reports for
the quarter to the governor and the legislature within  forty-five  days
of  the  end  of the quarter. The first quarterly report shall cover the
last quarter of two thousand two.]
  S 7. Subdivision (c) of section 531 of the executive law, as added  by
chapter 43 of the laws of 1978, is amended to read as follows:
  (c)  expenditures made by each [such social services district] MUNICI-
PALITY for the care, maintenance and supervision of youths in secure and
non-secure detention for which reimbursement  is  approved  pursuant  to
section five hundred thirty of this [chapter, or for which reimbursement
is  due  to  the  state  pursuant  to subdivision seven of such section]
TITLE, including  the  numbers  of  such  youths  in  each  category  of
detention facility and the per diem rates charged.
  S  8. Paragraphs (iv) and (v) of subdivision (a) of section 213 of the
family court act, as amended by chapter 920 of the  laws  of  1982,  are
amended to read as follows:
  (iv)  the  number  of  children released and the number detained under
[sections seven hundred twenty-eight and] SECTION 307.4;
  (v) the number of alleged juvenile delinquents released and the number
detained under section 320.5 [and the number of alleged persons in  need
of  supervision  released and detained under section seven hundred thir-
ty-nine,] and the duration of the detention [in both groups];
  S 9. Paragraph (b) of subdivision 3 of section  320.5  of  the  family
court act, as added by section 1 of part DD of chapter 57 of the laws of
2008, is amended to read as follows:
  (b)  Any finding directing detention pursuant to paragraph (a) of this
subdivision made by the court shall state the facts, THE LEVEL  OF  RISK
THE  YOUTH  WAS ASSESSED PURSUANT TO A DETENTION RISK ASSESSMENT INSTRU-
MENT APPROVED BY THE OFFICE OF CHILDREN AND  FAMILY  SERVICES,  and  THE
reasons  for such finding INCLUDING, IF A DETERMINATION IS MADE TO PLACE
A YOUTH IN DETENTION WHO WAS ASSESSED AT A LOW OR MEDIUM RISK ON SUCH  A
RISK  ASSESSMENT  INSTRUMENT,  THE  PARTICULAR REASONS WHY DETENTION WAS
DETERMINED TO BE NECESSARY.
  S 10. Subdivisions (b), (c) and (d) of section 712 and  sections  720,
727, 728, 729, 739, 747 and 748 of the family court act are REPEALED.
  S 11. Subdivision (a) and paragraphs (iii) and (iv) of subdivision (b)
of  section 735 of the family court act, as added by section 7 of part E
of chapter 57 of the laws of 2005, are amended to read as follows:
  (a) Each county and any city having a population  of  one  million  or
more  shall offer diversion services as defined in section seven hundred
twelve of this article to youth who are at risk of being the subject  of
a  person  in  need  of  supervision  petition.  Such  services shall be
designed to provide an immediate response  to  families  in  crisis,  to
identify   and  utilize  appropriate  [alternatives  to  detention  and]
SERVICES AND PROGRAMS to divert youth from being the subject of a  peti-
tion  in  family court. Each county and such city shall designate either
the local social services district or the probation department  as  lead
agency for the purposes of providing diversion services.

