senate Bill S2808D

Signed by Governor

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:
A4008D
Versions:
S2808
S2808A
S2808B
S2808C
S2808D
Legislative Cycle:
2011-2012
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2808--D                                            A. 4008--D
                                                            R. R. 16

                      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 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- ordered to a third reading, amended  and  ordered
  reprinted, retaining its place in the order of third reading

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 -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee --  again  reported  from
  said  committee  with  amendments,  ordered  reprinted  as amended and
  recommitted to said committee -- amended on the special order of third
  reading, ordered reprinted as amended,  retaining  its  place  on  the
  special order of third reading

AN  ACT  to  amend the education law, in relation to contracts of excel-
  lence, library funding, reimbursement of school districts,  apportion-
  ment  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, 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; 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12572-06-1

S. 2808--D                          2                         A. 4008--D

  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, in relation to school aid and extending the expiration of
  certain  provisions  of such chapters; to amend chapter 57 of the laws
  of 2004, relating to support of education, in  relation  to  extending
  the  provisions  thereof;  to  amend  the  general  municipal  law, in
  relation to the employee benefit accrued liability  reserve  fund;  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;  and  providing  for  the repeal of certain provisions upon
  expiration thereof (Part A); to amend the education law,  in  relation
  to expenses for textbooks, school library materials, software programs
  and  computer  equipment  (Part  A-1);  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
  amend the state finance law, in relation to the former New York  State
  Theatre Institute; to transfer all the rights and property held by the
  former  New  York  State  Theatre  Institute  to the office of general
  services and to authorize 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; and to repeal article 9 of the
  arts and cultural affairs law, section 97-u of the state  finance  law
  and  certain  provisions  of  the  public officers law relating to the
  former New York State Theatre Institute (Part C); to amend the  educa-
  tion  law,  in  relation to capital facilities in support of the state
  university and community colleges; and providing  for  the  repeal  of
  such  provisions  upon  expiration  thereof  (Subpart A); to amend the
  education 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); and 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)
  (Part  D);  to amend the education law, in relation to tuition assist-
  ance 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,

S. 2808--D                          3                         A. 4008--D

  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
  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); Intentionally omitted
  (Part P); to authorize the commissioner of the office of children  and
  family  services  to  close certain facilities and to make other deci-
  sions necessary for the  cost-effective  and  efficient  operation  of
  facilities  operated  by  the  office; and providing for the repeal of
  certain provisions upon expiration thereof (Subpart A); and  to  amend
  the  executive  law, the family court act and the social services law,
  in relation to funding and utilization of juvenile detention and fund-
  ing for supervision and treatment services; and to repeal subdivisions
  7 and 8 of section 530 of the executive law, relating to state  opera-
  tion  of  juvenile  detention  and  approval of new juvenile detention
  capacity; (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);  Intentionally  omitted
  (Part  T); to amend the social services law, in relation to the stand-
  ards of monthly need for persons in receipt of public assistance (Part
  U); Intentionally omitted (Part V); to amend chapter 62 of the laws of
  2003 amending the state finance law and other laws relating to author-
  izing and directing the state comptroller to  loan  money  to  certain
  funds  and  accounts, in relation to extending the interest assessment
  surcharge fund (Part W) to amend part NN of chapter 57 of the laws  of
  2008  relating  to  authorizing  the New York state mortgage agency to
  transfer certain moneys, in relation to the use of surplus funds  from
  the greater Catskills flood remediation program (Part X); to amend the
  executive  law,  in  relation  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 (Part Y); to  amend  the
  education  law,  in  relation  to eligibility requirements for student
  financial aid (Part Z); to amend part A of a chapter of  the  laws  of
  2011  relating  to  constituting chapter 18-A of the consolidated laws
  relating to  financial  services,  as  proposed  in  legislative  bill
  numbers  S.2812-C  and  A.4012-C,  in relation to the effectiveness of
  certain provisions thereof (Part AA);  to  provide  for  the  adminis-
  tration of certain funds and accounts related to the 2011-2012 budget;
  to  authorize  certain  payments  and  transfers;  to  amend the state
  finance law, in relation to the school tax relief fund; to  amend  the
  state finance law, in relation to the issuance of revenue bonds and in
  relation to mental health service facilities financing; to amend chap-
  ter  57  of  the  laws  of  2008,  providing for the administration of

S. 2808--D                          4                         A. 4008--D

  certain funds  and  accounts  related  to  the  2008-2009  budget,  in
  relation  to effectiveness of certain provisions thereof; to amend the
  public authorities law, in relation  to  environmental  infrastructure
  projects;  to  amend chapter 61 of the laws of 2005, providing for the
  administration of certain funds and accounts related to the  2005-2006
  budget,  chapter  81  of  the laws of 2002, providing for the adminis-
  tration of certain funds and accounts related to the 2002-2003 budget,
  chapter 389 of the laws of 1997, providing for the  financing  of  the
  correctional  facilities  improvement  fund  and  the  youth  facility
  improvement fund, chapter 329 of the laws of 1991, amending the  state
  finance  law and other laws relating to the establishment of the dedi-
  cated highway and bridge trust fund; to amend the state  finance  law,
  in  relation  to  certificates  of participation; to amend the private
  housing finance law, in relation to housing program bonds  and  notes;
  to  amend  the  public authorities law, in relation to the issuance of
  bonds by the dormitory authority and the New York state  environmental
  facilities  corporation;  to repeal subdivision (b) of section 19-a of
  part PP of chapter 56 of the  laws  of  2009,  providing  funding  for
  certain  community  projects,  relating  to  increasing  such funding,
  relating to certain monetary transfers; to amend the  public  authori-
  ties  law,  in  relation  to  voting  of directors of local government
  assistance corporation;  to  amend  the  public  authorities  law,  in
  relation  to  library construction; to amend the state finance law, in
  relation to community enhancement facilities projects, to amend  chap-
  ter  432 of the laws of 1997, amending the state finance law and other
  laws relating to the issuance of bonds or notes for community enhance-
  ment facilities projects, in relation to the amount  of  bonds  issued
  for community enhancement projects; to amend chapter 84 of the laws of
  2002,  relating  to  authorizing  the New York state urban development
  corporation and the dormitory authority of the state of  New  York  to
  issue  bonds  or  notes  for  the purpose of financing certain project
  costs, in relation to providing  for  the  administration  of  certain
  funds and accounts related to the 2002-2003 budget; to amend chapter 3
  of  the laws of 2004, relating to authorizing the New York state urban
  development corporation and the dormitory authority of  the  state  of
  New  York  to  issue bonds or notes, in relation to bonds or notes; to
  amend chapter 59 of the laws of 2004, relating to authorizing the  New
  York  state  urban development corporation and the dormitory authority
  of the state of New York to issue bonds or notes, in relation to bonds
  or notes; to amend chapter 59 of the laws of  2005,  relating  to  the
  urban  development  corporation  bonding authority, in relation to the
  issuance of bonds by the dormitory authority and the  New  York  state
  urban development corporation; to amend chapter 60 of the laws of 2006
  relating to providing for administration of certain funds and accounts
  related  to the 2006-2007 budget, in relation to the aggregate princi-
  pal amount; to amend chapter 61  of  the  laws  of  2000  relating  to
  authorizing bonds for the strategic investment program, in relation to
  the  aggregate  principal  amount;  to amend chapter 58 of the laws of
  2006 authorizing the New York state urban development corporation, the
  dormitory authority,  the  New  York  state  environmental  facilities
  corporation,  the  New  York  state housing finance agency and the New
  York state thruway authority to issue bonds or notes, in  relation  to
  the  aggregate  principal  amount; to amend chapter 174 of the laws of
  1968 constituting the New York  state  urban  development  corporation
  act, in relation to financing economic development and regional initi-
  atives  and  in  relation  to  the  issuance of bonds or notes for the

S. 2808--D                          5                         A. 4008--D

  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 asso-
  ciated  with such projects; to amend part JJ of chapter 56 of the laws
  of 2010, relating to providing for the administration of certain funds
  and accounts related to the  2010-2011  budget,  in  relation  to  the
  effectiveness  thereof;  and  providing  for  the  repeal  of  certain
  provisions upon expiration thereof (Part BB); and to amend the vehicle
  and traffic law and the criminal procedure law, in relation to govern-
  ing operators of commercial motor vehicles  and  federal  requirements
  for medical certification pertaining to such operators (Part CC)

  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 CC. The effective date for each particular
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  SUM  OF  THE  SCHOOL
DISTRICT'S  NET  GAP  ELIMINATION  ADJUSTMENT  FOR TWO THOUSAND TEN--TWO
THOUSAND ELEVEN COMPUTED PURSUANT TO CHAPTER FIFTY-THREE OF THE LAWS  OF
TWO  THOUSAND  TEN, MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT,
PLUS THE SCHOOL DISTRICT'S GAP ELIMINATION ADJUSTMENT FOR  TWO  THOUSAND

S. 2808--D                          6                         A. 4008--D

ELEVEN--TWO  THOUSAND  TWELVE  AS  COMPUTED PURSUANT TO A CHAPTER OF THE
LAWS OF TWO THOUSAND ELEVEN, MAKING 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 PURSU-
ANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND  ELEVEN,  MAKING  APPROPRI-
ATIONS  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
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 BUT DID NOT FULLY EXPEND
ALL OF ITS TWO THOUSAND NINE--TWO THOUSAND TEN FOUNDATION AID SUBJECT TO
THE  CONTRACT  FOR  EXCELLENCE  RESTRICTIONS  DURING  THE  TWO  THOUSAND
NINE--TWO THOUSAND TEN SCHOOL YEAR MAY RE-ALLOCATE AND EXPEND SUCH UNEX-
PENDED 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;  PROVIDED  THAT SUCH AMOUNT SHALL NOT BE COUNTED MORE
THAN ONCE IN DETERMINING ANY MAINTENANCE  OF  EFFORT  PURSUANT  TO  THIS
SECTION.
  S 3. Subdivision 12 of section 273 of the education law, as amended by
section 1 of part A of chapter 2 of the laws of 2011, 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  and  in

S. 2808--D                          7                         A. 4008--D

state  fiscal  year  two thousand ten--two thousand eleven 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 formula 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 ten--two thousand
eleven 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-
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 ten--two thousand eleven 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 ten--two thousand
eleven state fiscal year].
  S 4. Intentionally omitted.
  S 5. Intentionally omitted.
  S 6. Intentionally omitted.
  S 7. Intentionally omitted.
  S 8. Intentionally omitted.
  S 9. Intentionally omitted.
  S 10. Intentionally omitted.
  S 11. Intentionally omitted.
  S 12. Intentionally omitted.
  S 13. Intentionally omitted.
  S 14. Intentionally omitted.
  S 15. Intentionally omitted.
  S 16. Intentionally omitted.
  S 17. Intentionally omitted.
  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

S. 2808--D                          8                         A. 4008--D

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
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.

S. 2808--D                          9                         A. 4008--D

  (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. Intentionally omitted.
  S 24. Intentionally omitted.
  S  25.  Paragraphs  p  and  q  of subdivision 1 of section 3602 of the
education law, as amended by section 11 of part B of chapter 57  of  the
laws  of  2007, subparagraph (i) of paragraph q as amended by section 11
of part B of chapter 5 of the laws of 2008, are amended  and  seven  new
paragraphs aa, bb, cc, dd, ee, ff and gg are added to read as follows:
  p.  (I) "Percent of eligible applicants for the free and reduced price
lunch program" shall mean the quotient of
  [(i)] (A)   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 federally funded free and
reduced price school lunch program on the date enrollment was counted in
accordance with this subdivision for the year prior to  the  base  year,
divided by
  [(ii)] (B) the number of pupils in kindergarten 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, computed to four decimals without rounding, and
multiplied by one hundred to be expressed as a percent to two  decimals.
For  central high school districts, such percent shall be computed using
the sum of the eligible  applicants  and  enrollment  of  the  component
districts of the central high school district.
  (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

S. 2808--D                         10                         A. 4008--D

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.
  q. "Poverty count" shall mean the sum of  the  product  of  the  lunch
count  multiplied  by sixty-five percent, plus the product of the census
count multiplied by sixty-five percent, where:
  (i) "Lunch count" shall mean the product of the public school  enroll-
ment  of  the  school  district  on  the  date enrollment was counted in
accordance with this subdivision for the base year  multiplied  by  [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 applica-
tions 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]  THE
THREE-YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT; and
  (ii)  "Census  count"  shall  mean  the  product  of the public school
enrollment of the school district on the date enrollment was counted  in
accordance  with  this  subdivision  for the base year multiplied by the
quotient of the number of persons aged  five  to  seventeen  within  the
school  district, based on the most recent decennial census as tabulated
by the National Center on Education Statistics,  who  were  enrolled  in
public  schools  and whose families had incomes below the poverty level,
divided by the total number of persons aged five to seventeen within the
school district, based on such decennial census, who  were  enrolled  in
public schools, computed to four decimals without rounding.
  AA.    "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 INFOR-
MATION IS AVAILABLE, AGGREGATED ON A STATE FISCAL YEAR  BASIS.  FOR  THE
TWO  THOUSAND  TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR, SUCH PERSONAL
INCOME SHALL BE 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.
  BB. "PERSONAL INCOME GROWTH INDEX" SHALL MEAN (1) FOR THE TWO THOUSAND
TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR, THE AVERAGE OF THE QUOTIENTS

S. 2808--D                         11                         A. 4008--D

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.
  CC. "GAP ELIMINATION ADJUSTMENT PERCENTAGE" SHALL MEAN THE QUOTIENT OF
THE GAP ELIMINATION ADJUSTMENT AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT
AS  "GAP  ELIMINATION  ADJUSTMENT"  UNDER THE HEADING "2011-12 ESTIMATED
AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND ELEVEN--TWO  THOUSAND
TWELVE  SCHOOL  YEAR  AND  ENTITLED  "SA111-2", DIVIDED BY THE STATEWIDE
TOTAL OF ALL SUCH GAP ELIMINATION ADJUSTMENT AMOUNTS SET FORTH  FOR  ALL
DISTRICTS IN SUCH SCHOOL AID COMPUTER LISTING.
  DD.  "ALLOWABLE  GROWTH AMOUNT" SHALL MEAN THE PRODUCT OF THE POSITIVE
DIFFERENCE OF THE PERSONAL INCOME GROWTH INDEX MINUS ONE, MULTIPLIED  BY
THE STATEWIDE TOTAL OF THE APPORTIONMENTS, INCLUDING THE GAP ELIMINATION
ADJUSTMENT, DUE AND OWING DURING THE BASE YEAR, COMMENCING WITH THE BASE
YEAR  COMPUTED FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN 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.
  EE.   "COMPETITIVE   AWARDS  AMOUNT"  SHALL  MEAN,  FOR  TWO  THOUSAND
TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR, FIFTY MILLION  DOLLARS,
AND FOR TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN AND THEREAFTER, THE
PRODUCT  OF THE PERSONAL INCOME GROWTH INDEX MULTIPLIED BY THE BASE YEAR
COMPETITIVE AWARDS AMOUNT.
  FF. "PRELIMINARY GROWTH AMOUNT" SHALL MEAN THE DIFFERENCE BETWEEN  THE
STATEWIDE  TOTAL,  EXCLUDING  THE  APPORTIONMENTS  COMPUTED  PURSUANT TO
SUBDIVISIONS FOUR AND SEVENTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THE
EDUCATION LAW, OF THE APPORTIONMENTS DUE AND OWING  DURING  THE  CURRENT
SCHOOL YEAR, COMMENCING WITH THE TWO THOUSAND TWELVE--TWO THOUSAND THIR-
TEEN  SCHOOL  YEAR, TO SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCA-
TIONAL 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 CURRENT YEAR, LESS THE STATEWIDE TOTAL OF  SUCH  APPORTIONMENTS,
EXCLUDING  THE APPORTIONMENTS COMPUTED PURSUANT TO SUBDIVISIONS FOUR AND
SEVENTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THE  EDUCATION  LAW,  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 CURRENT YEAR.
  GG. "ALLOCABLE GROWTH AMOUNT" SHALL MEAN THE POSITIVE  DIFFERENCE,  IF
ANY,  OF  THE  ALLOWABLE  GROWTH  AMOUNT LESS THE SUM OF THE COMPETITIVE
AWARDS AMOUNT PLUS THE PRELIMINARY GROWTH AMOUNT.
  S 26. Subdivision 4 of section 3602 of the education law,  as  amended
by  section  14 of part B of chapter 57 of the laws of 2008, the opening

S. 2808--D                         12                         A. 4008--D

paragraph, subparagraph 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, is
amended to read as follows:
  4.  Total  foundation  aid.    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 foundation 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--two  thousand thirteen] school years, no
school district shall receive total foundation aid in excess of the  sum
of  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, plus the phase-in
foundation  increase  computed  pursuant to paragraph b of this subdivi-
sion, AND PROVIDED FURTHER THAT FOR THE TWO THOUSAND  TWELVE--TWO  THOU-
SAND  THIRTEEN  SCHOOL  YEAR  AND  THEREAFTER,  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 TWELVE--TWO THOUSAND
THIRTEEN SCHOOL YEAR COMPUTED PURSUANT TO 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 founda-
tion aid base computed pursuant to paragraph j  of  subdivision  one  of
this  section and one hundred three percent SUBJECT TO ALLOCATION PURSU-
ANT TO THE PROVISIONS OF SUBDIVISION EIGHTEEN OF THIS  SECTION  AND  ANY
PROVISIONS  OF  A  CHAPTER OF THE LAWS OF NEW YORK AS DESCRIBED THEREIN,
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  ELEVEN--TWO  THOUSAND  TWELVE 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
aidable 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

S. 2808--D                         13                         A. 4008--D

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
          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

S. 2808--D                         14                         A. 4008--D

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] TWO
THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE 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
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] THE
phase-in foundation percent  shall  equal  [one  hundred  five  and  six
hundredths  percent  (1.0506),  the  phase-in foundation increase factor
shall equal fifty-three and one-tenth percent (0.531), and the  phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255); 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),  the  phase-in foundation increase factor
shall equal seventy-five percent (0.75), and  the  phase-in  due-minimum
percent  shall  equal twelve and fifty-five hundredths percent (0.1255)]
ONE HUNDRED THIRTEEN AND FOURTEEN ONE HUNDREDTHS  PERCENT  (1.1314)  FOR
THE  TWO  THOUSAND  ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, ONE HUNDRED
TEN AND THIRTY-EIGHT HUNDREDTHS PERCENT (1.1038) FOR  THE  TWO  THOUSAND
TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR, ONE HUNDRED SEVEN AND SIXTY-
EIGHT HUNDREDTHS PERCENT (1.0768) FOR  THE  TWO  THOUSAND  THIRTEEN--TWO
THOUSAND  FOURTEEN  SCHOOL  YEAR,  ONE  HUNDRED  FIVE AND SIX HUNDREDTHS
PERCENT (1.0506) FOR THE TWO  THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN

S. 2808--D                         15                         A. 4008--D

SCHOOL  YEAR,  AND  ONE HUNDRED TWO AND FIVE TENTHS PERCENT (1.0250) FOR
THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR.
  FOR  THE  TWO  THOUSAND  ELEVEN--TWO  THOUSAND TWELVE SCHOOL YEAR, 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 NINETEEN AND FORTY-ONE HUNDREDTHS PERCENT (0.1941),  AND  FOR  THE
TWO  THOUSAND  TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFTER
THE  COMMISSIONER  SHALL  ANNUALLY  DETERMINE  THE  PHASE-IN  FOUNDATION
INCREASE  FACTOR  SUBJECT  TO  ALLOCATION  PURSUANT TO THE PROVISIONS OF
SUBDIVISION EIGHTEEN OF THIS SECTION AND ANY PROVISIONS OF A CHAPTER  OF
THE LAWS OF NEW YORK AS DESCRIBED THEREIN.
  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]  school  [years] YEAR AND THEREAFTER, the
additional amount payable to  each  school  district  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 twenty-three of this chap-
ter.
  c. Public excess cost aid setaside. Each  school  district  shall  set
aside from its total foundation aid computed for the current year pursu-
ant  to  this  subdivision  an  amount  equal to the product of: (i) the
difference between the  amount  the  school  district  was  eligible  to
receive in the two thousand six--two thousand seven school year pursuant
to  or  in lieu of paragraph six of subdivision nineteen of this section
as such paragraph existed on June thirtieth, two thousand  seven,  minus
the  amount such district was eligible to receive pursuant to or in lieu
of paragraph five of subdivision nineteen of this section as such  para-
graph  existed  on  June  thirtieth,  two thousand seven, in such school
year, and (ii) the sum of one and the percentage increase in the consum-
er price index for the current year over such consumer price  index  for
the two thousand six--two thousand seven school year, as computed pursu-
ant  to section two thousand twenty-two of this chapter. Notwithstanding
any other provision of law to the contrary, the public excess  cost  aid
setaside  shall be paid pursuant to section thirty-six hundred nine-b of
this part.
  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. Intentionally omitted.
  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:

S. 2808--D                         16                         A. 4008--D

  (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
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. 2808--D                         17                         A. 4008--D

  S 32. Clause (vi) of subparagraph 1 of paragraph c of  subdivision  14
of section 3602 of the education law, as amended by section 34 of part B
of chapter 57 of the laws of 2008, is amended to read as follows:
  (vi)  where  such proposed reorganization includes at least two school
districts employing eight or more teachers forming a central high school
district pursuant to section nineteen hundred thirteen of this  chapter,
beginning  with  July  first,  nineteen  hundred sixty-five or the first
school year of operation as a reorganized district after such date, such
reorganized school district shall be entitled to  an  additional  appor-
tionment  of twenty-five per centum of the sum of: (A) its apportionment
as provided in subdivision six of this section whenever such  apportion-
ment is computed on the basis of its approved base year expenditures for
capital  outlay  from  its  general, capital, or a reserve fund incurred
prior to July first, two thousand one, or on the basis of  its  approved
base year expenditures for capital outlay from its general, capital or a
reserve  fund  incurred in the two thousand one--two thousand two school
year and computed pursuant to subdivision six of this section as if such
expenditures were aidable  under  such  subdivision,  and  current  year
approved  expenditures for debt service for school building purposes and
(B) its apportionment as provided in subdivision six  of  this  section,
the  general contracts for which shall have been awarded on or after the
date this act takes effect and prior to July first, two thousand ten, OR
PRIOR TO JULY FIRST, TWO THOUSAND TWELVE WHERE  SUCH  GENERAL  CONTRACTS
ARE  FOR PROJECTS WITH COMPLETE FINAL PLANS AND SPECIFICATIONS FILED FOR
APPROVAL WITH THE COMMISSIONER PRIOR TO JULY FIRST, TWO THOUSAND TEN, or
within ten years from the effective date of reorganization, whichever is
later as provided in subdivision six of this section, and which said sum
shall be payable for and during the terms of  any  indebtedness  created
for  the  purpose  of  financing  such construction or other facility as
aforesaid, provided however, that in no event may the  total  apportion-
ment  under  this paragraph, under subdivision twelve of section thirty-
six hundred forty-one of this article, and under  subdivisions  six  and
six-f  of this section for any project exceed the product of (1) ninety-
eight percent for a high need school district, as  defined  pursuant  to
guidelines  of  the commissioner for the two thousand five--two thousand
six school year, 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 ninety-five per cent for  any  other  school  building
project  or  school district, multiplied by (2) the sum of the base year
approved expenditures for capital outlay for  school  building  purposes
from  the general fund, capital fund or from a reserve fund, and current
year approved expenditures for debt service for such purposes  for  such
project.
  S 33. Intentionally omitted.
  S 34. Intentionally omitted.
  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

S. 2808--D                         18                         A. 4008--D

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 two new
subdivisions 17 and 18 to read as follows:
  17. GAP ELIMINATION ADJUSTMENT. A. 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 AND THEREAFTER PURSUANT TO SECTION  THIRTY-SIX  HUNDRED  NINE-A  OF
THIS  ARTICLE  BY  AN  AMOUNT  EQUAL  TO  THE GAP ELIMINATION ADJUSTMENT
COMPUTED FOR SUCH DISTRICT, AND  SUCH  AMOUNT  SHALL  BE  DEDUCTED  FROM
MONEYS  APPORTIONED  FOR  THE PURPOSES OF PAYMENTS MADE PURSUANT TO SUCH
SECTION THIRTY-SIX HUNDRED NINE-A 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  SECTION  THIRTY-SIX  HUNDRED NINE-A FOR THE
FOLLOWING 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

S. 2808--D                         19                         A. 4008--D

DEDUCTION  IS  MADE. THE COMMISSIONER 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.
  B. THE GAP ELIMINATION ADJUSTMENT FOR  THE  TWO  THOUSAND  ELEVEN--TWO
THOUSAND  TWELVE  SCHOOL  YEAR SHALL BE COMPUTED AS FOLLOWS, BASED ON AN
UPDATED ELECTRONIC DATE FILE CONTAINING ACTUAL AND ESTIMATED DATA RELAT-
ING TO APPORTIONMENTS DUE AND OWING DURING THE CURRENT SCHOOL  YEAR  AND
PROJECTIONS  OF  SUCH  APPORTIONMENTS  FOR  THE FOLLOWING SCHOOL YEAR TO
SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES FROM THE
GENERAL SUPPORT FOR PUBLIC SCHOOLS, GROWTH  AND  BOARDS  OF  COOPERATIVE
EDUCATIONAL  SERVICES APPROPRIATIONS PRODUCED PURSUANT TO PARAGRAPH B OF
SUBDIVISION TWENTY-ONE OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER  ON
FEBRUARY  FIFTEENTH OF THE BASE YEAR. 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 PERCENT (0.04) AND A COMBINED
WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO  SUBPARAGRAPH
TWO  OF  PARAGRAPH  C  OF SUBDIVISION THREE OF THIS SECTION THAT IS LESS
THAN ONE AND FIVE-TENTHS (1.5), 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
RESTORATION, AND FURTHER PROVIDED THAT, WHERE APPLICABLE, THE GAP ELIMI-
NATION ADJUSTMENT SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE SUM OF  THE
NEEDS-BASED  RESTORATION PLUS THE LOW WEALTH-HIGH TAX EFFORT RESTORATION
PLUS THE ENROLLMENT ADJUSTMENT AWARD.
  (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 THIS SECTION,
PROVIDED, HOWEVER, THAT SUCH PERCENTAGE REDUCTION SHALL NOT BE LESS THAN
THE PRODUCT OF NINE AND ONE-HALF  PERCENT  (0.095)  MULTIPLIED  BY  SUCH
TOTAL  AID  FOR  ADJUSTMENT, AND NOT MORE THAN THE PRODUCT OF TWENTY-ONE
AND FOUR-TENTHS PERCENT (0.214) MULTIPLIED BY SUCH TOTAL AID FOR ADJUST-
MENT.
  (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 COMPUTED PURSUANT
TO SUBPARAGRAPH THREE OF PARAGRAPH A  OF  SUBDIVISION  SIXTEEN  OF  THIS
SECTION  DIVIDED BY FOUR AND TWO HUNDRED FORTY-SEVEN THOUSANDTHS PERCENT
(0.04247), PROVIDED, HOWEVER, THAT SUCH TAX EFFORT REDUCTION  SHALL  NOT
BE  LESS  THAN THE PRODUCT OF THIRTEEN PERCENT (0.13) MULTIPLIED BY SUCH
TOTAL AID FOR ADJUSTMENT, AND NOT MORE THAN THE PRODUCT 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.

S. 2808--D                         20                         A. 4008--D

  (IV) THE ADMINISTRATIVE EFFICIENCY RESTORATION SHALL BE THE PRODUCT OF
SEVENTY-FIVE DOLLARS ($75),  MULTIPLIED  BY  THE  STATE  SHARING  RATIO,
MULTIPLIED BY THE TOTAL AIDABLE FOUNDATION PUPIL UNITS COMPUTED PURSUANT
TO  PARAGRAPH  G  OF SUBDIVISION TWO OF THIS SECTION FOR THE PURPOSES OF
COMPUTING TOTAL FOUNDATION AID.
  (V) THE NEEDS-BASED RESTORATION SHALL BE THE SUM OF (A) THE PRODUCT OF
THE  NEEDS-BASED GRANT, MULTIPLIED BY THE PUBLIC SCHOOL DISTRICT ENROLL-
MENT FOR THE BASE YEAR COMPUTED PURSUANT TO SUBPARAGRAPH  TWO  OF  PARA-
GRAPH  N  OF  SUBDIVISION  ONE OF SUCH SECTION THIRTY-SIX HUNDRED TWO OF
THIS PART, PLUS (B) IN THE CASE OF ANY DISTRICT FOR WHICH  THE  QUOTIENT
OF  THE  LIMITED  ENGLISH  PROFICIENT  COUNT  FOR THE BASE YEAR COMPUTED
PURSUANT TO PARAGRAPH O OF SUBDIVISION ONE OF THIS  SECTION  DIVIDED  BY
THE  PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR COMPUTED PURSU-
ANT TO SUBPARAGRAPH TWO OF  PARAGRAPH  N  OF  SUBDIVISION  ONE  OF  THIS
SECTION,  EXCEEDS  THIRTEEN PERCENT (0.13), THE PRODUCT OF THE TOTAL AID
FOR ADJUSTMENT  MULTIPLIED  BY  SEVENTY-FIVE  HUNDREDTHS  OF  A  PERCENT
(0.0075).
  (VI)  THE  LOW  WEALTH-HIGH  TAX  EFFORT RESTORATION SHALL BE, FOR ANY
SCHOOL DISTRICT WITH A TAX EFFORT RATIO GREATER THAN SIX PERCENT  (0.06)
AND  A  COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID THAT IS LESS THAN
SEVEN-TENTHS (0.7), THE PRODUCT OF ONE HUNDRED DOLLARS ($100.00)  MULTI-
PLIED  BY  THE  PUBLIC  SCHOOL  DISTRICT  ENROLLMENT  FOR  THE BASE YEAR
COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION  ONE
OF THIS SECTION.
  (VII)  THE  ENROLLMENT  ADJUSTMENT  AWARD SHALL BE THE PRODUCT OF FIVE
HUNDRED DOLLARS ($500.00) MULTIPLIED BY THE ENROLLMENT INCREASE FOR  ANY
ELIGIBLE  SCHOOL DISTRICT. AN ELIGIBLE SCHOOL DISTRICT SHALL BE A SCHOOL
DISTRICT (A) WITH A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID  LESS
THAN  THREE  (3.0)  AND  AN ENROLLMENT INCREASE GREATER THAN OR EQUAL TO
FORTY-FIVE, WHERE, (B) FOR SUCH SCHOOL DISTRICT, EITHER  THE  ENROLLMENT
INCREASE  IS  GREATER  THAN  ONE  PERCENT  (0.01)  OF  THE PUBLIC SCHOOL
DISTRICT ENROLLMENT FOR THE BASE YEAR OR THE COMBINED WEALTH  RATIO  FOR
TOTAL  FOUNDATION  AID  IS  LESS THAN TWO (2.0). THE ENROLLMENT INCREASE
SHALL BE AS THE POSITIVE  DIFFERENCE  OF  THE  ESTIMATED  PUBLIC  SCHOOL
DISTRICT  ENROLLMENT  FOR THE CURRENT YEAR COMPUTED PURSUANT TO SUBPARA-
GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF  THIS  SECTION  LESS  THE
PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR COMPUTED PURSUANT TO
SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION.
  (VIII)  FOR  THE  PURPOSES  OF  SUCH  COMPUTATION,  (A) "TOTAL AID FOR
ADJUSTMENT" 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;
  (B)  "THE  STATE  SHARING  RATIO"  SHALL  MEAN THE STATE SHARING RATIO
COMPUTED FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO  PARAGRAPH  G  OF
SUBDIVISION THREE OF THIS SECTION, BUT NOT LESS THAN TEN PERCENT (0.10);
AND
  (C)  "REDUCTION FACTOR" SHALL MEAN THE PRODUCT OF THE POSITIVE REMAIN-
DER OF ONE LESS THE THREE-YEAR AVERAGE  FREE  AND  REDUCED  PRICE  LUNCH
PERCENT  COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH P OF SUBDI-

S. 2808--D                         21                         A. 4008--D

VISION ONE OF THIS SECTION, MULTIPLIED BY 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
  (D)  "NEEDS-BASED  GRANT"  SHALL  MEAN,  (1) IN THE CASE OF A DISTRICT
DETERMINED TO BE A HIGH NEED SCHOOL DISTRICT PURSUANT TO CLAUSE  (C)  OF
SUBPARAGRAPH  TWO  OF PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION 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", HAVING A  NEED-RESOURCE  CATEGORY  OF
THREE  OR  FOUR,  SIXTY-ONE  DOLLARS  ($61.00), AND (2) IN THE CASE OF A
DISTRICT DETERMINED TO BE AN AVERAGE NEED SCHOOL  DISTRICT  PURSUANT  TO
CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF THIS
SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER
IN  SUPPORT  OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOU-
SAND EIGHT SCHOOL YEAR AND ENTITLED  "SA0708",  HAVING  A  NEED-RESOURCE
CATEGORY OF FIVE, FIFTY-FOUR DOLLARS ($54.00).
  (E)  "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,  FEES  FOR  FISCAL  AGENTS  AND  UNDISTRIBUTED INDIRECT COSTS,
DIVIDED BY THE TOTAL EXPENDITURES CHARGED BY A DISTRICT TO THE  GENERAL,
DEBT SERVICE, AND SPECIAL AID FUNDS, EXCLUDING TRANSFERS FROM THE GENER-
AL 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
  (F)  "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,  FEES  FOR  FISCAL  AGENTS  AND  UNDISTRIBUTED INDIRECT COSTS,
CHARGED BY A DISTRICT TO THE GENERAL,  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 THIS SECTION 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
  (G) "TGFE PERCENTAGE" SHALL MEAN,
  (1) IN THE CASE OF A DISTRICT DETERMINED  TO  BE  A  HIGH-NEED  SCHOOL
DISTRICT  PURSUANT  TO  CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF
SUBDIVISION SIX OF THIS SECTION FOR  THE  SCHOOL  AID  COMPUTER  LISTING
PRODUCED  BY  THE  COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE

S. 2808--D                         22                         A. 4008--D

TWO  THOUSAND  SEVEN--TWO  THOUSAND  EIGHT  SCHOOL  YEAR  AND   ENTITLED
"SA0708",
  (A)  IN THE CASE OF A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION
IN EXCESS OF ONE MILLION INHABITANTS, FOUR AND FIVE HUNDRED THIRTY-SEVEN
THOUSANDTHS PERCENT (0.04537),
  (B) IN THE CASE OF A CITY SCHOOL DISTRICT IN A CITY WITH A  POPULATION
OF  MORE  THAN  TWO HUNDRED FIFTY THOUSAND INHABITANTS AND LESS THAN ONE
MILLION INHABITANTS ACCORDING TO THE TWO THOUSAND FEDERAL  CENSUS,  FOUR
AND ONE-TENTH PERCENT (0.041),
  (C)  IN THE CASE OF A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION
OF MORE THAN TWO HUNDRED TEN THOUSAND  INHABITANTS  AND  LESS  THAN  TWO
HUNDRED FIFTY THOUSAND INHABITANTS ACCORDING TO THE TWO THOUSAND FEDERAL
CENSUS, FOUR AND THIRTEEN HUNDREDTHS PERCENT (0.0413),
  (D)  IN THE CASE OF A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION
OF MORE THAN ONE HUNDRED SEVENTY THOUSAND INHABITANTS AND LESS THAN  TWO
HUNDRED  TEN  THOUSAND INHABITANTS ACCORDING TO THE TWO THOUSAND FEDERAL
CENSUS, FIVE AND NINETY-SEVEN HUNDREDTHS PERCENT (0.0597),
  (E) IN THE CASE OF A CITY SCHOOL DISTRICT IN A CITY WITH A  POPULATION
OF  MORE THAN ONE HUNDRED THOUSAND INHABITANTS AND LESS THAN ONE HUNDRED
SEVENTY THOUSAND INHABITANTS  ACCORDING  TO  THE  TWO  THOUSAND  FEDERAL
CENSUS, FIVE AND FIFTY-THREE HUNDREDTHS PERCENT (0.0553),
  (F)  IN  THE  CASE  OF  ANY  OTHER  SUCH  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 HUNDREDTHS PERCENT (0.0155), FOUR AND
NINE HUNDREDTHS PERCENT (0.0409), AND
  (G) FOR ALL OTHER SUCH SCHOOL DISTRICTS, SIX AND EIGHT-TENTHS  PERCENT
(0.068), OR
  (2) IN THE CASE OF ALL OTHER SCHOOL DISTRICTS, ELEVEN PERCENT (0.11).
  C.  THE  GAP  ELIMINATION  ADJUSTMENT FOR THE TWO THOUSAND TWELVE--TWO
THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFTER SHALL BE EQUAL TO  THE  GAP
ELIMINATION ADJUSTMENT FOR THE BASE YEAR, PLUS, IN ANY YEAR IN WHICH THE
PRELIMINARY GROWTH AMOUNT EXCEEDS THE ALLOWABLE GROWTH AMOUNT, THE PROD-
UCT  OF  THE GAP ELIMINATION ADJUSTMENT PERCENTAGE FOR SUCH DISTRICT AND
THE POSITIVE DIFFERENCE, IF ANY, BETWEEN THE PRELIMINARY  GROWTH  AMOUNT
LESS  THE  ALLOWABLE  GROWTH AMOUNT, AS COMPUTED PURSUANT TO SUBDIVISION
ONE OF THIS SECTION, AND LESS THE PRODUCT OF THE GAP ELIMINATION ADJUST-
MENT PERCENTAGE FOR SUCH DISTRICT AND  THE  GAP  ELIMINATION  ADJUSTMENT
RESTORATION  AMOUNT,  IF ANY, ALLOCATED PURSUANT TO SUBDIVISION EIGHTEEN
OF THIS SECTION.
  18. ALLOCABLE GROWTH AMOUNT  APPORTIONMENT.    SUCH  AMOUNT  SHALL  BE
APPORTIONED  FOR  A SCHOOL YEAR PURSUANT TO A CHAPTER OF THE LAWS OF NEW
YORK ENACTED FOR THE  STATE  FISCAL  YEAR  IN  WHICH  SUCH  SCHOOL  YEAR
COMMENCES,  AND SHALL BE ALLOCATED TO PURPOSES INCLUDING BUT NOT LIMITED
TO COMPETITIVE GRANT AWARDS MADE PURSUANT TO SUBDIVISIONS FIVE  AND  SIX
OF  SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, THE FOUNDATION
AID PHASE-IN AMOUNT OR OTHER FOUNDATION AID INCREASE ALLOCATED  PURSUANT
TO  SUBDIVISION  FOUR OF THIS SECTION AND THE GAP ELIMINATION ADJUSTMENT
RESTORATION AMOUNT APPORTIONED PURSUANT TO SUBDIVISION SEVENTEEN OF THIS
SECTION. IN THE EVENT THAT A CHAPTER OF THE LAWS OF NEW YORK ENACTED FOR
THE STATE FISCAL YEAR  IN  WHICH  SUCH  SCHOOL  YEAR  COMMENCES  IS  NOT
ENACTED,  THE  ALLOCATIONS  IN  SUPPORT  OF SUBDIVISIONS FIVE AND SIX OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS  ARTICLE  SHALL  EQUAL  THE
ALLOCATIONS  IN  SUPPORT OF SUCH AWARDS IN THE BASE YEAR, AND THE APPOR-
TIONMENTS PURSUANT TO SUBDIVISIONS FOUR AND SEVENTEEN  OF  THIS  SECTION

S. 2808--D                         23                         A. 4008--D

FOR  THE  CURRENT  YEAR SHALL EQUAL THE APPORTIONMENTS FOR SUCH SUBDIVI-
SIONS FOUR AND SEVENTEEN FOR THE BASE YEAR.
  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 PREKINDERGARTEN" UNDER  THE
HEADING  "2011-12  ESTIMATED  AIDS"  IN  THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED  BUDGET  FOR  THE
2011-12  SCHOOL  YEAR  AND ENTITLED "SA111-2", and provided further that
the maximum grant shall not exceed the total actual  grant  expenditures
incurred  by  the school district in the current school year as approved
by the commissioner.
  S 39. Intentionally omitted.
  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, "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 gener-
al support for public schools for the prescribed payments  and  individ-
ualized  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

S. 2808--D                         24                         A. 4008--D

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. For aid payable in the [two thousand nine--two
thousand ten] TWO THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE  school  year,
reference  to  such  "school  aid computer listing for the current year"
shall mean the printouts entitled ["SA0910"] "SA111-2".
  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 OR
BEFORE 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,
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

S. 2808--D                         25                         A. 4008--D

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,
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:

S. 2808--D                         26                         A. 4008--D

  (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
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. Intentionally omitted.
  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:
  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

S. 2808--D                         27                         A. 4008--D

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 chapter 2 of the laws of 2011, 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
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

S. 2808--D                         28                         A. 4008--D

costs associated with transitional certification of  teacher  candidates
for  the  school  years  two thousand one--two thousand two through [two
thousand ten--two thousand eleven]  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. Intentionally omitted.
  S  49.  Section  3641  of the education law is amended by adding a new
subdivision 7 to read as follows:
  7. SMALL GOVERNMENT  ASSISTANCE.  A.  IN  ADDITION  TO  APPORTIONMENTS
OTHERWISE PROVIDED BY SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE FOR
PAYABLE  IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AND
THEREAFTER THE AMOUNTS SPECIFIED IN  PARAGRAPH  B  OF  THIS  SUBDIVISION
SHALL BE PAID TO SCHOOL DISTRICTS FOR SMALL GOVERNMENT ASSISTANCE.
  B.  TO  SCHOOL  DISTRICTS THAT RECEIVED SMALL GOVERNMENT ASSISTANCE IN
THE STATE FISCAL YEAR TWO THOUSAND TEN--TWO THOUSAND ELEVEN, SUCH APPOR-
TIONMENT IN THE SAME AMOUNT SHALL BE APPORTIONED TO SCHOOL DISTRICTS  ON
OR  BEFORE  MARCH THIRTY-FIRST OF THE SCHOOL YEAR UPON AUDIT AND WARRANT
OF THE COMPTROLLER.
  S 50. Intentionally omitted.
  S 51. Section 4204 of the education law, subdivision 1 as  amended  by
chapter 352 of the laws of 1958, is amended to read as follows:
  S 4204. Support  and term of instruction of deaf state pupils. 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 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 remain-
ing 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 institution, and verified  by  his
oath.   THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO BOARD, LODGING

S. 2808--D                         29                         A. 4008--D

AND TUITION FOR THE TWO THOUSAND  TEN--TWO  THOUSAND  ELEVEN  AND  PRIOR
SCHOOL YEARS.
  2.  FOR  EXPENSES  INCURRED  IN  THE TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE SCHOOL YEAR AND THEREAFTER, EACH DEAF PUPIL SO RECEIVED INTO  ANY
OF  THE  INSTITUTIONS  SUBJECT  TO  THIS  ARTICLE SHALL BE PROVIDED WITH
BOARD, LODGING AND TUITION, AND SUCH INSTITUTIONS  SHALL  BE  REIMBURSED
FOR SUCH EXPENSES IN ACCORDANCE WITH THIS SUBDIVISION.
  A. THE COSTS OF TUITION AS DEFINED IN SECTION FORTY-TWO HUNDRED ELEVEN
OF THIS ARTICLE, SHALL BE A CHARGE UPON THE SCHOOL DISTRICT OF WHICH ANY
SUCH CHILD IS RESIDENT AT THE TIME OF ADMISSION OR READMISSION TO ANY OF
THE INSTITUTIONS SUBJECT TO THIS ARTICLE AND THE DIRECTORS OF THE INSTI-
TUTION SHALL BILL SUCH SCHOOL DISTRICT FOR SUCH TUITION COSTS ON A QUAR-
TERLY  BASIS. THE FIRST SUCH QUARTERLY PAYMENT MAY BE BASED ON PROJECTED
ENROLLMENT, PROVIDED THAT  SUBSEQUENT  PAYMENTS  SHALL  BE  ADJUSTED  TO
REFLECT  ACTUAL  ENROLLMENT.  THE  AMOUNT OF TUITION PAID BY SUCH SCHOOL
DISTRICT SHALL BE ELIGIBLE FOR REIMBURSEMENT BY THE STATE TO THE  EXTENT
PROVIDED IN SECTION FORTY-TWO HUNDRED FOUR-B OF THIS ARTICLE.
  B. THE COSTS OF BOARD AND LODGING SHALL BE A CHARGE UPON THE STATE 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 AND LODGING 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 DURING THE FIRST DAY OF EACH 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 WHO  RECEIVED
BOARD  AND  LODGING,  WHICH  BILL SHALL BE SIGNED BY THE CHIEF EXECUTIVE
OFFICER OF THE INSTITUTION, AND VERIFIED BY HIS OATH.
  3. The regular term of instruction of any such  deaf  pupil  shall  be
twelve years, or until the pupil shall have attained the age of eighteen
years  before  the expiration of twelve years from the beginning of such
term. The commissioner [of education] may, in his discretion, extend the
term of any pupil until his twenty-first birthday  for  the  purpose  of
pursuing  or  completing  academic  or vocational courses of study. Such
pupils must be recommended by the trustees of the [instiution]  INSTITU-
TION  in  which  they are in attendance before such extension of time is
granted.
  [3.] 4. Children placed in any such institution for the instruction of
the deaf, pursuant to section forty-two hundred three OF  THIS  ARTICLE,
shall be maintained therein [at the expense of the state] for the period
of time the school is in session.
  S 52. 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

S. 2808--D                         30                         A. 4008--D

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 presenting a
bill showing the actual time and number of pupils in  attendance,  which
bill  shall be signed by the chief executive officer of the institution,
and verified under his 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 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 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 53. 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  AND STATE REIMBURSEMENT.  1.
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] SUBJECT TO
THIS 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 after  June  thirtieth,
nineteen hundred seventy-seven in an amount equal to the school district
basic  contribution  defined  in subdivision eight of section forty-four
hundred one of this [chapter] TITLE, EXCEPT THAT FOR  THE  TWO  THOUSAND
ELEVEN--TWO  THOUSAND  TWELVE  SCHOOL  YEAR  AND THEREAFTER, SUCH SCHOOL
DISTRICT SHALL BE RESPONSIBLE FOR REIMBURSING THE  STATE  IN  AN  AMOUNT
EQUAL  TO  THE POSITIVE DIFFERENCE OF THE SCHOOL DISTRICT BASIC CONTRIB-
UTION MINUS THE TUITION PAID BY SUCH SCHOOL DISTRICT PURSUANT TO SECTION
FORTY-TWO HUNDRED FOUR OR FORTY-TWO HUNDRED SEVEN OF THIS  ARTICLE.  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

S. 2808--D                         31                         A. 4008--D

required to be made by such school  district  in  accordance  with  this
section, and the amount so deducted shall not be included in the operat-
ing  expense  of  such district for the purposes of computing the appor-
tionment  for  operating  expense  aid pursuant to subdivision eleven of
section thirty-six hundred two of this chapter.
  2. THE STATE SHALL REIMBURSE THE SCHOOL DISTRICT  OF  WHICH  ANY  SUCH
CHILD  IS RESIDENT AT THE TIME OF ADMISSION OR READMISSION TO ANY OF THE
INSTITUTIONS SUBJECT TO THIS ARTICLE FOR TUITION PAID TO THE INSTITUTION
IN AN AMOUNT EQUAL TO THE POSITIVE DIFFERENCE BETWEEN THE AMOUNT OF SUCH
TUITION  AND  THE  SCHOOL  DISTRICT  BASIC  CONTRIBUTION.   SUCH   STATE
REIMBURSEMENT  TO  THE  SCHOOL DISTRICT SHALL NOT BE PAID PRIOR TO APRIL
FIRST OF THE SCHOOL YEAR IN WHICH SUCH TUITION COSTS  ARE  PAID  BY  THE
SCHOOL  DISTRICT.  THE TUITION INCURRED THROUGH DECEMBER THIRTY-FIRST OF
SUCH SCHOOL YEAR SHALL BE PAYABLE PRIOR TO JUNE THIRTIETH OF SUCH SCHOOL
YEAR, PROVIDED THAT A CLAIM IS SUBMITTED ON OR BEFORE JUNE FIRST.
  S 54. Section 4207 of the education law, subdivision 1 as  amended  by
chapter 352 of the laws of 1958, subdivision 2 as amended by chapter 496
of the laws of 1986, is amended to read as follows:
  S 4207. Support and term of instruction of blind state pupils. 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.
  2. FOR EXPENSES INCURRED IN  THE  TWO  THOUSAND  ELEVEN--TWO  THOUSAND
TWELVE SCHOOL YEAR AND THEREAFTER, EACH BLIND PUPIL SO RECEIVED INTO ANY
OF  THE  INSTITUTIONS  SUBJECT  TO  THIS  ARTICLE SHALL BE PROVIDED WITH
BOARD, LODGING AND TUITION, AND SUCH INSTITUTIONS  SHALL  BE  REIMBURSED
FOR SUCH EXPENSES IN ACCORDANCE WITH THIS SUBDIVISION.
  A. THE COSTS OF TUITION, AS DEFINED IN SECTION FORTY-TWO HUNDRED ELEV-
EN  OF THIS ARTICLE, SHALL BE A CHARGE UPON THE SCHOOL DISTRICT OF WHICH
ANY SUCH CHILD IS RESIDENT AT THE TIME OF ADMISSION  OR  READMISSION  TO
ANY OF THE INSTITUTIONS SUBJECT TO THIS ARTICLE AND THE DIRECTORS OF THE
INSTITUTION  SHALL BILL SUCH SCHOOL DISTRICT FOR SUCH TUITION COSTS ON A
QUARTERLY BASIS. THE FIRST  SUCH  QUARTERLY  PAYMENT  MAY  BE  BASED  ON
PROJECTED   ENROLLMENT,  PROVIDED  THAT  SUBSEQUENT  PAYMENTS  SHALL  BE
ADJUSTED TO REFLECT ACTUAL ENROLLMENT. THE AMOUNT  OF  TUITION  PAID  BY
SUCH SCHOOL DISTRICT SHALL BE ELIGIBLE FOR REIMBURSEMENT BY THE STATE TO
THE EXTENT PROVIDED IN SECTION FORTY-TWO HUNDRED FOUR-B OF THIS ARTICLE.
  B. THE COSTS OF BOARD AND LODGING SHALL BE A CHARGE UPON THE STATE 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-

S. 2808--D                         32                         A. 4008--D

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  AND  LODGING  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  WHO  RECEIVED
BOARD  AND  LODGING,  WHICH  BILL SHALL BE SIGNED BY THE CHIEF EXECUTIVE
OFFICER OF THE INSTITUTION, AND VERIFIED BY HIS OATH.
  3. The regular term of instruction of any such blind pupil in the  New
York  Institute  for Special Education shall be eight years. The commis-
sioner [of education] may in his discretion extend the term of any pupil
for a period not exceeding three years. It shall also be lawful for  the
commissioner  [of education] to continue such pupils as state pupils for
an additional period of three years  for  the  purpose  of  pursuing  or
completing  a  course  of  high school study; such pupils must be recom-
mended by the trustees of the New York Institute for  Special  Education
before such extension is granted.
  [3.]  4.  The term of appointment for blind babies and children of the
age of fifteen years and under received into any institution in  accord-
ance  with  [paragraph c of subdivision one of section forty-two hundred
six of] this article shall be at the discretion of the commissioner  [of
education].
  [4.]  5. Children placed in any such institutions for the blind pursu-
ant to section forty-two hundred six shall be maintained therein [at the
expense of the state] for the period of time the school is in session.
  S 55. Intentionally omitted.
  S 56. Intentionally omitted.
  S 57. Intentionally omitted.
  S 58. Subdivision 6 of section 4402 of the education law,  as  amended
by chapter 2 of the laws of 2011, 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 [eleven] TWELVE of the [two
thousand ten--two thousand eleven]  TWO  THOUSAND  ELEVEN--TWO  THOUSAND
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

S. 2808--D                         33                         A. 4008--D

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 3 of section 4408 of the education law,  as  amended
by  section 33 of part A-1 of chapter 58 of the laws of 2006, is amended
to read as follows:
  3. Payment schedule. For aid payable  in  the  two  thousand  six--two
thousand  seven school year, moneys appropriated annually to the depart-
ment from the general fund - local assistance account under the [elemen-
tary, middle and secondary education] OFFICE OF PREKINDERGARTEN  THROUGH
GRADE TWELVE 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, (ii) for the purposes of subdivision
four  of  this  section for schools operated under articles eighty-seven
and eighty-eight of this chapter, and (iii) notwithstanding  any  incon-
sistent  provisions  of this chapter, for payments made pursuant to this
section for current school year  obligations,  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.
  S 60. Subdivision 5 of section 4408 of the education law,  as  amended
by chapter 82 of the laws of 1995, is amended to read as follows:
  5.  State  share.    In accordance with the provisions of subparagraph
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  security
act,  in  special  education programs provided 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

S. 2808--D                         34                         A. 4008--D

THOUSAND ELEVEN, SUCH STATE SHARE SHALL BE  DESIGNATED  AND  TRANSFERRED
PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-B OF THIS CHAPTER.
  S 61. Intentionally omitted.
  S 62. Intentionally omitted.
  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
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

S. 2808--D                         35                         A. 4008--D

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 cents per contact hour [where  a  contact  hour
represents sixty minutes of instruction services provided to an eligible
adult],  REIMBURSEMENT  FOR  THE 2010--2011 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--2012  SCHOOL  YEAR  SHALL NOT EXCEED 62.9 PERCENT OF THE LESSER OF
SUCH APPROVABLE COSTS PER CONTACT HOUR OR  TWELVE  DOLLARS  AND  FIFTEEN
CENTS PER CONTACT HOUR, WHERE A CONTACT HOUR REPRESENTS SIXTY MINUTES OF
INSTRUCTION SERVICES PROVIDED TO AN ELIGIBLE ADULT.  Notwithstanding 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   thousand   nine   hundred   seven
(1,763,907)  hours;  WHEREAS FOR THE 2010--2011 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--2012
SCHOOL  YEAR  SUCH  CONTACT  HOURS  SHALL  NOT  EXCEED ONE MILLION SEVEN
HUNDRED ONE THOUSAND FIVE HUNDRED SEVENTY (1,701,570) HOURS.    Notwith-
standing  any  other provision of law to the contrary, the apportionment
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  educa-
tion,  not  to  exceed the contact hours set forth herein, were eligible
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
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 WORKFORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE  CREDITED
TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).

S. 2808--D                         36                         A. 4008--D

  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 chapter 2 of  the  laws
of 2011, is amended to read as follows:
  S  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
repealed on June 30, [2011] 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 chapter 2 of the laws of 2011, 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, twenty-two and twenty-three of this  act  shall  expire  and  be
deemed repealed on March 31, [2012] 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 chapter 2 of the laws of 2011,  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,
[2011] 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, [2011] 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 2 of the laws of  2011,  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
effect  on  and  after January 1, 1996[, and provided, further that this
act shall be deemed repealed on and after January 1, 2015].
  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 2 of the laws
of 2011, is amended to read as follows:

S. 2808--D                         37                         A. 4008--D

  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, [2011] 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 2 of the laws of 2011, 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, [2011] 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 2 of the laws of 2011, 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, [2011] 2012.
  S 75. Paragraph a-1 of subdivision 11 of section 3602 of the education
law,  as  amended  by  section 39 of part A of chapter 57 of the laws of
2009, is amended to read as follows:
  a-1. Notwithstanding the provisions of paragraph a  of  this  subdivi-
sion, for aid payable in the school years two thousand--two thousand one
through   two   thousand   nine--two  thousand  ten,  AND  TWO  THOUSAND
ELEVEN--TWO THOUSAND TWELVE, the commissioner may set  aside  an  amount
not  to  exceed two million five hundred thousand dollars from the funds
appropriated for purposes of this subdivision for the purpose of serving
persons twenty-one years of age or older who have not been  enrolled  in
any  school  for  the  preceding school year, including persons who have
received a high school diploma or high school  equivalency  diploma  but
fail  to  demonstrate basic educational competencies as defined in regu-
lation by the  commissioner,  when  measured  by  accepted  standardized
tests, and who shall be eligible to attend employment preparation educa-
tion programs operated pursuant to this subdivision.
  S 76. Intentionally omitted.
  S 77. Intentionally omitted.
  S 78. Intentionally omitted.
  S 79. Subdivision 11 of section 94 of part C of chapter 57 of the laws
of  2004,  relating  to support of education, as amended by chapter 2 of
the laws of 2011, is amended to read as follows:
  11. section seventy-one  of  this  act  shall  expire  and  be  deemed
repealed June 30, [2011] 2012;
  S  80. Section 6-p of the general municipal law is amended by adding a
new subdivision 11 to read as follows:
  11. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  A
BOARD  OF COOPERATIVE EDUCATIONAL SERVICES THAT HAS BEEN DETERMINED UPON
STATE AUDIT OR IN ITS ANNUAL INDEPENDENT AUDIT TO  HAVE  ACCUMULATED  AN
EXCESS  IN  SUCH  FUND  OVER  THE  SUM SUFFICIENT TO PAY ALL LIABILITIES
INCURRED OR ACCRUED AGAINST IT SHALL WITHDRAW THE AMOUNT OF SUCH  EXCESS
AS  OF  THE  DATE  OF WITHDRAWAL AND SHALL DISTRIBUTE SUCH AMOUNT TO ALL
SCHOOL DISTRICTS THAT PAID TO  SUCH  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  MONEYS THAT WERE DEPOSITED TO SUCH FUND IN THE SAME PROPORTION
AS THE TOTAL PAYMENTS FROM SUCH SCHOOL DISTRICT INTO SUCH FUND BEARS  TO
THE  TOTAL PAYMENTS FROM ALL SCHOOL DISTRICTS INTO SUCH FUND, OR, AT THE
REQUEST OF THE SCHOOL DISTRICT, MAY USE SUCH AMOUNT TO OFFSET THE ADMIN-
ISTRATIVE AND CAPITAL EXPENSES PAYABLE BY THE  SCHOOL  DISTRICT  IN  THE
CURRENT  SCHOOL  YEAR,  AND  ANY SUCH AMOUNT ATTRIBUTABLE TO AN APPROVED

S. 2808--D                         38                         A. 4008--D

COST OF SERVICE COMPUTED PURSUANT TO SUBDIVISION FIVE OF  SECTION  NINE-
TEEN  HUNDRED  FIFTY  OF  THE EDUCATION LAW SHALL NOT BE INCLUDED IN THE
APPROVED COST OF SERVICES  COMPUTED  PURSUANT  TO  SUBDIVISION  FIVE  OF
SECTION  NINETEEN  HUNDRED  FIFTY  OF THE EDUCATION LAW. SUCH WITHDRAWAL
SHALL BE MADE WITHIN THIRTY DAYS AFTER THE AUDIT BECOMES FINAL OR WITHIN
THIRTY DAYS AFTER THIS SUBDIVISION TAKES EFFECT, WHICHEVER IS LATER.
  S 80-a. Paragraph b of subdivision 5 of section 1950 of the  education
law, as amended by chapter 53 of the laws of 1990, is amended to read as
follows:
  b.  The  cost of services herein referred to shall be the amount allo-
cated to each component school district  by  the  board  of  cooperative
educational  services to defray expenses of such board, except that that
part of the salary paid any teacher, supervisor or other employee of the
board of cooperative educational services which is in excess  of  thirty
thousand  dollars shall not be such an approved expense, and except also
that administrative and clerical expenses shall not exceed  ten  percent
of  the  total  expenses  for  purposes  of this computation. Any gifts,
donations or interest earned by the  board  of  cooperative  educational
services  or  on behalf of the board of cooperative educational services
by the dormitory authority or any other source shall not be deducted  in
determining  the  cost  of  services  allocated to each component school
district. ANY PAYMENTS MADE TO A COMPONENT SCHOOL DISTRICT BY THE  BOARD
OF  COOPERATIVE  EDUCATIONAL  SERVICES PURSUANT TO SUBDIVISION ELEVEN OF
SECTION SIX-P OF THE GENERAL MUNICIPAL LAW ATTRIBUTABLE TO  AN  APPROVED
COST  OF SERVICE COMPUTED PURSUANT TO THIS SUBDIVISION SHALL BE DEDUCTED
FROM THE COST OF SERVICES ALLOCATED TO SUCH COMPONENT  SCHOOL  DISTRICT.
The  expense  of  transportation  provided  by  the board of cooperative
educational services pursuant to paragraph q of subdivision four of this
section shall be eligible for aid apportioned  pursuant  to  subdivision
seven  of section thirty-six hundred two of this chapter and no board of
cooperative educational services  transportation  expense  shall  be  an
approved cost of services for the computation of aid under this subdivi-
sion. Transportation expense pursuant to paragraph q of subdivision four
of  this section shall be included in the computation of the ten percent
limitation on administrative and clerical expenses.
  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 SUBDIVISION SEVENTEEN OF SECTION THIRTY-SIX HUNDRED TWO
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 INFORMA-
TION  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

S. 2808--D                         39                         A. 4008--D

the 2011-2012 school year, 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-pro-
fit  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
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. 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 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, 2012, for salary expenses incurred between April 1
and June 30, 2012 and such apportionment shall not exceed the sum of (i)
the deficit reduction assessment of 1990-91 as determined by the commis-
sioner 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
population 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  plus (iv) the net gap elimination
adjustment for 2010-2011, as determined by the commissioner of education
pursuant to chapter fifty-three of the laws of two  thousand  ten,  plus
(v)  the  gap  elimination  adjustment  for 2011-12 as determined by the
commissioner of education pursuant to subdivision 17 of section 3602  of
the  education  law,  and provided further that such apportionment 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.