S. 2808                            119                           A. 4008

  (iii)  assess whether the youth would benefit from residential respite
services[; and
  (iv)  determine  whether  alternatives to detention are appropriate to
avoid remand of the youth to detention].
  S 12. Paragraph (a) of subdivision 2 of  section  754  of  the  family
court  act,  as  amended by chapter 7 of the laws of 1999, is amended to
read as follows:
  (a) The order shall state  the  court's  reasons  for  the  particular
disposition.  If  the  court places the child in accordance with section
seven hundred fifty-six of this part,  the  court  in  its  order  shall
determine: (i) whether continuation in the child's home would be contra-
ry to the best interest of the child and where appropriate, that reason-
able  efforts  were  made prior to the date of the dispositional hearing
held pursuant to this article to  prevent  or  eliminate  the  need  for
removal  of the child from his or her home and, if the child was removed
from his or her home prior to  the  date  of  such  hearing,  that  such
removal was in the child's best interest and, where appropriate, reason-
able efforts were made to make it possible for the child to return safe-
ly  home.  If the court determines that reasonable efforts to prevent or
eliminate the need for removal of the child from the home were not  made
but  that  the  lack  of  such efforts was appropriate under the circum-
stances, the court order shall include such a finding; and (ii)  in  the
case  of a child who has attained the age of sixteen, the services need-
ed, if any, to assist the child to make the transition from foster  care
to  independent  living. [Nothing in this subdivision shall be construed
to modify the standards for directing detention  set  forth  in  section
seven hundred thirty-nine of this article.]
  S  13.  Subdivision  (c)  of  section  756  of the family court act is
REPEALED and subdivision (b), as amended by chapter 7  of  the  laws  of
1999, is amended to read as follows:
  (b)  Placements  under  this  section  may be for an initial period of
twelve months. The court may extend  a  placement  pursuant  to  section
seven  hundred  fifty-six-a.  In its discretion, the court may recommend
restitution or require services for  public  good  pursuant  to  section
seven  hundred  fifty-eight-a in conjunction with an order of placement.
For the purposes of calculating the initial period  of  placement,  such
placement  shall  be  deemed to have commenced sixty days after the date
the child was removed from his  or  her  home  in  accordance  with  the
provisions  of  this  article.  [If the respondent has been in detention
pending disposition, the initial period of placement ordered under  this
section  shall  be  credited  with  and diminished by the amount of time
spent by the respondent in detention prior to the  commencement  of  the
placement  unless  the court finds that all or part of such credit would
not serve the best interests of the respondent.]
  S 14. Section 774 of the family  court  act  is  amended  to  read  as
follows:
  S 774. Action on petition for transfer.  On receiving a petition under
section  seven  hundred  seventy-three,  the  court  may  proceed  under
sections seven hundred thirty-seven, OR seven hundred  thirty-eight  [or
seven  hundred thirty-nine] with respect to the issuance of a summons or
warrant [and sections seven hundred twenty-seven and seven hundred twen-
ty-nine govern questions of detention and failure to comply with a prom-
ise to appear]. Due notice of the petition and a copy  of  the  petition
shall also be served personally or by mail upon the office of the local-
ity  chargeable  for  the  support  of  the person involved and upon the
person involved and his parents and other persons.

S. 2808                            120                           A. 4008

  S 15. Subdivision 12 of section 153 of  the  social  services  law  is
REPEALED.
  S  16.  Subdivision  12  of section 398 of the social services law, as
added by chapter 419 of the laws of 1987, is amended to read as follows:
  12. A social services official shall be  permitted  to  place  persons
adjudicated  in need of supervision or delinquent[, and in cities having
a population of one million or more alleged persons to  be  in  need  of
supervision  and persons adjudicated in need of supervision in detention
pending transfer to a placement,] in the same foster care facilities  as
are  providing  care  to destitute, neglected, abused or abandoned chil-
dren. Such foster care facilities shall not provide care to a  youth  in
the care of a social services official as a convicted juvenile offender.
  S 17. The section heading, opening paragraph and paragraph 2 of subdi-
vision  A  and  subdivisions B and C of section 218-a of the county law,
the section heading as amended by chapter 880 of the laws of  1976,  the
opening paragraph of subdivision A as amended by chapter 465 of the laws
of  1992,  paragraph 2 of subdivision A as amended by chapter 555 of the
laws of 1978, subdivision B as amended by chapter 419  of  the  laws  of
1987 and subdivision C as added by section 12 of part E of chapter 57 of
the laws of 2005, are amended to read as follows:
  County  detention  facilities for [juvenile delinquents and persons in
need of supervision] JUVENILES.
  To assure that suitable and conveniently accessible accommodations and
proper and adequate detention in secure and non-secure detention facili-
ties, as defined in section five hundred two of the  executive  law  and
the regulations of the [division for youth] OFFICE OF CHILDREN AND FAMI-
LY  SERVICES,  will  be  available when required for the temporary care,
maintenance and security of alleged and  convicted  juvenile  offenders,
AND  alleged and adjudicated juvenile delinquents [and alleged and adju-
dicated persons in need of  supervision].  Such  regulations  shall  not
require  any  county  to  provide  temporary  care in a secure detention
facility for residents of any other county except upon a space available
basis. The county executive, if there be one,  otherwise  the  board  of
supervisors  shall designate the agency of county government responsible
for the administration of the  county  juvenile  detention  program  and
shall  so advise the [New York state division for youth] OFFICE OF CHIL-
DREN AND FAMILY SERVICES, and may make provisions therefor as follows:
  2. Authorize a contract between its county and one or more other coun-
ties, which is or are  operating  a  conveniently  accessible  detention
facility  certified  by  the [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES and in compliance with regulations of the [division  for
youth]  OFFICE, providing for the reception, temporary accommodation and
care in such facility of alleged  or  adjudicated  juvenile  delinquents
[and persons in need of supervision] held for or at the direction of its
family court, for and in consideration of the payments to be made there-
for, on a per capita basis, pursuant to the terms of such contract.
  B.  Notwithstanding any other provision of law, each board of supervi-
sors shall provide or assure the availability of conveniently accessible
and adequate non-secure detention facilities, certified  by  the  [state
division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, as resources
for  the  family  court  in  the county pursuant to [articles seven and]
ARTICLE three of the family court act, to be operated in compliance with
the regulations of the [division for youth]  OFFICE  for  the  temporary
care  and  maintenance  of  alleged and adjudicated juvenile delinquents
[and persons in need of supervision] held for or at the direction  of  a
family court.