S. 2808--D                         40                         A. 4008--D

  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
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. Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2012, a school district  eligi-
ble  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 and 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 chang-
es  for  such  public pension liabilities. The amount of such additional
accrual shall be certified to the commissioner of education by the pres-
ident 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

S. 2808--D                         41                         A. 4008--D

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
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  2011-12  school  year,  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-

S. 2808--D                         42                         A. 4008--D

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
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 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 subdivi-
sion 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

S. 2808--D                         43                         A. 4008--D

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
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. sections seventy-two through seventy-four of this  act  shall  take
effect  immediately  and  shall be deemed to have been in full force and
effect on and after June 30, 2011;
  2. sections two, three, thirty-nine, sixty-five and sixty-six 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;
  3. sections twenty-one, twenty-two, twenty-five through  twenty-seven,
thirty-five  through  thirty-eight,  forty-two,  forty-three, forty-six,
fifty-one through fifty-four,  fifty-eight  through  sixty,  sixty-four,
seventy-nine,  eighty, eighty-two, eighty-seven and eighty-eight of this
act shall take effect July 1, 2011;
  4. 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;
  5.  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;
  6.  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;

S. 2808--D                         44                         A. 4008--D

  7. section seventy of this act shall take effect immediately and shall
be  deemed to have been in full force and effect on and after January 1,
2011;
  8.  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;
  9. 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;
  10.  the amendments to subdivision 6 of section 4402 of the  education
law, made by section fifty-eight of this act shall not affect the repeal
of such subdivision and shall be deemed repealed therewith; and
  11.  the  amendments  to  subdivision  b of section 2 and 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, made by sections sixty-five and sixty-six of this  act  shall
not  affect  the  repeal  of  such sections and shall be deemed repealed
therewith.

                                PART A-1

  Section 1. Subdivision 2 of section  701  of  the  education  law,  as
amended  by  section  8 of part L of chapter 405 of the laws of 1999, is
amended to read as follows:
  2. A text-book, for the purposes of this section shall mean:  (i)  any
book,  or  a book substitute, which shall include hard covered or paper-
back books, work books, or manuals and (ii) for expenses incurred  after
July  first,  nineteen  hundred  ninety-nine,  any  courseware  or other
content-based instructional materials in an electronic format,  as  such
terms  are defined in the regulations of the commissioner, which a pupil
is required to use as a text, or  a  text-substitute,  in  a  particular
class  or program in the school he or she legally attends.  FOR EXPENSES
INCURRED ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, A TEXT-BOOK  SHALL
ALSO  MEAN  ITEMS  OF EXPENDITURE THAT ARE ELIGIBLE FOR AN APPORTIONMENT
PURSUANT TO SECTIONS  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE
AND/OR  SEVEN  HUNDRED  FIFTY-THREE  OF THIS TITLE, WHERE SUCH ITEMS ARE
DESIGNATED BY THE SCHOOL DISTRICT AS ELIGIBLE FOR AID PURSUANT  TO  THIS
SECTION, PROVIDED, HOWEVER, THAT IF AIDED PURSUANT TO THIS SECTION, SUCH
EXPENSES  SHALL  NOT  BE  AIDABLE  PURSUANT TO ANY OTHER SECTION OF LAW.
Expenditures aided pursuant to this section shall not  be  eligible  for
aid pursuant to ANY OTHER section [seven hundred eleven or seven hundred
fifty-one]  of  [this  chapter] LAW.   Courseware or other content-based
instructional materials in an electronic format included  in  the  defi-
nition  of textbook pursuant to this subdivision shall be subject to the
same limitations on content as apply to books or book substitutes  aided
pursuant to this section.
  S  2.  Subdivision  2 of section 711 of the education law, as added by
chapter 53 of the laws of 1985, is amended to read as follows:
  2. School library materials, for the purposes of  this  article  shall
mean  both  audio/visual materials and printed materials that may or may
not require magnification which meet all of the following criteria:  (1)
materials  which  are  catalogued  and  processed  as part of the school
library or media center for use by elementary  and/or  secondary  school

S. 2808--D                         45                         A. 4008--D

children  and teachers; (2) materials which with reasonable care and use
may be expected to last more than one  year;  and  (3)  materials  which
would not be eligible for aid pursuant to sections seven hundred one and
seven hundred fifty-one of this [chapter] TITLE.  School library materi-
als  meeting  these  criteria  may  include (i) hard cover and paperback
books, periodicals, that is, publications which appear at regular inter-
vals of less than one year on a continuing basis for an indefinite peri-
od, documents other than books, pamphlets, musical scores, other printed
and published materials, and  (ii)  for  school  year  nineteen  hundred
eighty-six--eighty-seven  and thereafter, audio/visual materials includ-
ing films, film strips, micro-film, sound recordings, processed  slides,
transparencies,  [kinescopies]  KINESCOPES,  video  tapes, maps, charts,
globes, pictorial works, including pictures and  picture  sets,  reprod-
uctions,  photographs, graphic works, and any other audio/visual materi-
als of a similar nature made.
  S 3. Subdivision 2 of section 751 of the education law, as amended  by
section  6  of  part  A of chapter 57 of the laws of 2009, is amended to
read as follows:
  2. A software program, for the purposes of this article shall mean (a)
a computer program which a pupil is required to use as a learning aid in
a particular class in the school the pupil legally attends, or  (b)  for
expenses incurred after July first, two thousand nine, any content-based
instructional  materials  in  an electronic format that are aligned with
state standards which are accessed or  delivered  through  the  internet
based  on  a  subscription  model.  Such electronic format materials may
include a variety of media assets and learning tools,  including  video,
audio,  images,  teacher guides, and student access capabilities as such
terms are defined in the regulations of the commissioner.  FOR  EXPENSES
INCURRED ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, A SOFTWARE PROGRAM
SHALL ALSO MEAN ITEMS OF EXPENDITURE THAT ARE ELIGIBLE FOR AN APPORTION-
MENT PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN AND/OR
SEVEN HUNDRED FIFTY-THREE OF THIS TITLE, WHERE SUCH ITEMS ARE DESIGNATED
BY  THE  SCHOOL  DISTRICT  AS ELIGIBLE FOR AID PURSUANT TO THIS SECTION,
PROVIDED, HOWEVER, THAT IF AIDED PURSUANT TO THIS SECTION, SUCH EXPENSES
SHALL NOT BE AIDABLE PURSUANT TO ANY OTHER SECTION OF LAW.
  S 4. Subdivision 1 of section 753 of the education law,  as  added  by
section  7-a  of part B of chapter 57 of the laws of 2007, is amended to
read as follows:
  1. In addition to any other apportionment under this chapter, a school
district shall be eligible for an apportionment under the provisions  of
this  section  for  approved  expenses  for (i) the purchase or lease of
micro and/or mini computer  equipment  or  terminals  for  instructional
purposes  or  (ii)  technology  equipment,  as defined in paragraph c of
subdivision two of this section, used  for  instructional  purposes,  or
(iii)  for  the repair of such equipment and training and staff develop-
ment for instructional purposes as provided  hereinafter,  OR  (IV)  FOR
EXPENSES INCURRED ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN, ANY ITEMS
OF  EXPENDITURE  THAT  ARE  ELIGIBLE  FOR  AN  APPORTIONMENT PURSUANT TO
SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN  AND/OR  SEVEN  HUNDRED
FIFTY-ONE  OF  THIS TITLE, WHERE SUCH ITEMS ARE DESIGNATED BY THE SCHOOL
DISTRICT AS ELIGIBLE FOR AID PURSUANT TO THIS SECTION, PROVIDED,  HOWEV-
ER,  THAT  IF AIDED PURSUANT TO THIS SECTION, SUCH EXPENSES SHALL NOT BE
AIDABLE PURSUANT TO ANY OTHER  SECTION  OF  LAW.    Such  aid  shall  be
provided pursuant to a plan developed by the district which demonstrates
to  the satisfaction of the commissioner that the instructional computer
hardware needs of  the  district's  public  school  students  have  been

S. 2808--D                         46                         A. 4008--D

adequately met and that the school district has provided for the loan of
instructional  computer hardware to students legally attending nonpublic
schools pursuant to section seven hundred fifty-four  of  this  article.
The apportionment shall equal the lesser of such approved expense in the
base  year or, the product of (i) the technology factor, (ii) the sum of
the public school district enrollment and the nonpublic  school  enroll-
ment in the base year as defined in subparagraphs two and three of para-
graph  n  of  subdivision  one of section thirty-six hundred two of this
chapter, and (iii) the building aid ratio,  as  defined  in  subdivision
four  of section thirty-six hundred two of this chapter. For aid payable
in the two thousand seven--two thousand eight school year and  thereaft-
er, the technology factor shall be twenty-four dollars and twenty cents.
A school district may use up to twenty percent of the product of (i) the
technology factor, (ii) the sum of the public school district enrollment
and  the  nonpublic  school  enrollment  in  the base year as defined in
subparagraphs two and three of paragraph n of subdivision one of section
thirty-six hundred two of this chapter, and (iii) the building aid ratio
for the repair of instructional computer hardware and technology  equip-
ment  and  training  and  staff  development  for instructional purposes
pursuant to a plan submitted to the commissioner.
  S 5. This act shall take effect April 1, 2011.

                                 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 IN
CONSULTATION 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 BEEN IMPLEMENTED WITHIN TWO YEARS PRIOR  TO
A  RESPONSE  TO A REQUEST FOR PROPOSALS ISSUED PURSUANT TO THIS SUBDIVI-
SION OR WILL BE IMPLEMENTED DURING THE CURRENT SCHOOL YEAR;
  (3) SUCH EFFICIENCIES HAVE RESULTED OR WILL RESULT  IN  A  SIGNIFICANT
REDUCTION IN TOTAL OPERATING EXPENSES COMPARED TO THE PRIOR YEAR, IN THE

S. 2808--D                         47                         A. 4008--D

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
  (4) SUCH EFFICIENCIES  ARE  EXPECTED  TO  RESULT  IN  SUBSTANTIAL  AND
SUSTAINABLE COST SAVINGS IN FUTURE YEARS; AND
  (5)  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  FOR THE SAME PURPOSE, BUT MAY BE ELIGIBLE FOR AN AWARD PURSUANT TO
THIS SUBDIVISION FOR ANOTHER SHARED LONG TERM EFFICIENCY OR COST  SAVING
MEASURE. PROVIDED HOWEVER, A DISTRICT WHICH HAS RECEIVED AN AWARD PURSU-
ANT  TO  THE  LOCAL  GOVERNMENT  EFFICIENCY  GRANT PROGRAM AUTHORIZED BY
SUBDIVISION 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, BUT MAY BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
SION FOR ANOTHER LONG TERM EFFICIENCY OR COST SAVINGS MEASURE.
  C.  THE  COMMISSIONER  SHALL  GRANT PRIORITY TO APPLICATIONS THAT HAVE
DEMONSTRATED THAT THE LONG TERM EFFICIENCIES THAT HAVE BEEN IMPLEMENTED:
(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,  EXCEPT  THAT  NO
SINGLE  DISTRICT RECEIVING A GRANT AND NO GROUP OF DISTRICTS RECEIVING A
GRANT JOINTLY MAY BE AWARDED MORE THAN FORTY PERCENT OF THE TOTAL AMOUNT
OF GRANT AWARDS MADE PURSUANT TO THIS SUBDIVISION; AND 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, NARROWING STUDENT ACHIEVEMENT GAPS AND INCREASING  ACADEMIC
PERFORMANCE IN TRADITIONALLY UNDERSERVED STUDENT GROUPS.
  B. THE COMMISSIONER SHALL:

S. 2808--D                         48                         A. 4008--D

  (1)  DEVELOP  A  COMPETITIVE  REQUEST  FOR  PROPOSALS,  WHICH SHALL BE
APPROVED BY THE DIRECTOR OF THE BUDGET, TO BE ISSUED ON OR BEFORE  OCTO-
BER  FIRST,  TWO THOUSAND ELEVEN AND SHALL ENSURE THAT GRANTS WILL FIRST
BE AWARDED PURSUANT TO THIS SUBDIVISION DURING THE TWO THOUSAND  ELEVEN-
TWO THOUSAND TWELVE SCHOOL YEAR.
  (2)  CREATE A PEER REVIEW PANEL AND 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.   PROVIDED FURTHER THAT SUCH RUBRIC SHALL GRANT PRIORITY TO
THOSE ELIGIBLE DISTRICTS WHOSE  PROGRAMS  BENEFIT  STUDENTS  HAVING  THE
GREATEST EDUCATIONAL NEEDS, INCLUDING BUT NOT LIMITED TO:
  (A) STUDENTS WITHIN TRADITIONALLY UNDERSERVED STUDENT GROUPS;
  (B)  STUDENTS  WITH  LIMITED  ENGLISH PROFICIENCY AND STUDENTS WHO ARE
ENGLISH LANGUAGE LEARNERS;
  (C) STUDENTS IN POVERTY;
  (D) STUDENTS WITH DISABILITIES; AND
  (E) STUDENTS WITH LOW ACADEMIC 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; AND/OR
  (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
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;

S. 2808--D                         49                         A. 4008--D

  (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  THAT  NO  DISTRICT  RECEIVING A GRANT MAY BE AWARDED MORE THAN
FORTY PERCENT OF THE TOTAL AMOUNT OF GRANT AWARDS MADE PURSUANT TO  THIS
SUBDIVISION; AND PROVIDED FURTHER THAT SUCH AMOUNT MAY BE ADJUSTED BASED
UPON MEASURES OF DISTRICT NEED.
  F. ANY SCHOOL DISTRICT RECEIVING AN AWARD PURSUANT TO THIS SUBDIVISION
SHALL  EXPEND GRANT FUNDS IN ACCORDANCE WITH A HIGH-QUALITY PLAN SUBMIT-
TED 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, INCREAS-
ING STUDENT PERFORMANCE, NARROWING  THE  STUDENT  ACHIEVEMENT  GAP,  AND
INCREASING  ACADEMIC  PERFORMANCE  IN  TRADITIONALLY UNDERSERVED STUDENT
GROUPS.
  S 3. 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, A-1 and B of this act shall be
as specifically set forth in the last section of such Parts.

                                 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. Subdivision 3 of section 97-zzz of  the  state  finance  law,  as
amended  by  section  1  of part Q of chapter 57 of the laws of 2005, is
amended to read as follows:
  3. Moneys of this account, following appropriation by the legislature,
shall be available to support the following agencies and  programs:  (a)
the state education department for services and expenses of the cultural
education  program including operating expenses and capital projects and

S. 2808--D                         50                         A. 4008--D

the New York state summer school of the arts subject to a plan  approved
by the commissioner of education and the director of the budget; AND (b)
[the  New York state theatre institute subject to a plan approved by the
director  of  the  budget; and (c)] the Nelson A. Rockefeller performing
arts center corporation subject to a plan approved by  the  director  of
the budget.
  S  4. Paragraph (w) of subdivision 1 of section 17 of the public offi-
cers law, as added by chapter 131 of the laws of 2010, is REPEALED.
  S 5. 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  in  the  State  of  New  York, acting by the commissioner of the
office of general services.
  S 6.  Notwithstanding any other provision of law, the commissioner  of
general  services  is  authorized  to  transfer  and  convey to the Sage
Colleges certain state land described in section seven of this  act  and
certain   personal  property  within  the  improvements  upon  the  land
described in section seven of this act and personal  property  contained
in  storage units 405, 440 and 447 located at Mabey's Storage, 515 Third
Avenue Extension in the City of Rensselaer, County  of  Rensselaer,  and
State of New York and within the trailers located at 34-36 River Street,
in  the  city  of  Troy,  County  of  Rensselaer, and State of New York.
Transfer and conveyance of said land and personal property is to be made
at such time and upon terms and conditions, including consideration,  as
the commissioner of general services may fix and determine.
  S  7.    The  property  authorized  by  this act to be transferred and
conveyed is as follows:
  All that certain piece or parcel of land, situate, lying and being  in
the  First  ward  of  the  City of Troy, Rensselaer County, State of New
York, being more particularly described as follows:
  BEGINNING at a point in the Northeast corner of  Second  and  Division
Streets  in  said City and runs thence Easterly along the northerly line
of Division Street to the westerly line of the alley known  as  Franklin
Street;  running  thence  northerly  along the westerly line of Franklin
Street to the northerly line of Lot #283; running thence westerly  along
said northerly line of said Lot #283 81 feet to the northeasterly corner
of  the  former  Engine House; thence southerly along said former Engine
House parallel to Second Street 13.5 feet; thence  westerly  on  a  line
parallel  to  the northerly line of said lot #283 a distance of 12 feet;
thence southerly on a line parallel to Second Street 11.5  feet;  thence
westerly on a line parallel to the northerly line of said Lot #283 along
the  southerly  wall  of the former Engine House Building 32 feet to the
easterly line of Second Street; thence southerly along the easterly line
of Second Street 50 feet 10 inches to the place of beginning.
  And all that tract or parcel of land, situated in the City of Troy, in
the County of Rensselaer, State of New York and being the south part  of
lot  number  sixty-five and the north part of lot number sixty-four, and
which part of said lots hereby intended to be conveyed are  bounded  and
described as follows:
  BEGINNING  in the westerly boundary line of First Street at the center
of the partition wall which divides the dwelling house lately  owned  by
Eli  Burritt,  deceased,  standing  on said Lot No. 65 from the dwelling
house formerly owned by Ebenezer Wiswall standing  partly  on  said  lot
number  65  and  partly on said lot number 64 at the distance of 30 feet
southerly from the northeast corner of said lot number  65  and  running

S. 2808--D                         51                         A. 4008--D

thence  westerly along the center of said partition wall to the west end
thereof and thence westerly on a line parallel with the  north  boundary
line  of  lot number 65 at a distance of 30 feet southerly therefrom the
alley  in  the  rear  of said lot, thence southerly on the east boundary
line of said alley 30 feet, thence easterly  on  line  running  parallel
with  the  division line between said lot number 64 and lot number 63 at
the distance of 40 feet northerly therefrom to the center  of  the  west
end  of  the  partition  wall  which  divides  the said dwelling of said
Ebenezer Wiswall from the dwelling formerly owned  by  John  P.  Cushman
standing on said lot number 64, thence easterly along the center of said
partition  wall  last  mentioned  to said First Street, thence northerly
along the west boundary line of said First Street to the place of begin-
ning.
  S 8.  The description in section seven of this act of the property  to
be  transferred  and  conveyed is not intended to be a legal description
but is intended to identify the assets to be conveyed.
  S 9. Any assets transferred and conveyed pursuant to this act shall be
used primarily for the purposes of bringing arts  to  the  children  and
young people of this state.
  S  10.  Any such transfer and conveyance pursuant to the provisions of
section six of this act shall  occur  only  after  the  New  York  State
archives  and the office of general services have entered upon the state
land described in section seven of this act and  reviewed  the  contents
thereof  and  the  personal property contained in storage units 405, 440
and 447 located at Mabey's  Storage, 515 Third Avenue Extension  in  the
City  of  Rensselaer,  County  of  Rensselaer, and State of New York and
within the trailers located at 34-36 River Street, in the City of  Troy,
County of Rensselaer, and State of New York and all steps necessary have
been  taken  by the state archives and the office of general services to
effectuate the transfer and assumption of all books, papers  and  intel-
lectual property of the New York State Theatre Institute to the New York
state archives as required by law.
  S  11. The office of general services shall not transfer or convey the
aforesaid real and personal property unless application is made  by  The
Sage Colleges within one year after the effective date of this act.
  S 12. This act shall take effect immediately.

                                 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 C. 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:

S. 2808--D                         52                         A. 4008--D

  a.  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.
  S  2.  Subdivision 12 of section 373 of the education law, as added by
chapter 251 of the laws of 1962, is amended to read as follows:
  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 SUBDIVISION TWO OF SECTION ONE HUNDRED TWELVE
OF THE STATE FINANCE LAW OR ANY OTHER LAW TO THE CONTRARY, FUND PROCURE-
MENTS SHALL NOT BE SUBJECT TO THE PRIOR APPROVAL OF ANY STATE OFFICER OR
AGENCY;
  S 3. The opening paragraph and paragraph d of subdivision 8 of section
376 of the education law, the opening paragraph as  amended  by  chapter
877  of  the laws of 1990 and paragraph d as added by chapter 251 of the
laws of 1962, are amended to read as follows:
  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  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 unan-
ticipated, 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,  recon-
struction 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:

S. 2808--D                         53                         A. 4008--D

  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.
  S  4.  This  act shall take effect immediately and shall expire and be
deemed repealed June 30, 2016.

                                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] SUBDIVISION two 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 AND CONSTRUCTION-RELATED SERVICES contracts
[to an amount not exceeding twenty thousand dollars], 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 inconsist-
ent 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  consultation  with the commissioner of
general services, 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 regulations promulgated by the state university
board of trustees shall, to the extent practicable, require that compet-
itive  proposals  be solicited for purchases, and shall include require-
ments 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];
  A-1.  EXECUTE CONTRACTS FOR SERVICES TO AN AMOUNT NOT EXCEEDING TWENTY
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 GUIDELINES PROMULGATED BY THE STATE UNIVERSITY BOARD
OF  TRUSTEES AFTER CONSULTATION WITH THE STATE COMPTROLLER. IN ADDITION,
THE TRUSTEES,  AFTER  CONSULTATION  WITH  THE  COMMISSIONER  OF  GENERAL
SERVICES,  ARE  AUTHORIZED  TO  ANNUALLY  NEGOTIATE WITH THE STATE COMP-

S. 2808--D                         54                         A. 4008--D

TROLLER INCREASES IN THE AFOREMENTIONED DOLLAR LIMITS AND THE  EXEMPTION
OF ANY SERVICES OR CATEGORIES OF SERVICES FROM THESE LIMITS;
  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
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] 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
competitive 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 peri-
od, 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.
  E.  GUIDELINES  PROMULGATED  BY THE STATE 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  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.
  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 comptroller
and  the  attorney  general  including  contracts with non-profit corpo-
rations 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 partic-
ipation in federal student loan programs, including any and all  instru-
ments  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

S. 2808--D                         55                         A. 4008--D

of  money  appropriated  or otherwise lawfully available therefor at the
time the liability for payment arises.   THE FOREGOING  NOTWITHSTANDING,
ANY  CONTRACT  MADE  FOR OR BY THE STATE UNIVERSITY FOR THE PURCHASE OF:
(I)  MATERIALS,  EQUIPMENT  AND  SUPPLIES, INCLUDING COMPUTER EQUIPMENT;
(II)  MOTOR  VEHICLES;  (III)  CONSTRUCTION   AND   CONSTRUCTION-RELATED
SERVICES  CONTRACTS;  AND  (IV)  PRINTING  SHALL NOT BE SUBJECT TO PRIOR
APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY.
  S 2.  Subdivision a of section 6218 of the education law,  as  amended
by chapter 697 of the laws of 1993, is amended and a new subdivision a-1
is added to read as follows:
  a.  Notwithstanding  the  provisions of [paragraph] SUBDIVISION two 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  contra-
ry, the city university [trustees are] IS authorized and empowered to:
  (1) (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]
CONSTRUCTION AND  CONSTRUCTION-RELATED  SERVICES  CONTRACTS,  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 other-
wise  inconsistent with the provisions of this section and in accordance
with the [rules and regulations]  GUIDELINES  promulgated  by  the  city
university  board  of  trustees  after consultation with the state comp-
troller. [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 regulations promulgated by the city univer-
sity 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.]
  (2)  EXECUTE  CONTRACTS FOR SERVICES TO AN AMOUNT NOT EXCEEDING TWENTY
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 GUIDELINES PROMULGATED BY THE CITY UNIVERSITY BOARD
OF TRUSTEES AFTER CONSULTATION WITH THE STATE COMPTROLLER. IN  ADDITION,
THE  TRUSTEES,  AFTER  CONSULTATION  WITH  THE  COMMISSIONER  OF GENERAL
SERVICES, ARE AUTHORIZED TO ANNUALLY  NEGOTIATE  WITH  THE  STATE  COMP-
TROLLER  INCREASES IN THE AFOREMENTIONED DOLLAR LIMITS AND THE EXEMPTION
OF ANY SERVICES OR CATEGORIES OF SERVICES FROM THESE LIMITS.
  A-1. 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 AVAILABLE
PRICE.
  S 3. The education law is amended by adding a new section 6283 to read
as follows:
  S 6283.  PROCUREMENTS OF THE FUND.  NOTWITHSTANDING SUBDIVISION TWO OF
SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW OR ANY OTHER LAW  TO
THE  CONTRARY,  FUND  PROCUREMENTS  SHALL  NOT  BE  SUBJECT TO THE PRIOR
APPROVAL OF ANY STATE OFFICER OR AGENCY.

S. 2808--D                         56                         A. 4008--D

  S 4. This act shall take effect immediately and shall  expire  and  be
deemed repealed June 30, 2016.

                                SUBPART C

  Section  1. Paragraph b of subdivision 16 of section 355 of the educa-
tion law, as added by chapter 363 of the laws of  1998,  is  amended  to
read as follows:
  b.   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]  SUBDIVISION  TWO
OF  SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW, subdivision six
of section one hundred sixty-three  of  the  state  finance  law[,]  AND
SECTION SIXTY-THREE OF THE EXECUTIVE LAW (I) authorize contracts for the
purchase of goods [and services] for state university health care facil-
ities[:
  (1)  for  any  contract  which  does  not exceed seventy-five thousand
dollars; or
  (2)] WITHOUT PRIOR APPROVAL BY ANY  OTHER  STATE  OFFICER  OR  AGENCY,
INCLUDING CONTRACTS for joint or group purchasing arrangements [which do
not  exceed  seventy-five thousand dollars without prior approval by any
other state, officer or agency] OF GOODS, in accordance with  procedures
and  requirements  found  in  paragraph  a  of  subdivision five of this
section[.
  (3) contracts], AND (II) AUTHORIZE CONTRACTS FOR SERVICES 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.  CONTRACTS
authorized [hereunder] PURSUANT TO THIS PARAGRAPH 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.
  The trustees are authorized to negotiate annually with the state comp-
troller increases in the aforementioned dollar limits.
  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 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. 2808--D                         57                         A. 4008--D

  S  3.  This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through C 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
NON-PUBLIC DEGREE-GRANTING INSTITUTION THAT DOES NOT OFFER A PROGRAM  OF
STUDY  THAT LEADS TO A BACCALAUREATE DEGREE, OR AT A REGISTERED 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  BACCALAUREATE
DEGREE,  FOUR  THOUSAND  DOLLARS.   PROVIDED, HOWEVER, THAT THIS SUBITEM
SHALL NOT APPLY TO STUDENTS ENROLLED IN A PROGRAM OF STUDY LEADING 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,
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:

S. 2808--D                         58                         A. 4008--D

  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 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:

S. 2808--D                         59                         A. 4008--D

  (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
                                    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  STUDENTS ENROLLED IN A PROGRAM OF REMEDIAL STUDY 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

S. 2808--D                         60                         A. 4008--D

  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 STUDENTS ENROLLED IN A PROGRAM OF REMEDIAL STUDY 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
TEN, AND FOR STUDENTS ENROLLED IN A PROGRAM OF REMEDIAL STUDY AS DEFINED
IN  PARAGRAPH  D OF THIS SUBDIVISION WHO FIRST RECEIVED AID IN TWO THOU-
SAND 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

S. 2808--D                         61                         A. 4008--D

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 STUDENTS ENROLLED IN A PROGRAM OF REMEDIAL STUDY 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
  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 A STUDENT
ENROLLED IN A PROGRAM OF REMEDIAL STUDY AS DEFINED  IN  PARAGRAPH  D  OF
THIS  SUBDIVISION,  AND  ARE ENROLLED IN A FOUR-YEAR OR FIVE-YEAR UNDER-
GRADUATE PROGRAM WHOSE TERMS ARE ORGANIZED 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

S. 2808--D                         62                         A. 4008--D

  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 A  STUDENT
ENROLLED  IN  A  PROGRAM  OF REMEDIAL STUDY AS DEFINED IN PARAGRAPH D OF
THIS SUBDIVISION, AND ARE ENROLLED IN A TWO-YEAR  UNDERGRADUATE  PROGRAM
WHOSE TERMS ARE ORGANIZED IN SEMESTERS:

  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 A  STUDENT
ENROLLED  IN  A  PROGRAM  OF REMEDIAL STUDY AS DEFINED IN PARAGRAPH D OF
THIS SUBDIVISION, AND ARE ENROLLED IN A FOUR-YEAR  OR  FIVE-YEAR  UNDER-
GRADUATE PROGRAM WHOSE TERMS ARE ORGANIZED ON A TRIMESTER BASIS:

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

S. 2808--D                         63                         A. 4008--D

  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 A STUDENT
ENROLLED IN A PROGRAM OF REMEDIAL STUDY 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 STUDENT ENROLLED
IN A PROGRAM OF REMEDIAL STUDY SHALL MEAN A STUDENT: (A) WHOSE SCORES ON
A  RECOGNIZED  COLLEGE PLACEMENT EXAM OR NATIONALLY RECOGNIZED STANDARD-
IZED EXAM INDICATED THE NEED FOR REMEDIATION FOR AT LEAST TWO SEMESTERS,
AS CERTIFIED BY THE APPROPRIATE COLLEGE OFFICIAL  AND  APPROVED  BY  THE
COMMISSIONER;  OR (B) WHO WAS ENROLLED IN AT LEAST SIX SEMESTER HOURS OF
NON-CREDIT REMEDIAL COURSES, AS APPROVED BY  THE  COMMISSIONER,  IN  THE
FIRST  TERM  THEY  RECEIVED  A  TUITION  ASSISTANCE  PROGRAM AWARD IN AN
APPROVED PROGRAM; OR (C) WHO IS OR WAS ENROLLED IN THE HIGHER  EDUCATION
OPPORTUNITY  PROGRAM  (HEOP), THE EDUCATIONAL OPPORTUNITY PROGRAM (EOP),
THE SEARCH FOR EDUCATION, ELEVATION AND KNOWLEDGE (SEEK) PROGRAM, OR THE
COLLEGE DISCOVERY (CD) 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

S. 2808--D                         64                         A. 4008--D

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
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. 2808--D                         65                         A. 4008--D

  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
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. 2808--D                         66                         A. 4008--D

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
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.  Subdivision  13  of section 425 of the real property tax law is
amended by adding a new paragraph (d) to read as follows:
  (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 3. The real property tax law is amended by adding a new section  496
to read as follows:
  S 496. VOLUNTARY 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 TEN 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

S. 2808--D                         67                         A. 4008--D

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 4. 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 5. 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 6. 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

S. 2808--D                         68                         A. 4008--D

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 7. 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  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 THIR-
TEEN.
  (B) 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  SOLELY
FOR SUCH SPECIAL ASSESSING UNITS.
  S 8. This act shall take effect immediately.

                                 PART O

  Section  1. Paragraph c of subdivision 1 of section 4405 of the educa-
tion law, as added by section 2 of part G2 of chapter 62 of the laws  of
2003, is amended to read as follows:
  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] THIRTY-EIGHT AND FOUR HUNDRED  TWENTY-
FOUR THOUSANDTHS percent reimbursement by the child's school district of
residence  pursuant  to the provisions of subdivision ten of section one

S. 2808--D                         69                         A. 4008--D

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] EIGHTEEN AND FOUR
HUNDRED TWENTY-FOUR THOUSANDTHS PERCENT REIMBURSEMENT BY THE  STATE  AND
THIRTY-EIGHT AND FOUR HUNDRED TWENTY-FOUR THOUSANDTHS percent reimburse-
ment  by school districts in accordance with paragraph [(c)] C of subdi-
vision 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  school by a school district such expenditures shall be
subject to fifty percent reimbursement by the state after first  deduct-
ing therefrom any federal funds received or to be received on account of
such  expenditures  and  there  shall  be  no  reimbursement  by  school
districts. Such expenditures 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 consulta-
tion 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 be deemed to expire
therewith.

                                 PART P

  Intentionally omitted.

                                 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

S. 2808--D                         70                         A. 4008--D

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.    (a)  Notwithstanding the provisions of paragraph (c) of
subdivision 15 of section 501 of the executive law, or any other law  to
the  contrary,  the  commissioner  of  the office of children and family
services is authorized to close in state fiscal year 2011-12 any of  the
facilities  operated  by the office of children and family services, and
make significant service reductions, public employee staffing reductions
and/or transfer operations to a private or not-for-profit entity accord-
ing to this section as shall be determined by  the  commissioner  to  be
necessary for the cost-effective and efficient operation of such facili-
ties.
  (b)  At  least sixty days prior to the anticipated closure of any such
facility, or any significant service reductions, public employee  staff-
ing  reductions  and/or  transfer of operations to a private or not-for-
profit entity, the commissioner of the office  of  children  and  family
services  shall  provide  notice  of  such  action to the speaker of the
assembly and the temporary president of the senate and shall  post  such
notice  upon its public website. The commissioner shall be authorized to
conduct any and all preparatory actions which may be required to  effec-
tuate  such  closures  or  significant service or staffing reductions or
transfers of operations during such sixty day period. In assessing which
of such facilities to close, or at which to  implement  any  significant
service  reductions, public employee staffing reductions and/or transfer
of operations to a private or not-for-profit  entity,  the  commissioner
shall  consider  the  following  factors: (1) ability to provide a safe,
humane and therapeutic environment for placed youth; (2) ability to meet
the educational, mental health, substance abuse  and  behavioral  health
treatment needs of placed youth; (3) community networks and partnerships
that  promote the social, mental, economic and behavioral development of
placed youth; (4) future capacity requirements for the effective  opera-
tion  of  youth  facilities; (5) the physical characteristics, condition
and costs of operation of the facility; and  (6)  the  location  of  the
facility  in  regards to costs and ease of transportation for the placed
youth and their families.
  (c) Any transfers of capacity or any resulting transfer  of  functions
shall  be  authorized  to  be  made by the commissioner of the office of
children and family services and any transfer  of  personnel  upon  such
transfer  of  capacity or transfer of functions shall be accomplished in
accordance with the provisions of section 70 of the civil service law.
  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
judgement  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 April 1, 2011; provided that section
one of this act shall expire and be deemed repealed March 31, 2012.

S. 2808--D                         71                         A. 4008--D

                                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-
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

S. 2808--D                         72                         A. 4008--D

RISK OF, ALLEGED TO  BE,  OR  ADJUDICATED  AS  JUVENILE  DELINQUENTS  OR
PERSONS  ALLEGED  OR  ADJUDICATED TO BE IN NEED OF SUPERVISION, OR YOUTH
ALLEGED TO BE OR CONVICTED  AS  JUVENILE  OFFENDERS  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 AVAIL-
ABLE 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
NUMBER  OF  JUVENILE  DELINQUENTS  PLACED WITH THE OFFICE, THE NUMBER OF
JUVENILE DELINQUENTS AND PERSONS IN NEED OF SUPERVISION PLACED IN  RESI-
DENTIAL  CARE WITH THE MUNICIPALITY, THE MUNICIPALITY'S REDUCTION IN THE
USE OF DETENTION AND RESIDENTIAL PLACEMENTS, AND OTHER FACTORS AS DETER-
MINED 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 OR CONVICTION IN CRIMINAL COURT AND
SERVICES OR PROGRAMS PROVIDED TO YOUTH ADJUDICATED  AS  JUVENILE  DELIN-
QUENTS  OR  PERSONS IN NEED OF SUPERVISION, OR YOUTH ALLEGED TO BE JUVE-
NILE OFFENDERS TO PREVENT RESIDENTIAL  PLACEMENT  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,  DIVERSION,  AND  SOCIAL SERVICES; AND WITH THE
COURTS, SERVICE PROVIDERS, SCHOOLS AND YOUTH DEVELOPMENT  PROGRAMS.  THE

S. 2808--D                         73                         A. 4008--D

PLAN  MUST  BE  APPROVED  BY  THE CHIEF EXECUTIVE OFFICER OF THE MUNICI-
PALITY, AND MUST INCLUDE:
  (I)  AN ANALYSIS THAT IDENTIFIES THE NEIGHBORHOODS OR COMMUNITIES FROM
WHICH THE GREATEST NUMBER OF JUVENILE DELINQUENTS AND PERSONS IN NEED OF
SUPERVISION 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;
  (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

S. 2808--D                         74                         A. 4008--D

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.
  5. THE OFFICE OF CHILDREN AND FAMILY  SERVICES  SHALL  REPORT  TO  THE
GOVERNOR,  THE  SPEAKER  OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE
SENATE, THE MINORITY LEADER OF THE ASSEMBLY AND THE MINORITY  LEADER  OF
THE  SENATE NO LATER THAN JULY FIRST, TWO THOUSAND TWELVE, AND EACH YEAR
THEREAFTER, DETAILING THE IMPLEMENTATION AND PROGRESS OF THE SUPERVISION
AND TREATMENT SERVICES FOR JUVENILES PROGRAM,  AS  ESTABLISHED  BY  THIS
SECTION.  THE  REPORT  SHALL  DETAIL  THE FOLLOWING INFORMATION FOR EACH
MUNICIPALITY, AS DEFINED BY THIS SECTION:
  (A) THE AMOUNT OF FUNDS DISBURSED TO DATE  FOR  THE  PREVIOUS  PROGRAM
YEAR OF THE SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM;
  (B) THE AMOUNT OF JUVENILE DETENTION FUNDS DISTRIBUTED BY SUCH DATE IN
ACCORDANCE WITH SECTION FIVE HUNDRED THIRTY OF THIS TITLE FOR THE PREVI-
OUS  PROGRAM  YEAR AND, IF ANY, THE AMOUNT OF SUCH FUNDS USED FOR SUPER-
VISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM;
  (C) THE NUMBER OF ALLEGED AND  ADJUDICATED  JUVENILE  DELINQUENTS  AND
PERSONS IN NEED OF SUPERVISION AND ALLEGED AND CONVICTED JUVENILE OFFEN-
DERS BEING SERVED BY SUCH PROGRAMS; AND
  (D) EACH PROGRAM NAME AND ITS PROVIDER.
  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,
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] TWENTY
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.

S. 2808--D                         75                         A. 4008--D

  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 DURING A PARTICULAR PROGRAM YEAR FOR THE  CARE,  MAINTENANCE  AND
SUPERVISION  IN FOSTER CARE PROGRAMS CERTIFIED BY THE OFFICE OF CHILDREN
AND FAMILY SERVICES, CERTIFIED OR APPROVED FAMILY  BOARDING  HOMES,  AND
NON-SECURE  DETENTION FACILITIES CERTIFIED BY THE OFFICE FOR THOSE YOUTH
ALLEGED TO BE PERSONS IN NEED OF SUPERVISION OR ADJUDICATED  PERSONS  IN
NEED  OF SUPERVISION HELD PENDING TRANSFER TO A FACILITY UPON PLACEMENT;
AND IN SECURE AND  NON-SECURE  DETENTION  FACILITIES  CERTIFIED  BY  THE
OFFICE IN ACCORDANCE WITH SECTION FIVE HUNDRED THREE OF THIS ARTICLE 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 EXTENSION OF PLACEMENT HEARINGS OR RELEASE REVO-
CATION 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.
MUNICIPALITIES 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  ASSESS-
MENT  INSTRUMENT  MAY  BE  SHARED  BETWEEN  LAW  ENFORCEMENT, PROBATION,
COURTS, DETENTION ADMINISTRATORS, DETENTION PROVIDERS, AND THE  ATTORNEY
FOR  THE  CHILD UPON RETENTION OR APPOINTMENT; SOLELY FOR THE PURPOSE OF
ACCURATE COMPLETION OF SUCH RISK ASSESSMENT INSTRUMENT, AND  A  COPY  OF
THE  COMPLETED DETENTION RISK ASSESSMENT INSTRUMENT SHALL BE MADE AVAIL-
ABLE TO THE APPLICABLE DETENTION PROVIDER AND THE COURT.
  (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 SIXTY-TWO PERCENT OF  A  MUNICIPALITY'S  ELIGIBLE  EXPENDITURES  FOR

S. 2808--D                         76                         A. 4008--D

SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAMS APPROVED UNDER
SECTION  FIVE HUNDRED TWENTY-NINE-B OF THIS TITLE FOR SERVICES THAT WERE
NOT REIMBURSED FROM A MUNICIPALITY'S  DISTRIBUTION  UNDER  SUCH  PROGRAM
PROVIDED  TO  AT-RISK,  ALLEGED  OR  ADJUDICATED JUVENILE DELINQUENTS OR
PERSONS ALLEGED OR ADJUDICATED TO BE IN NEED OF SUPERVISION, OR  ALLEGED
TO BE OR CONVICTED AS JUVENILE OFFENDERS IN COMMUNITY-BASED NON-RESIDEN-
TIAL  SETTINGS. ANY CLAIMS SUBMITTED BY A MUNICIPALITY FOR REIMBURSEMENT
FOR DETENTION SERVICES OR SUPERVISION AND TREATMENT SERVICES  FOR  JUVE-
NILES  PROVIDED  DURING  A PARTICULAR PROGRAM YEAR FOR WHICH THE MUNICI-
PALITY DOES NOT RECEIVE  STATE  REIMBURSEMENT  FROM  THE  MUNICIPALITY'S
DISTRIBUTION  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.
  (D)  DATA  COLLECTED FOR THE PURPOSES OF COMPLETING THE DETENTION RISK
ASSESSMENT INSTRUMENT FROM ANY SOURCE OTHER  THAN  AN  OFFICIALLY  DOCU-
MENTED RECORD SHALL BE CONFIRMED AS SOON AS PRACTICABLE. SHOULD ANY DATA
ORIGINALLY  UTILIZED  IN  COMPLETING  THE  RISK ASSESSMENT INSTRUMENT BE
FOUND TO CONFLICT  WITH  THE  OFFICIALLY  DOCUMENTED  RECORD,  THE  RISK
ASSESSMENT  INSTRUMENT SHALL BE COMPLETED WITH THE OFFICIALLY DOCUMENTED
DATA AND ANY CORRESPONDING REVISION TO THE RISK CATEGORIZATION SHALL  BE
MADE. THE OFFICE SHALL PERIODICALLY REVALIDATE ANY APPROVED RISK ASSESS-
MENT  INSTRUMENT.    THE  OFFICE  SHALL  CONSPICUOUSLY POST ANY APPROVED
DETENTION RISK ASSESSMENT INSTRUMENT ON ITS  WEBSITE  AND  SHALL  CONFER
WITH  APPROPRIATE  STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO, ATTORNEYS
FOR CHILDREN, PRESENTMENT AGENCIES, PROBATION,  AND  THE  FAMILY  COURT,
PRIOR  TO  REVISING  ANY  VALIDATED RISK ASSESSMENT INSTRUMENT. ANY SUCH
REVISED RISK ASSESSMENT INSTRUMENT SHALL BE SUBJECT TO  PERIODIC  EMPIR-
ICAL VALIDATION.
  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
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

S. 2808--D                         77                         A. 4008--D

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 and 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 facili-
ties  certified  pursuant to sections seven hundred [twenty-four] TWENTY
and 305.2 of the family court act by the [division for youth] OFFICE  OF
CHILDREN AND FAMILY SERVICES, pending adjudication of alleged delinquen-
cy or alleged need of supervision by the family court, or pending trans-
fer  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  OR  CERTI-
FIED  OR APPROVED FAMILY BOARDING HOMES 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]  TWENTY  and  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
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

S. 2808--D                         78                         A. 4008--D

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.] THE OFFICE SHALL SUBMIT A COMPILATION
OF ALL THE SEPARATE REPORTS TO THE GOVERNOR AND THE LEGISLATURE.
  S  7.  Paragraph  (c) of subdivision 1 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.  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  9. Subdivision 3 of section 720 of the family court act, as amended
by chapter 419 of the laws of 1987, is amended to read as follows:
  3. Detention of a person alleged to be or adjudicated as a  person  in
need  of  supervision  shall,  EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF
THIS SECTION, be authorized only in a FOSTER CARE PROGRAM  CERTIFIED  BY
THE  OFFICE  OF CHILDREN AND FAMILY SERVICES, OR A CERTIFIED OR APPROVED
FAMILY BOARDING HOME, OR A NON-SECURE detention  facility  certified  by
the  [division  for youth except as provided in subdivision four of this
section] OFFICE AND IN ACCORDANCE WITH SECTION SEVEN HUNDRED THIRTY-NINE
OF THIS ARTICLE. THE SETTING OF THE DETENTION SHALL  TAKE  INTO  ACCOUNT
(A)  THE PROXIMITY TO THE COMMUNITY IN WHICH THE PERSON ALLEGED TO BE OR
ADJUDICATED AS A PERSON IN NEED OF SUPERVISION LIVES WITH SUCH  PERSON'S
PARENTS OR TO WHICH SUCH PERSON WILL BE DISCHARGED, AND (B) THE EXISTING
EDUCATIONAL  SETTING OF SUCH PERSON AND THE PROXIMITY OF SUCH SETTING TO
THE LOCATION OF THE DETENTION SETTING.
  S 10. Paragraph (iii) of subdivision (d) of section 728 of the  family
court act, as added by chapter 145 of the laws of 2000 and as renumbered
by section 5 of part E of chapter 57 of the laws of 2005, is amended and
a new paragraph (iv) is added to read as follows:
  (iii) where appropriate, whether reasonable efforts were made prior to
the  date  of the court hearing that resulted in the detention order, to
prevent or eliminate the need for removal of the child from his  or  her
home or, if the child had been removed from his or her home prior to the
court  appearance  pursuant  to this section, where appropriate, whether
reasonable efforts were made to make it possible for the child to safely
return home[.]; AND

S. 2808--D                         79                         A. 4008--D

  (IV) WHETHER THE SETTING OF THE DETENTION TAKES INTO ACCOUNT THE PROX-
IMITY TO THE COMMUNITY IN WHICH THE PERSON ALLEGED TO BE OR  ADJUDICATED
AS  A  PERSON IN NEED OF SUPERVISION LIVES WITH SUCH PERSON'S PARENTS OR
TO WHICH SUCH PERSON WILL BE DISCHARGED, AND  THE  EXISTING  EDUCATIONAL
SETTING OF SUCH PERSON AND THE PROXIMITY OF SUCH SETTING TO THE LOCATION
OF THE DETENTION SETTING.
  S  11.  Subdivision  12  of section 153 of the social services law, as
amended by section 13 of part C of section 83 of the laws  of  2002,  is
amended to read as follows:
  12.  Expenditures made by a social services district for the detention
in foster care facilities OR CERTIFIED OR APPROVED FAMILY BOARDING HOMES
of a person alleged to be or adjudicated as a person in need  of  super-
vision,  pursuant  to  article  seven  of the family court act, shall be
subject to reimbursement by the state in accordance with the  provisions
of  section  five hundred thirty of the executive law.  The care of such
person shall not be required to comply with the requirements of sections
four hundred nine-e and four hundred nine-f of this chapter.
  S 12. 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  children.  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  13.  This  act  shall take effect April 1, 2011; provided, however,
that: 1. section four of this  act  shall  apply  to  reimbursement  for
detention provided on or after January 1, 2011; and 2. the amendments to
subdivision 12 of section 153 of the social services law made by section
eleven  of  this act shall not affect the expiration of such subdivision
and shall expire therewith.
  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, and a new paragraph (g) is added to read as follows:
  (f)  The  [department]  OFFICE  OF  CHILDREN AND FAMILY SERVICES shall
charge a fee of [five] TWENTY-FIVE  dollars  when[,  pursuant  to  regu-
lations  of  the department,] it conducts a search of its records within
the statewide central  register  for  child  abuse  or  maltreatment  in

S. 2808--D                         80                         A. 4008--D

accordance  with  this section or regulations of the [department] OFFICE
to determine whether an applicant for employment [as specified in  para-
graph  (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 APPLI-
CANT  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.]
  (G) THE OFFICE SHALL DETERMINE ACTIONS NECESSARY TO DEVELOP  AN  AUTO-
MATED  SEARCH,  AVAILABLE  FOR  THE USE OF THE OFFICE, OF RECORDS AT THE
STATEWIDE CENTRAL REGISTRY OF CHILD ABUSE AND MALTREATMENT.
  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
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.

S. 2808--D                         81                         A. 4008--D

  (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
(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

  Intentionally omitted.

                                 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

S. 2808--D                         82                         A. 4008--D

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
  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

  Intentionally omitted.

                                 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

S. 2808--D                         83                         A. 4008--D

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] 2013
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.

                                 PART X

  Section  1.  Section  3  of  part NN of chapter 57 of the laws of 2008
relating to authorizing the New York state mortgage agency  to  transfer
certain  moneys,  as  amended by section 1 of part B of chapter 2 of the
laws of 2009, is amended to read as follows:
  S 3. (A) Within the amounts transferred to the corporation pursuant to
section one of this act for  the  greater  Catskills  flood  remediation
program,  the corporation shall provide funds to the counties of Broome,
Chenango, Delaware, Herkimer,  Montgomery,  Orange,  Otsego,  Schoharie,
Sullivan,  Tioga and Ulster, upon application by a county and within the
amounts available for disbursement to such county, to enable  the  coun-
ties  to  purchase  and  demolish one or two family homes that have been
certified by the local building inspector and county  emergency  manage-
ment  director,  to  the satisfaction of the corporation, as having been
subject to one or more incidents of flooding since April 1, 2004 and  as
likely  to  be  subject  to  a  future  flood  incident that would cause
substantial damage thereto. Any application by a county for disbursement
of funds under this act shall demonstrate, to the  satisfaction  of  the
corporation,  that: (1) the home is occupied as the primary residence of
an owner with a family income of up to one hundred fifty percent of  the
area median income as defined by the United States department of housing
and  urban  development,  provided,  however, that an otherwise eligible
home shall be eligible for purchase under this act if the current  owner
can  demonstrate that the home was occupied as the owner's primary resi-
dence prior to a flood event that rendered the home unsuitable for habi-
tation; (2) the current appraised value of the home does not exceed  two
hundred  fifty thousand dollars and the purchase price for the home will
not exceed the appraised value less the amount of any property  casualty
insurance  or  disaster relief payments received by the owner as compen-
sation for damage incurred in a flood incident; (3) all  recorded  liens
or  other  encumbrances on the home will be released at closing; (4) the
county provides assurances that the home will be condemned and the prop-
erty will be dedicated and maintained in perpetuity for a  use  that  is
compatible  with  open space, recreational, flood mitigation or wetlands
management practices; and (5) disbursements under this section shall  be
limited  to the costs of acquisition of eligible homes, including legal,
appraisal, recording and other transaction costs, and the costs of demo-
lition.  In selecting homes for purchase  pursuant  to  this  act,  each
county  shall give preference to homes with a current appraised value of
less than one hundred fifty thousand dollars and to homes that have been
subject to two or more incidents of flooding since April  1,  2004.  The
corporation shall establish policies and procedures consistent with this
section,  which  shall  include county reporting requirements, and shall
report to the governor, the speaker of the assembly, the temporary pres-
ident of the senate and the director of the division of the budget on or
before December 31, 2008 regarding the implementation of  this  section.
Of the amounts transferred to the corporation pursuant to section one of

S. 2808--D                         84                         A. 4008--D

this  act,  the  amounts  disbursed to counties pursuant to this section
shall not exceed the  following  amounts:  Broome,  $750,000;  Chenango,
$750,000;   Delaware,   $2,000,000;   Herkimer,   $750,000;  Montgomery,
$750,000;  Orange,  $2,000,000;  Otsego,  $750,000; Schoharie, $750,000;
Sullivan, $3,750,000; Tioga, $750,000; and Ulster, $2,000,000.
  (B) ANY FUNDS NOT UNDER CONTRACT OR GRANT AGREEMENT BETWEEN ANY COUNTY
PROVIDED FOR BY THIS SECTION AND THE STATE OF NEW YORK  OR  ANY  OF  ITS
DIVISIONS OR AGENCIES ON OR BY JANUARY 1, 2010 MAY BE USED, UPON A FIND-
ING  BY THE CORPORATION THAT SUCH FUNDS ARE AVAILABLE, BY ULSTER COUNTY,
WHETHER THE FUNDS ARE ALLOCATED TO SUCH  COUNTY  OR  TO  ANOTHER  COUNTY
UNDER  THIS PROGRAM, TO PURCHASE AND DEMOLISH HOMES WHICH OTHERWISE MEET
THE REQUIREMENTS OF SUBDIVISION (A) OF THIS SECTION AND  ARE  IN  ULSTER
COUNTY,  AND/OR  OTHERWISE  PURCHASE  HOMES  WHICH  ARE  VALUED AT UNDER
$250,000 UPON A FINDING BY THE CORPORATION THAT: (1) THE HOMES HAVE BEEN
SUBJECTED TO SEEPAGE OF WATER INTO THE HOMES EITHER THROUGH THE WALLS OR
FOUNDATION OF SUCH HOME OR WATER OTHERWISE ENTERS INTO  THE  HOME  OTHER
THAN  THROUGH PIPES INTENDED FOR SUCH PURPOSE, AND (2) THE HOME IS SITU-
ATED WITHIN TWO MILES OF AN UNDERGROUND AQUEDUCT  OWNED,  MAINTAINED  OR
OPERATED  BY  THE  CITY  OF NEW YORK OR ANY BOARD, AGENCY, DEPARTMENT OR
BUREAU THEREOF AND IS USED FOR THE TRANSPORT OF DRINKING  WATER  TO  THE
CITY  OF NEW YORK.  IN MAKING DETERMINATIONS OF WHICH HOMES TO PURCHASE,
THE COUNTY SHALL FIRST SEEK TO EXPEND  FUNDS  TO  PURCHASE  THOSE  HOMES
WHICH MEET THE REQUIREMENTS ENUMERATED IN PARAGRAPHS ONE AND TWO OF THIS
SUBDIVISION.
  S 2. This act shall take effect immediately.

                                 PART Y

  Section  1.  Subdivision  6  of  section  529  of the executive law is
amended by adding a new paragraph (a) to read as follows:
  (A) NO LATER THAN DECEMBER THIRTY-FIRST EACH YEAR, THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES SHALL PROVIDE THE SPEAKER OF THE ASSEMBLY,  THE
TEMPORARY  PRESIDENT OF THE SENATE, AND SOCIAL SERVICES DISTRICTS WITH A
DETAILED REPORT ON TOTAL COST AND THE OPERATING CAPACITY  AT  OFFICE  OF
CHILDREN  AND FAMILY SERVICES FACILITIES DURING THE PRIOR CALENDAR YEAR.
SUCH REPORT SHALL INCLUDE BUT NEED NOT  BE  LIMITED  TO  INFORMATION  ON
COSTS  RELATED TO LABOR, PHYSICAL PLANT MAINTENANCE AND FOOD AND UTILITY
EXPENDITURES AS WELL AS INFORMATION ON THE MAXIMUM NUMBER  OF  JUVENILES
THAT  CAN  BE  PLACED  IN  OFFICE FACILITIES AND STAFFING LEVELS AT SUCH
FACILITIES. SUCH REPORT SHALL ALSO INCLUDE INFORMATION ON JUVENILES THAT
HAVE BEEN MOVED FROM ONE FACILITY TO ANOTHER DURING  THE  CALENDAR  YEAR
AND  SHALL  NAME THE FACILITIES FROM WHICH SUCH JUVENILES WERE MOVED AND
IN WHICH THEY WERE LATER PLACED. IF THE REPORT PROVIDED PURSUANT TO THIS
PARAGRAPH IS BASED, IN WHOLE OR IN PART, ON AN AUDIT PERFORMED ON BEHALF
OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE  OFFICE  OF  CHILDREN
AND  FAMILY  SERVICES  SHALL  PROVIDE  THE  STATE LEGISLATURE AND SOCIAL
SERVICES DISTRICTS WITH A COPY OF SUCH AUDIT AT THE TIME IT PROVIDES THE
REPORT FOR THE PRIOR CALENDAR YEAR.
  S 2. This act shall take effect immediately.

                                 PART Z

  Section 1. Subdivision 4 of section  661  of  the  education  law,  as
amended  by  chapter  309 of the laws of 1996, paragraph a as amended by
section 1 and paragraph c as amended, paragraphs d and e  as  added  and
paragraph  f as relettered by section 2 of part E-1 of chapter 57 of the

S. 2808--D                         85                         A. 4008--D

laws of 2007 and paragraph f as added by chapter  332  of  the  laws  of
1998, is amended to read as follows:
  4.  Attendance  in approved courses of study in approved institutions.
To be eligible to receive payments from the president a student:
  a. Must be matriculated in an approved  program,  as  defined  by  the
commissioner  pursuant  to article thirteen OF THIS CHAPTER, OR PURSUANT
TO PARAGRAPH B OF THIS SUBDIVISION, in an institution  situated  in  the
state,  which has been approved and operating in this state for at least
one year, and has been approved for  participation  in  federal  student
financial  aid  programs  authorized by Title IV of the Higher Education
Act of 1965, as amended. Nothing  in  this  subdivision  shall  preclude
payment  of an award to a recipient who receives instruction outside the
state, which instruction is conducted by an institution situated in  the
state,  and  is  part of the student's program of study at such institu-
tion; provided, however, that nothing in this subdivision shall preclude
the receipt of a loan pursuant to section six  hundred  eighty  of  this
article;  provided,  further,  that  students not attending institutions
eligible for participating in federal Title IV financial aid programs on
or before July first, two thousand seven: (i) who received  their  first
award under this article before the two thousand six--two thousand seven
academic  year  shall  be eligible for payments until the end of the two
thousand nine--two thousand ten academic  year;  or  (ii)  who  received
their first award under this article for the two thousand six--two thou-
sand  seven  academic year through and including the two thousand nine--
two thousand ten academic year shall be eligible for payments until  the
end of the two thousand fourteen--two thousand fifteen academic year.
  b.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY AND THE
RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, THE PRESIDENT  SHALL
MAKE  TUITION  ASSISTANCE PROGRAM AWARDS AVAILABLE TO FULL-TIME RESIDENT
UNDERGRADUATE STUDENTS NOT CURRENTLY ELIGIBLE FOR AWARDS UNDER  SUBDIVI-
SION  THREE  OF SECTION SIX HUNDRED SIXTY-SEVEN OF THIS PART AND WHO ARE
ATTENDING AN EDUCATIONAL INSTITUTION IN THIS STATE THAT:
  (I) IS EXEMPT FROM FEDERAL TAXATION UNDER  SECTION  501(C)(3)  OF  THE
INTERNAL REVENUE CODE; AND
  (II) HAS ITS HEADQUARTERS AND MAIN CAMPUS LOCATED WITHIN THE STATE AND
IS  ELIGIBLE  FOR  FUNDS  UNDER  TITLE IV OF THE HIGHER EDUCATION ACT OF
1965, AS AMENDED; AND
  (III) IS ACCREDITED BY AN  AGENCY  RECOGNIZED  BY  THE  UNITED  STATES
SECRETARY OF EDUCATION, OR BY A SUCCESSOR FEDERAL AGENCY; AND
  (IV) ENROLLMENT IN WHICH INSTITUTION WOULD RENDER THE STUDENT ELIGIBLE
TO  RECEIVE A FEDERAL PELL GRANT IN ACCORDANCE WITH SECTION ONE THOUSAND
SEVENTY OF TITLE TWENTY OF THE UNITED STATES  CODE,  ET.  SEQ.  AND  THE
REGULATIONS PROMULGATED THEREUNDER; AND
  (V)  PROVIDES  A  PROGRAM OF INSTRUCTION LASTING AT LEAST THREE YEARS,
FOR WHICH THE STUDENT IS ENROLLED.
  B-1. TUITION ASSISTANCE PROGRAM AWARDS  THAT  ARE  MADE  AVAILABLE  TO
STUDENTS  PURSUANT  TO  PARAGRAPH  B  OF  THIS  SUBDIVISION SHALL NOT BE
AWARDED IF AN APPLICANT:
  (I) DOES NOT MEET THE CITIZENSHIP REQUIREMENTS PURSUANT TO SUBDIVISION
THREE OF THIS SECTION;
  (II) DOES NOT MEET THE INCOME REQUIREMENTS  PURSUANT  TO  SECTION  SIX
HUNDRED SIXTY-THREE OF THIS SUBPART;
  (III) DOES NOT MAINTAIN GOOD ACADEMIC STANDING PURSUANT TO PARAGRAPH C
OF  SUBDIVISION  SIX  OF SECTION SIX HUNDRED SIXTY-FIVE OF THIS SUBPART,
AND IF THERE IS  NO  APPLICABLE  EXISTING  ACADEMIC  STANDARDS  SCHEDULE
PURSUANT TO SUCH SUBDIVISION, THEN SUCH RECIPIENT SHALL BE PLACED ON THE

S. 2808--D                         86                         A. 4008--D

ACADEMIC  STANDARDS  SCHEDULE  APPLICABLE  TO  STUDENTS  ENROLLED  IN  A
FOUR-YEAR OR FIVE-YEAR UNDERGRADUATE PROGRAM;
  (IV)  IS  IN  DEFAULT IN THE REPAYMENT OF ANY STATE OR FEDERAL STUDENT
LOAN, HAS FAILED TO COMPLY WITH  THE  TERMS  OF  ANY  SERVICE  CONDITION
IMPOSED  BY AN ACADEMIC PERFORMANCE AWARD MADE PURSUANT TO THIS ARTICLE,
OR HAS FAILED TO MAKE A REFUND OF ANY AWARD; OR
  (V) IS INCARCERATED IN ANY FEDERAL, STATE OR OTHER PENAL INSTITUTION.
  C. Must be in full-time attendance, as defined  by  the  commissioner,
except  as  otherwise  specifically provided in THIS article [fourteen],
and, for a student having completed his or  her  second  academic  year,
must  have  a  cumulative C average or its equivalent. The president may
waive the requirement that the student have a cumulative  C  average  or
its  equivalent for undue hardship based on: (i) the death of a relative
of the student; (ii) the personal injury or illness of the  student;  or
(iii) other extenuating circumstances; and
  [c.] D. For students who first receive aid pursuant to this chapter in
academic year nineteen hundred ninety-six--nineteen hundred ninety-seven
to  academic  year  two  thousand  six--two  thousand seven, must have a
certificate of graduation from a school providing  secondary  education,
or  the  recognized  equivalent  of such certificate; or have achieved a
passing score, as determined by the United States  secretary  of  educa-
tion,  on  a  federally approved examination which demonstrates that the
student can benefit from the education being offered;
  [d.] E. For students who first receive aid pursuant to this chapter in
academic year two thousand six--two thousand seven, must have a  certif-
icate  of graduation from a recognized school providing secondary educa-
tion within the United States, or  the  recognized  equivalent  of  such
certificate, or have been admitted to such institution after receiving a
passing  score  on a federally approved ability to benefit test that has
been independently  administered  and  evaluated,  as  provided  by  the
commissioner;
  [e.] F. For students who first receive aid pursuant to this chapter in
academic year two thousand seven--two thousand eight or thereafter, must
have  (i)  a certificate of graduation from a school providing secondary
education from a state within the United States; or (ii) the  recognized
equivalent  of  such certificate; or (iii) received a passing score on a
federally approved ability to benefit test that has been  identified  by
the  board of regents as satisfying the eligibility requirements of this
section and has been independently administered and evaluated as defined
by the commissioner[.];
  [f. for] G. FOR students who are disabled as defined by the  Americans
With  Disability  Act  of  1990,  42 USC 12101, the full-time attendance
requirement is eliminated. Such disabled students may  be  in  part-time
attendance,  as  defined  by the commissioner in order to be eligible to
receive payments from the president.
  S 2. This act shall take effect immediately;  provided,  that  section
one of this act shall apply to semesters commencing on and after January
1, 2012 and to all subsequent academic years.
                                 PART AA

  Section  1.  Subdivision  (a) of section 114 of part A of a chapter of
the laws of 2011 relating to constituting chapter 18-A  of  the  consol-
idated  laws  relating to financial services, as proposed in legislative
bill numbers S.2812-C and A.4012-C, is amended to read as follows:
  (a) sections one through fourteen, seventeen through nineteen,  fifty-
six, sixty-three, sixty-seven, seventy-eight through eighty-five, EIGHT-

S. 2808--D                         87                         A. 4008--D

Y-NINE,  ninety,  ninety-one  through  ninety-three,  ninety-eight,  one
hundred four, one hundred ten and one hundred eleven of this  act  shall
take  effect October 3, 2011, except that section 205-a of the financial
services law as added by section one of this act shall take effect imme-
diately;
  S  2.  This  act  shall take effect on the same date as part A of such
chapter of the laws of 2011 takes effect.