S. 2808                            121                           A. 4008

  C.  Each  county shall offer diversion services to children who are at
risk of being the subject of a petition under article seven of the fami-
ly court act. Such services shall be designed to  provide  an  immediate
response  to  families in crisis and to identify and utilize appropriate
[alternatives to juvenile detention] SERVICES.
  S  18.  This  act shall take effect July 1, 2011; provided, however, a
person held in a detention  facility  or,  in  the  city  of  New  York,
remanded  to  a foster care facility, pursuant to articles 3 or 7 of the
family court act prior to the  effective  date  of  this  act  shall  be
governed by the provisions of law in effect at the time that such person
was  detained  or remanded; and provided, further, however, section nine
of this act shall take effect January 1, 2012.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Subparts A and B of this act  shall  be
as specifically set forth in the last section of such Subparts.

                                 PART R

  Section  1.  Paragraph  (f)  of  subdivision 1 of section 424-a of the
social services law, as amended by chapter 441 of the laws of  1993,  is
amended to read as follows:
  (f)  The  [department]  OFFICE  OF  CHILDREN AND FAMILY SERVICES shall
charge a fee of [five] SIXTY dollars when[, pursuant to  regulations  of
the  department,]  it conducts a search of its records within the state-
wide central register for child abuse or maltreatment in accordance with
this section or regulations of  the  [department]  OFFICE  to  determine
whether  an  applicant  for employment [as specified in paragraph (b) of
this subdivision]  is  the  subject  of  an  indicated  child  abuse  or
maltreatment report[, except that fees shall not be charged for requests
for screenings related to applications for] INCLUDING AN APPLICANT TO BE
A  child  day  care  [providers  or  for  employment with child day care
providers including requests] PROVIDER AND A REQUEST  made  pursuant  to
subdivision six of this section.  Such fees shall be deposited in [an] A
SPECIAL  REVENUE  -  OTHER  account  and  shall be made available to the
[department] OFFICE for costs incurred in  the  implementation  of  this
section.  [Procedures  for  payment of such fees shall be established by
the regulations of the department.]
  S 2. This act shall take effect immediately and  shall  apply  to  any
request for a search of the records of the statewide central register of
child  abuse  or maltreatment that is received by the office of children
and family services on or after April 1, 2011.

                                 PART S

  Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
section  131-o  of  the  social services law, as amended by section 1 of

S. 2808                            122                           A. 4008

part I of chapter 58 of the  laws  of  2010,  are  amended  to  read  as
follows:
  (a)  in  the  case of each individual receiving family care, an amount
equal to at least $130.00 for each month beginning on or  after  January
first, two thousand [ten] ELEVEN.
  (b)  in  the  case  of  each individual receiving residential care, an
amount equal to at least $150.00 for each month beginning  on  or  after
January first, two thousand [ten] ELEVEN.
  (c)  in  the  case  of  each individual receiving enhanced residential
care, an amount equal to at least $178.00 for each month beginning on or
after January first, two thousand [ten] ELEVEN.
  (d) for the period commencing January  first,  two  thousand  [eleven]
TWELVE, the monthly personal needs allowance shall be an amount equal to
the  sum  of  the amounts set forth in subparagraphs one and two of this
paragraph:
  (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
subdivision; and
  (2)  the  amount  in subparagraph one of this paragraph, multiplied by
the percentage of any  federal  supplemental  security  income  cost  of
living adjustment which becomes effective on or after January first, two
thousand  [eleven]  TWELVE,  but  prior  to June thirtieth, two thousand
[eleven] TWELVE, rounded to the nearest whole dollar.
  S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
section  209 of the social services law, as amended by section 2 of part
I of chapter 58 of the laws of 2010, are amended to read as follows:
  (a) On and after January first, two  thousand  [ten]  ELEVEN,  for  an
eligible  individual  living  alone, $761.00; and for an eligible couple
living alone, $1115.00.
  (b) On and after January first, two  thousand  [ten]  ELEVEN,  for  an
eligible  individual  living with others with or without in-kind income,
$697.00; and for an eligible couple living with others with  or  without
in-kind income, $1057.00.
  (c)  On and after January first, two thousand [ten] ELEVEN, (i) for an
eligible individual receiving family care,  $940.48  if  he  or  she  is
receiving  such  care  in  the city of New York or the county of Nassau,
Suffolk, Westchester or  Rockland;  and  (ii)  for  an  eligible  couple
receiving  family  care in the city of New York or the county of Nassau,
Suffolk, Westchester or Rockland, two times  the  amount  set  forth  in
subparagraph  (i) of this paragraph; or (iii) for an eligible individual
receiving such care in any other county in the state, $902.48; and  (iv)
for  an  eligible  couple receiving such care in any other county in the
state, two times the amount set forth  in  subparagraph  (iii)  of  this
paragraph.
  (d)  On and after January first, two thousand [ten] ELEVEN, (i) for an
eligible individual receiving residential care, $1109.00 if he or she is
receiving such care in the city of New York or  the  county  of  Nassau,
Suffolk,  Westchester  or  Rockland;  and  (ii)  for  an eligible couple
receiving residential care in the city of New  York  or  the  county  of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual  receiving such care in any other county in the state, $1079.00; and
(iv) for an eligible couple receiving such care in any other  county  in
the  state, two times the amount set forth in subparagraph (iii) of this
paragraph.
  (e) (i) On and after January first, two thousand [ten] ELEVEN, for  an
eligible  individual  receiving enhanced residential care, $1368.00; and

S. 2808                            123                           A. 4008

(ii) for an eligible couple receiving  enhanced  residential  care,  two
times the amount set forth in subparagraph (i) of this paragraph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision  shall  be  increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which  become
effective  on  or  after January first, two thousand [eleven] TWELVE but
prior to June thirtieth, two thousand [eleven] TWELVE.
  S 3. This act shall take effect December 31, 2011.

                                 PART T

  Section 1. Subdivision 1 of section 341 of the social services law, as
amended by section 1 of part D of chapter 61 of the  laws  of  2006,  is
amended to read as follows:
  1.  (a) Consistent with federal law and regulations and this title, if
a participant has failed or refused to comply with the  requirements  of
this  title,  the social services district shall issue a notice in plain
language indicating that such failure or refusal has  taken  place,  THE
EFFECT  OF  SUCH  NONCOMPLIANCE  ON  THE PARTICIPANT'S PUBLIC ASSISTANCE
BENEFITS, and of the  right  of  such  participant  to  conciliation  to
resolve  the  reasons  for  such  failure or refusal to avoid a pro-rata
reduction OR DISCONTINUANCE in public assistance benefits for  a  period
of  time set forth in section three hundred forty-two of this title. The
notice shall indicate the specific  instance  or  instances  of  willful
refusal or failure to comply without good cause with the requirements of
this  title and the necessary actions that must be taken to avoid a pro-
rata reduction OR DISCONTINUANCE  in  public  assistance  benefits.  The
notice  shall  indicate  that  the  participant  has [seven] TEN days to
request conciliation with the district regarding such failure or refusal
[in the case of a safety net participant and ten days in the case  of  a
family  assistance participant]. PROVIDED, HOWEVER, THAT FOR A MEMBER OF
A HOUSEHOLD WITH DEPENDENT CHILDREN WHO DOES NOT REQUEST A  CONCILIATION
CONFERENCE WITHIN THE TEN DAY PERIOD, THE LOCAL SOCIAL SERVICES DISTRICT
SHALL  MAKE  AN  ADDITIONAL EFFORT TO CONTACT THE HOUSEHOLD, INCLUDING A
REASONABLE ATTEMPT FOR TELEPHONE CONTACT, TO OFFER CONCILIATION  AND  TO
INDICATE  THAT THE PARTICIPANT HAS TEN DAYS TO REQUEST CONCILIATION. The
notice shall also include an explanation in plain language of what would
constitute good cause for  non-compliance  and  examples  of  acceptable
forms  of  evidence  that may warrant an exemption from work activities,
including evidence of domestic violence, and physical or  mental  health
limitations  that  may  be  provided  at  the conciliation conference to
demonstrate such good cause for failure to comply with the  requirements
of  this  title.   SUCH NOTICE SHALL ALSO INCLUDE INFORMATION TO EXPLAIN
THE BENEFITS OF COMPLIANCE, INCLUDING  THE  AVAILABILITY  OF  GUARANTEED
CHILD  CARE  BENEFITS.  If the participant does not contact the district
within the specified number of days, the district shall issue  ten  days
notice  of intent to discontinue or reduce assistance, pursuant to regu-
lations of the department. Such notice shall also include a statement of
the participant's right to a fair hearing relating  to  such  discontin-
uance  or  reduction.  If  such participant contacts the district within
[seven days in the case of a safety net participant or within  ten  days
in  the case of a family assistance participant] THE SPECIFIED NUMBER OF
DAYS, it will be the responsibility of the participant to  give  reasons
for such failure or refusal.
  (b)  Unless  the  district determines as a result of such conciliation
process that such failure or refusal was willful and  was  without  good