                                 PART BB

  Section 1. The state comptroller is hereby authorized and directed  to
loan  money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law  to  the  following  funds  and/or
accounts:
  1. Tuition reimbursement fund (050):
  a. Tuition reimbursement account (01).
  b. Proprietary vocational school supervision account (02).
  2. Local government records management improvement fund (052):
  a. Local government records management account (01).
  3. Dedicated highway and bridge trust fund (072):
  a. Highway and bridge capital account (01).
  4. State University Residence Hall Rehabilitation Fund (074).
  5. State parks infrastructure trust fund (076):
  a. State parks infrastructure account (01).
  6. Clean water/clean air implementation fund (079).
  7. State lottery fund (160):
  a. Education - New (03).
  b. VLT - Sound basic education fund (06).
  8. Medicaid management information system escrow fund (179).
  9.  Federal  operating  grants  fund (290) federal capital grants fund
291).
  10. Sewage treatment program management and administration fund (300).
  11. Environmental conservation special revenue fund (301):
  a. Hazardous bulk storage account (F7).
  b. Utility environmental regulation account (H4).
  c. Low level radioactive waste siting account (K5).
  d. Recreation account (K6).
  e. Conservationist magazine account (S4).
  f. Environmental regulatory account (S5).
  g. Natural resource account (S6).
  h. Mined land reclamation program account (XB).
  i. Federal grants indirect cost recovery account (IC).
  12. Environmental protection and oil spill compensation fund (303).
  13. Hazardous waste remedial fund (312):
  a. Site investigation and construction account (01).
  b. Hazardous waste remedial clean up account (06).
  14. Mass transportation operating assistance fund (313):
  a. Public transportation systems account (01).
  b. Metropolitan mass transportation (02).
  15. Clean air fund (314):
  a. Operating permit program account (01).
  b. Mobile source account (02).
  16. Centralized services fund (323).
  17. State exposition special fund (325).
  18. Agency enterprise fund (331):
  a. OGS convention center account (55).

S. 2808--D                         88                         A. 4008--D

  19. Agencies internal service fund (334):
  a. Archives records management account (02).
  b. Federal single audit account (05).
  c. Civil service law: sec 11 admin account (09).
  d. Civil service EHS occupational health program account (10).
  e. Banking services account (12).
  f. Cultural resources survey account (14).
  g. Neighborhood work project (17).
  h. Automation & printing chargeback account (18).
  i. OFT NYT account (20).
  j. Data center account (23).
  k. Human service telecom account (24).
  l. Centralized Technology services account (30).
  m. OPWDD copy center account (26).
  n. Intrusion detection account (27).
  o. Domestic violence grant account (28).
  p. Learning management system account.
  20. Miscellaneous special revenue fund (339):
  a. Statewide planning and research cooperative system account (03).
  b. OPWDD provider of service account (05).
  c. New York state thruway authority account (08).
  d. Mental hygiene patient income account (13).
  e. Financial control board account (15).
  f. Regulation of racing account (16).
  g. New York metropolitan transportation council account (17).
  h. Quality of care account (20).
  i. Cyber upgrade account (25).
  j. Certificate of need account (26).
  k. Hospital and nursing home management account (44).
  l. State university dormitory income reimbursable account (47).
  m. Energy research account (60).
  n. Criminal justice improvement account (62).
  o. Fingerprint identification and technology account (68).
  p. Environmental laboratory reference fee account (81).
  q. Clinical laboratory reference system assessment account (90).
  r. Public employment relations board account (93).
  s. Radiological health protection account (95).
  t. Teacher certification account (A4).
  u. Banking department account (A5).
  v. Cable television account (A6).
  w. Indirect cost recovery account (AH).
  x. High school equivalency program account (AI).
  y. Rail safety inspection account (AQ).
  z. Child support revenue account (AX).
  aa. Multi-agency training account (AY).
  bb. Critical infrastructure account (B3).
  cc. Insurance department account (B6).
  dd. Bell jar collection account (BJ).
  ee. Industry and utility service account (BK).
  ff. Real property disposition account (BP).
  gg. Parking account (BQ).
  hh. Asbestos safety training program account (BW).
  ii. Public service account (C3).
  jj. Batavia school for the blind account (D9).
  kk. Investment services account (DC).
  ll. Surplus property account (DE).

S. 2808--D                         89                         A. 4008--D

  mm. OPWDD day services account (DH).
  nn. Financial oversight account (DI).
  oo. Regulation of indian gaming account (DT).
  pp. Special conservation activities account (CU).
  qq. Interest assessment account (DZ).
  rr. Office of the professions account (E3).
  ss. Rome school for the deaf account (E6).
  tt. Seized assets account (E8).
  uu. Administrative adjudication account (E9).
  vv. Federal salary sharing account (EC).
  ww. New York City Assessment Account (EM).
  xx. Cultural education account (EN).
  yy. Examination and miscellaneous revenue account (ER).
  zz. Transportation regulation account (F1).
  aaa. Local services account (G3).
  bbb. DHCR mortgage servicing account (H2).
  ccc. Department of motor vehicles compulsory insurance account (H7).
  ddd. Housing indirect cost recovery account (HI).
  eee. DHCR-HCA application fee account (J5).
  fff. EPIC premium account (J6).
  ggg. Federal gasoline and diesel fuel excise tax account (L6).
  hhh. OTDA income account (L7).
  iii. Low income housing monitoring account (NG).
  jjj. Procurement opportunities newsletter account (P4).
  kkk. Corporation administration account (P6).
  lll. Montrose veteran's home account (Q6).
  mmm. Excelsior capital corporation reimbursement account (R1).
  nnn. Motor fuel quality account (R4).
  ooo. Deferred compensation administration account (R7).
  ppp. Rent revenue other account (RR).
  qqq. Rent revenue account (S8).
  rrr. Tax revenue arrearage account (TR).
  sss. Solid waste management account (W3).
  ttt. Occupational health clinics account (W4).
  uuu. Capacity contracting (XU).
  vvv. Administrative cost recovery -
       tax return preparer registration fee account (Y8).
  www. Sales tax re-registration fee account (YD).
  xxx. Equitable sharing agreement account (YP).
  yyy. Point insurance reduction program account.
  zzz. Internet point insurance reduction program account.
  aaaa. Mental hygiene program fund account (10).
  bbbb. Third party debt collection account.
  cccc. Regulation of manufactured housing account (CM).
  dddd. Business and licensing services account (A6).
  eeee. Consumer protection account (F2).
  21. State university income fund (345):
  a. State university general income offset account (11).
  22. State police and motor vehicle law enforcement fund (354):
  a. State police motor vehicle law enforcement account (02).
  23. Youth facilities improvement fund (357):
  a. Youth facilities improvement account (01).
  24. Highway safety program fund (362):
  a. Highway safety program account (01).
  25. Drinking water program management and administration fund (366):
  a. EFC drinking water program account (01).

S. 2808--D                         90                         A. 4008--D

  b. DOH drinking water program account (02).
  26. New York city county clerks offset fund (368):
  a. NYCCC operating offset account (01).
  27. Housing assistance fund (374).
  28. Housing program fund (376).
  29. Department of transportation - engineering services fund (380):
  a. Highway facility purpose account (01).
  30. Miscellaneous capital projects fund (387):
  a. Clean air capital account (08).
  b. New York racing account.
  31. Mental hygiene facilities capital improvement fund (389).
  32. Joint labor/management administration fund (394):
  a. Joint labor/management administration fund (01).
  33. Audit and control revolving fund (395):
  a. Executive direction internal audit account (04).
  b. CIO Information technology centralized services account.
  34. Health insurance internal service fund (396):
  a. Health insurance internal service account (00).
  b. Civil service employee benefits div admin (01).
  35. Correctional industries revolving fund (397).
  36. Correctional facilities capital improvement fund (399).
  37. HCRA resources fund (061):
  a. EPIC premium account (J6).
  b. Hospital based grants program account (AF).
  c. Child health plus program account (29).
  S 1-a. The state comptroller is hereby authorized and directed to loan
money  in  accordance  with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within  the  following
federal  funds,  provided  the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse  such
loans:
  1. Federal USDA-food nutrition services fund (261).
  2. Federal health and human services fund (265).
  3. Federal education grants fund (267).
  4. Federal block grant fund (269).
  5. Federal operating grants fund (290).
  6. Federal capital projects fund (291).
  7. Federal unemployment insurance administration fund (480).
  8. Federal unemployment insurance occupational training fund (484).
  9. Federal employment and training grants (486).
  S  2.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2012, up to the unencumbered balance or the  follow-
ing amounts:
  Economic Development and Public Authorities:
  1.  $175,000  from the miscellaneous special revenue fund (339) under-
ground facilities safety training account (US), to the general fund.
  2. An amount up to the unencumbered  balance  from  the  miscellaneous
special  revenue  fund  (339),  business  and licensing services account
(AG), to the general fund.
  3. $14,810,000 from the miscellaneous special revenue fund (339), code
enforcement account (07), to the general fund.
  Education:
  1. $2,200,000,000 from the general fund  to  the  state  lottery  fund
(160),  education  account (03), as reimbursement for disbursements made

S. 2808--D                         91                         A. 4008--D

from such fund for supplemental aid to  education  pursuant  to  section
92-c of the state finance law that are in excess of the amounts deposit-
ed  in  such  fund for such purposes pursuant to section 1612 of the tax
law.
  2. $684,000,000 from the general fund to the state lottery fund (160),
VLT education account (06), as reimbursement for disbursements made from
such  fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of  the  amounts  deposited  in
such fund for such purposes pursuant to section 1612 of the tax law.
  3.  Moneys from the state lottery fund (160) up to an amount deposited
in such fund pursuant to section 1612 of the tax law in  excess  of  the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
  4.  $300,000  from the local government records management improvement
fund (052) to the archives partnership trust fund (024).
  5. $810,000 from the general fund to the miscellaneous special revenue
fund (339), Batavia school for the blind account (D9).
  6. $1,100,000 from the  general  fund  to  the  miscellaneous  special
revenue fund (339), Rome school for the deaf account (E6).
  7.  $80,000,000  from the state university dormitory income fund (330)
to the state university residence hall rehabilitation fund (074).
  8. $343,400,000 from the state university dormitory income fund  (330)
to the miscellaneous special revenue fund (339), state university dormi-
tory income reimbursable account (47).
  9.  $1,000,000  from  the  miscellaneous  special  revenue fund (339),
cultural education account (EN), to the  miscellaneous  special  revenue
fund (339), summer school of the arts account (38).
  10.  $24,000,000  from  any  of the state education department special
revenue and internal service funds to the miscellaneous special  revenue
fund (339), indirect cost recovery account (AH).
  11.  $8,318,000  from  the general fund to the state university income
fund (345), state university income offset account (11), for the state's
share of repayment of the STIP loan.
  12. $48,000,000 from the State University  Income  Fund  (345),  State
University  Hospitals  Income  Reimbursable  Account (22) to the general
fund for hospital debt service.
  13. $884,000 from the state university income fund (345), Long  Island
Veterans' Home Account (09) to the general fund.
  Environmental Affairs:
  1.  $500,000  from  the department of transportation's federal capital
projects fund (291) to the office of parks and recreation federal  oper-
ating grants fund (290), miscellaneous operating grants account.
  2.  $16,000,000  from any of the department of environmental conserva-
tion's special revenue federal funds to the special revenue  fund  (301)
federal grant indirect cost recovery account.
  3. $3,000,000 from any of the office of parks, recreation and historic
preservation  capital projects federal funds and special revenue federal
funds to the special revenue fund  (339)  federal  grant  indirect  cost
recovery account (Z1).
  4. $1,000,000 from any of the office of parks, recreation and historic
preservation  special  revenue federal funds to the special revenue fund
(339), I love NY water account (39).
  Family Assistance:
  1. $10,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal funds and the general fund, in accordance with

S. 2808--D                         92                         A. 4008--D

agreements with social services districts, to the miscellaneous  special
revenue  fund  (339),  office of human resources development state match
account (2C).
  2.  $3,000,000  from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund (339), family  preserva-
tion and support services and family violence services account (GC).
  3.  $6,000,000  from any of the office of children and family services
special revenue federal  funds  to  the  general  fund  for  title  IV-E
reimbursement of youth facility costs.
  4. $28,000,000 from any of the office of children and family services,
office  of  temporary and disability assistance, or department of health
special revenue federal  funds  and  any  other  miscellaneous  revenues
generated  from  the operation of office of children and family services
programs to the miscellaneous special  revenue  fund  (339),  office  of
children and family services income account (AR).
  5.  $10,000,000 from any of the office of children and family services
or office of temporary and disability assistance special  revenue  funds
or  the  general  fund  to the miscellaneous special revenue fund (339),
connections account (WK).
  6. $41,000,000 from any of the  office  of  temporary  and  disability
assistance  accounts  within  the federal health and human services fund
(265) to the general fund.
  7. $8,300,000 from any of  the  office  of  temporary  and  disability
assistance  accounts  within  the federal health and human services fund
(265) to the miscellaneous special revenue fund  (339),  client  notices
account (EG).
  8.  $98,980,000  from  any  of  the office of temporary and disability
assistance, department of  health  or  office  of  children  and  family
services special revenue funds to the miscellaneous special revenue fund
(339),  office  of  temporary  and  disability assistance income account
(L7).
  9. $2,500,000 from any of  the  office  of  temporary  and  disability
assistance  or  office  of  children and family services special revenue
federal funds to the miscellaneous special revenue fund (339), office of
temporary and disability assistance program account (AL).
  10. $50,000,000  from  any  of  the  office  of  children  and  family
services,  office  of temporary and disability assistance, department of
labor, and department of health special revenue  federal  funds  to  the
office  of  children  and  family services miscellaneous special revenue
fund (339), multi-agency training contract account (AY).
  11. $12,524,000 from the office of temporary and disability assistance
federal health and  human  services  fund  (265)  to  the  miscellaneous
special revenue fund (339), child support revenue account (AX).
  12. $6,300,000 from any of the office of children and family services,
office  of  temporary and disability assistance, department of labor, or
department of health special revenue funds to the  office  of  temporary
and  disability  assistance  miscellaneous  special  revenue fund (339),
multi-agency systems development account (MD).
  13. $9,248,000 from any of the  office  of  temporary  and  disability
assistance  special  revenue federal funds, to the miscellaneous special
revenue fund (339), OTDA training contract account (48).
  14. $223,000,000 from the miscellaneous special  revenue  fund  (339),
youth facility per Diem account (YF), to the general fund.
  15.  $10,000,000  from  any  of the office of temporary and disability
assistance special revenue federal funds, to the  miscellaneous  special

S. 2808--D                         93                         A. 4008--D

revenue fund (339), electronic benefit transfer and common benefit iden-
tification card account (GD).
  16.  $621,850 from the general fund to the combined gifts, grants, and
bequests fund (020), WB Hoyt Memorial account (78).
  17. $1,300,000 from any of the  office  of  temporary  and  disability
assistance and department of health special revenue federal funds to the
miscellaneous  special  revenue  fund  (339)  welfare  inspector general
administrative reimbursement account (WW).
  18. Up to $4,822,000 from the miscellaneous special revenue fund (339)
state central registry (CY) to the general fund.
  General Government:
  1. $1,566,000 from the miscellaneous special revenue fund (339), exam-
ination and miscellaneous revenue account (ER) to the general fund.
  2. $12,500,000 from the general fund to the health insurance revolving
fund (396).
  3. $192,400,000 from the health insurance reserve receipts fund  (167)
to the general fund.
  4. $150,000 from the general fund to the not-for-profit revolving loan
fund (055).
  5.  $150,000  from the not-for-profit revolving loan fund (055) to the
general fund.
  6. $11,000,000 from the miscellaneous special revenue fund (339), real
property disposition account (BP), to the general fund.
  7. $3,000,000 from  the  miscellaneous  special  revenue  fund  (339),
surplus property account (DE), to the general fund.
  8.  $19,260,000  from  the  general  fund to the miscellaneous special
revenue fund (339), alcoholic beverage control account (DB).
  9. $1,500,000 from  the  miscellaneous  special  revenue  fund  (339),
federal liability account (FL), to the general fund.
  10.  $23,000,000  from  the  miscellaneous special revenue fund (339),
revenue arrearage account (CR), to the general fund.
  11. $1,826,000 from  the  miscellaneous  special  revenue  fund  (339)
revenue  arrearage  account  (CR),  to the miscellaneous special revenue
fund (339) authority budget office account.
  12.  Intentionally omitted.
  13. $1,000,000 from the  miscellaneous  special  revenue  fund  (339),
parking  services  account (BQ), to the general fund, for the purpose of
reimbursing the costs of debt service related to state  parking  facili-
ties.
  14.  Up  to  $45,000,000  from  the  general fund to the miscellaneous
special revenue fund (339), statewide financial system account (FM).
  Health:
  1. $12,000,000 from any of the department of  health  accounts  within
the federal health and human services fund (265) to the general fund.
  2.  $139,560,000  from any of the department of health accounts within
the federal health and human services fund (265)  to  the  miscellaneous
special revenue fund (339), quality of care account (20).
  3.  $1,000,000 from the general fund to the combined gifts, grants and
bequests fund (020), breast cancer research and education account  (BD),
an  amount equal to the monies collected and deposited into that account
in the previous fiscal year.
  4. $2,464,000 from any of the department of health accounts within the
federal health and human services fund (265) to the department of health
miscellaneous  special  revenue  fund  (339),  statewide  planning   and
research cooperation system (SPARCS) program account (03).

S. 2808--D                         94                         A. 4008--D

  5.  $250,000  from  the general fund to the combined gifts, grants and
bequests fund (020), prostate cancer research, detection, and  education
account (PR), an amount equal to the moneys collected and deposited into
that account in the previous fiscal year.
  6.  $500,000  from  the general fund to the combined gifts, grants and
bequests fund (020), Alzheimer's disease research and assistance account
(AA), an amount equal to the moneys collected and  deposited  into  that
account in the previous fiscal year.
  7.  $1,000,000  from  the  miscellaneous  special  revenue fund (339),
administration account (AP), to the general fund.
  8. $600,000,000 from any of the department of health  accounts  within
the  federal  health  and human services fund (265) to the miscellaneous
special revenue fund (339),  federal  state  health  reform  partnership
account (FS).
  9.  $45,000,000  from  the  general  fund to the miscellaneous special
revenue fund (339), empire state stem cell trust fund account (SR).
  10. $1,250,000 from the  miscellaneous  New  York  state  agency  fund
(169),  medical assistance account to the department of health miscella-
neous special revenue fund (339), third party health  insurance  account
(35).
  11.  $3,700,000  from  the  miscellaneous  New  York state agency fund
(169), medical assistance account to the office  of  medicaid  inspector
general miscellaneous special revenue fund (339), recoveries and revenue
account (C9).
  12.  $1,500,000  from  the  general  fund to the miscellaneous special
revenue fund (339), quality of care improvement account (QC).
  Labor:
  1. $700,000 from the labor  standards  miscellaneous  special  revenue
fund  (339),  fee  and  penalty  account  (30),  to  the child performer
protection fund (025), child performer protection account (CP).
  2. $8,000,000 from the labor standards miscellaneous  special  revenue
fund (339), fee and penalty account (30), to the general fund.
  3.  $10,500,000  from  the unemployment insurance interest and penalty
special revenue fund (482), unemployment insurance special interest  and
penalty account (01), to the general fund.
  4.  $2,700,000  from the labor standards miscellaneous special revenue
fund (339), public work enforcement account (BA), to the general fund.
  5. $1,500,000 from the training and education program on  occupational
safety  and health fund (305), occupational safety and health inspection
account (02), to the general fund.
  Mental Hygiene:
  1. $5,000,000 from  the  miscellaneous  special  revenue  fund  (339),
mental hygiene patient income account (13), to the miscellaneous special
revenue fund (339), federal salary sharing account (EC).
  2.  $240,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene patient income account (13) to the miscellaneous  special
revenue fund (339), provider of service accounts (05).
  3.  $220,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to  the  miscellaneous  special
revenue fund (339), provider of service account (05).
  4.  $150,000,000  from  the  general fund to the miscellaneous special
revenue fund (339), mental hygiene patient income account (13).
  5. $150,000,000 from the general fund  to  the  miscellaneous  special
revenue fund (339), mental hygiene program fund account (10).
  6.  $300,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene program fund account (10) to the general fund.

S. 2808--D                         95                         A. 4008--D

  7. $180,000,000 from the miscellaneous  special  revenue  fund  (339),
mental hygiene patient income account (13) to the general fund.
  Public Protection:
  1. $1,350,000 from the miscellaneous special revenue fund (339), emer-
gency management account (61), to the general fund.
  2.  $3,300,000  from  the  general  fund  to the miscellaneous special
revenue fund (339), recruitment incentive account (U2).
  3. $9,500,000 from the general fund  to  the  correctional  industries
revolving  fund  (397), correctional industries internal service account
(00).
  4. $8,678,000 from  the  miscellaneous  special  revenue  fund  (339),
statewide public safety communications account (LZ), to the general debt
service fund (311), revenue bond tax account (02).
  5. $10,000,000 from federal miscellaneous operating grants fund (290),
DMNA damage account (71), to the general fund.
  6.  $16,000,000  from  the  general  fund to the miscellaneous special
revenue fund (339), crimes against revenue program account (CA).
  7. $20,000,000 from any office of homeland security account within the
federal miscellaneous  operating  grants  fund  (290),  receiving  money
through the homeland security grants program, to the general fund.
  8.  $11,500,000  from  the federal miscellaneous operating grants fund
(290) world trade center account, to the general fund.
  9. $22,100,000 from the miscellaneous special revenue fund (339) crim-
inal justice improvement account (62) to the general fund.
  10. $20,000,000 from the miscellaneous  special  revenue  fund  (339),
statewide  public  safety  communications  account  (LZ), to the general
fund.
  11. $4,000,000 from the miscellaneous special revenue fund (339) crim-
inal justice improvement  account  (62)  to  the  miscellaneous  special
revenue fund (339) legal services assistance account (IM).
  12.  $660,000  from the miscellaneous special revenue fund (339), cell
tower account (CT), to the general fund.
  Transportation:
  1. $17,672,000 from the federal miscellaneous  operating  grants  fund
(290)  to  the  special  revenue  fund (339), tri-state federal regional
planning account (17).
  2. $20,147,000 from the federal capital projects  fund  (291)  to  the
special revenue fund (339), tri-state federal regional planning accounts
(17).
  3.  $15,368,000  from  the  miscellaneous  special revenue fund (339),
compulsory insurance account (H7), to the general fund.
  4. $19,000,000 from the general fund to the mass transportation  oper-
ating  assistance  fund  (313),  public transportation systems operating
assistance account (01).
  5. $575,000,000 from the general fund to  the  dedicated  highway  and
bridge trust fund (072).
  6.  $606,000 from the miscellaneous special revenue fund (339), inter-
net point insurance reduction program account (IC), to the general fund.
  7. $2,935,000 from the clean air fund  (314),  mobile  source  account
(02), to the general fund.
  8.  $5,000 from the miscellaneous special revenue fund (339), motorcy-
cle safety account (AE), to the general fund.
  9. $165,000,000 from the mass transportation operating assistance fund
(313), metropolitan mass  transportation  operating  assistance  account
(02),  to  the general debt service fund (311), for reimbursement of the
state's expenses in connection with payments of debt service and related

S. 2808--D                         96                         A. 4008--D

expenses for the metropolitan transportation authority's  state  service
contract bonds.
  10. $16,721,000 from the mass transportation operating assistance fund
(313),  metropolitan  mass  transportation  operating assistance account
(02) to the mass transportation operating assistance fund  (313)  public
transportation systems operating assistance account (01).
  11. $35,008,000 from the mass transportation operating assistance fund
(313),  metropolitan  mass  transportation  operating assistance account
(02) to the general fund.
  Miscellaneous:
  1. $75,000,000 from the general fund to any funds or accounts for  the
purpose of reimbursing certain outstanding accounts receivable balances.
  2.  $250,000,000  from  the general fund to the debt reduction reserve
fund (064).
  S 3. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2012:
  1.  Upon request of the commissioner of environmental conservation, up
to $10,777,000 from revenues credited to any of the department of  envi-
ronmental  conservation special revenue funds, including $3,142,800 from
the environmental protection and oil spill compensation fund (303),  and
$1,742,600  from  the  conservation  fund  (302),  to  the environmental
conservation special revenue fund (301), indirect charges account (BJ).
  2. Upon request of the commissioner of agriculture and markets, up  to
$3,000,000  from  any special revenue fund or enterprise fund within the
department of agriculture  and  markets  to  the  miscellaneous  special
revenue  fund  (339)  administrative  costs  account, to pay appropriate
administrative expenses.
  3. Upon request of the commissioner of agriculture and markets, up  to
$2,000,000  from  the  state  exposition  special fund (325), state fair
receipts account (01) to the miscellaneous capital projects fund  (387),
state fair capital improvement account (13).
  4.  Upon  request  of  the commissioner of the division of housing and
community renewal, up to $5,500,000 from revenues credited to any  divi-
sion  of  housing and community renewal federal or miscellaneous special
revenue fund to the agency cost recovery account (HI).
  5. Upon request of the commissioner of the  division  of  housing  and
community  renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue fund account (339), to any miscellaneous special
revenue fund (339).
  6. Upon request of the commissioner of health up to  $15,000,000  from
revenues  credited  to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund  (339),  administration
account (AP).
  S  4.  Notwithstanding  section  2815  of the public health law or any
other contrary provision of law, upon the direction of the  director  of
the  budget  and  the commissioner of health, the dormitory authority of
the state of New York is directed  to  transfer  seven  million  dollars
annually  from  funds  available  and  uncommitted in the New York state
health care restructuring pool to the  health  care  reform  act  (HCRA)
resources fund - HCRA resources account.
  S  5.  On  or before March 31, 2012, the comptroller is authorized and
directed to transfer the unencumbered balance from  the  family  benefit
fund (329) to the general fund.
  S 6. On or before March 31, 2012, the comptroller is hereby authorized
and  directed  to  deposit  earnings  that would otherwise accrue to the

S. 2808--D                         97                         A. 4008--D

general fund that are attributable to the operation of section  98-a  of
the  state  finance  law,  to  the agencies internal service fund (334),
banking services  account  (12),  for  the  purpose  of  meeting  direct
payments from such account.
  S  7.  Notwithstanding  any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state  university
of  New  York,  the  dormitory  authority  of  the  state of New York is
directed to transfer, up to $22,000,000 in revenues generated  from  the
sale  of  notes  or  bonds,  to  the  state  university  of New York for
reimbursement of bondable equipment for further transfer to the  state's
general fund.
  S  8.  Notwithstanding  any  law to the contrary, the state university
chancellor or her designee is authorized and directed to transfer  esti-
mated tuition revenue balances from the state university collection fund
(344)  to  the  state  university  fund  (345), state university revenue
offset account (12) on or before March 31, 2012.
  S 8-a. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $60,000,000 from the general fund to the state university income fund
(345), state  university  hospitals  income  reimbursable  account  (22)
during  the period July 1, 2011 through June 30, 2012 to reflect ongoing
state subsidy of SUNY hospitals and to pay  costs  attributable  to  the
SUNY hospitals' state agency status.
  S  9.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university  chancel-
lor  or her designee, up to $50,000,000 from the state university income
fund (345), state university hospitals income reimbursable account (22),
for hospital income reimbursable for services and expenses  of  hospital
operations  and  capital expenditures at the state university hospitals,
and the state university income fund (345) Long  Island  veterans'  home
account  (09)  to the state university capital projects fund (384) on or
before June 30, 2012.
  S 10. Notwithstanding any law to the contrary, and in accordance  with
section  4 of the state finance law, the comptroller, after consultation
with the state university chancellor or his or her designee,  is  hereby
authorized  and directed to transfer moneys, in the first instance, from
the  state  university  collection  fund  (344),  Stony  Brook  hospital
collection  account (07), Brooklyn hospital collection account (08), and
Syracuse hospital collection account (09) to the state university income
fund (345), state university hospitals income reimbursable account  (22)
in  the  event  insufficient funds are available in the state university
income  fund  (345),  state  university  hospitals  income  reimbursable
account  (22)  to  transfer  moneys, in amounts sufficient to permit the
full transfer of moneys authorized for transfer, to the general fund for
payment of debt service related to the SUNY hospitals.   Notwithstanding
any  law  to the contrary, the comptroller is also hereby authorized and
directed, after consultation with the state university chancellor or his
or her designee, to transfer moneys from  the  state  university  income
fund  (345)  to the state university income fund (345), state university
hospitals income reimbursable account (22)  in  the  event  insufficient
funds  are  available  in  the state university income fund (345), state
university hospitals income reimbursable account (22)  to  pay  hospital
operating  costs  or to transfer moneys, in amounts sufficient to permit
the full transfer of moneys authorized for transfer, to the general fund

S. 2808--D                         98                         A. 4008--D

for payment of debt service related to the SUNY hospitals on  or  before
March 31, 2012.
  S  11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer monies, upon request of  the  director  of  the
budget,  on  or  before March 31, 2012, from and to any of the following
accounts: the miscellaneous special revenue fund (339),  patient  income
account  (13),  the  miscellaneous  special  revenue  fund (339), mental
hygiene program fund account (10) or the general fund  in  any  combina-
tion, the aggregate of which shall not exceed $350 million.
  S  12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $500 million from the unencumbered balance of any special revenue
fund or account, or combination of funds and accounts,  to  the  general
fund. The amounts transferred pursuant to this authorization shall be in
addition  to  any  other  transfers  expressly authorized in the 2011-12
budget. Transfers  from  federal  funds,  debt  service  funds,  capital
projects  funds, or the community projects fund are not permitted pursu-
ant to this authorization. The director of the budget shall notify  both
houses  of  the  legislature  in  writing  prior to initiating transfers
pursuant to this authorization.
  S 12-a. Notwithstanding any law to the  contrary,  and  in  accordance
with  section  4  of  the  state  finance law, the comptroller is hereby
authorized and directed to transfer, at the request of the  director  of
the  budget,  up  to  $38  million  from the unencumbered balance of any
special revenue fund or account, or combination of funds  and  accounts,
to the community projects fund. The amounts transferred pursuant to this
authorization  shall  be  in  addition  to any other transfers expressly
authorized in the 2011-12 budget. Transfers  from  federal  funds,  debt
service  funds,  or capital projects funds are not permitted pursuant to
this authorization. The director of the budget shall (a) have recieved a
request in writting from one or both houses of the legislature, and  (b)
notify  both  houses  of  the legislature in writing prior to initiating
transfers pursuant to this authorization.  The comptroller shall provide
the director of the budget, the chair of the senate  finance  committee,
and  the chair of the assembly ways and means committee with an accurate
accounting and report of any  transfers  that  occur  pursuant  to  this
section  on  or before the fifteenth day of the following month in which
such transfers occur.
  S 13. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, at the request of the director of the budget,
up to $75 million from the unencumbered balance of any non-general  fund
or  account,  or combination of funds and accounts, to the general fund.
The amounts transferred pursuant to this authorization shall be equal to
those savings achieved in such non-general funds as a  result  of  work-
force  savings  actions  and  are  in  addition  to  any other transfers
expressly authorized. Transfers from federal  funds  are  not  permitted
pursuant  to this authorization. The director of the budget shall notify
both houses of the legislature in writing prior to initiating  transfers
pursuant to this authorization.
  S  14. Notwithstanding any provision of law to the contrary, the power
authority of the state of New York, as deemed feasible and advisable  by
its  trustees,  is authorized and directed to make a contribution to the
state treasury to the credit of  the  general  fund  in  the  amount  of

S. 2808--D                         99                         A. 4008--D

$100,000,000  for  the  fiscal  year commencing April 1, 2011. The power
authority of  the  state  of  New  York  will  transfer  not  less  than
$40,000,000  by  June  30,  2011  and will transfer the remainder, up to
$60,000,000, by January 31, 2012.
  S  14-a.    In addition to any payment made by a public benefit corpo-
ration pursuant to an assessment imposed under  sections  2975,  2975-a,
2976  and  2976-a of the public authorities law, a public benefit corpo-
ration is authorized to make voluntary contributions to the state gener-
al fund for any lawful purpose at  any  time  from  any  public  benefit
corporation funds in such amounts as deemed to be feasible and advisable
by such public benefit corporation's governing board after due consider-
ation  of  the  public  benefit  corporation's legal and financial obli-
gations.   Notwithstanding any other law, the  payment  of  a  voluntary
payment  pursuant to this subdivision is deemed to be a valid and proper
purpose for which available funds may  be  applied.  Voluntary  contrib-
utions  made  pursuant to this subdivision shall be payable to the state
treasury to the credit of the general fund.
  S 15.  Intentionally omitted.
  S 16. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
amended  by  section 15 of part JJ of chapter 56 of the laws of 2010, is
amended to read as follows:
  5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four  hundred  eighty-
one  and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, or any other provisions of law to the contrary, during the fiscal
year beginning April first, two thousand ten, the state  comptroller  is
hereby  authorized  and directed to deposit to the fund created pursuant
to this section from amounts collected pursuant to article twenty-two of
the tax law and pursuant to a schedule submitted by the director of  the
budget,  up  to  [$3,308,000,000] $3,292,520,000, as may be certified in
such schedule as necessary to meet the purposes of  such  fund  for  the
fiscal year beginning April first, two thousand [ten] ELEVEN.
  S  17. Subdivision (b) of section 19-a of part PP of chapter 56 of the
laws of 2009, providing funding for certain community projects, relating
to increasing such funding, is REPEALED.
  S 18. The comptroller is authorized and directed  to  deposit  to  the
general fund-state purposes account reimbursements from moneys appropri-
ated  or  reappropriated to the correctional facilities capital improve-
ment fund (399) by a chapter of the laws of 2011.  Reimbursements  shall
be  available for spending from appropriations made to the department of
correctional services in the general fund-state purposes  account  by  a
chapter of the laws of 2011 for costs associated with the administration
and security of capital projects and for other costs which are attribut-
able, according to a plan, to such capital projects.
  S  19.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,772,000 authorized by chapter
54 of the laws of 2001 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund.
  S  20.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed to  deposit,
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-

S. 2808--D                         100                        A. 4008--D

ration for a capital appropriation for $29,365,000 authorized by chapter
54 of the laws of 2002 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes and bonds issued by the  urban  develop-
ment  corporation  or other financing source for a capital appropriation
for $89,000,000 authorized by chapter 50 of the  laws  of  2002  to  the
office of general services for payment of capital construction costs for
the  Alfred  E.  Smith  office  building  located in the city of Albany,
reimbursement from the proceeds of notes and bonds issued by  the  urban
development  corporation or other financing source for capital appropri-
ations for $1,500,000 authorized by chapter 50 of the laws  of  2002  to
the office of general services for payment of capital construction costs
for  the Elk street parking garage building located in the city of Alba-
ny, reimbursement from the proceeds of notes  or  bonds  issued  by  the
urban  development  corporation  for  disbursements of up to $12,000,000
from any capital appropriation or reappropriation authorized by  chapter
50  of  the  laws  of 2002 to the office of general services for various
purposes, reimbursement from the proceeds of notes or  bonds  issued  by
the  urban  development  corporation  for  a  capital  appropriation  of
$13,250,000 authorized by chapter 55 of the laws of 2002 to  the  energy
research  and  development  authority  for  the Western New York Nuclear
Service Center at West Valley, reimbursement from the proceeds of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $14,300,000 authorized by chapter 55  of  the  laws  of
2002  to  the  urban development corporation to finance a portion of the
jobs now program, reimbursement from the  proceeds  of  notes  or  bonds
issued by the dormitory authority for disbursements of up to $20,800,000
from  any capital appropriation or reappropriation authorized by chapter
51 of the laws of 2002 to the  judiciary  for  courthouse  improvements,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation for disbursements  of  up  to  $15,000,000  from
appropriations  or reappropriations authorized by chapter 50 of the laws
of 2002 to any agency  for  costs  related  to  homeland  security,  and
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized  by chapter 54 of the laws of 2002 to the department of envi-
ronmental conservation for Onondaga lake.
  S 20-a. Notwithstanding any other law,  rule,  or  regulation  to  the
contrary,  the comptroller is hereby authorized and directed to deposit,
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds  of  notes  or  bonds  issued by the dormitory authority of the
state of New York for a capital appropriation for  $215,650,000  author-
ized by chapter 55 of the laws of 2000 to all state agencies for payment
of costs related to the strategic investment program.
  S  21.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $30,174,000 authorized by  chapter
55  of  the laws of 2003 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  or  other  financing  source for a capital appropriation of
$19,500,000 authorized by chapter 50 of the laws of 2003 to  the  office

S. 2808--D                         101                        A. 4008--D

of general services for payment of capital construction costs for the 51
Elk  street  parking  garage  building  located  in  the city of Albany,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development  corporation for disbursements of up to $10,000,000 from any
capital appropriation or reappropriation authorized by chapter 50 of the
laws of 2003 to the office of general  services  for  various  purposes,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $13,250,000
authorized  by chapter 55 of the laws of 2003 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the dormitory authority for disbursements of up to $16,400,000 from  any
capital appropriation or reappropriation authorized by chapter 51 of the
laws of 2003 to the judiciary for courthouse improvements, reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation for disbursements of up to $10,000,000  from  appropriations
or  reappropriations authorized by chapter 50 of the laws of 2003 to any
agency for costs related to homeland security,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $10,000,000 authorized by chapter
55 of the laws of 2003 to the department of  environmental  conservation
for  Onondaga  lake,  reimbursement  from the proceeds of notes or bonds
issued by the environmental facilities corporation for disbursements  of
up  to  $11,000,000  from any capital appropriations or reappropriations
authorized by chapter 55 of the laws of 2003 to the department of  envi-
ronmental  conservation  for  environmental  purposes, and reimbursement
from the proceeds of notes or bonds issued by  the  dormitory  authority
for  disbursements  of  up  to $100,000,000 from a capital appropriation
authorized by chapter 50 of the laws of 2003 to the department of  state
for enhanced 911 wireless service.
  S  22.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $28,893,000 authorized by chapter
55 of the laws of 2004 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $10,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2004  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $11,350,000
authorized by chapter 55 of the laws of 2004 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation, for a capital appropriation of
$10,000,000  authorized by chapter 55 of the laws of 2004 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by  the  environmental  facilities
corporation  for  disbursements  of  up  to $11,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the  laws
of  2004  to  the  department of environmental conservation for environ-
mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
issued  by  the  dormitory  authority  for  a  capital  appropriation of

S. 2808--D                         102                        A. 4008--D

$80,000,000 authorized by chapter 53 of the laws of 2004 to  the  educa-
tion  department  for  capital  transition  grants  for  transportation,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  for a capital appropriation of $243,325,000 authorized by
chapter 55 of the laws of 2004 for payment of costs related to  economic
development  projects, reimbursement from the proceeds of bonds or notes
issued by the urban development corporation for a capital  appropriation
of  $83,500,000 authorized by chapter 53 of the laws of 2006, as amended
by chapter 108 of the laws of 2006, for payment of costs related to  the
H.  H. Richardson complex and the Darwin Martin House, and reimbursement
from the proceeds of notes or bonds issued by  the  dormitory  authority
for  a  capital appropriation of $345,750,000 authorized by chapter 3 of
the laws of 2004 for the New York state economic development program.
  S 23. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,602,000 authorized by chapter
55 of the laws of 2005 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $10,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2005  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $11,350,000
authorized by chapter 55 of the laws of 2005 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2005 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $11,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2005 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by the urban development corporation for a capital  appropriation
of  $350,000,000  authorized  by  chapter 55 of the laws of 2005 for the
Javits center, reimbursement from the proceeds of notes or bonds  issued
by  the  dormitory  authority for a capital appropriation of $89,750,000
authorized by chapter 62 of the laws of 2005 for  regional  development,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  for a capital appropriation of $249,000,000 authorized by
chapter  62  of  the  laws  of  2005  for  technology  and  development,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation  for  a  capital  appropriation  of  $48,517,000
authorized  by  chapter  162  of the laws of 2005 for the New York state
economic development program, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $150,000,000 authorized by chapter 62 of  the  laws  of
2005  for  the  higher  education  facilities  capital  matching  grants
program, reimbursement from the proceeds of notes or bonds issued by the
dormitory authority or other financing source for  a  capital  appropri-
ation  of $4,000,000 authorized by chapter 50 of the laws of 2005 to the

S. 2808--D                         103                        A. 4008--D

office of general services for payment of capital construction costs for
the Elk street parking garage building located in the  city  of  Albany,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development  corporation  for  a  capital  appropriation  of $15,000,000
authorized by chapter 53 of the laws of  2005  to  the  state  education
department  for  payment of capital construction costs for public broad-
casting facilities, reimbursement from the proceeds of  notes  or  bonds
issued  by the urban development corporation for a capital appropriation
of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-
sion of state police for public protection facilities, and reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation for capital disbursements of up to $3,000,000 from any capi-
tal  appropriation  or  reappropriation  authorized by chapter 50 of the
laws of 2005 to the division of military and naval affairs  for  various
purposes.
  S  24.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,600,000 authorized by chapter
55 of the laws of 2006 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $20,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2006  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $14,000,000
authorized by chapter 55 of the laws of 2006 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2006 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $12,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2006 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000  from  any  capital  appropriation  or  reappropriation
authorized by chapter 50 of the laws of 2006 to the division of military
and  naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds  issued  by  the  urban  development  corporation  for
disbursements  of  up  to  $12,400,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the  laws  of  2006  to  the
division of state police for public protection facilities, reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation for a capital appropriation of  $117,000,000  authorized  by
chapter 50 of the laws of 2006 to all state departments and agencies for
the  purchase  of equipment, reimbursement from the proceeds of notes or
bonds issued by the dormitory authority or the urban development  corpo-
ration  for  all  or a portion of capital appropriations of $603,050,000
authorized by chapter 108 of the laws of 2006 to the  urban  development
corporation  for economic development/other projects, reimbursement from

S. 2808--D                         104                        A. 4008--D

the proceeds of notes or bonds issued by the  urban  development  corpo-
ration for a capital appropriation of $269,500,000 authorized by chapter
108 of the laws of 2006 to the dormitory authority or the urban develop-
ment  corporation  for economic development projects, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority or  the
urban   development   corporation   for   a   capital  appropriation  of
$201,500,000 authorized by chapter 108 of the laws of 2006 to the  urban
development  corporation for university development projects, reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity or for a capital appropriation of $143,000,000 authorized by chapter
108 of the laws  of  2006  to  the  urban  development  corporation  for
cultural  facilities  projects, reimbursement from the proceeds of notes
or bonds issued by the dormitory  authority  or  the  urban  development
corporation  for  capital appropriations totaling $60,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development  corporation
for  energy/environmental  projects,  reimbursement from the proceeds of
notes or bonds issued by the dormitory authority or the  urban  develop-
ment  corporation  for a capital appropriation of $20,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development  corporation
for  a  competitive  solicitation for construction of a pilot cellulosic
ethanol refinery, reimbursement from the  proceeds  of  notes  or  bonds
issued  by the urban development corporation for a capital appropriation
of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
development corporation for services and expenses related to infrastruc-
ture for a new stadium in Queens  county,  and  reimbursement  from  the
proceeds  of  notes or bonds issued by the urban development corporation
for a capital appropriation of $74,700,000 authorized by chapter  55  of
the  laws  of 2006 to the urban development corporation for services and
expenses related to infrastructure improvements to construct a new park-
ing facility at a new stadium in Bronx county,  reimbursement  from  the
proceeds  of  notes  and  bonds  issued  by the environmental facilities
corporation for a capital  appropriation  of  $5,000,000  authorized  by
chapter  55  of  the laws of 2006 to the environmental facilities corpo-
ration for payment for the pipeline for jobs program, reimbursement from
the proceeds of notes or bonds issued by  the  dormitory  authority  for
capital  disbursements  of  up to $14,000,000 from any capital appropri-
ation or reappropriation authorized by chapter 53 of the  laws  of  2006
for the library construction purpose, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory  authority for an appropriation of $1,200,000 authorized by chapter
53 of the laws of 2006 for the towns of Bristol and  Canandaigua  public
water  systems, reimbursement from the proceeds of notes or bonds issued
by the urban development corporation or the dormitory authority  for  an
appropriation of $5,500,000 authorized by chapter 53 of the laws of 2006
for  Belleayre  mountain  ski center, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory authority for an appropriation of $25,000,000 authorized by chapter
53 of the laws of 2006 for the town of Smithtown/Kings Park  psychiatric
center rehabilitation, reimbursement from the proceeds of notes or bonds
issued  by  the urban development corporation or the dormitory authority
for an appropriation of $5,000,000 authorized by chapter 108 of the laws
of 2006 for a state of New York umbilical cord bank, reimbursement  from
the  proceeds  of  notes or bonds issued by the urban development corpo-
ration or the dormitory authority for  an  appropriation  of  $5,500,000
authorized  by  chapter  53 of the laws of 2006 for an Old Gore mountain
ski bowl connection, reimbursement from the proceeds of notes  or  bonds

S. 2808--D                         105                        A. 4008--D

issued  by  the urban development corporation or the dormitory authority
for an appropriation of $2,000,000 authorized by chapter 53 of the  laws
of 2006 for a Cornell equine drug testing laboratory, reimbursement from
the  proceeds  of  notes or bonds issued by the urban development corpo-
ration or the dormitory authority for  an  appropriation  of  $2,000,000
authorized  by  chapter  53  of the laws of 2006 for a Fredonia vineyard
laboratory, reimbursement from the proceeds of notes or bonds issued  by
the  dormitory  authority  or  the  urban development corporation for an
appropriation of $40,000,000 authorized by chapter 108 of  the  laws  of
2006  for  a food testing laboratory, reimbursement from the proceeds of
notes or bonds issued by the New York state  thruway  authority  for  an
appropriation  of  $22,000,000  authorized by chapter 108 of the laws of
2006 to the department of transportation for high speed rail, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for capital disbursements of  up  to  $500,000,000  from  an
appropriation authorized by chapter 108 of the laws of 2006 to the urban
development corporation for development of a semiconductor manufacturing
facility,  reimbursement  from  the proceeds of notes or bonds issued by
the urban development corporation of up to $150,000,000 from  an  appro-
priation  authorized  by  chapter  108  of the laws of 2006 to the urban
development corporation for research and  development  activities  of  a
semiconductor manufacturer, and reimbursement from the proceeds of notes
or  bonds  issued  by  the  urban  development  corporation  for capital
disbursements of up to $292,385,000 from an appropriation to  the  urban
development  corporation  authorized  by chapter 108 of the laws of 2006
for community revitalization projects.
  S 25. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2007 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $20,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2007  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $13,500,000
authorized by chapter 55 of the laws of 2007 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2007 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $12,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2007 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000  from  any  capital  appropriation  or  reappropriation
authorized by chapter 50 of the laws of 2007 to the division of military
and  naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds  issued  by  the  urban  development  corporation  for

S. 2808--D                         106                        A. 4008--D

disbursements  from a capital appropriation of $50,000,000 authorized by
chapter 50 of the laws of 2007 to  the  division  of  state  police  for
construction  of  a Troop G facility, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation for disburse-
ments  from  a capital appropriation of $6,000,000 authorized by chapter
50 of the laws of 2007 to the division of state police for  construction
of evidence storage facilities, reimbursement from the proceeds of notes
or  bonds  issued  by  the  dormitory authority or the urban development
corporation for capital appropriations totaling  $77,900,000  authorized
by  chapter  51  of the laws of 2007 to the judiciary for court training
facilities and courthouse improvement projects, reimbursement  from  the
proceeds  of  notes or bonds issued by the urban development corporation
for a capital appropriation of $20,000,000 authorized by chapter  50  of
the  laws of 2007 to all state departments and agencies for the purchase
of equipment, reimbursement from the proceeds of notes or  bonds  issued
by   the   dormitory  authority  for  capital  disbursements  of  up  to
$14,000,000 from any capital appropriation or reappropriation authorized
by chapter 53 of the laws of 2007 for library  construction,  reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity  for  capital  disbursements  of  up to $60,000,000 from any capital
appropriation or reappropriation authorized by chapter 53 of the laws of
2007 for cultural education storage facilities, reimbursement  from  the
proceeds  of  notes or bonds issued by the urban development corporation
for capital disbursements of up to $15,000,000 from any  capital  appro-
priation or reappropriation authorized by chapter 55 of the laws of 2007
for thRoosevelt  Island Operating Corporation aerial tramway, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for capital disbursements of  up  to  $20,000,000  from  any
capital appropriation or reappropriation authorized by chapter 55 of the
laws  of  2007 for Governor's Island, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation  for  capital
disbursements  of  up  to  $7,500,000  from any capital appropriation or
reappropriation authorized by chapter 55 of the laws of 2007 for  Harri-
man  research  and  technology  park, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation  for  capital
disbursements  of  up  to  $7,950,000  from any capital appropriation or
reappropriation authorized by chapter 55 of the laws  of  2007  for  USA
Niagara, and reimbursement from the proceeds of notes or bonds issued by
the  urban  development  corporation  for capital disbursements of up to
$1,300,000 from appropriations authorized by chapter 50 of the  laws  of
2007  made  to  the  office  of  general services for legislative office
building hearing rooms.
  S 26. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2008 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of  $141,000,000  authorized  by
chapter 50 of the laws of 2008 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds  of  notes or bonds issued by the urban development corporation
for disbursements of up to $45,500,000 from any capital appropriation or

S. 2808--D                         107                        A. 4008--D

reappropriation authorized by chapter 50 of the  laws  of  2008  to  the
office  of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $13,500,000 authorized by chapter
55 of the laws of 2008 to the energy research and development  authority
for  the  Western  New  York  Nuclear  Service  Center  at  West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2008 to the department of  envi-
ronmental   conservation  for  Onondaga  lake,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by chapter 55 of the laws of  2008
to  the  department  of  environmental  conservation  for  environmental
purposes, reimbursement from the proceeds of notes or  bonds  issued  by
the  urban  development  corporation  for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation  authorized
by  chapter 50 of the laws of 2008 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $2,500,000 authorized by chapter 50 of the laws of 2008
to the  office  for  technology  for  activities  related  to  broadband
service, reimbursement from the proceeds of notes or bonds issued by the
urban  development corporation for a capital appropriation of $6,000,000
authorized by chapter 50 of the laws of 2008 to the  division  of  state
police for rehabilitation of facilities, reimbursement from the proceeds
of  notes or bonds issued by the dormitory authority of the state of New
York or other financing source for a capital appropriation authorized by
chapter 53 of the laws of 2008 of $14,000,000 to the  education  depart-
ment  for library construction, reimbursement from the proceeds of notes
or bonds issued by the dormitory authority of the state of New  York  or
other financing source for a capital appropriation authorized by chapter
53  of  the  laws of 2008 of $15,000,000 to the education department for
museum renewal projects, reimbursement from the  proceeds  of  notes  or
bonds  issued by the urban development corporation for capital appropri-
ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the
urban development corporation for services and expenses related  to  the
investment opportunity fund, reimbursement from the proceeds of notes or
bonds  issued by the urban development corporation for capital appropri-
ation of $18,000,000 authorized by chapter 53 of the laws of 2008 to the
urban development corporation for services and expenses related to  arts
and cultural projects, reimbursement from the proceeds of bonds or notes
issued  by the urban development corporation for a capital appropriation
of $32,148,000 authorized by chapter 53 of the laws of 2008 for economic
and community development projects, reimbursement from the  proceeds  of
bonds or notes issued by the urban development corporation for a capital
appropriation  of  $30,000,000  authorized  by chapter 53 of the laws of
2008 for New York city waterfront  development  projects,  reimbursement
from  the  proceeds  of  bonds  or notes issued by the urban development
corporation for a capital appropriation  of  $45,000,000  authorized  by
chapter  53  of  the  laws  of  2008  for  Luther  Forest infrastructure
projects, reimbursement from the proceeds of notes or  bonds  issued  by
the   urban   development   corporation  for  capital  appropriation  of
$35,000,000 authorized by chapter 53 of the laws of 2008  to  the  urban
development  corporation  for services and expenses related to downstate
regional projects, reimbursement from the proceeds  of  notes  or  bonds

S. 2808--D                         108                        A. 4008--D

issued by the urban development corporation for capital appropriation of
$137,037,000  authorized  by chapter 53 of the laws of 2008 to the urban
development corporation for services and  expenses  related  to  upstate
city-by-city projects, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$35,000,000  authorized  by  chapter 53 of the laws of 2008 to the urban
development corporation for services and expenses related to  the  down-
state  revitalization projects, reimbursement from the proceeds of notes
or bonds issued by the urban development corporation for capital  appro-
priation of $117,265,000 authorized by chapter 53 of the laws of 2008 to
the  urban  development corporation for services and expenses related to
the upstate regional blueprint fund, reimbursement from the proceeds  of
notes  or  bonds issued by the urban development corporation for capital
appropriation of $25,000,000 authorized by chapter 53  of  the  laws  of
2008  to  the  urban  development  corporation for services and expenses
related  to  the  upstate  agricultural   economic   development   fund,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development  corporation  for  capital  appropriation  of   $350,000,000
authorized  by  chapter  53 of the laws of 2008 to the urban development
corporation for services and expenses related  to  the  New  York  state
capital  assistance program, reimbursement from the proceeds of notes or
bonds issued by the urban development corporation for capital  appropri-
ation  of  $350,000,000  authorized by chapter 53 of the laws of 2008 to
the urban development corporation for services and expenses  related  to
the   New  York  state  economic  development  assistance  program,  and
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development corporation for capital appropriation of $20,000,000 author-
ized  by  chapter 55 of the laws of 2008 to the urban development corpo-
ration for services and expenses related to the  empire  state  economic
development fund.
  S  27.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by  chapter
55  of  the laws of 2009 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  a  capital appropriation of $129,800,000 authorized by
chapter 50 of the laws of 2009 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for disbursements of up to $24,000,000 from any capital appropriation or
reappropriation  authorized  by  chapter  50  of the laws of 2009 to the
office of general services for various purposes, reimbursement from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $13,500,000 authorized by chapter
55 of the laws of 2009 to the energy research and development  authority
for  the  Western  New  York  Nuclear  Service  Center  at  West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2009 to the department of  envi-
ronmental   conservation  for  Onondaga  lake,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-

S. 2808--D                         109                        A. 4008--D

ations or reappropriations authorized by chapter 55 of the laws of  2009
to  the  department  of  environmental  conservation  for  environmental
purposes, reimbursement from the proceeds of notes or  bonds  issued  by
the  urban  development  corporation  for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation  authorized
by  chapter 50 of the laws of 2009 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009
to the division  of  state  police  for  rehabilitation  of  facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  of  the state of New York or other financing source for a
capital appropriation authorized by chapter 53 of the laws  of  2009  of
$14,000,000  to the state education department for library construction,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing  source  for  a
capital  appropriation  of  $4,000,000 to the state education department
for rehabilitation associated  with  the  St.  Regis  Mohawk  elementary
school  authorized  by  chapter 53 of the laws of 2009 and reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation for capital appropriation of $25,000,000 authorized by chap-
ter  55  of  the  laws  of 2009 to the urban development corporation for
services and expenses related to the empire state  economic  development
fund.
  S  28.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $29,600,000 authorized by  chapter
55  of  the laws of 2010 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  a  capital appropriation of $187,285,000 authorized by
chapter 50 of the laws of 2010 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for disbursements of up to $26,950,000 from any capital appropriation or
reappropriation  authorized  by  chapter  50  of the laws of 2010 to the
office of general services for various purposes, reimbursement from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for  a capital appropriation of $5,000,000 authorized by chapter
55 of the laws of 2010 to the department of  environmental  conservation
for  Onondaga  lake,  reimbursement  from the proceeds of notes or bonds
issued by the environmental facilities corporation for disbursements  of
up  to  $12,000,000  from any capital appropriations or reappropriations
authorized by chapter 55 of the laws of 2010 to the department of  envi-
ronmental  conservation  for  environmental purposes, reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration  for  capital  disbursements of up to $3,000,000 from any capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2010 to the division of military and naval affairs for various purposes,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development  corporation  for  a  capital  appropriation  of  $6,000,000
authorized by chapter 50 of the laws of 2010 to the  division  of  state
police for rehabilitation of facilities, reimbursement from the proceeds