S. 2808                            124                           A. 4008

cause, no further action shall be taken. If the district determines that
such failure or refusal was willful and without good cause, the district
shall  notify  such  participant  in writing, in plain language and in a
manner  distinct from any previous notice, by issuing ten days notice of
its intent to  discontinue  or  reduce  assistance.  Such  notice  shall
include  the  reasons  for  such determination, the specific instance or
instances of willful refusal or failure to  comply  without  good  cause
with  the requirements of this title, the necessary actions that must be
taken to avoid a pro-rata reduction OR DISCONTINUANCE in public  assist-
ance  benefits, and the right to a fair hearing relating to such discon-
tinuance or reduction.  Unless  extended  by  mutual  agreement  of  the
participant  and the district, conciliation shall terminate and a deter-
mination shall be made within [fourteen]  THIRTY  days  of  the  date  a
request  for  conciliation  is made [in the case of a safety net partic-
ipant or within thirty days of the conciliation notice in the case of  a
family assistance participant].
  S  2.  Subdivision  5  of  section  341  of the social services law is
REPEALED and subdivision 6 is renumbered subdivision 5.
  S 3. Subdivisions 2 and 3 of section 342 of the social  services  law,
as  added  by  section 148 of part B of chapter 436 of the laws of 1997,
are amended to read as follows:
  2. [In] NOTWITHSTANDING  SUBDIVISION  EIGHT  OF  SECTION  ONE  HUNDRED
FIFTY-THREE  OF THIS ARTICLE, IN the case of an applicant for or recipi-
ent of public assistance [who is a parent or caretaker  of  a  dependent
child], the public assistance benefits otherwise available to the house-
hold of which such individual is a member shall be [reduced pro-rata]:
  (a) REDUCED PRO-RATA for the first instance of failure to comply with-
out good cause with the requirement of this article until the individual
is willing to comply;
  (b)  TERMINATED  AND CASE CLOSED for the second instance of failure to
comply without good cause with the requirements of this article[, for  a
period  of  three months and thereafter] until the individual is willing
to comply;
  (c) TERMINATED AND CASE  CLOSED  for  the  third  and  all  subsequent
instances  of failure to comply without good cause with the requirements
of this article, for a period of six months [and  thereafter]  OR  until
the individual is willing to comply, WHICHEVER PERIOD IS LONGER.
  3.  [In the case of an individual who is a member of a household with-
out dependent children applying for or in receipt of safety net  assist-
ance the public assistance benefits otherwise available to the household
of which such individual is a member shall be reduced pro-rata:
  (a)  for  the  first  such  failure  or  refusal, until the failure or
refusal ceases or ninety days, which ever period of time is longer;
  (b) for the second such failure or refusal, until the  failure  ceases
or for one hundred fifty days, whichever period of time is longer; and
  (c)  for the third and all subsequent such failures or refusals, until
the failure ceases or one hundred eighty days, whichever period of  time
is  longer.]  WITH RESPECT TO THE SANCTIONS SET FORTH IN SUBDIVISION TWO
OF THIS SECTION, IF THE INDIVIDUAL COMPLIES WITH THE REQUIREMENT OF THIS
ARTICLE WITHIN THE SIX-MONTH MINIMUM SANCTION  DURATIONS  SET  FORTH  IN
PARAGRAPH  (C)  OF  SUBDIVISION  TWO OF THIS SECTION THE HOUSEHOLD SHALL
RECEIVE A PRO-RATA REDUCED  GRANT  FOR  THE  REMAINING  MINIMUM  PERIOD.
CONTINUED  COMPLIANCE AFTER THE MINIMUM DURATION SHALL RESTORE THE GRANT
TO THE FULL AMOUNT.
  S 4. The office of temporary and disability assistance,  in  consulta-
tion  with  the  office  of children and family services, shall submit a

S. 2808                            125                           A. 4008

report to the chairperson of the senate finance  committee,  the  chair-
person of the assembly ways and means committee, and the director of the
division  of  budget  on  the implementation of the full family sanction
policy.  Such  report  shall include the number of sanctioned cases that
had their case closed due to the new sanction policy, the monthly  bene-
fit of those sanctioned cases that had their cases closed and the number
of  sanctioned  cases  involving  case  closure  that  subsequently were
reopened upon demonstrated willingness to comply with work requirements.
Such report shall also determine if there were child  welfare  referrals
made  since  October,  1,  2011 that were a function of the new sanction
policy. This report shall be submitted by December 31, 2012.
  S 5. This act shall take effect October 1, 2011 and  shall  expire  on
September 30, 2013, when upon such date the provisions of this act shall
be deemed repealed.

                                 PART U

  Section  1.  Paragraph  (a-2) of subdivision 2 of section 131-a of the
social services law, as added by section 1 of part Y of  chapter  57  of
the laws of 2009, is amended to read as follows:
  (a-2) For the period beginning July first, two thousand ten and ending
June  thirtieth,  two  thousand  [eleven] TWELVE, the following schedule
shall be the standard of monthly need for  determining  eligibility  for
all categories of assistance in and by all social services districts:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    $141        $225        $300        $386        $477        $551
  For  each  additional  person in the household there shall be added an
additional amount of seventy-five dollars monthly.
  S 2. Paragraph (a-3) of subdivision 2 of section 131-a of  the  social
services  law, as added by section 1 of part Y of chapter 57 of the laws
of 2009, is amended to read as follows:
  (a-3) For the period  beginning  July  first,  two  thousand  [eleven]
TWELVE  and  thereafter, the following schedule shall be the standard of
monthly need for determining eligibility for all categories  of  assist-
ance in and by all social services districts:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    $158        $252        $335        $432        $533        $616
  For  each  additional  person in the household there shall be added an
additional amount of eighty-four dollars monthly.
  S 3. Paragraph (a-2) of subdivision 3 of section 131-a of  the  social
services  law, as added by section 2 of part Y of chapter 57 of the laws
of 2009, is amended to read as follows:
  (a-2) For the period beginning July first, two thousand ten and ending
June thirtieth, two  thousand  [eleven]  TWELVE,  persons  and  families
determined  to  be  eligible  by the application of the standard of need
prescribed by the provisions of subdivision two of  this  section,  less
any  available  income  or resources which are not required to be disre-
garded by other provisions of this chapter, shall receive maximum month-
ly grants and allowances in all social services districts, in accordance
with the following schedule, for public assistance:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    $141        $225        $300        $386        $477        $551

S. 2808                            126                           A. 4008

  For each additional person in the household there shall  be  added  an
additional amount of seventy-five dollars monthly.
  S  4.  Paragraph (a-3) of subdivision 3 of section 131-a of the social
services law, as added by section 2 of part Y of chapter 57 of the  laws
of 2009, is amended to read as follows:
  (a-3)  For  the  period  beginning  July  first, two thousand [eleven]
TWELVE and thereafter, persons and families determined to be eligible by
the application of the standard of need prescribed by the provisions  of
subdivision  two of this section, less any available income or resources
which are not required to be disregarded by  other  provisions  of  this
chapter,  shall  receive  maximum  monthly  grants and allowances in all
social services districts, in accordance with  the  following  schedule,
for public assistance:
                     Number of Persons in Household
    One         Two         Three       Four        Five        Six
    $158        $252        $335        $432        $533        $616
  For  each  additional  person in the household there shall be added an
additional amount of eighty-four dollars monthly.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART V

  Section  1.  Article  16 and article 17 of the private housing finance
law are REPEALED.
  S 2. The private housing finance law is amended by adding a new  arti-
cle 27 to read as follows:
                              ARTICLE XXVII
               NEIGHBORHOOD AND RURAL PRESERVATION PROGRAM
SECTION 1230. PURPOSE.
        1231. DEFINITIONS.
        1232. PROGRAM CONTRACTS.
        1233. RULES AND REGULATIONS.
        1234. RELATIONSHIP TO OTHER LAWS.
  S  1230.  PURPOSE.  THERE  CONTINUE TO EXIST IN ALL AREAS OF THE STATE
SIGNIFICANT UNMET HOUSING NEEDS OF PERSONS AND FAMILIES OF  LOW  INCOME,
NUMEROUS  HOUSING  UNITS WHICH ARE DETERIORATING OR IN NEED OF REHABILI-
TATION OR IMPROVEMENT, AND RELATED  FACTORS  DEMONSTRATING  A  NEED  FOR
ATTENTION  TO  HOUSING  PRESERVATION AND COMMUNITY REVITALIZATION. IT IS
THE PURPOSE OF THIS ARTICLE TO ESTABLISH A NEIGHBORHOOD AND RURAL  PRES-
ERVATION PROGRAM WITHIN THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
  S 1231. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE STATE DIVISION OF
HOUSING AND COMMUNITY RENEWAL.
  2.  "DIVISION"  SHALL MEAN THE STATE DIVISION OF HOUSING AND COMMUNITY
RENEWAL.
  3. "NEIGHBORHOOD OR RURAL PRESERVATION CORPORATIONS" SHALL MEAN CORPO-
RATIONS ORGANIZED UNDER THE PROVISIONS OF THE NOT-FOR-PROFIT CORPORATION
LAW THAT HAVE BEEN ENGAGED PRIMARILY IN HOUSING PRESERVATION AND  COMMU-
NITY RENEWAL ACTIVITIES AS DEFINED IN SUBDIVISION SIX OF THIS SECTION.
  4. "ELIGIBLE APPLICANT" SHALL MEAN ANY NEIGHBORHOOD OR RURAL PRESERVA-
TION CORPORATION OR COMBINATION OF CORPORATIONS IN EXISTENCE FOR A PERI-
OD OF ONE OR MORE YEARS PRIOR TO APPLICATION.
  5. "REGION" SHALL MEAN ANY NEIGHBORHOOD OR RURAL AREA WITHIN THE STATE
SUCH  AS  A COUNTY, CITY, TOWN, VILLAGE, POSTAL ZONE, OR CENSUS TRACT OR
ANY SPECIFIED PART OR COMBINATION THEREOF OR AS  OTHERWISE  APPROVED  BY