S. 2808--D                         110                        A. 4008--D

of  notes or bonds issued by the dormitory authority of the state of New
York  or  other  financing  source  for  a  capital   appropriation   of
$14,000,000  authorized  by  chapter 53 of the laws of 2010 to the state
education  department  for library construction, reimbursements from the
proceeds of notes or bonds issued by  the  dormitory  authority  of  the
state  of New York or other financing source for a capital appropriation
of $20,400,000 authorized by chapter 100 of the  laws  of  2010  to  the
state   education  department  for  the  longitudinal  data  system  and
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing  source  for  a
capital  appropriation  of  $42,000,000  for  the state preparedness and
training center.
  S 29. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $35,000,000 authorized by a chap-
ter of the laws of 2011 to the department of environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of $92,751,000 authorized  by  a
chapter  of  the  laws of 2011 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for disbursements of up to $40,000,000 from any capital appropriation or
reappropriation  authorized  by  a  chapter  of  the laws of 2011 to the
office of general services for various purposes, reimbursement from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations  or  reappropriations authorized by a chapter of the laws of 2011
to  the  department  of  environmental  conservation  for  environmental
purposes,  reimbursement  from  the proceeds of notes or bonds issued by
the urban development corporation for capital  disbursements  of  up  to
$3,000,000  from any capital appropriation or reappropriation authorized
by a chapter of the laws of 2011 to the division of military  and  naval
affairs  for  various purposes, reimbursement from the proceeds of notes
or bonds issued by the  urban  development  corporation  for  a  capital
appropriation  of $6,000,000 authorized by a chapter of the laws of 2011
to the division  of  state  police  for  rehabilitation  of  facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  of  the state of New York or other financing source for a
capital appropriation of $14,000,000 authorized by a chapter of the laws
of 2011 to the state  education  department  for  library  construction,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development  corporation  for  capital  appropriation  of   $130,550,000
authorized  by  a  chapter  of the laws of 2011 to the urban development
corporation for services and expenses related to the  regional  economic
development council initiative, reimbursement from the proceeds of notes
or  bonds issued by the urban development corporation for capital appro-
priation of $50,000,000 authorized by a chapter of the laws of  2011  to
the  urban  development corporation for services and expenses related to
the economic transformation program.
  S 30. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the state university residence hall rehabilitation fund

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(074), reimbursement from the proceeds of notes or bonds issued  by  the
dormitory  authority  of the state of New York for capital disbursements
of up to $331,000,000 from any appropriation or reappropriation  author-
ized by a chapter of the laws of 2011.
  S  31.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the dormitory authority  and  urban
development  corporation  for  disbursements of up to $8,000,000 from an
appropriation authorized by chapter 50 of the  laws  of  2009  for  drug
courts.
  S  32.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  city  university  special  revenue fund (377),
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry Authority of the State of New York for capital disbursements of up to
$20,000,000 from any  appropriation  or  reappropriation  authorized  by
chapter  53  of  the laws of 2009 to the city university of New York for
various purposes.
  S 33. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary, the state comptroller is hereby authorized and directed to use
any  balance  remaining  in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical  care  facilities  finance  agency,  and  the
facilities development corporation pursuant to chapter 83 of the laws of
1995  and  the  department  of  mental hygiene for the purpose of making
payments to the dormitory authority of the state of  New  York  for  the
amount  of  the  earnings  for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to  the  provisions  of
the  internal  revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal  income  taxation  on  the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. On or before June 30, 2011, such agency shall
certify  to  the  state  comptroller  its  determination  of the amounts
received in the mental health services fund as a result of  the  invest-
ment  of monies deposited therein that will or may have to be rebated to
the federal government pursuant to the provisions of the internal reven-
ue code of 1986, as amended.
  S 34. (1) Notwithstanding any other law, rule, or  regulation  to  the
contrary,  the state comptroller shall at the commencement of each month
certify to the director of the budget, the commissioner of environmental
conservation, the chair of the senate finance committee, and  the  chair
of  the assembly ways and means committee the amounts disbursed from all
appropriations for hazardous waste site  remediation  disbursements  for
the month preceding such certification.
  (2)  Notwithstanding any law to the contrary, prior to the issuance by
the comptroller of bonds authorized pursuant to subdivision a of section
4 of the environmental quality bond act of nineteen hundred  eighty-six,
as  enacted  by  chapter 511 of the laws of 1986, disbursements from all
appropriations for that purpose shall first be  reimbursed  from  moneys
credited  to  the  hazardous waste remedial fund, site investigation and
construction account,  to  the  extent  moneys  are  available  in  such
account.  For  purposes of determining moneys available in such account,

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the commissioner of environmental  conservation  shall  certify  to  the
comptroller  the  amounts  required  for administration of the hazardous
waste remedial program.
  (3)  The comptroller is hereby authorized and directed to transfer any
balance above the amounts certified by the commissioner of environmental
conservation to reimburse disbursements pursuant to  all  appropriations
from  such site investigation and construction account; provided, howev-
er, that if such transfers are  determined  by  the  comptroller  to  be
insufficient  to  assure  that  interest  paid to holders of state obli-
gations issued for hazardous waste purposes  pursuant  to  the  environ-
mental  quality  bond  act of nineteen hundred eighty-six, as enacted by
chapter 511 of the laws of 1986, is exempt from federal income taxation,
the comptroller is hereby authorized and directed to transfer, from such
site investigation and construction account to  the  general  fund,  the
amount  necessary  to  redeem bonds in an amount necessary to assure the
continuation of such tax exempt status. Prior to the making of any  such
transfers,  the  comptroller  shall notify the director of the budget of
the amount of such transfers.
  S 35. Subdivision 8 of section 68-b  of  the  state  finance  law,  as
amended  by  chapter  79  of  the  laws  of  2010, is amended to read as
follows:
  8. Revenue bonds may  only  be  issued  for  authorized  purposes,  as
defined  in  section  sixty-eight-a of this article. Notwithstanding the
foregoing, the dormitory authority of the state  of  New  York  and  the
urban development corporation may issue revenue bonds for any authorized
purpose  of any other such authorized issuer through March thirty-first,
two thousand [eleven] THIRTEEN.  The authorized issuers shall not  issue
any revenue bonds in an amount in excess of statutory authorizations for
such  authorized  purposes.  Authorizations for such authorized purposes
shall be reduced in an amount equal  to  the  amount  of  revenue  bonds
issued  for  such authorized purposes under this article. Such reduction
shall not be made in relation to revenue bonds issued  to  fund  reserve
funds,  if  any,  and  costs of issuance, if these items are not counted
under existing authorizations, nor shall revenue bonds issued to  refund
bonds  issued  under  existing  authorizations reduce the amount of such
authorizations.
  S 36. Subdivision 2 of section 68-a  of  the  state  finance  law,  as
amended  by  chapter  79  of  the  laws  of  2010, is amended to read as
follows:
  2. "Authorized purpose" for purposes of this article and section nine-
ty-two-z of this chapter shall mean any purposes  for  which  state-sup-
ported debt, as defined by section sixty-seven-a of this chapter, may or
has  been  issued  except  debt  for which the state is constitutionally
obligated thereunder to pay  debt  service  and  related  expenses,  and
except  (a) as authorized in paragraph (b) of subdivision one of section
three hundred eighty-five of the public authorities law, (b) as  author-
ized for the department of health of the state of New York facilities as
specified  in  paragraph a of subdivision two of section sixteen hundred
eighty of the public authorities law, (c) state university of  New  York
dormitory  facilities  as  specified  in  subdivision  eight  of section
sixteen hundred seventy-eight of the public authorities law, and (d)  as
authorized  for  mental  health services facilities by section nine-a of
section one of chapter three hundred ninety-two of the laws of  nineteen
hundred  seventy-three  constituting  the  New  York  state medical care
facilities financing act. Notwithstanding the provisions of  clause  (d)
of  this  subdivision,  for  the  period  April first, two thousand nine

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through March thirty-first, two thousand [eleven] TWELVE, mental  health
services  facilities,  as authorized by section nine-a of section one of
chapter three hundred ninety-two of the laws of nineteen hundred  seven-
ty-three constituting the New York state medical care facilities financ-
ing act, shall constitute an authorized purpose.
  S 37. Section 51 of part RR of chapter 57 of the laws of 2008, provid-
ing  for the administration of certain funds and accounts related to the
2008-2009 budget, as amended by chapter 48  of  the  laws  of  2010,  is
amended to read as follows:
  S  51.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2008; provided,
however, that the amendments to subdivision 6 of section 4 and  subdivi-
sion  4  of section 40 of the state finance law made by sections fifteen
and sixteen of this act shall expire on the same date such  subdivisions
expire; and provided, further, however, that section thirty-four of this
act  shall take effect on the same date as the reversion of section 69-c
of the state finance law as provided in section 58 of part T of  chapter
57  of the laws of 2007, as amended; [provided, further that such amend-
ments shall expire and be deemed repealed March 31, 2011;] and provided,
further, however, that sections one, three, four, and  eighteen  through
twenty-seven of this act shall expire March 31, 2009 when upon such date
the  provisions  of such sections shall be deemed repealed; and provided
further that section fourteen of this act shall expire  March  31,  2011
when  upon  such  date  the  provisions  of such section shall be deemed
repealed.
  S 38. Subdivision 3 of section 1285-p of the public  authorities  law,
as  amended  by section 48 of part JJ of chapter 56 of the laws of 2010,
is amended to read as follows:
  3. The maximum amount of bonds that may be issued for the  purpose  of
financing  environmental  infrastructure  projects  authorized  by  this
section shall be nine hundred  [three]  FIFTEEN  million  seven  hundred
forty-seven thousand dollars, exclusive of bonds issued to fund any debt
service reserve funds, pay costs of issuance of such bonds, and bonds or
notes  issued  to  refund  or  otherwise repay bonds or notes previously
issued.  Such bonds and notes of the corporation shall not be a debt  of
the  state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the  state  to
the  corporation  for  debt service and related expenses pursuant to any
service contracts executed pursuant to subdivision one of this  section,
and  such  bonds and notes shall contain on the face thereof a statement
to such effect.
  S 39. Subdivision (a) of section 28 of part Y of  chapter  61  of  the
laws  of  2005,  providing  for  the administration of certain funds and
accounts related to the 2005-2006 budget, as amended by  section  49  of
part  JJ  of  chapter  56  of  the  laws  of 2010, is amended to read as
follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any  provisions  of  law  to  the contrary, one or more
authorized issuers as defined by section 68-a of the state  finance  law
are  hereby  authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed  [$18,000,000]  $21,000,000,
excluding  bonds  issued  to  finance  one  or more debt service reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to refund or otherwise repay such bonds or notes previously issued,  for
the  purpose of financing capital projects for public protection facili-
ties in the Division of Military and Naval  Affairs,  debt  service  and

S. 2808--D                         114                        A. 4008--D

leases;  and  to reimburse the state general fund for disbursements made
therefor. Such bonds and notes of such authorized issuer shall not be  a
debt  of the state, and the state shall not be liable thereon, nor shall
they  be  payable  out of any funds other than those appropriated by the
state to such authorized issuer for debt service  and  related  expenses
pursuant to any service contract executed pursuant to subdivision (b) of
this  section and such bonds and notes shall contain on the face thereof
a statement to such effect. Except for purposes of  complying  with  the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
  S  40.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
laws of 2002, providing for the  administration  of  certain  funds  and
accounts  related  to  the 2002-2003 budget, as amended by section 50 of
part JJ of chapter 56 of the  laws  of  2010,  is  amended  to  read  as
follows:
  (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of  the  urban  development
corporation  act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an  aggregate  principal  amount  not  to
exceed  $67,000,000  excluding  bonds  issued  to  fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes  previ-
ously  issued,  for  the  purpose  of financing capital costs related to
homeland security and training facilities  for  the  division  of  state
police,  the division of military and naval affairs, and any other state
agency, including the reimbursement of any disbursements made  from  the
state  capital projects fund, and is hereby authorized to issue bonds or
notes in one or more series in an  aggregate  principal  amount  not  to
exceed  [$165,800,000]  $205,800,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs  of  issuance  of  such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing improvements to
State office buildings and other facilities located statewide, including
the  reimbursement  of  any  disbursements  made  from the state capital
projects fund. Such bonds and notes of the corporation shall  not  be  a
debt  of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those  appropriated  by  the
state  to the corporation for debt service and related expenses pursuant
to any service contracts executed pursuant to subdivision  (b)  of  this
section,  and  such  bonds and notes shall contain on the face thereof a
statement to such effect.
  S 41. Subdivision 4 of section 66-b  of  the  state  finance  law,  as
amended  by  section 51 of part JJ of chapter 56 of the laws of 2010, is
amended to read as follows:
  4. Subject to the provisions of chapter fifty-nine of the laws of  two
thousand, but notwithstanding any other provisions of law to the contra-
ry,  the  maximum  amount  of  certificates  of participation or similar
instruments representing periodic payments due from  the  state  of  New
York,  issued  on  behalf  of  state  departments and agencies, the city
university of New York and any other state  entity  otherwise  specified
after  March  thirty-first,  two  thousand  three shall be seven hundred
[fifty-one]  EIGHTY-FOUR  million  two  hundred   eighty-five   thousand
dollars. Such amount shall be exclusive of certificates of participation
or  similar instruments issued to fund a reserve fund or funds, costs of
issuance and to refund outstanding certificates of participation.

S. 2808--D                         115                        A. 4008--D

  S 42. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, providing for the  financing  of  the  correctional  facilities
improvement  fund and the youth facility improvement fund, as amended by
section 52 of part JJ of chapter 56 of the laws of 2010, is  amended  to
read as follows:
  1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes  and  other  obligations  in  an
aggregate  principal amount not to exceed six billion [one] FOUR hundred
[sixty-four] NINETY million [sixty-nine] FOUR HUNDRED  SIXTY-NINE  thou-
sand  dollars  [$6,164,069,000]  $6,490,469,000,  and  shall include all
bonds, notes and other obligations issued pursuant to chapter 56 of  the
laws  of  1983,  as amended or supplemented. The proceeds of such bonds,
notes or other obligations shall be paid to the state,  for  deposit  in
the  correctional  facilities capital improvement fund to pay for all or
any portion of the amount or amounts paid by the  state  from  appropri-
ations  or  reappropriations  made  to  the  department [of correctional
services] OF CORRECTIONS AND COMMUNITY SUPERVISION from the correctional
facilities capital improvement fund for capital projects. The  aggregate
amount  of  bonds,  notes  or  other obligations authorized to be issued
pursuant to this section shall exclude bonds, notes or other obligations
issued to refund or otherwise repay bonds, notes  or  other  obligations
theretofore issued, the proceeds of which were paid to the state for all
or a portion of the amounts expended by the state from appropriations or
reappropriations  made  to  the  department  of  [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION; provided, however, that upon  any
such  refunding  or  repayment  the  total aggregate principal amount of
outstanding bonds, notes or other obligations may be  greater  than  six
billion [one] FOUR hundred [sixty-four] NINETY million [sixty-nine] FOUR
HUNDRED  SIXTY-NINE  thousand  dollars  [$6,164,069,000] $6,490,469,000,
only if the present value of the aggregate debt service of the refunding
or repayment bonds, notes or other obligations to be  issued  shall  not
exceed  the  present  value  of the aggregate debt service of the bonds,
notes or other obligations so to be refunded or repaid. For the purposes
hereof, the present value of the aggregate debt service of the refunding
or repayment bonds, notes or other obligations and of the aggregate debt
service of the bonds, notes or other obligations so refunded or  repaid,
shall  be  calculated  by  utilizing  the effective interest rate of the
refunding or repayment bonds, notes or other obligations, which shall be
that  rate  arrived  at  by  doubling  the  semi-annual  interest   rate
(compounded  semi-annually)  necessary  to  discount  the  debt  service
payments on the refunding or repayment bonds, notes or other obligations
from the payment dates thereof to the date of issue of the refunding  or
repayment bonds, notes or other obligations and to the price bid includ-
ing  estimated  accrued interest or proceeds received by the corporation
including estimated accrued interest from the sale thereof.
  S 43. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of 1997, providing for the  financing  of  the  correctional  facilities
improvement  fund and the youth facility improvement fund, as amended by
section 53 of part JJ of chapter 56 of the laws of 2010, is  amended  to
read as follows:
  1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes  and  other  obligations  in  an

S. 2808--D                         116                        A. 4008--D

aggregate  principal amount not to exceed [three] FOUR hundred [seventy-
nine]  TWENTY-NINE  million  five  hundred  fifteen   thousand   dollars
[($379,515,000)]   ($429,515,000),  which  authorization  increases  the
aggregate principal amount of bonds, notes and other obligations author-
ized by section 40 of chapter 309 of the laws of 1996, and shall include
all bonds, notes and other obligations issued pursuant to chapter 211 of
the  laws  of  1990,  as  amended  or supplemented. The proceeds of such
bonds, notes or other obligations shall be paid to the state, for depos-
it in the youth facilities improvement fund,  to  pay  for  all  or  any
portion  of  the amount or amounts paid by the state from appropriations
or reappropriations made to the office of children and  family  services
from  the  youth  facilities  improvement fund for capital projects. The
aggregate amount of bonds, notes and other obligations authorized to  be
issued  pursuant  to  this  section  shall exclude bonds, notes or other
obligations issued to refund or otherwise repay bonds,  notes  or  other
obligations  theretofore  issued, the proceeds of which were paid to the
state for all or a portion of the amounts expended  by  the  state  from
appropriations  or  reappropriations  made to the office of children and
family services; provided, however, that  upon  any  such  refunding  or
repayment  the  total  aggregate  principal amount of outstanding bonds,
notes or other obligations may be  greater  than  [three]  FOUR  hundred
[seventy-nine] TWENTY-NINE million five hundred fifteen thousand dollars
[($379,515,000)]  $429,515,000,  only if the present value of the aggre-
gate debt service of the refunding or repayment bonds,  notes  or  other
obligations  to  be  issued  shall  not  exceed the present value of the
aggregate debt service of the bonds, notes or other obligations so to be
refunded or repaid. For the purposes hereof, the present  value  of  the
aggregate  debt  service  of  the refunding or repayment bonds, notes or
other obligations and of the aggregate debt service of the bonds,  notes
or  other  obligations  so  refunded  or  repaid, shall be calculated by
utilizing the effective interest rate  of  the  refunding  or  repayment
bonds,  notes  or other obligations, which shall be that rate arrived at
by doubling the semi-annual  interest  rate  (compounded  semi-annually)
necessary  to  discount  the  debt  service payments on the refunding or
repayment bonds, notes or other obligations from the payment dates ther-
eof to the date of issue of the refunding or repayment bonds,  notes  or
other  obligations  and  to  the  price  bid including estimated accrued
interest or proceeds received by  the  corporation  including  estimated
accrued interest from the sale thereof.
  S  44.  Paragraph  (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 54 of part JJ of  chapter  56
of the laws of 2010, is amended to read as follows:
  (a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  in  order  to  enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of  such
housing  programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable  housing  program  bonds  and
notes  in  such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and  not  previously
reimbursed)  pursuant  to law or any prior year making capital appropri-
ations or reappropriations for the  purposes  of  the  housing  program;
provided,  however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding two billion [five] SIX  hundred
[thirty-two]  THIRTY-SIX million [two] FOUR hundred ninety-nine thousand
dollars, plus a principal amount  of  bonds  issued  to  fund  the  debt
service  reserve  fund  in accordance with the debt service reserve fund

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requirement established by the agency and to  fund  any  other  reserves
that  the agency reasonably deems necessary for the security or marketa-
bility of such bonds and to provide for the payment of  fees  and  other
charges  and  expenses,  including  underwriters'  discount, trustee and
rating agency fees, bond insurance,  credit  enhancement  and  liquidity
enhancement  related to the issuance of such bonds and notes. No reserve
fund securing the housing program bonds shall be entitled or eligible to
receive state funds apportioned or appropriated to maintain  or  restore
such  reserve  fund at or to a particular level, except to the extent of
any deficiency resulting directly or indirectly from a  failure  of  the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
  S  45.  Paragraph  j  of  subdivision  2 of section 1680 of the public
authorities law, as amended by section 37 of part PP of  chapter  56  of
the laws of 2009, is amended to read as follows:
  j.  Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two  for  a  housing  unit  for  the  use  of
students  at  a  state-operated  institution  or  statutory  or contract
college under the jurisdiction of the state university of New York shall
be one billion [two] FIVE hundred [thirty]  SIXTY-ONE  million  dollars.
Such  amount  shall  be  exclusive of bonds and notes issued to fund any
reserve fund or funds, costs of issuance, and to refund any  outstanding
bonds and notes relating to a housing unit under the jurisdiction of the
state university of New York.
  S  46.  Subdivision  (b)  of  section 11 of chapter 329 of the laws of
1991, amending the state finance law and  other  laws  relating  to  the
establishment of the dedicated highway and bridge trust fund, as amended
by section 2 of part C of chapter 109 of the laws of 2010, is amended to
read as follows:
  (b) Any service contract or contracts for projects authorized pursuant
to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide  for  state  commitments  to  provide
annually  to  the  thruway  authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund such projects  having  a
cost  not  in  excess of [$6,286,660,000] $6,695,169,000 cumulatively by
the end of fiscal year [2010-2011] 2011-12.
  S 47. Subdivision 5 of section 3234 of the public authorities law,  as
amended  by  section  54  of  part  K of chapter 81 of the laws 2002, is
amended to read as follows:
  5. A majority of the whole number of directors then  in  office  shall
constitute  a quorum for the transaction of any business or the exercise
of any power of the corporation. Except as otherwise specified  in  this
title,  for the transaction of any business or the exercise of any power
of the corporation, the corporation shall have power to act by a majori-
ty of the directors present at any meeting  at  which  a  quorum  is  in
attendance;  provided  that  one  or more directors may participate in a
meeting by means  of  conference  telephone  or  similar  communications
equipment  allowing  all  directors participating in the meeting to hear
each other at the same  time  and  participation  by  such  means  shall
constitute  presence  in  person  at  a meeting. A unanimous vote of all
directors THEN IN OFFICE shall be required for approval of a  resolution
authorizing  the issuance of bonds or notes or any supplemental or amen-

S. 2808--D                         118                        A. 4008--D

datory resolution.  The corporation may delegate to one or more  of  its
directors,  or officers, agents and employees, such powers and duties as
the directors may deem proper. Five days notice shall be given  to  each
director and nonvoting representative prior to any meeting of the corpo-
ration.
  S  48.  Paragraph  (e)  of subdivision 1 of section 3236 of the public
authorities law, as amended by chapter 219  of  the  laws  of  1999,  is
amended to read as follows:
  (e)  Such bonds shall be sold to the bidder offering the lowest inter-
est cost to the corporation, taking into consideration  any  premium  or
discount  and,  in  the  case  of refunding bonds, the bona fide initial
public offering price, not less than four nor more  than  fifteen  days,
Sundays  excepted,  after  a  notice  of such sale has been published at
least once in a definitive  trade  publication  of  the  municipal  bond
industry  published  on each business day in the state of New York which
is generally available to participants in the municipal  bond  industry,
which  notice shall state the terms of the sale. The corporation may not
change the terms of the sale unless notice of such change is sent via  a
definitive  trade  wire service of the municipal bond industry which, in
general, makes available information regarding  activity  and  sales  of
municipal bonds and is generally available to participants in the munic-
ipal  bond industry, at least one [day] HOUR prior to the [date] TIME of
the sale as set forth in the original notice of sale. In so changing the
terms or conditions of a sale the corporation may send  notice  by  such
wire  service  that  the  sale  will  be  delayed  by up to thirty days,
provided that wire notice of the new sale date will be  given  at  least
one  business  day  prior to the new time when bids will be accepted. In
such event, no new notice of sale shall be  required  to  be  published.
Advertisements  shall  contain a provision to the effect that the corpo-
ration, in its discretion, may reject any or all bids made in  pursuance
of  such  advertisements, and in the event of such rejection, the corpo-
ration is authorized to negotiate a private sale or readvertise for bids
in the form and manner above described as many times as,  in  its  judg-
ment,  may  be necessary to effect a satisfactory sale.  Notwithstanding
the foregoing provisions of this paragraph, whenever in the judgment  of
the corporation the interests of the corporation will be served thereby,
the  corporation  may  sell bonds at private sale. The corporation shall
promulgate regulations governing the terms and conditions  of  any  such
private  sales, which regulations shall include a provision that it give
notice to the governor, the temporary president of the senate,  and  the
speaker  of  the  assembly of its intention to conduct a private sale of
obligations pursuant to this section not less than five  days  prior  to
such sale or the execution of any binding agreement to effect such sale.
  S  49.  Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 46 of part JJ of chapter 56 of the laws  of  2010,
is amended to read as follows:
  1.  The  dormitory  authority  is  authorized  to  issue bonds, at the
request of the commissioner of education, to  finance  eligible  library
construction projects pursuant to section two hundred seventy-three-a of
the  education  law,  in  amounts  certified by such commissioner not to
exceed  a  total  principal  amount  of  [seventy]  EIGHTY-FOUR  million
dollars.
  S  50.  Section  21-e of chapter 432 of the laws of 1997, amending the
state finance law and other laws relating to the issuance  of  bonds  or
notes  for community enhancement facilities projects, is amended to read
as follows:

S. 2808--D                         119                        A. 4008--D

  S 21-e.   Notwithstanding the provisions  of  any  other  law  to  the
contrary,  the authority is hereby authorized to issue bonds or notes in
one or more series for the purpose of funding project  costs  or  making
grants,  loans or combinations thereof for community enhancement facili-
ties  projects. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed four  hundred  [twenty-
five]  TWENTY-THREE  million FIVE HUNDRED THOUSAND dollars total for all
issuing authorities, excluding bonds issued to fund  one  or  more  debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or  notes issued to refund or otherwise repay such bonds or notes previ-
ously issued. Such bonds and notes of the authority shall not be a  debt
of  the state, and the state shall not be liable thereon, nor shall they
be payable out of any funds other than those appropriated by  the  state
to  the  authority  for  debt service and related expenses pursuant to a
service contract and such bonds and notes  shall  contain  on  the  face
thereof  a  statement  to such effect.  Except for purposes of complying
with the internal revenue code,  any  interest  income  earned  on  bond
proceeds shall only be used to pay debt service on such bonds.
  S 51. Subdivision (a) of section 1 of part T of chapter 84 of the laws
of  2002,  relating  to authorizing the New York state urban development
corporation and the dormitory authority of the  state  of  New  York  to
issue bonds or notes for the purpose of financing certain project costs,
is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York
state urban development corporation and the dormitory authority  of  the
state  of  New York are hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount, subject to the  limita-
tions   contained   in   section  eight  of  this  act,  not  to  exceed
[$1,200,000,000] $1,189,700,000 excluding bonds issued to  fund  one  or
more debt service reserve funds, to pay costs of issuance of such bonds,
and  bonds  or  notes  issued to refund or otherwise repay such bonds or
notes previously issued, for the purposes  of  financing  project  costs
authorized  under  this  act. Such bonds and notes of the corporation or
the dormitory authority shall not be a debt of the state and  the  state
shall  not be liable thereon, nor shall they be payable out of any funds
other than those appropriated by the state to  the  corporation  or  the
authority  for debt service and related expenses pursuant to any service
contract executed pursuant to subdivision (b)  of this section, and such
bonds and notes shall contain on the face thereof a  statement  to  such
effect.    Except  for  purposes  of complying with the internal revenue
code, any interest income earned on bond proceeds shall only be used  to
pay  debt  service  on such bonds. All of the provisions of the New York
state urban development corporation act and the dormitory authority  act
relating  to  bonds  and  notes  which  are  not  inconsistent  with the
provisions of this section shall apply to obligations authorized by this
section, including but not limited to the power  to  establish  adequate
reserves  therefore and to issue renewal notes or refunding bonds there-
of. The issuance of any  bonds  or  notes  hereunder  shall  further  be
subject to the approval of the director of the division of the budget.
  S  52. Subdivision (a) of section 27 of chapter 3 of the laws of 2004,
relating to authorizing the New York state urban development corporation
and the dormitory authority of the state of New York to issue  bonds  or
notes, is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York

S. 2808--D                         120                        A. 4008--D

State urban development corporation and the dormitory authority  of  the
state  of  New York are hereby authorized to issue bonds or notes in one
or  more  series  in  an  aggregate  principal  amount  not  to   exceed
[$350,000,000]  $345,750,000  excluding  bonds  issued to finance one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise  repay  such  bonds  or
notes  previously issued, for the purpose of financing economic develop-
ment projects outside cities with a population of one million  or  more.
Such bonds and notes of the corporation or the dormitory authority shall
not  be  a debt of the state, and the state shall not be liable thereon,
nor shall they be payable out of any funds other than those appropriated
by the state to the corporation or  the  dormitory  authority  for  debt
service  and  related expenses pursuant to any service contract executed
pursuant to subdivision (b) of this section and  such  bonds  and  notes
shall  contain  on  the face thereof a statement to such effect.  Except
for purposes of complying with the internal revenue code,  any  interest
income earned on bond proceeds shall only be used to pay debt service on
such  bonds.  All of the provisions of the New York state urban develop-
ment corporation act and the dormitory authority act relating  to  bonds
and notes which are not inconsistent with the provisions of this section
shall apply to obligations authorized by this section, including but not
limited  to  the  power  to  establish adequate reserves therefor and to
issue renewal notes or refunding bonds  thereof.  The  issuance  of  any
bonds or notes hereunder shall further be subject to the approval of the
director of the division of the budget.
  S 53. Subdivision (a) of section 1 of part X of chapter 59 of the laws
of  2004,  relating  to authorizing the New York state urban development
corporation and the dormitory authority of the  state  of  New  York  to
issue bonds or notes, is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York
State urban development corporation and the dormitory authority  of  the
state  of  New York are hereby authorized to issue bonds or notes in one
or  more  series  in  an  aggregate  principal  amount  not  to   exceed
[$250,000,000]  $243,325,000  excluding  bonds  issued to finance one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise  repay  such  bonds  or
notes  previously  issued, for the purpose of financing projects cost of
the Empire Opportunity Fund; Rebuilding the Empire State Through  Oppor-
tunities  in  Regional  Economies  (RESTORE)  New  York Program; and the
Community Capital Assistance Program authorized pursuant to  Part  T  of
chapter  84 of the laws of 2002. Such bonds and notes of the corporation
or the dormitory authority shall not be a debt of  the  state,  and  the
state  shall not be liable thereon, nor shall they be payable out of any
funds other than those appropriated by the state to the  corporation  or
the  dormitory  authority for debt service and related expenses pursuant
to any service contract executed pursuant to  subdivision  (b)  of  this
section  and  such  bonds  and notes shall contain on the face thereof a
statement to such effect.   Except for purposes of  complying  with  the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds. All of the provisions of
the  New  York state urban development corporation act and the dormitory
authority act relating to bonds and notes  which  are  not  inconsistent
with  the  provisions of this section shall apply to obligations author-
ized by this section, including but not limited to the power  to  estab-
lish  adequate reserves therefor and to issue renewal notes or refunding