S. 2808                            127                           A. 4008

THE  COMMISSIONER,  WITHIN  WHICH  HOUSING  PRESERVATION  AND  COMMUNITY
RENEWAL ACTIVITIES FUNDED IN PART PURSUANT TO THIS  ARTICLE  ARE  TO  BE
CARRIED OUT.
  6.  "HOUSING  PRESERVATION  AND COMMUNITY RENEWAL ACTIVITIES" INCLUDE:
(A) THE NEW CONSTRUCTION OR THE ACQUISITION, MAINTENANCE,  PRESERVATION,
REPAIR,  REHABILITATION OR OTHER IMPROVEMENT OF VACANT OR OCCUPIED HOUS-
ING ACCOMMODATIONS; DEMOLITION OR SEALING  OF  VACANT  STRUCTURES  WHERE
NECESSARY OR APPROPRIATE; DISPOSITION OF HOUSING ACCOMMODATIONS TO PRES-
ENT  OR  POTENTIAL  OCCUPANTS OR CO-OPERATIVE ORGANIZATIONS; TRAINING OR
OTHER FORMS OF ASSISTANCE TO OCCUPANTS OF  HOUSING  ACCOMMODATIONS;  AND
MANAGEMENT OF HOUSING ACCOMMODATIONS AS AGENT FOR THE OWNERS, RECEIVERS,
ADMINISTRATORS  OR  MUNICIPALITIES; AND (B) ACTIVITIES, SIMILAR TO THOSE
SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION, AIMED  AT  ACCOMPLISHING
SIMILAR  PURPOSES  AND  MEETING SIMILAR NEEDS WITH RESPECT TO RETAIL AND
SERVICE ESTABLISHMENTS WITHIN A REGION WHEN CARRIED  OUT  IN  CONNECTION
WITH AND INCIDENTAL TO A PROGRAM OF HOUSING RELATED ACTIVITIES.
  7.  "PERSONS  OF LOW INCOME" SHALL MEAN INDIVIDUALS AND FAMILIES WHOSE
ANNUAL INCOMES DO NOT EXCEED NINETY PER CENT OF THE MEDIAN ANNUAL INCOME
FOR ALL RESIDENTS OF THE REGION WITHIN WHICH THEY  RESIDE  OR  A  LARGER
AREA  ENCOMPASSING  SUCH  REGION  FOR  WHICH MEDIAN ANNUAL INCOME CAN BE
DETERMINED.
  S 1232. PROGRAM CONTRACTS. 1. IN ORDER TO BE ELIGIBLE TO RECEIVE FUNDS
PURSUANT TO THIS ARTICLE, AN ELIGIBLE APPLICANT SHALL SUBMIT A  PROPOSAL
BASED ON CRITERIA AS DETERMINED BY THE COMMISSIONER.
  2.  WITHIN  THE LIMIT OF FUNDS AVAILABLE IN THE NEIGHBORHOOD AND RURAL
PRESERVATION APPROPRIATION, THE DIVISION MAY ENTER INTO  CONTRACTS  WITH
CORPORATIONS  TO  PROVIDE  HOUSING  PRESERVATION  AND  COMMUNITY RENEWAL
ACTIVITIES.
  3.  IN DETERMINING WHETHER TO ENTER INTO A CONTRACT WITH  A  NEIGHBOR-
HOOD  OR RURAL PRESERVATION CORPORATION OR CORPORATIONS PURSUANT TO THIS
ARTICLE, THE COMMISSIONER SHALL DETERMINE THAT THE DEMOGRAPHIC AND OTHER
RELEVANT DATA PERTAINING TO A REGION AS SPECIFIED IN THE CONTRACT  INDI-
CATE  THAT  SUCH  REGION  CONTAINS  SIGNIFICANT  UNMET  HOUSING NEEDS OF
PERSONS OF LOW INCOME, THAT THE HOUSING STOCK OF SUCH REGION, BECAUSE OF
ITS AGE, DETERIORATION, OR OTHER FACTORS, REQUIRES IMPROVEMENT IN  ORDER
TO  PRESERVE  THE COMMUNITIES WITHIN THE REGION AND THAT THE CORPORATION
PROPOSES TO ASSIST SUCH REGION THROUGH ACTIVE INTERVENTION TO EFFECT THE
REGION'S PRESERVATION, STABILIZATION OR IMPROVEMENT.
  4. EACH CONTRACT ENTERED INTO PURSUANT TO THIS ARTICLE  SHALL  PROVIDE
FOR  PAYMENT  TO  THE  NEIGHBORHOOD OR RURAL PRESERVATION CORPORATION OR
CORPORATIONS FOR THE HOUSING PRESERVATION AND COMMUNITY  RENEWAL  ACTIV-
ITIES  TO  BE PERFORMED. PAYMENTS SHALL BE BASED ON PERFORMANCE CRITERIA
ESTABLISHED BY THE COMMISSIONER.
  5. PAYMENT PURSUANT TO  THIS  ARTICLE  SHALL  BE  RESTRICTED  TO  SUMS
REQUIRED  FOR  THE  PAYMENT  OF  SALARIES AND WAGES TO EMPLOYEES OF SUCH
CORPORATIONS WHO ARE  ENGAGED  IN  RENDERING  HOUSING  PRESERVATION  AND
COMMUNITY  RENEWAL  ACTIVITIES,  FEES  TO  CONSULTANTS AND PROFESSIONALS
RETAINED BY THEM FOR PLANNING AND PERFORMING SUCH ACTIVITIES  AND  OTHER
COSTS  AND  EXPENSES DIRECTLY RELATED TO SUCH EMPLOYEES, CONSULTANTS AND
PROFESSIONALS.  SUCH FUNDS MAY BE USED FOR PLANNING ANY HOUSING  PRESER-
VATION  AND  COMMUNITY  RENEWAL  ACTIVITY AND FOR RENOVATING, REPAIRING,
FURNISHING, EQUIPPING AND OPERATING AN OFFICE FACILITY  TO  BE  USED  IN
CONNECTION  WITH  THE  CONDUCT  OF  HOUSING  PRESERVATION  AND COMMUNITY
RENEWAL ACTIVITIES BY THE CORPORATION.
  6.  CONTRACTS ENTERED INTO PURSUANT TO THIS SECTION  SHALL  BE  FOR  A
PERIOD  OF  NO  MORE  THAN ONE YEAR, BUT MAY BE RENEWED OR EXTENDED FROM