S. 2808--D                         121                        A. 4008--D

bonds thereof. The issuance  of  any  bonds  or  notes  hereunder  shall
further  be  subject  to the approval of the director of the division of
the budget.
  S 54. Subdivision (a) of section 1 of part T of chapter 59 of the laws
of  2005, relating to the urban development corporation bonding authori-
ty, as added by section 3 of part C of chapter 63 of the laws  of  2005,
is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary the urban develop-
ment corporation or the dormitory  authority  is  hereby  authorized  to
issue  bonds  or  notes  in one or more series in an aggregate principal
amount not to exceed [$250,000,000] $249,000,000 excluding bonds  issued
to finance one or more debt service reserve funds, to pay costs of issu-
ance  of  such  bonds,  and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued, for the  purpose  of  reim-
bursing  the  state capital projects fund disbursements made pursuant to
appropriations for the New York state high  technology  and  development
program, pursuant to a memorandum of understanding to be executed by the
governor,  the temporary president of the senate, and the speaker of the
assembly, and further provided that the proceeds of such bonds or  notes
are  authorized  to be utilized to finance grants, loans or combinations
thereof pursuant to the New York state high technology  and  development
program,  as  appropriated  by  a  chapter of the laws of 2005. Eligible
project costs may include, but not be limited to  the  cost  of  design,
financing,  site  acquisition and preparation, demolition, construction,
rehabilitation, acquisition of machinery and equipment, parking  facili-
ties,  and  infrastructure.  Such  bonds  and  notes  of such authorized
issuers shall not be a debt of the state, and the  state  shall  not  be
liable  thereon,  nor  shall they be payable out of any funds other than
those appropriated by the state to  such  authorized  issuers  for  debt
service  and  related expenses pursuant to any service contract executed
pursuant to subdivision (b) of this section and  such  bonds  and  notes
shall contain on the face thereof a statement to such effect. Except for
purposes  of  complying  with  the  internal  revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  S 55. Subdivision (a) of section 1 of part S of chapter 59 of the laws
of 2005, relating to the authority of the urban development  corporation
and  the  dormitory authority to issue bonds, as amended by section 1 of
part C of chapter 63 of the laws of 2005, is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any provisions of law to the contrary, the urban devel-
opment corporation or the dormitory authority is  hereby  authorized  to
issue  bonds  or  notes  in one or more series in an aggregate principal
amount not to exceed [$90,000,000] $89,750,000 excluding bonds issued to
finance one or more debt service reserve funds, to pay costs of issuance
of such bonds, and bonds or notes issued to refund  or  otherwise  repay
such  bonds  or  notes previously issued, for the purpose of reimbursing
the state capital projects fund disbursements made pursuant to appropri-
ations for the regional economic development program pursuant to a memo-
randum of understanding to be executed by the  governor,  the  temporary
president  of  the senate, and the speaker of the assembly. The proceeds
of such bonds or notes are authorized to be utilized to finance  grants,
loans or combinations thereof pursuant to the regional economic develop-
ment program, as appropriated by a chapter of the laws of 2005. Eligible
project  costs  may  include,  but not be limited to the cost of design,

S. 2808--D                         122                        A. 4008--D

financing, site investigations, site acquisition and preparation,  demo-
lition,  construction,  rehabilitation,  acquisition  of  machinery  and
equipment, and infrastructure improvements. Such bonds and notes of such
authorized issuers shall not be a debt of the state, and the state shall
not  be liable thereon, nor shall they be payable out of any funds other
than those appropriated by the state to such authorized issuers for debt
service and related expenses pursuant to any service  contract  executed
pursuant  to  subdivision  (b)  of this section and such bonds and notes
shall contain on the face thereof a statement to such  effect.    Except
for  purposes  of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  S 56. Intentionally omitted.
  S 57. Subdivision 1 of section 43 of section 1 of chapter 174  of  the
laws  of  1968, constituting the New York state urban development corpo-
ration act, as amended by section 48 of part PP of  chapter  56  of  the
laws of 2009, is amended read as follows:
  1.  Notwithstanding  the  provisions of any other law to the contrary,
the dormitory authority and the corporation  are  hereby  authorized  to
issue  bonds  or  notes in one or more series for the purpose of funding
project costs for various economic development and regional initiatives,
the upstate regional blueprint fund, the downstate revitalization  fund,
the  upstate  agricultural  economic  fund,  the  New York state capital
assistance program, the New York state economic  development  assistance
program  and other state costs associated with such projects. The aggre-
gate principal amount of bonds authorized to be issued pursuant to  this
section   shall  not  exceed  one  billion  [three]  TWO  hundred  [ten]
SIXTY-NINE million FOUR HUNDRED FIFTY THOUSAND dollars, excluding  bonds
issued  to  fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
dormitory authority and the corporation shall  not  be  a  debt  of  the
state,  and  the  state  shall  not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the  state  to
the dormitory authority and the corporation for principal, interest, and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes  of  complying  with  the  internal  revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  S 57-a. Subdivision (a) of section 32 of chapter 60  of  the  laws  of
2006  relating  to  providing  for  administration  of certain funds and
accounts related to the 2006-2007 budget, as amended by  section  45  of
part  RR  of  chapter  57  of  the  laws  of 2008, is amended to read as
follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any  provisions  of  law  to  the contrary, one or more
authorized issuers as defined by section 68-a of the state  finance  law
are  hereby  authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed [$120,500,000]  $21,000,000,
excluding  bonds  issued  to  finance  one  or more debt service reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to refund or otherwise repay such bonds or notes previously issued,  for
the  purpose  of  financing  capital  projects for office for technology
facilities, debt service and leases; and to reimburse the state  general
fund  for  disbursements  made  therefor.  Such  bonds and notes of such

S. 2808--D                         123                        A. 4008--D

authorized issuer shall not be a debt of the state, and the state  shall
not  be liable thereon, nor shall they be payable out of any funds other
than those appropriated by the state to such authorized issuer for  debt
service  and  related expenses pursuant to any service contract executed
pursuant to subdivision (b) of this section and  such  bonds  and  notes
shall contain on the face thereof a statement to such effect. Except for
purposes  of  complying  with  the  internal  revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  S 57-b. Subdivision (a) of section 1 of part H of chapter  61  of  the
laws  of 2000 relating to authorizing bonds for the strategic investment
program is amended to read as follows:
  (a) Notwithstanding any provisions of law to  the  contrary,  the  New
York state urban development corporation, the dormitory authority of the
state of New York or the environmental facilities corporation are hereby
authorized to issue bonds or notes in one or more series in an aggregate
principal  amount  not  to  exceed [$225,000,000] $215,650,000 excluding
bonds issued to finance one or more debt service reserve funds,  to  pay
costs  of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay such bonds or notes previously issued, for  the  purpose
of making grants, loans or combinations thereof for $250,000 or more for
environmental  projects,  including  the  preservation  of  historically
significant places in New York state, and projects to conserve, acquire,
develop or improve parklands, parks or public recreation areas;  includ-
ing  economic development projects which will facilitate the creation or
retention of jobs or increase business activity within a municipality or
region of the state; including higher education  projects;  projects  to
establish  new or rehabilitate existing business incubator facilities to
accommodate emerging or small high technology  companies;  and  arts  or
cultural  projects; and to reimburse the state capital projects fund for
disbursements made therefor. Such bonds and notes of the New York  state
urban  development  corporation, the dormitory authority of the state of
New York or the environmental facilities corporation shall not be a debt
of the state, and the state shall not be liable thereon, nor shall  they
be  payable  out of any funds other than those appropriated by the state
to the New York  state  urban  development  corporation,  the  dormitory
authority  of  the  state  of  New  York or the environmental facilities
corporation for debt  service  and  related  expenses  pursuant  to  any
service  contract  executed  pursuant to subdivision (b) of this section
and such bonds and notes shall contain on the face thereof  a  statement
to  such  effect.  Except  for  purposes  of complying with the internal
revenue code, any interest income earned on bond proceeds shall only  be
used to pay debt service on such bonds.
  S  57-c.  Subdivision  (a) of section 1 of part X of chapter 58 of the
laws of 2006 authorizing the New York  state  urban  development  corpo-
ration, the dormitory authority, the New York state environmental facil-
ities corporation, the New York state housing finance agency and the New
York  state  thruway  authority  to  issue bonds or notes, as amended by
section 1 of part J-1 of chapter 109 of the laws of 2006, is amended  to
read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to  the  contrary,  the  New  York
State Urban Development Corporation or the Dormitory Authority are here-
by authorized to issue bonds or notes in one or more series in an aggre-
gate  principal  amount  not  to  exceed [$2,318,000,000] $2,310,385,000
excluding bonds issued to finance  one  or  more  debt  service  reserve

S. 2808--D                         124                        A. 4008--D

funds, to pay costs of issuance of such bonds, and bonds or notes issued
to  refund or otherwise repay such bonds or notes previously issued, for
the purpose of making grants, loans or combination thereof for  economic
development projects; university development projects; homeland security
projects;  environmental  projects;  public  recreation projects; initi-
atives that promote academic research  and  development;  projects  that
improve  arts  and  cultural  facilities; initiatives, including but not
limited to, the  development  of  photovoltaic  technologies  and  other
research  and development regarding fuel diversification, energy conser-
vation and energy efficiency in the transportation  and  energy  sector;
for  a  competitive  solicitation for construction of a pilot cellulosic
ethanol refinery; Ohel Camp for the Disabled; United Way 2-1-1;  Cornell
University  Equine Drug Testing Lab; Pipeline for Jobs; Towns of Bristol
and Canandaigua Public Water System;  Smithtown/Kings  Park  Psychiatric
Center  Rehabilitation; Belleayre Mountain Ski Center; State of New York
Umbilical Cord Blood Bank; Old Gore Mountain Ski Bowl Connection; Brent-
wood State Park Athletic Complex; Adirondack  Community  Housing  Trust;
Ogdensburg  Psychiatric Center; Fredonia Vineyard Laboratory; Renovation
of Housing Facilities; or to reimburse state capital projects funds  for
disbursements  made  for  such  purposes  pursuant  to  an appropriation
contained in a chapter of the laws of 2006. Eligible project  costs  may
include,  but not be limited to the cost of design, site acquisition and
preparation, demolition, construction,  rehabilitation,  acquisition  of
machinery  and  equipment,  parking facilities, and infrastructure. Such
bonds and notes of such authorized issuers shall not be a  debt  of  the
state,  and  the  state  shall  not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the  state  to
such  authorized  issuers for debt service and related expenses pursuant
to any service contract executed pursuant to  subdivision  (b)  of  this
section  and  such  bonds  and notes shall contain on the face thereof a
statement to such effect. Except for  purposes  of  complying  with  the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
  S  57-d.  Section 69-b of the state finance law, as amended by section
32-a of part T of chapter 57 of the laws of 2007, is amended to read  as
follows:
  S  69-b. Limitation on amount of variable rate debt instruments. As of
the initial date of each issuance of variable rate bonds or the date  of
entering  into  any  other  variable  rate debt instruments, or for debt
issued on or before July first, two thousand five upon conversion of any
state-supported debt to variable rate debt instruments, the total of the
principal and notional amounts of such variable  rate  debt  instruments
outstanding  and  in effect shall not exceed an amount equal to [twenty]
FIFTEEN percent of the total principal amount  of  state-supported  debt
outstanding.
  S  57-e.  Paragraph  (c) of subdivision 2 of section 69-d of the state
finance law, as amended by section 32 of part T of  chapter  57  of  the
laws of 2007, is amended to read as follows:
  (c) the total notional amount of all interest rate exchange or similar
agreements  for  all authorized issuers to be in effect shall not exceed
an amount equal to [twenty] FIFTEEN  percent  of  the  total  amount  of
state-supported debt outstanding as of the initial date of entering into
each  new  agreement; provided, however, that such total notional amount
shall not include any excluded agreements.

S. 2808--D                         125                        A. 4008--D

  S 58. Section 1 of chapter 174 of the laws of 1968,  constituting  the
New York state urban development corporation act, is amended by adding a
new section 44 to read as follows:
  S  44.  1.  NOTWITHSTANDING  THE  PROVISIONS  OF  ANY OTHER LAW TO THE
CONTRARY, THE DORMITORY AUTHORITY AND THE CORPORATION ARE HEREBY AUTHOR-
IZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR  THE  PURPOSE  OF
FUNDING  PROJECT  COSTS  FOR  THE  REGIONAL ECONOMIC DEVELOPMENT COUNCIL
INITIATIVE, THE ECONOMIC TRANSFORMATION PROGRAM AND  OTHER  STATE  COSTS
ASSOCIATED  WITH  SUCH PROJECTS. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS
AUTHORIZED TO BE ISSUED PURSUANT TO THIS SECTION SHALL  NOT  EXCEED  ONE
HUNDRED  EIGHTY  MILLION  FIVE HUNDRED FIFTY THOUSAND DOLLARS, EXCLUDING
BONDS ISSUED TO FUND ONE OR MORE DEBT  SERVICE  RESERVE  FUNDS,  TO  PAY
COSTS  OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED TO REFUND OR
OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED.  SUCH  BONDS  AND
NOTES OF THE DORMITORY AUTHORITY AND THE CORPORATION SHALL NOT BE A DEBT
OF  THE STATE, AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY
BE PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY  THE  STATE
TO  THE DORMITORY AUTHORITY AND THE CORPORATION FOR PRINCIPAL, INTEREST,
AND RELATED EXPENSES PURSUANT TO A SERVICE CONTRACT AND SUCH  BONDS  AND
NOTES  SHALL  CONTAIN  ON  THE  FACE THEREOF A STATEMENT TO SUCH EFFECT.
EXCEPT FOR PURPOSES OF COMPLYING WITH THE  INTERNAL  REVENUE  CODE,  ANY
INTEREST  INCOME  EARNED ON BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT
SERVICE ON SUCH BONDS.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  IN
ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE CORPORATION IN UNDERTAK-
ING  THE  FINANCING FOR PROJECT COSTS FOR THE REGIONAL ECONOMIC DEVELOP-
MENT COUNCIL INITIATIVE, THE ECONOMIC TRANSFORMATION PROGRAM  AND  OTHER
STATE COSTS ASSOCIATED WITH SUCH PROJECTS, THE DIRECTOR OF THE BUDGET IS
HEREBY  AUTHORIZED  TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE
DORMITORY AUTHORITY AND THE CORPORATION,  NONE  OF  WHICH  SHALL  EXCEED
THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS AS THE DIRECTOR
OF  THE BUDGET AND THE DORMITORY AUTHORITY AND THE CORPORATION AGREE, SO
AS TO ANNUALLY PROVIDE TO THE DORMITORY AUTHORITY AND  THE  CORPORATION,
IN  THE  AGGREGATE,  A  SUM  NOT  TO EXCEED THE PRINCIPAL, INTEREST, AND
RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES. ANY SERVICE CONTRACT
ENTERED INTO PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE  OBLIGATION
OF  THE  STATE TO PAY THE AMOUNT THEREIN PROVIDED SHALL NOT CONSTITUTE A
DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL OR  STATUTORY
PROVISION  AND  SHALL  BE  DEEMED EXECUTORY ONLY TO THE EXTENT OF MONIES
AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY  THE  STATE  BEYOND
THE  MONIES  AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPROPRIATION
BY THE LEGISLATURE.  ANY SUCH CONTRACT OR ANY PAYMENTS  MADE  OR  TO  BE
MADE  THEREUNDER  MAY BE ASSIGNED AND PLEDGED BY THE DORMITORY AUTHORITY
AND THE CORPORATION AS SECURITY FOR ITS BONDS AND NOTES,  AS  AUTHORIZED
BY THIS SECTION.
  S  58-a.  Paragraph  (a) of section 55 of part JJ of chapter 56 of the
laws of 2010, relating to providing for the  administration  of  certain
funds  and  accounts related to the 2010-2011 budget, is amended to read
as follows:
  (a) section forty-two of this act shall be deemed to have been in full
force and effect on and after April 1, [2008] 2007;
  S 59. 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
further that sections  one  through  fourteen-a  and  sections  eighteen
through  twenty-eight of this act shall expire March 31, 2012, when upon
such date, the provisions of such sections  shall  be  deemed  repealed;

S. 2808--D                         126                        A. 4008--D

provided  further that the amendments to subdivision 5 of section 97-rrr
of the state finance law made by section sixteen of this act  shall  not
affect  the  expiration  of such subdivision and shall expire therewith;
and  provided  further  that  section forty-seven of this act shall take
effect on the same date as the reversion of  subdivision  5  of  section
3234  of  the public authorities law as provided in section 3 of chapter
48 of the laws of 2010, as  amended  and  shall  expire  and  be  deemed
repealed March 31, 2013.

                                 PART CC

  Section  1. Item 1 of clause (A) of subparagraph (ii) of paragraph (i)
of subdivision 1 of section 201 of  the  vehicle  and  traffic  law,  as
amended  by  section  2  of part E of chapter 60 of the laws of 2005, is
amended to read as follows:
  (1) fifty-five years where the conviction and suspension or revocation
order relates to a conviction, suspension or revocation by the holder OF
ANY DRIVER'S LICENSE WHEN  OPERATING  A  COMMERCIAL  MOTOR  VEHICLE,  AS
DEFINED  IN SUBDIVISION FOUR OF SECTION FIVE HUNDRED ONE-A OF THIS CHAP-
TER, OR BY THE HOLDER of a commercial driver's license [who,] when oper-
ating any motor vehicle, WHO: has refused to submit to a  chemical  test
pursuant to section eleven hundred ninety-four of this chapter[,] or has
been  convicted  of  any  of the following offenses [while operating any
motor vehicle]: any violation of  subdivision  two,  three  or  four  of
section  eleven  hundred  ninety-two  of  this chapter, any violation of
subdivision one or two of section six hundred of this chapter, any felo-
ny involving the use of a motor vehicle, other than the use of  a  motor
vehicle  in the commission of a felony involving manufacturing, distrib-
uting, dispensing a controlled substance; or the conviction,  suspension
or  revocation  involves any of the following offenses while operating a
commercial motor vehicle: any violation of subdivision five  or  six  of
section  eleven hundred ninety-two of this chapter, driving a commercial
motor vehicle when as a result of prior violations committed while oper-
ating a commercial  motor  vehicle,  the  driver's  commercial  driver's
license  is  suspended  or  revoked,  or has been convicted of causing a
fatality through the negligent operation of a commercial motor  vehicle,
including  but  not  limited to the crimes of vehicular manslaughter and
criminally negligent homicide as set forth in article one hundred  twen-
ty-five of the penal law;
  S  2.  Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by chapter 639 of the laws  of  2006,  is  amended  to  read  as
follows:
  1.  Application for license.  Application for a driver's license shall
be made to the commissioner.  The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking of a photo image or images of the applicant  in  accordance  with
rules  and  regulations prescribed by the commissioner. In addition, the
commissioner also shall require that the applicant provide  his  or  her
social  security number and provide space on the application so that the
applicant may register in the New York  state  organ  and  tissue  donor
registry under section forty-three hundred ten of the public health law.
In  addition,  an  applicant  for a commercial driver's license who will
operate a commercial motor vehicle in interstate commerce shall  certify
that such applicant meets the requirements to operate a commercial motor

S. 2808--D                         127                        A. 4008--D

vehicle,  as  set forth in public law 99-570, title XII, and title 49 of
the code of federal regulations, and all regulations promulgated by  the
United  States secretary of transportation under the hazardous materials
transportation  act. IN ADDITION, AN APPLICANT FOR A COMMERCIAL DRIVER'S
LICENSE SHALL SUBMIT A MEDICAL CERTIFICATE AT SUCH INTERVALS AS REQUIRED
BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT  OF  1999  AND  PART
383.71(H)  OF  TITLE  49  OF THE CODE OF FEDERAL REGULATIONS RELATING TO
MEDICAL CERTIFICATION AND IN A MANNER PRESCRIBED  BY  THE  COMMISSIONER.
FOR  PURPOSES  OF  THIS SECTION AND SECTIONS FIVE HUNDRED THREE AND FIVE
HUNDRED TEN-A OF THIS TITLE, THE TERM "MEDICAL CERTIFICATE" SHALL MEAN A
FORM SUBSTANTIALLY IN  COMPLIANCE  WITH  THE  FORM  SET  FORTH  IN  PART
391.43(H)  OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS. Upon a deter-
mination that the holder of a commercial driver's license has  made  any
false  statement,  with respect to the application for such license, the
commissioner shall revoke such license.
  S 3. Paragraph (b) of subdivision 1 of section 503 of the vehicle  and
traffic  law,  as amended by chapter 435 of the laws of 1997, is amended
to read as follows:
  (b) An application for a license shall be valid for a period  of  time
specified  by regulation of the commissioner not to exceed five years. A
learner's permit shall be valid from its issuance until  the  expiration
of  the  application  for  a  driver's  license for which it was issued.
PROVIDED, HOWEVER, THAT IF THE MEDICAL CERTIFICATE SUBMITTED IN  ACCORD-
ANCE  WITH THE REQUIREMENTS OF THE FEDERAL MOTOR CARRIER SAFETY IMPROVE-
MENT ACT OF 1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE  OF  FEDERAL
REGULATIONS  BY  AN APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE EXPIRES,
ANY LEARNER'S PERMIT THAT MAY HAVE BEEN ISSUED BY  THE  COMMISSIONER  IN
CONNECTION WITH THE APPLICATION SHALL BE SUSPENDED.
  S 4. Subdivision 1 of section 510-a of the vehicle and traffic law, as
amended  by  section  13 of part E of chapter 60 of the laws of 2005, is
amended to read as follows:
  1.  Revocation. A commercial driver's license shall be revoked by  the
commissioner  whenever the holder is convicted within or outside of this
state (a) of a felony involving the use of  a  motor  vehicle  except  a
felony as described in paragraph (b) of this subdivision; (b) of a felo-
ny involving manufacturing, distributing or dispensing a drug as defined
in  section  one hundred fourteen-a of this chapter or possession of any
such drug with intent to manufacture, distribute or dispense  such  drug
in which a motor vehicle was used; (c) of a violation of subdivision one
or  two  of  section  six  hundred  of  this chapter; (d) of operating a
commercial motor vehicle when, as a result of prior violations committed
while operating a commercial  motor  vehicle,  the  driver's  commercial
driver's  license  is  revoked, suspended, or canceled, or the driver is
disqualified from operating a commercial motor  vehicle;  (e)  [or]  has
been  convicted of causing a fatality through the negligent operation of
a commercial motor vehicle, including but not limited to the  crimes  of
vehicular  manslaughter  or  criminally  negligent  homicide; OR (F) THE
COMMISSIONER DETERMINES THAT THE  HOLDER  HAS  MADE  A  FALSE  STATEMENT
REGARDING  INFORMATION: (I) REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY
IMPROVEMENT ACT OF 1999 AND SUBPART J OF PART 383 OF  TITLE  49  OF  THE
CODE  OF  FEDERAL  REGULATIONS RELATING TO A COMMERCIAL DRIVER'S LICENSE
DOCUMENT IN AN APPLICATION  FOR  A  COMMERCIAL  DRIVER'S  LICENSE;  (II)
REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND
PART  383.71  (A) AND (G) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS
RELATING TO AN INITIAL COMMERCIAL DRIVER'S LICENSE OR  EXISTING  COMMER-
CIAL   DRIVER'S  LICENSE  HOLDER'S  SELF-CERTIFICATION  IN  ANY  OF  THE

S. 2808--D                         128                        A. 4008--D

SELF-CERTIFICATIONS REGARDING THE TYPE  OF  DRIVING  ENGAGED  OR  TO  BE
ENGAGED  IN  BY  THE  HOLDER OR REGARDING THE NON-APPLICABILITY   TO THE
HOLDER OF THE PHYSICAL QUALIFICATION REQUIREMENTS OF THE  FEDERAL  MOTOR
CARRIER  SAFETY  IMPROVEMENT ACT OF 1999 AND PART 391 OF TITLE 49 OF THE
CODE OF FEDERAL REGULATIONS RELATING TO QUALIFICATIONS  OF  DRIVERS;  OR
(III)  REQUIRED  BY  THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF
1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF  FEDERAL  REGULATIONS
RELATING  TO  COMMERCIAL  DRIVER'S  LICENSE  REQUIREMENTS IN ANY MEDICAL
CERTIFICATE.
  S 5. Paragraph (a) of subdivision 2 of section 510-a  of  the  vehicle
and  traffic law, as amended by section 6 of part K of chapter 59 of the
laws of 2009, is amended to read as follows:
  (a) Except as otherwise provided in paragraph (b) of this subdivision,
where revocation of a commercial driver's license is mandatory  pursuant
to  paragraph  (a), (c), (d) [or], (e) OR (F) of subdivision one of this
section no new commercial driver's license shall be issued for at  least
one  year  nor  thereafter except in the discretion of the commissioner,
except that FOR REVOCATIONS PURSUANT TO PARAGRAPH (A), (C), (D)  OR  (E)
OF  SUBDIVISION  ONE OF THIS SECTION, if such person has previously been
found to have refused a chemical test pursuant to section eleven hundred
ninety-four of this chapter or has a prior  conviction  of  any  of  the
following  offenses:  any violation of section eleven hundred ninety-two
of this chapter, any violation of subdivision one or two of section  six
hundred  of  this  chapter,  or  any felony involving the use of a motor
vehicle pursuant to paragraph (a) of subdivision one of this section, or
has been convicted of operating a commercial motor vehicle  when,  as  a
result  of prior violations committed while operating a commercial motor
vehicle, the driver's commercial driver's license is revoked, suspended,
or canceled, or the driver is disqualified from operating  a  commercial
motor  vehicle,  or has been convicted of causing a fatality through the
negligent operation of a commercial motor  vehicle,  including  but  not
limited  to the crimes of vehicular manslaughter or criminally negligent
homicide, then such commercial  driver's  license  revocation  shall  be
permanent.
  S  6. Subdivision 3 of section 510-a of the vehicle and traffic law is
amended by adding a new paragraph (f) to read as follows:
  (F) A COMMERCIAL DRIVER'S LICENSE SHALL BE SUSPENDED  BY  THE  COMMIS-
SIONER  UPON  THE  HOLDER'S  FAILURE  TO SUBMIT A MEDICAL CERTIFICATE OR
MEDICAL VARIANCE DOCUMENTATION, AT SUCH INTERVALS AS ARE REQUIRED BY THE
FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART  383.71(H)
OF  TITLE  49  OF THE CODE OF FEDERAL REGULATIONS RELATING TO COMMERCIAL
DRIVER'S LICENSE REQUIREMENTS AND IN A MANNER PRESCRIBED BY THE  COMMIS-
SIONER.  A  COMMERCIAL  DRIVER'S  LICENSE SHALL ALSO BE SUSPENDED BY THE
COMMISSIONER UPON RECEIPT OF INFORMATION FROM THE ISSUING MEDICAL  EXAM-
INER  OR  THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION THAT A MEDICAL
CERTIFICATION OR MEDICAL VARIANCE WAS ISSUED IN ERROR.  SUCH  SUSPENSION
SHALL  BE  TERMINATED  UPON: (I) THE HOLDER'S SUBMISSION OF THE REQUIRED
VALID MEDICAL CERTIFICATE OR MEDICAL VARIANCE  DOCUMENTATION;  (II)  THE
HOLDER'S  SELF-CERTIFICATION  SPECIFYING  THE  TYPE  OF COMMERCIAL MOTOR
VEHICLE OPERATION HE OR SHE ENGAGES IN, OR EXPECTS  TO  ENGAGE  IN,  AND
THAT  THE  HOLDER  IS NOT SUBJECT TO THE PHYSICAL QUALIFICATION REQUIRE-
MENTS OF THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT  OF  1999  AND
PART  391  OF  TITLE  49  OF THE CODE OF FEDERAL REGULATIONS RELATING TO
QUALIFICATIONS OF DRIVERS; (III) THE HOLDER'S SURRENDER OF  HIS  OR  HER
COMMERCIAL  DRIVER'S  LICENSE  TO  THE  DEPARTMENT OR TO THE APPROPRIATE
LICENSING AUTHORITY OF ANOTHER JURISDICTION; OR (IV) THE HOLDER'S  DOWN-

S. 2808--D                         129                        A. 4008--D

GRADE  OF  HIS  OR  HER  COMMERCIAL DRIVER'S LICENSE TO A NON-COMMERCIAL
DRIVER'S LICENSE.
  S  7.  Subdivision  1 of section 514 of the vehicle and traffic law is
amended by adding a new paragraph (d) to read as follows:
  (D) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A), (B) AND  (C)  OF
THIS  SUBDIVISION,  UPON A JUDGMENT OF CONVICTION FOR A VIOLATION OF ANY
PROVISIONS OF THIS CHAPTER OR OF ANY LOCAL LAW, RULE, ORDINANCE OR REGU-
LATION RELATING TO TRAFFIC (EXCEPT ONE RELATED TO PARKING,  STOPPING  OR
STANDING), THE COURT OR THE CLERK THEREOF SHALL, WITHIN NINETY-SIX HOURS
OF  THE  IMPOSITION  OF  THE  SENTENCE, FILE THE CERTIFICATE REQUIRED BY
PARAGRAPH (A) OF THIS SUBDIVISION, IF THE PERSON CONVICTED: (I)  IS  THE
HOLDER OF A COMMERCIAL DRIVER'S LICENSE ISSUED BY ANOTHER STATE; OR (II)
DOES  NOT  HOLD  A  COMMERCIAL  DRIVER'S  LICENSE, BUT HAS BEEN ISSUED A
LICENSE BY ANOTHER STATE AND  IS  CONVICTED  OF  A  VIOLATION  THAT  WAS
COMMITTED  IN A COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SUBDIVISION FOUR
OF SECTION FIVE HUNDRED ONE-A OF THIS TITLE.
  S 8. Section 170.55 of the criminal procedure law is amended by adding
a new subdivision 9 to read as follows:
  9. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,  A  COURT  MAY
NOT ISSUE AN ORDER ADJOURNING AN ACTION IN CONTEMPLATION OF DISMISSAL IF
THE OFFENSE IS FOR A VIOLATION OF THE VEHICLE AND TRAFFIC LAW RELATED TO
THE  OPERATION  OF A MOTOR VEHICLE (EXCEPT ONE RELATED TO PARKING, STOP-
PING OR STANDING), OR A VIOLATION OF A  LOCAL  LAW,  RULE  OR  ORDINANCE
RELATED  TO  THE    OPERATION  OF A MOTOR VEHICLE (EXCEPT ONE RELATED TO
PARKING, STOPPING OR STANDING), IF SUCH OFFENSE  WAS  COMMITTED  BY  THE
HOLDER OF A COMMERCIAL DRIVER'S LICENSE OR WAS COMMITTED IN A COMMERCIAL
MOTOR  VEHICLE,  AS  DEFINED IN SUBDIVISION FOUR OF SECTION FIVE HUNDRED
ONE-A OF THE VEHICLE AND TRAFFIC LAW.
  S 9. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law; provided, however, that sections two, three, four,
five and six of this act shall take effect January 30,  2012,  provided,
however, that the addition, amendment and/or repeal of any rule or regu-
lation  necessary  for  the  implementation of this act on its effective
date are authorized and directed to be made and completed on  or  before
such effective date.
  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 CC of this act shall be
as specifically set forth in the last section of such Parts.

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