S. 2808                            128                           A. 4008

YEAR TO YEAR AT THE DISCRETION OF THE COMMISSIONER,  AND  SHALL  PROVIDE
FOR  PAYMENT  BY  THE  DIVISION  OF  NO  MORE THAN FIVE HUNDRED THOUSAND
DOLLARS PER YEAR.
  S  1233.  RULES  AND REGULATIONS. THE COMMISSIONER MAY ISSUE RULES AND
REGULATIONS OR OPERATIONAL BULLETINS FOR THE APPLICATION AND AWARDING OF
FUNDS UNDER THIS ARTICLE.
  S 1234. RELATIONSHIP TO OTHER LAWS. NOTHING IN THIS ARTICLE  SHALL  BE
DEEMED  TO DENY OR LIMIT THE RIGHT OF ANY CORPORATION TO SEEK OR RECEIVE
ASSISTANCE UNDER, OR OTHERWISE PARTICIPATE IN, ANY OTHER PROGRAM  PURSU-
ANT TO THIS CHAPTER, OR ANY OTHER GOVERNMENTAL PROGRAM RELATING TO HOUS-
ING  OR  COMMUNITY  RENEWAL.  NOTHING IN THIS ARTICLE SHALL BE DEEMED TO
DENY OR LIMIT THE RIGHT OF ANY CORPORATION TO CARRY OUT ANY  PROGRAM  OR
SERVICE THROUGH A SUBSIDIARY CORPORATION OR OTHER INSTRUMENTALITY.
  S 3.  Notwithstanding any provision of law to the contrary, any refer-
ence,  in  any  provision  of  law,  to  article 16 or article 17 of the
private housing finance law, sections 901 through  909  of  the  private
housing  finance law, or sections 1001 through 1010 of the private hous-
ing finance law shall be deemed to refer to article 27  of  the  private
housing finance law.
  S 4. This act shall take effect July 1, 2011.

                                 PART W

  Section  1.  Section  39  of part P2 of chapter 62 of the laws of 2003
amending the state finance law and other laws  relating  to  authorizing
and  directing  the state comptroller to loan money to certain funds and
accounts, as amended by section 1 of part Z of chapter 57 of the laws of
2009, is amended to read as follows:
  S 39. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2003; provided,
however, that sections one, three, four, six, seven through fifteen, and
seventeen  of  this act shall expire March 31, 2004, when upon such date
the provisions of such sections shall be deemed repealed; [and  sections
thirty  and  thirty-one  of this act shall expire December 31, 2011] and
the amendments made to section 69-c of the state finance law by  section
thirty-two  of  this  act  shall not affect the expiration and repeal of
such section and shall be deemed to be expired therewith.
  S 2. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through W of this act shall  be
as specifically set forth in the last section of such Parts.

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